Terms and Conditions

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires:

Agreement to Terms

2.1 Acceptance of Terms

Your use of our services constitutes acceptance of these Terms. If you do not agree to these Terms, you must not use our platform or services.

2.2 Electronic Signature

By clicking "I Agree", "Accept", creating an account, or using our services, you agree that:

• You are entering into a legally binding contract
• Your electronic acceptance has the same legal effect as a handwritten signature
• You have the authority to enter into this Agreement
• You will comply with all terms and conditions herein

2.3 Additional Agreements

These Terms incorporate by reference:

• Our Privacy Policy
• Risk Disclosure Statement
• Order Execution Policy
• Conflicts of Interest Policy
• Complaints Handling Procedure
• Any other policies referenced herein

Eligibility Requirements

3.1 Age and Legal Capacity

To use our services, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction)
• Have full legal capacity to enter into binding contracts
• Not be prohibited from using our services under any applicable law
• Be acting on your own behalf (unless properly authorized)

3.2 Restricted Jurisdictions

Our services are not available to residents or citizens of the following jurisdictions:

• United States of America and its territories
• Countries subject to international sanctions (Iran, North Korea, Syria, Cuba)
• Jurisdictions where our services would be illegal or unlicensed
• Any jurisdiction designated by us as restricted

3.3 Professional Classification

We may classify you as:

• Retail Client: Receives the highest level of regulatory protection
• Professional / Premium tier: Extended feature access on paid plans (no brokerage services)
• Eligible Counterparty: Minimal protections, institutional treatment

You may request reclassification subject to meeting applicable criteria and our approval.

Account Registration and Verification

4.1 Registration Process

To open an account, you must:

• Complete our online application form accurately and truthfully
• Provide valid identification documents
• Undergo Know Your Customer (KYC) verification
• Complete Anti-Money Laundering (AML) checks
• Provide proof of address
• Agree to these Terms and all policies

4.2 Required Documentation

You must provide:

4.3 Account Approval

We reserve the right to:

• Approve or reject any account application
• Request additional information or documentation
• Conduct enhanced due diligence for high-risk clients
• Refuse service without providing reasons
• Limit account features based on verification status

4.4 Plan Tiers

Platform access is offered by subscription tier:

• Basic: Free access to core tools (with limits)
• Pro: Full scanner, sentiment, COT, and priority support
• Premium: Advanced analytics, EA marketplace features, highest support tier

These are software plans only — not brokerage or trading accounts.

Account Security and Responsibilities

5.1 Login Credentials

You are responsible for:

• Maintaining the confidentiality of your username and password
• Using strong, unique passwords
• Enabling two-factor authentication (2FA)
• Not sharing your credentials with any third party
• Immediately notifying us of any unauthorized access
• Logging out after each session on shared devices

5.2 Account Activity Monitoring

You agree to:

• Regularly review your account statements and transaction history
• Promptly report any unauthorized transactions or errors
• Verify all confirmations and statements for accuracy
• Contact us within 48 hours of discovering any discrepancy

5.3 Information Accuracy

You must:

• Provide accurate and current information at all times
• Update your personal information within 30 days of any change
• Notify us of changes to your financial situation
• Inform us of changes in jurisdiction or tax residency

Services and Platform Features

6.1 Market Data & Research

We provide informational dashboards and data views, including but not limited to:

• Top setups / multi-factor bias scores for major currencies and assets
• COT data, seasonality, macro scores, and retail sentiment
• Central bank monitor, economic news, and market scanners
• Put/call ratio, currency strength, and related analytics

6.2 Platform Access

We provide:

• Web-based dashboards and tools
• Account settings, notifications, and optional email alerts
• Community groups and educational resources
• EA Store marketplace (third-party digital products from approved sellers)

6.3 Additional Services

Subject to eligibility and plan tier, we may offer:

• Expert Advisor listings, reviews, and seller tools
• Promotional ads and seller dashboards
• Priority support on paid plans

6.4 Service Modifications

We reserve the right to modify, suspend, or discontinue any feature, data feed, or plan benefit with reasonable notice where practicable.

Platform Use and Insights

7.1 Informational Purpose

All scores, signals, dashboards, and content are for research and education only. They are not investment advice, a recommendation to buy or sell, or a guarantee of future performance.

7.2 No Leverage or Brokerage

We do not offer:

• Leverage, margin, or CFD/fx execution
• Client fund custody, trading accounts, or order routing
• Guaranteed fills, spreads, or execution quality

7.3 Your Responsibility

You are solely responsible for decisions made using external brokers or platforms. Verify all data independently before acting on it.

7.4 Data and Display

We aggregate and score data from multiple sources. Displayed values may differ from official or real-time feeds. Timestamps and refresh intervals are shown where available.

Subscription Fees and Charges

8.1 Subscription Plans

Access to premium features is offered through subscription tiers (e.g. Basic, Pro, Premium) as shown on our website. Fees are billed monthly or as otherwise stated at checkout.

8.2 Marketplace and Add-Ons

Separate charges may apply for:

• EA Store purchases from third-party sellers
• Paid community group memberships (paid to group owners via the Platform)
• Promotional ad credits and optional verification services

8.3 Fee Changes

We may change subscription prices with reasonable notice. Continued use after the effective date constitutes acceptance of updated pricing.

Subscriptions and Payments

9.1 Subscription Billing

When you upgrade from a free trial or Basic plan:

• Payment is processed through our designated payment provider
• Subscriptions renew automatically unless cancelled before the renewal date
• Downgrades typically take effect at the end of the current billing period

9.2 EA Store and Seller Payouts

Marketplace purchases are for digital products only. Seller earnings and group-owner earnings may be tracked in your in-app wallet for payout according to seller terms. We are not a bank and do not hold trading capital.

9.3 Refunds

Refund eligibility depends on the product (subscription vs. digital download) and is described at purchase. Contact support@indohmarketdata.co.za for billing questions.

9.4 Failed Payments

If a subscription payment fails, we may suspend premium access until payment is resolved.

Prohibited Activities and Conduct

10.1 Misuse of Insights

You may not:

• Repackage or resell Platform data without authorization
• Scrape, bulk-download, or reverse engineer dashboards or APIs
• Present Indoh Market Data scores as guaranteed trading advice to third parties
• Use automated tools to overload our systems

10.2 Account Violations

Prohibited account activities:

• Creating multiple accounts without authorization
• Using false or misleading information during registration
• Sharing account access with third parties
• Allowing unauthorized third parties to access your account
• Transferring accounts to other individuals
• Using accounts for money laundering or illegal activities

10.3 Platform Abuse

You may not:

• Attempt to reverse engineer or decompile our software
• Use automated tools to scrape data from our platform
• Overload our systems with excessive API requests
• Introduce viruses, malware, or harmful code
• Attempt unauthorized access to any system or data
• Interfere with other users' access to the platform

10.4 Consequences

Violation of these terms may result in:

• Immediate account suspension or termination
• Forfeiture of all profits and bonuses
• Withholding of marketplace payouts pending investigation
• Reporting to regulatory authorities
• Legal action to recover damages
• Permanent ban from our services

Risk Disclosure and Warnings

11.1 Acknowledgment of Risks

By using our services, you acknowledge and accept:

• Indoh Market Data does not execute trades or provide personalized investment advice
• Data and scores may be delayed, incomplete, or revised
• Past performance does not guarantee future results
• Market conditions can change rapidly and unpredictably
• You are solely responsible for decisions made with your own broker or advisor

11.2 No Guarantee

We make no representations or warranties regarding:

• Future profitability or performance of any strategy you pursue elsewhere
• Accuracy or completeness of market data or analysis
• Suitability of any insight for your personal situation
• Platform availability or functionality at all times

Limitation of Liability and Disclaimers

12.1 Exclusion of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness
• Uninterrupted or error-free operation

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Any trading losses or lost profits
• Loss of opportunity or business
• Indirect, consequential, or special damages
• Damages arising from platform downtime or technical issues
• Losses due to market conditions or volatility
• Errors in data, quotes, or execution
• Third-party service failures

12.3 Maximum Liability

Our total liability to you for any claim shall not exceed:

• The fees you paid to us in the 12 months preceding the claim, or
• $10,000, whichever is lower

12.4 Force Majeure

We are not liable for failure to perform due to:

• Acts of God, natural disasters
• War, terrorism, civil unrest
• Government actions or regulatory changes
• Strikes, labor disputes
• Internet or telecommunications failures
• Power outages or technical failures beyond our control
• Market closures or suspensions

Intellectual Property Rights

13.1 Our Property

All content on our platform, including but not limited to:

• Software code and algorithms
• Trademarks, logos, and branding
• Text, graphics, and images
• Market analysis and research
• User interface design
• Database structures and data

...is owned by us or our licensors and protected by intellectual property laws.

13.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our platform for personal research and education
• Download and use our mobile applications
• View and download content for personal reference

13.3 Restrictions

You may not:

• Copy, modify, or distribute our software
• Reverse engineer or decompile our code
• Remove copyright or proprietary notices
• Use our trademarks without written permission
• Create derivative works based on our platform
• License, sell, or transfer your access rights

Data Protection and Privacy

14.1 Data Collection

We collect and process your personal data as described in our Privacy Policy, including:

• Identity and contact information
• Subscription and billing records
• Feature usage and preferences
• Device and usage information
• Communications with us

14.2 Data Use

We use your data to:

• Provide and improve our services
• Comply with legal and regulatory obligations
• Prevent fraud and ensure security
• Communicate with you about your account
• Personalize your experience

14.3 Your Rights

Subject to applicable law, you have the right to:

• Access your personal data
• Correct inaccurate information
• Request deletion of your data
• Object to certain data processing
• Data portability

For complete information, please refer to our Privacy Policy.

Termination and Account Closure

15.1 Your Right to Terminate

You may close your account at any time by:

• Submitting a closure request through your account dashboard
• Contacting our customer support
• Sending written notice to our registered address

Before closure, you must:

• Close all open positions
• Cancel all pending orders
• Export any data we provide while your account remains active
• Settle any outstanding fees or charges

15.2 Our Right to Terminate

We may suspend or terminate your account immediately if:

• You violate these Terms
• You engage in prohibited activities
• Your account is inactive for more than 12 months
• We are required to do so by law or regulation
• We suspect fraud or illegal activity
• You become ineligible to use our services
• We discontinue services in your jurisdiction

15.3 Effects of Termination

Upon termination:

• Your access to the platform will be revoked
• All open positions will be closed at market prices
• Your data will be retained as required by law
• You remain liable for any outstanding obligations
• Sections that should survive termination will remain in effect

Dispute Resolution and Complaints

16.1 Complaints Procedure

If you have a complaint:

• Step 1: Contact our customer support at support@indohmarketdata.co.za
• Step 2: If unresolved, escalate to support@indohmarketdata.co.za
• Step 3: We will acknowledge your complaint within 2 business days
• Step 4: We will investigate and respond within 15 business days
• Step 5: If still unresolved, you may escalate to our ombudsman or regulator

16.2 Alternative Dispute Resolution

If we cannot resolve your complaint internally, you may refer it to an appropriate dispute resolution body in South Africa, including:

• South Africa: National Consumer Commission (NCC) or relevant industry ombud where applicable
• Cross-border users: Your local consumer protection authority, where applicable law allows

16.3 Arbitration

For disputes not resolved through the above processes:

• Disputes will be resolved through binding arbitration where permitted by law
• Arbitration will be conducted in English
• Arbitration will take place in Johannesburg, Gauteng, South Africa, unless otherwise required by law
• Each party bears its own costs unless otherwise decided

16.4 Class Action Waiver

You agree that:

• Claims must be brought individually, not as part of a class action
• You waive the right to participate in class action lawsuits
• This waiver does not apply where prohibited by law

Amendments and Updates

17.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of this document
• We will notify you via email for material changes
• We will display a notice on our platform
• Changes become effective 30 days after notification (unless otherwise specified)

17.2 Your Acceptance

Continued use of our services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes:

• You must stop using our services
• You may close your account in accordance with Section 15
• The previous Terms will govern any disputes arising before the change

17.3 Version History

Previous versions of these Terms are available upon request. Contact legal@indohmarketdata.co.za to obtain earlier versions.

General Provisions

18.1 Governing Law

These Terms are governed by the laws of the Republic of South Africa. You consent to the exclusive jurisdiction of the courts of South Africa, unless mandatory consumer protection law in your country requires otherwise.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable:

• That provision will be enforced to the maximum extent possible
• The remaining provisions will remain in full force and effect
• The invalid provision will be replaced with a valid provision that achieves the same purpose

18.3 Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and us regarding our services.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms. We may assign our rights and obligations to any affiliate or successor entity.

18.5 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or our right to enforce it in the future.

18.6 Language

These Terms are provided in English. Translations may be provided for convenience, but the English version prevails in case of conflict.

18.7 Notices

All notices to you will be sent to your registered email address. Notices to us should be sent to legal@indohmarketdata.co.za or our registered address.

18.8 Third-Party Rights

These Terms do not confer any rights on third parties (except our affiliates and service providers where specified).