Terms and Conditions

Important Notice

https://peaktraders.com/ is a website operated by Edge Squared Limited in respect of the service of generating reports of various investment products using Edge Squared Limited’s proprietary educational and informational products. These Terms and Conditions will apply when you use our Website or our Service.

Edge Squared Limited is a private company limited by shares incorporated in Hong Kong with Companies Registry number 2806519. Please e-mail [email protected] to contact us.

Before proceeding, we ask that you read and accept these Terms and Conditions. If you do not agree to and accept these Terms and Conditions, then you must not use our Website or our Service.

By agreeing to these Terms and Conditions during the checkout, you will be directed to our Payment Intermediary to arrange payment of Services Fees for the subscription of the Service chosen by you.

  1. Definitions

“Account” means an approved account opened with Edge Squared by you to subscribe for the Services.

“Authorised Users” means employees or contractors of the Customer who are authorised to use the Service, solely for Customer’s internal business purposes in compliance with these Terms and Conditions.

“Customer”, “you”, “your” or “Subscriber” means an individual or entity that is being granted an Account by Edge Squared to make use of the Service.

“Device” or “Devices” means computer hardware, network, storage, input/output or electronic control devices, or software installed on such devices.

“Edge Squared”, “we”, “our” or “us” means Edge Squared Limited, a private company limited by shares incorporated in Hong Kong with Companies Registry number 2806519.

“Indemnified Parties” means Edge Squared, each subsidiary or affiliated company of Edge Squared, and their respective officer, employees, consultants and other representatives.

“Intellectual Property Rights” means all intellectual property rights including patents, trademarks, design rights, copyrights, database rights, trade secrets and all rights of an equivalent nature.

“Payment Intermediaries” means all third party payment processing service providers used by Edge Square and include: Paypal, Stripe and Whop.com.

“Privacy Policy” means the privacy policy from time to time of Edge Squared, which may be viewed at https://peaktraders.com/privacy

“Service” means various educational and information products that have been purchased by the Customer.

“Service Fees” means the prices and charges for the provision of the Service, and due and payable to Edge Squared in accordance with paragraph 5.

“Service Infrastructure” means all the Edge Squared systems (including code and course material) that facilitate, provide or describe the Service.

“Subscription Term” means the subscription term for Customer’s access and use of the Service.

“Support” means the technical assistance and remedies provided by Edge Squared in respect of the Service.

“Terms and Conditions” means the terms of this Terms and Conditions agreement.

“Report” means the report generated by the Service.

“Website” means https://peaktraders.com/, operated and controlled by Edge Squared, and any updates, upgrades or successors websites operated and controlled by Edge Squared.

1.1 Section headings in these Terms and Conditions are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms and Conditions.

1.2 In these Terms and Conditions, the words importing the singular shall include the plural and vice versa unless the context under these Terms and Conditions clearly indicates the contrary.

  1. Acceptance

2.1 You agree that:

(a) (if you are an individual) you are 18 years or older;

(b) you have the authority to enter into a legally binding contract with Edge Squared;

(c) you are not barred under any applicable laws or contracts from entering into a legally binding contract with Edge Squared; and

(d) all information and details you provide to us to register on our Website, apply for an Account or use our Service are true, current, complete and not misleading.

Edge Squared reserves the right to request written confirmation regarding your authority to agree to these Terms and Conditions.

2.2 You agree that you nor your Authorised Users:

(a) have been convicted for any computer or internet related crime;

(b) are competitors of Edge Squared;

(c) are located in a region that is prohibited from using the Service by law; and

(d) have been refused the Service by Edge Squared in the past.

2.3 Edge Squared reserves the right to refuse access to any potential subscriber to the Service should Edge Squared, in its absolute discretion, deem such refusal necessary.

2.4 Your registration with or use of our Service constitutes:

(a) your acceptance of these Terms and Conditions; and

(b) your undertaking to us to comply with them.

If you do not agree to these Terms and Conditions, you must not use our Website or Service.

2.5 Notwithstanding paragraph 2.1, you must expressly agree to these Terms and Conditions to:

(a) register your details with our Website;

(b) submit information to or via our Website; or

(c) use our Service.

2.6 By registering with the Website, using our Service or agreeing to these Terms and Conditions, you also agree and consent to our Privacy Policy. Our Privacy Policy can be reviewed at this https://peaktraders.com/privacy

2.7 By registering with the Website, using our Service or agreeing to these Terms and Conditions, you consent and agree to comply with our Acceptable Use policy (see paragraph 7 below for further details).

2.8 We recommend you print a copy of these Terms and Conditions for future reference.

  1. Registration and personal use of your Account

3.1 You acknowledge that you will use the Website, your Account and our Service for your own personal and non-commercial use only, as principal and not as agent or on behalf of any other person.

3.2 You will not access the Account of any other person at any time.

3.3 You will not assist others who are not Customers to use an Account or to obtain unauthorised access to an Account.

3.4 You are at all times fully responsible for all acts or omissions of your Authorised Users or any third party accessing or using your Account.

3.5 You may only open one Account. Multiple or linked accounts are not allowed.

  1. The Service

4.1 By subscribing for the Service, you grant Edge Squared permission to perform the Service. Edge Squared may perform the Service with the assistance of its employees and contractors, and the Service may include additional services other than generating reports of various investment products such as providing educational videos on how to read and analyse the Reports.

4.2 You are responsible for authorizing and initiating the Service.

4.3 You may choose to delete your Reports. We do not store your Reports. If you do not save your Reports, the Reports will be deleted.

4.6 Edge Squared is not required to provide Support or any upgrade or improvement to the Website or Service.

  1. Service Fees

5.1 You agree to pay all applicable Service Fees specified on the Website, or in a mutually agreed proposal.

5.2 Unless otherwise agreed, Service Fees are payable in advance on a monthly, semi-annually, or annual basis, depending on the Subscription Term chosen by you through the Website.

5.3 Service Fees are payable in full and in cleared funds.

5.4 Edge Squared will not increase your Service Fees after you have subscribed for the Service and the Service Fees will remain the same for as long as you remain subscribed to the Service.

5.5 Edge Squared may change the Service Fees stated on the Website from time to time, and will notify those changes in advance on the Website.

5.6 Unless specified by Edge Squared, prices and charges are exclusive of tax, levies, or similar governmental charges that may be assessed by any jurisdiction. All tax, levies, or similar governmental charges will be borne by you.

5.7 Edge Squared may use Payment Intermediaries to process any payment between you and Edge Squared. This includes payments in relation to your use of the Service. You consent that Edge Squared may provide documents and information about you to the Payment Intermediaries, including documents and information containing your personal data.

5.8 Edge Squared is not a regulated payment processor or a money service operator and is not responsible for any payment failures or issues caused by the Payment Intermediaries.

5.9 The Customer is responsible for providing complete and accurate information in the payment process and any Service Fees must be paid by the Customer’s own funds.

5.10 Edge Squared will not be liable or responsible for any unauthorised use by any third party of your credit, debit or prepaid cards, even if those cards were reported stolen. Edge Squared may inform any competent authorities (including credit reference agencies) of any fraudulent payment or other unlawful activity.

5.11 You will not:

(a) make or attempt to make any chargebacks in respect of any payment you have made for our Service; or

(b) reverse any payment you have made in respect of the Service.

5.12 You will indemnify us fully, and keep us fully indemnified, in respect of any chargebacks or reversal of payments made by you, and any loss, cost, liability or expense incurred by us arising from or in connection any such chargeback or reversal.

  1. Licence

6.1 In consideration for and as part of the Service Fee payable to us for the Service, Edge Squared grants you and your Authorised Users a non-assignable, non-exclusive, non-transferrable, non-sub-licensable bare licence for the Subscription Term to access use of:

(a) the Website and the Service; and

(b) Reports / Courses

in each case in accordance with these Terms and Conditions and for your internal purposes, and for no other purpose (whether commercial or otherwise). This licence may be restricted by territory in accordance with applicable laws. You will not be able to access our Service if you are located in an excluded territory.

6.2 Edge Squared retains all Intellectual Property Rights in all material developed, designed or created by Edge Squared for the purpose of the Website or the Service, including all Reports.

6.3 Use of the Service and delivery of Reports do not grant the Customer an interest in or to the Service. No licence or other right in or to the Service is granted to the Subscriber except for the rights specifically set out in these Terms and Conditions.

6.4 You must not edit or otherwise modify the paper or digital copies of any materials you have printed off or downloaded from our Website in any way.

6.5 Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on our Website. You must not use any illustrations, photographs, video or audio sequences or any graphics from our Website separately from any accompanying text.

6.6 Our status as the authors of content on our Website must always be acknowledged in any use by you or on your behalf of materials on or downloaded from our Website.

6.7 If you print off or copy any part of our Website in breach of these Terms and Conditions, your right to use our Website and the Service will cease immediately, and we may disable, delete, suspend or cancel your Account on the Website at any time. You must, immediately upon our request, return or destroy any copies of the materials you have made.

6.8 We reserve the right to restrict access to areas of our Website, or our whole Website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

  1. Acceptable use

7.1 You must not (“Prohibited Acts”):

(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, or data harvesting) on or in relation to our Website without our express written consent;

(e) access or otherwise interact with our Website using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for our Website;

(g) use data collected from our Website for any direct marketing activity (including email marketing, SMS marketing, telemarketing or direct mailing);

(h) use data collected from our Website to contact individuals, companies or other persons or entities;

(i) use or direct the Service to interact with Devices unless you are expressly authorized to do so;

(j) use the Service or data collected from our Website to conduct any activity for which you need a licence or approval which you do not have or is not in force;

(k) use the Service or Service Infrastructure in such a way to create unreasonable load on Devices to which you have directed the Service to interact;

(l) use any Service Infrastructure, directly or Indirectly to initiate, propagate, participate, direct or attempt any attack, hack, or send bandwidth saturation, malicious or potentially damaging network messages to any Device, whether owned by Edge Squared or not;

(m) directly or indirectly, copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise make any attempt to derive or access the structure of the Service or the source code from the Service (whether to create derivative works of the source code, or otherwise);

(n) use or access the Website in order to build a similar or competitive product or service or disclose to any third party any benchmarking or comparative study involving the Service;

(o) sell, assign, sublicense, transfer, distribute or lease your access to the Website;

(p) make the Website available to any third party through a private computer network;

(q) edit or otherwise modify any content or paper or digital copies of any materials printed off or copied from our Website or derived from our Service in any way (including any Reports); or

(r) use the Website in a manner prohibited by any laws or regulations which apply to the use of the Website.

7.2 You acknowledge that you will be liable to us for any damage, loss, liability, cost or expense we suffer or incur that arises from or in connection with any Prohibited Act performed or allowed by you.

7.3 You undertake to notify us as soon as reasonably practicable after becoming aware of any person performing any Prohibited Act. You will provide us with reasonable assistance in relation to any investigations we may conduct as a result of the information provided by you in this respect.

7.4 You must ensure that all the information you supply to us through our Website, or in relation to our Website or the Service:

(a) is true, accurate, current and complete, and is not misleading;

(b) complies with all applicable laws and regulations;

(c) does not infringe the privacy, personal data protection, confidentiality or intellectual property rights or other rights of any person; and

(d) is not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal or otherwise objectionable.

7.5 You will promptly provide all documents or other information we request from you to verify your identity. You will promptly update any information you provide to us so that all your information with us are complete and accurate at all times.

7.6 You must comply with, and it is your sole responsibility to ensure you comply with, all applicable laws in respect of your use of the Website and Service, whether based on your country of residence, place where you access the Website and Service, or otherwise.

7.7 Please e-mail us at [email protected] with details you learn of any material or activity on our Website that breaches these Terms and Conditions.

  1. Security

8.1 If you choose, or you are provided with, a username or user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party or allow a third party to use your Account.

8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.

8.3 If you know or suspect that anyone other than you knows your username or user identification code or password, or if you become aware of any unauthorized use of your Account, you must promptly notify us at [email protected].

8.4 You are responsible for any activity on our Website arising out of any failure to keep your username or user identification code or password confidential, and may be held liable for any losses arising out of such failure.

8.5 You are also responsible for ensuring that all persons who access our Website through your Account (including Authorised Users) are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them. If you (or any person accessing our Website through your Account) are in breach, or suspected to be in breach, of these Terms and Conditions, we may disable, delete, suspend or cancel your Account on the Website at any time.

8.6 You must not sell, trade, assign or otherwise transfer your Account to any other person.

  1. Website linkage

9.1 Links from our Website to other websites and resources provided by third parties are provided for your information only. Links to other websites and resources from our Website should not be interpreted as, and are not, recommendations or approval by us of those linked websites or resources, or any information you obtain from them.

9.2 You acknowledge and accept that we have no right or control over the contents of other websites and resources that are linked from or referred to in our Website.

9.3 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

9.4 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

9.5 You must not establish a link to our Website in any website that is not owned by you.

9.6 Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.

9.7 We reserve the right to withdraw linking permission without notice.

9.8 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use policy (see paragraph 7 above).

9.9 Please contact [email protected] to seek our prior permission to any linkage to our Website that does not comply with this paragraph 9.

  1. Confidentiality

10.1 Edge Squared’s confidential information (the “Confidential Information”) includes all information related to the Service or business of Edge Squared that is marked or treated as confidential or secret by Edge Squared, or should reasonably be regarded as confidential or secret from the applicable context and circumstances, and includes:

(a) the Service Infrastructure;

(b) the Reports /Course materials generated by our Service;

(c) any and all other information which is disclosed by Edge Squared to you orally, electronically, visually, or in a document or other tangible form which is either identified as or should be reasonably understood to be confidential or proprietary; and

(d) any notes, extracts, analysis, or materials prepared by you which are copies of or derivative works of Edge Squared’s confidential information from which the substance of Edge Squared’s confidential information can be inferred or otherwise understood.

10.2 During the course of delivery of the Service or Support it may be necessary for Edge Squared to disclose Confidential Information to you. You may use such Confidential Information only for the purposes for which it was provided, and may disclose it only to Authorised Users who are under equivalent confidentiality obligations to Edge Squared.

10.3 The Customer must not disclose Confidential Information to any third party without the prior specific written consent of Edge Squared.

10.4 The Customer must protect and treat all Confidential Information with the highest degree of care.

10.5 Except as otherwise expressly provided in this Terms and Conditions, the Customer will not use or make any copies of Confidential Information, in whole or in part, without the prior written authorization of Edge Squared.

10.6 The Customer may disclose Confidential Information if required by applicable laws or an order of a court of competent jurisdiction, provided that the Customer provides Edge Squared with prior notice, discloses only the minimum Confidential Information required to be disclosed, and cooperates with Edge Squared in taking appropriate protective measures.

10.7 Confidential Information does not include factual data provided by the Customer, or information which the Customer can clearly establish by written evidence is:

(a) already lawfully known to or independently developed by the Customer without access to the Confidential Information;

(b) disclosed in non-confidential published materials;

(c) generally known to the public; or

(d) rightfully obtained from any third party without any obligation of confidentiality.

10.8 These obligations shall continue to survive indefinitely following the termination of this Terms and Conditions with respect to Confidential Information.

  1. Intellectual Property Rights

11.1 The Website and Service’s code, structure and organisation are protected by intellectual property rights.

11.2 Edge Squared is the owner or the licensee of all Intellectual Property Rights in our Website and the Service, and in its content and the material published on it (including the Reports). Those works are protected by applicable laws and treaties around the world. All such rights are reserved.

11.3 You may only use the Website and all content from the Website for your personal and non-commercial use and in accordance with these Terms and Conditions. The content from the Website includes content in respect of the Service.

11.4 The Subscriber hereby agrees to inform Edge Squared of any suspected breach of Intellectual Property Rights belonging to Edge Squared.

11.5 You are not permitted to use our trademarks without our prior written approval, unless they are part of material you are using (and reproducing exactly) as permitted under paragraph 9 above.

  1. Privacy

12.1 Our Privacy Policy can be reviewed here https://peaktraders.com/privacy and forms part of these Terms and Conditions on which you may access and use our Website or Service.

12.2 You agree that Edge Squared may collect and use technical information and aggregated data which you provide or which is acquired by Edge Squared as part of your use of the Service. The use of technical information collected by Edge Squared will be limited to generating statistics of the use of the Service for market research and to drive improvements in Service Infrastructure.

12.3 We use cookies on our Website. We also use cookies to track the way our Customers prefer to view our Website. By accepting these Terms and Conditions you also give consent to our use of cookies for this purpose. More information about cookies is contained in our Privacy Policy.

12.4 If you provide us your personal data, we will process that personal data in accordance with your instructions from time to time and will take appropriate security measures to protect that personal data against unauthorised and unlawful processing and against accidental loss, destruction or damage.

12.5 We may be asked to provide details of users of our Service for publicity material about us. Unless you advise to the contrary, we will assume that we can refer to the fact that we provide the Service to you, and may describe in general terms the nature of such Service.

12.6 Except where specific safeguards are appropriate or otherwise agreed in writing, information and documents arising as part of the Service may be shared among us and, in particular, such information and documents in electronic form may be accessible by all our employees and personnel.

  1. Viruses

13.1 We do not guarantee that our Website will be secure or free from bugs or viruses.

13.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

13.3 You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful.

13.4 You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.

13.5 You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

13.6 If we believe you have breached the provisions of this paragraph 13, your right to use our Website and the Service will cease immediately, and we may disable, delete, suspend or cancel your Account on the Website at any time. We may report any breach to relevant law enforcement authorities, and will do so if required to do so under applicable laws.

  1. Risks

14.1 We wish to point out to you some specific risks below that may result from trading with financial instruments (noting that such risks may not relate directly or indirectly to the Service).

14.2 Risks associated with the stock market: All opinions, news, investigations, analyses, prices or other information or statements offered by Edge Squared are provided in the form of general remarks and comments. They do not constitute investment advice. To the extent permitted by the applicable law, Edge Squared assumes no liability for loss or damage, including, but not limited to, lost profits that may result directly or indirectly from the use or reliance on the abovementioned opinions, news, investigations, analyses, prices or other information offered by the company.

14.3 Financial risk: All the investment forms described in our Service and Reports involve large financial risk. The past performance of a security, an industry, a sector, a market, a financial product, a trading strategy or the individual trade does not guarantee any future results or returns. As an investor, you yourself bear the full responsibility for your individual investment decisions. Such decisions should be based on an assessment of your financial situation, your investment objectives, your risk tolerance and your liquidity needs and should be discussed in advance with your personal financial advisor in case of doubt.

14.4 Risks associated with futures trading: Futures transactions involve high risk. The amount of the initial margin is low compared to the value of the futures contract, so that transactions are “leveraged” or “geared”. A relatively small market movement has a proportionately larger impact on the funds that you have deposited or have to pay: this can work both for you and against you. You may experience the total loss of the initial margin funds as well as any additional funds deposited in the system. If the market develops in a way that is contrary to your position or if margins are increased, you may be asked to pay significant additional funds at short notice to maintain your position. In this case it may also happen that your broker account is in the red and you thus have to make payments beyond the initial investment.

14.5 Risks associated with forex trading: Trading in foreign exchange (“Forex”) on margins entails high risk and is not suitable for all investors. Past performance is not an indication of future results. In this case, as well, the high degree of leverage can act both against you and for you. Before you decide to invest in foreign exchange, you should carefully assess your investment objectives, experience, financial possibilities and willingness to take risks. There is a possibility that you will lose your initial investment partially or completely. Therefore, you should not invest any funds that you cannot afford to completely lose in a worst-case scenario. You should also be aware of all the risks associated with foreign exchange trading and contact an independent financial advisor in case of doubt.

14.6 Leverage risk: Leverage enables traders, using a relatively small amount of money, to take a position that is many times the initial investment. This leverage effect can work both in your favour and to your detriment. The Forex market opens up the possibility to utilize this leverage effect to a high degree; at the same time, however, it also opens up the risk of experiencing high losses. Please trade with caution when you use leverage in trading or investing. Your risk is particularly not limited to the initial investment, but can quickly fall into a negative range in the event of strong movements, meaning you may be obligated to pay far more than your initial wager.

14.7 Risks associated with options trading: Trading in options involves considerable risk and is not a suitable form of investment for all investors. The risk in options trading that you will lose your entire investment within a relatively short period of time is comparatively high. It is possible that the loss and the resulting payment obligation will be higher than the funds invested through your securities account. Therefore, please be sure to check in advance on your trading broker’s terms and conditions of those of the custodian bank. Before you decide to invest in the options market, you should carefully consider your investment objectives, experience, financial resources and willingness to take risks. There is a possibility that you will experience a significant loss that can quickly exceed your initial investment. Past performance gives no indication of future results.

  1. Disclaimer

15.1 Our Disclaimer can be reviewed here https://peaktraders.com/risk and forms part of these Terms and Conditions on which you may access and use our Website or Service.

15.2 To the extent permitted by the applicable law, any and all liability for risks resulting from investment transactions or other asset dispositions carried out by the Customer based on information received or a market analysis is expressly excluded by Edge Squared. To the extent permitted by the applicable law, Edge Squared is not held responsible for possible losses or other damage arising from use of the Website or Service.

15.3 All the information made available through our Service or the Website is generally provided to serve as an example only, without obligation and without specific recommendations for action. It does not constitute and cannot replace investment advice. We, therefore, recommend that you contact your personal financial advisor before carrying out specific transactions and investments.

15.4 In view of the potential high level of risks, you should only carry out specific transactions and investments if you understand the nature of the contracts (and contractual relationships) you are entering into and if you are able to fully assess the extent of your risk potential. Trading with futures, options, forex, CFDs, stocks, cryptocurrencies and similar financial instruments (noting the Service provided by Edge Squared do not necessarily relate to all such products) is not suitable for many people. You should carefully consider whether trading is appropriate for you based on your experience, your objectives, your financial situation and other relevant circumstances.

15.5 Information and Opinions: Information on this Website is provided solely for informational or general educational purposes and should not be construed as an offer to sell or the solicitation of an offer to buy securities or to provide investment advice. The opinions and analyses included as part of our Service or in our Reports are based on sources believed to be reliable, but to the extent permitted by the applicable law no representation or warranty, express or implied, is made as to their accuracy, completeness, timeliness, or correctness. All information contained in our Service or Reports should be verified independently.

15.6 Results: Past performance is not necessarily indicative of future results. Investment information may not be appropriate for all investors.

15.7 Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that you will or likely will to achieve profits or losses similar to those shown. There are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program.

15.8 One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

15.9 In view of the above risks, there can be no guarantee or promise given for the success or profitability of investments made. By using this Website, you expressly acknowledge and agree that Edge Squared cannot be held liable for any and all damage resulting from investments made.

15.10 None of the information made available by Edge Squared constitutes an invitation to trade in financial instruments or securities of any kind.

15.11 We wish to point out that trading in stocks, currencies, CFDs (Contracts for Difference), Forex, spread betting, futures and cryptocurrencies, etc. (“Trading”) involves a significant risk of loss and is not suitable for all investors; in particular, past developments do not necessarily indicate future results. Please note that the risk of loss in trading can be substantial. You should, therefore, find out the details of your financial situation and, if necessary, consult professional help to assess whether your personal and financial situation allows trading and whether you are in a position to take the high risk of loss. If a broker, a commercial adviser or you yourself create contingent orders, such as a “stop loss” or “stop limit” order, such will not necessarily limit your losses to the intended amounts; market conditions may make such limits impossible.

15.12 Furthermore, we would like to draw attention to the “leverage” effect of trading, which can work both for you and against you. Exploiting such leverage effects can lead to large losses in trading on the one hand and to high profits on the other.

15.13 The trading and developments shown in any tutorial are based solely on simulated and hypothetical transactions, which naturally limits the possibilities of their visualization. Unlike the result shown in a real current account, these results do not constitute real trade. As the transactions depicted in the tutorial have not actually been carried out, the results may be over- or undercompensated in terms of certain market factors, such as a lack of liquidity. Furthermore, the videos are designed from a retrospective point of view and serve solely to provide introduction and orientation. Consequently, it is not possible to specify whether a development will repeat in the future, in the same or a similar way.

15.14 Please also note that trading has a certain addictive potential. If you find yourself at risk, please seek professional help.

15.15 We recommend you take professional advice about all the risks and possibilities of trading. Before you make an investment decision, please contact your financial adviser.

15.16 The testimonials shown on this Website explicitly refer to the individual experiences of individual users. Conclusions about other or future situations cannot be drawn from such testimonials. Such testimonials may also represent exceptional cases.

  1. Liability

16.1 Subject to paragraph 16.13, we disclaim all liability to the maximum extent permitted by law, and we assume no responsibility, for losses to you or any other person arising from:

(a) third party content or user content;

(b) our content, and in particular from the accuracy, completeness or current status of our content;

(c) reliance on information contained or functionality provided on, or through, these Terms and Conditions or our Website;

(d) inability to gain access to the Website or any part of it, or access is interrupted or partial, or functions with errors, at any time; and

(e) any failure by us to perform, or delay in performing, any obligations, whether or not we give prior notice, if and to the extent that the failure or delay is caused by any circumstance beyond our reasonable control, and includes telecommunications failure, power supply failure, terrorism, fuel strikes, severe weather, computer breakdown, failure of suppliers to meet delivery requirements, industrial disputes and the absence of personnel due to illness or injury, and the time for performance of any obligation, the performance of which is so affected, will be extended accordingly.

16.2 We will not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with these Terms and Conditions for any loss of profits, loss of business opportunity, loss of goodwill, loss of anticipated savings or benefits, or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or the relevant party was aware of the possibility of that loss or damage arising.

16.3 Our liability arising directly or indirectly under these Terms and Conditions, or that is not otherwise expressly excluded under these Terms and Conditions, will be limited to and capped at the higher of US$ 400 or the value of any fees paid by you to us in the 12 months immediately prior to the claim. The amount of this limitation of liability will be reduced by the amount of any unpaid fees.

16.4 Any claim by either party for breach of contract, tort (including neAgligence), breach of statutory duty or otherwise arising out of or in connection with these Terms and Conditions must be brought within one year of the act or omission alleged to have caused the loss or cost.

16.5 Except to the extent that claims cannot be excluded or restricted by law, no claims arising out of or in connection with these Terms and Conditions may be brought by you personally against any of our employees, officers, consultants or other representatives involved in the performance of the relevant obligations.

16.6 All representations or warranties, whether contractual or non-contractual, and all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise (including implied undertakings of satisfactory quality, conformity with description and reasonable fitness for purpose) are excluded to the maximum extent permitted by law.

16.7 Only one claim may be brought against us (including our employees, officers or consultants) arising from one act or omission. One act or omission includes one series of related acts or omissions, the same act or omission in a series of related matters or similar acts or omissions in a series of related matters, and includes all claims arising from any one matter.

16.8 The limitations in this paragraph 16 apply to our aggregate liability to you, any group company to which you belong, and all individuals nominated by a corporate user together (including any other third parties to whom we are held liable, with or without our consent) in relation to any one claim, and you and any such other persons may together recover from us only once in relation to the same loss.

16.9 Where a limitation of liability applies in whatever amount, the limitation applies to the entire performance of services by us, and there will not be separate aggregate limits of liability applicable to you, any group company to which you belong, and all individuals nominated by a corporate user.

16.10 If we have joint and several liability to you with another party we will only be liable to pay you the proportion which is found to be fairly and reasonably due to our fault. We will not be liable to pay you the proportion which is due to the fault of another party for which such other party would otherwise be liable.

16.11 Any liability due from us to you will be reduced by the proportion for which another party would have been found to be liable if either:

(a) you had also brought proceedings or made a claim against that other party; or

(b) we had brought proceedings or made a claim against that other party under the Civil Liability (Contribution) Ordinance (Cap. 377) or similar law under any other relevant jurisdiction.

16.12 In considering whether other parties may be liable to you, no account is to be taken of any inability on your part to enforce remedies against another party by reason of causes of action against that party becoming time-barred, or the party’s lack of means or the party’s reliance on exclusions or limitations of liability or that the other party has ceased to exist.

16.13 The exclusions and limitations of liability in these Terms and Conditions do not affect our liability:

(a) for death or personal injury arising from our negligence;

(b) for fraud or reckless disregard of professional obligations;

(c) for any other liabilities which cannot be excluded or limited in the jurisdiction to which any relevant claim is subject, including restrictions on our right to limit our liability in Hong Kong; and

(d) in any other case, to limit our liability to less than such minimum amount as may be required in the circumstances under any other law or regulation relevant to the claim, in which case such minimum amount will be deemed substituted for the amount that would otherwise apply.

16.14 These provisions are exhaustive of the remedies of monetary damages for each party or any third party against either party arising out of or in connection with these Terms and Conditions.

  1. Indemnity

17.1 You will on demand fully indemnify, and keep fully indemnified, the Indemnified Parties from and against all claims, costs and losses of any nature whatsoever that the Indemnified Parties may suffer or incur arising out of or in connection with:

(a) any material breach of the provisions of these Terms and Conditions by you;

(b) any infringement or alleged infringement by you of any third party’s intellectual property rights;

(c) any fraud, negligence, misconduct or reckless carelessness in or about your obligations under these Terms and Conditions; and

(d) your use of our Website or Service.

17.2 We will be entitled to recover from you all out-of-pocket expenses we reasonably incur in connection with an indemnified claim, and all such expenses will be payable on demand.

  1. Variations

18.1 We may amend these Terms and Conditions from time to time. We will give you prior notice of major changes that we believe may adversely affect you. We will inform you of any changes to these Terms and Conditions. The Terms and Conditions in force from time to time will apply to your use of our Website, and any services provided via our Website.

18.2 If you do not agree to any revised Terms and Conditions, you must stop using our Website and Service.

18.3 If you have given your express agreement and consent to these Terms and Conditions, we will ask for your express agreement and consent to any revisions of these Terms and Conditions before your first use of the Service after the revision comes into effect. If you do not give your express agreement and consent to the revised Terms and Conditions within such period as we specify, we will disable, delete, suspend or cancel your Account on the Website, and you must stop using the Website and Service.

  1. Your breach

19.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our Website;

(c) cease to perform any Service;

(d) refuse to receive any payment from you;

(e) permanently prohibit you from accessing our Website;

(f) block computers using your IP address from accessing our Website;

(g) contact any or all your internet service providers and request that they block your access to our Website;

(h) suspend or delete your Account on our Website; or

(i) commence legal action against you, whether for breach of contract or otherwise.

19.2 If we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent that suspension or prohibition or blocking (including creating or using a different Account).

  1. Termination and suspension

20.1 Before your Subscription Term is about to expire, you will receive an email reminder with the option to not renew your subscription to the Services. If you choose the option to not renew your subscription, you will not be charged further.

20.2 You can stop using the Service, cancel your subscription or delete your Account with us by sending an email at any time to [email protected]. Upon deletion of an Account, all specific account information will be deleted. However, domain names and a log-register attributable to each deleted Account will be kept for archival and administrative purposes. Edge Squared may also use unidentifiable, aggregated information originating from deleted accounts in its general business operations.

20.3 Edge Squared may suspend the provision of the Service or terminate your Account at any time, with or without cause, and with or without notice.

20.4 Without prejudice to paragraph 20.2, Edge Squared may suspend or terminate your Account if you are in breach of these Terms and Conditions, or if your use of the Service would cause or risk causing legal liabilities of any kind, or otherwise disrupt others use of the Service.

20.5 If Edge Squared suspends or terminates the Service or your Account, Edge Squared will try to notify you in advance. Nonetheless, Edge Squared may, at its discretion, suspend or terminate your Account, or the provision of the Service, immediately without prior notice.

20.6 We do not guarantee that our Website, or our Services, will always be available or be uninterrupted. We may stop, suspend or withdraw or restrict the availability of all or any part of our Website for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You will not be entitled to any compensation or other payment upon the discontinuance, suspension, withdrawal or alteration of the Website or the Service.

  1. Effect of termination

21.1 Upon termination of these Terms and Conditions:

(a) the licence contained in paragraph 6 will immediately cease and all your rights to use the Service will cease;

(b) any requirement of Edge Squared to provide Support will immediately cease;

(c) all outstanding Service Fees will become immediately due and payable by you to us;

(d) no advance Service Fees will be refunded;

(e) you will immediately return or (at Edge Squared’s direction) destroy all Confidential Information in your possession or power.

21.2 The Service may contain disabling code that will make the Service unusable upon expiry of the Subscription Term, or suspension or termination of your Account, or termination of these Terms and Conditions.

21.3 You shall not, in any circumstances whatsoever, have any claim against us for compensation for loss of rights, loss of goodwill or any other loss whatsoever on termination of your Account or these Terms and Conditions for any cause whatsoever.

21.4 The termination of these Terms and Conditions is without prejudice to any other rights which have already accrued to Edge Squared and will not operate to affect such provisions of these Terms and Conditions as in accordance with their terms are expressed to operate or to have effect thereafter. Paragraphs 10 (Confidentiality), 11 (Intellectual Property Rights), 16 (Liability) and 17 (Indemnity) will survive expiration or termination of these Terms and Conditions or the Subscription term.

  1. General provisions

22.1 You may not assign any of your rights under these Terms and Conditions.

22.2 The rights, powers and remedies provided in these Terms and Conditions are (except as expressly provided) cumulative and not exclusive of any rights, powers and remedies provided by law, or otherwise.

22.3 We subcontract the hosting of the Website to a third party.

22.4 If the validity or enforceability of any provision of these Terms and Conditions is in any way limited by any applicable law, that provision will be valid and enforceable to the fullest extent permitted by such law. The invalidity or unenforceability of any such provision does not affect the validity or enforceability of any other provision.

22.5 The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms and Conditions or by law does not constitute a waiver of that right, power or remedy. If we waive a breach of any provision of these Terms and Conditions, this does not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

22.6 The exercise of the parties’ rights under these Terms and Conditions is not subject to the consent of any third party.

22.7 These Terms and Conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

  1. Governing law

23.1 These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by and construed in accordance with the laws of Hong Kong.

23.2 Any dispute, controversy, difference or claim (including non-contractual disputes or claims) arising out of or relating to these Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law). The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

24. External Platform

Insofar as products are offered via an external platform (i.e. Gumroad) the sale takes place via this external platform and to the contractual conditions specified therein. In this case, the Provider is not a contractual partner to the Client and insofar assumes no liability and warranty.

25. Notification of right of withdrawal

You have the right to withdraw from this agreement within fourteen days without stating any reasons.

The withdrawal period is fourteen days from the date on which you or a third party named by you, completed the purchase.

In order to exercise your right of withdrawal you must inform us via email at [email protected] of your decision to withdraw from your purchase by means of a clear statement.

Consequences of the withdrawal

If you withdraw from this agreement, we are obliged to reimburse all payments which we have received from you, including delivery costs (excluding any additional costs resulting from your opting for a type of delivery other than the cheaper standard delivery offered), immediately. For this repayment we will use the same method of payment which you used for the original transaction, unless something different is explicitly agreed with you; in no case will you incur any fees as a result of this repayment.

With the withdrawal, we will also revoke access to the tools/indicators/digital products that you have purchased.

You are responsible for the direct costs of the return of the goods.

26. Insofar as products are offered via an external platform (i.e. Gumroad, Kajabi, Whop.com) the sale takes place via this external platform and to the contractual conditions specified therein. In this case, the Provider is not a contractual partner to the Client and insofar assumes no liability and warranty.

Please email [email protected] if you have any questions or concerns about these Terms and Conditions or our Website.