BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING OUR SITE AND/OR QUANTUMX TRADER SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE SITE, THE BOT OR ANY INFORMATION CONTAINED ON THE SITE.

This Agreement sets forth the terms for your use of the Services and is effective as of the date you accept or otherwise agree to the terms of this Agreement (“Effective Date”). This Agreement is between QuantumX Trader LLC, QuantumX Trader web site https://quantumxtrader.com (the “Site”), trading bot (the “Bot“), trading algorithm (the Algorithm), QuantumX Trader affiliated entities (collectively QuantumX Trader LLC or “we”) and you or the organization on whose behalf you are accepting or otherwise agreeing to the terms of this Agreement (“you”,”your”, “yours”, or “Customer”).

THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS SET FORTH, AND SUBJECT TO, SECTION 7. IN ADDITION, PLEASE BE ADVISED THAT QUANTUMX TRADER DOES NOT PROVIDE WARRANTIES FOR THE SITE AND/OR CONTENT AND THESE TERMS LIMIT OUR LIABILITY TO YOU.

QuantumX Trader reserves the right to modify this Agreement at any time for any reason. If we make changes, we will notify you by revising the date at the top of this Agreement and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). It is your responsibility to regularly visit and review this Agreement. If you do not agree to any updates or modifications to this Agreement, simply do not use or access the Site, the Bot (or any part thereof).

YOUR CONTINUED USE OF THE WEBSITE, THE BOT OR THE SERVICES AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THE AGREEMENT PERIODICALLY FOR UPDATES. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD NOT ACCESS OR OTHERWISE USE OUR WEBSITE OR SERVICES.

You must be at least eighteen (18) years of age to access the Site and use the Services provided by QuantumX Trader. By agreeing to this Agreement, you represent and warrant to QuantumX Trader: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or prohibited from accessing the Site; and (iii) that your registration and your use of the Site and the Services provided by QuantumX Trader is in compliance with any and all applicable laws and regulations. If you are accessing the Site or using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this Agreement and you agree on behalf of such organization that it shall be bound by this Agreement.

QuantumX Trader reserves the right, in its sole discretion, to terminate and/or suspend your access to the Site or/and any Services or any portion thereof at any time, for any reason, without notice. QuantumX Trader also reserves the right to modify or discontinue any Services at any time (including by limiting or discontinuing certain features) without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. You may terminate this Agreement at any time by ceasing use of the Site and/or any Services provided by QuantumX Trader. Upon any termination of the Agreement, you must immediately cease all access to the Site and the use of any Services, and destroy all copies, full or partial, of the Application and the Bot.

You will indemnify, defend and hold QuantumX Trader, its affiliated entities and their respective members, managers, officers, directors, employees, agents, contractors, attorneys, representatives, successors and assigns (each, an “Indemnified Party” and collectively, the “Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs, liabilities or expenses including, without limitation, attorneys’ and experts’ fees and costs incurred in connection with any judicial or non-judicial third-party claim, demand or action (each, a “Claim”): (a) arising out of or allegedly arising out of (i) your use of the Site (ii) your breach of this Agreement, (iii) material submitted to QuantumX Trader for use in providing the Services, including, but not limited to, any claim that the use of your material infringes upon or violates any Intellectual Property Right of any third party or is inaccurate or misleading in any respect, (iv) your negligence or willful misconduct, or (v) your violation of or failure to comply with any applicable law, regulation or government agency guideline, including without limitation any federal or state privacy or consumer protection laws, demanding compensation or benefits, or pursuing any employment-related Claim, by any of your employees or contractors. QuantumX Trader may, but shall not be obligated to, participate in the defense of any Claim. You will not settle any Claim against an Indemnified Party without QuantumX Trader’s prior written consent. In the event of a Claim against an Indemnified Party, QuantumX Trader may terminate this Agreement, any registration, account or Subscription without any liability of any kind or nature whatsoever. In no event shall the total liability of QuantumX Trader to you for all damages, losses, and causes of action arising from this Agreement exceed one thousand dollars ($1000.00). We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms and your use of the Services.

QuantumX Trader does not provide investment advice, financial advice, or any other professional advice. The trading algorithm is not a recommendation to buy, sell, or hold any financial instrument or security. The use of the trading algorithm is entirely at your own risk. QuantumX Trader makes no guarantees, representations, or warranties regarding the accuracy, reliability, or completeness of the information provided by the algorithm. The results of using the algorithm may vary and may not meet your expectations. Past performance is not indicative of future results. QuantumX Trader does not guarantee any specific outcome or profit from using the trading algorithm. Market conditions are unpredictable and can cause significant variations in trading result.

You are solely responsible for your trading decisions. QuantumX Trader recommends that you seek the advice of a qualified financial advisor before making any investment or trading decisions.

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSSES OR DAMAGES ARISING FROM TRADING ACTIVITIES OR RELIANCE ON THE INFORMATION PROVIDED BY THE TRADING ALGORITHM. THIS INCLUDES, BUT IS NOT LIMITED TO, FINANCIAL LOSS, LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE ALGORITHM.

We have put in place reasonable physical, technical, and administrative security measures designed to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed, but no security measures are perfect; the risk of a data breach is possible, by using QuantumX Trader Services, you understand and assume the risks associated with your activities on the internet.

WITHOUT LIMITING THE FOREGOING IN ANY WAY, WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER: (A) REGARDING RESULTS OF USING THE TRADING BOT ALGORITHM AND/OR QUALITY, RELIABILITY OF INFORMATION PROVIDED BY THE ALGOROTHM; (B) REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF OUR SERVICES; (C) THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; OR (D) REGARDING THE QUALITY, QUALIFICATIONS, SUITABILITY, SAFETY, IDENTITY, CREDITWORTHINESS OR EXPERIENCE OF ANY OF THE USERS OF OUR SERVICES OR OTHER THIRD PARTIES. IN ADDITION, BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT, AND HAVE NO DUTY TO, CONDUCT ANY INVESTIGATIONS OR EVALUATIONS RELATING TO ANY OF THE FOREGOING. YOU FULLY AND COMPLETELY ASSUME ALL RISK OF USING THE SERVICES AND ANY CONTENT, MATERIALS OR INFORMATION PROVIDED TO YOU BY US OR ANY OTHER USER OF THE SERVICES.

NEITHER WE NOR ANY OTHER PARTY INVOLVED IN THE CREATION, DISTRIBUTION OR DISPLAY OF THE SERVICES OR ANY OTHER MATERIALS OR INFORMATION PROVIDED TO YOU BY US (COLLECTIVELY, “SUPPLIERS”) IS LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR THAT RESULT FROM: (A) YOUR USE, INABILITY TO ACCESS OR USE OR RELIANCE ON THE SERVICES OR ANY OTHER MATERIALS PROVIDED TO YOU BY US, EVEN IN THE EVENT OF OUR NEGLIGENCE; OR (B) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL SERVICES AND ANY OTHER MATERIALS OR INFORMATION PROVIDED TO YOU BY US ARE DELIVERED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, ABILITY TO MEET YOUR NEEDS OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR ANY OF THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR DAMAGE YOUR HARDWARE OR OTHER PROPERTY AS A RESULT OF YOUR ACCESSING, BROWSING OR USING THE SERVICES, DOWNLOADING INFORMATION OR PRINTING INFORMATION FROM THE SERVICES.

WE RESERVES THE RIGHT TO MODIFY, UPDATE, OR DISCONTINUE THE TRADING ALGORITHM AND/OR ANY PROVIDED SERVICES AT ANY TIME WITHOUT PRIOR NOTICE. QUANTUMX TRADER WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM SUCH MODIFICATIONS OR DISCONTINUATION.

Governing Law. These Terms will be governed by the laws of the State of Florida, United States of America without giving effect to any conflict of laws principles.

Dispute Resolution. You and QuantumX Trader shall use best efforts to resolve any and all Claims and disputes arising under this Agreement, first through good faith negotiations and without initially resorting to litigation or other similar proceedings; provided, however, that either you or QuantumX Trader shall be entitled to: (i) seek injunctive relief in any court of competent jurisdiction to avoid irreparable harm for breach of this Agreement; or (ii) commence litigation in the venue set below to avoid a Claim being barred by an applicable statute of limitations, without first attempting to resolve such Claim or dispute through good faith negotiations or mediation. If you and QuantumX Trader are unable to resolve any Claim or dispute via good faith negotiations, then you and QuantumX Trader shall, prior to commencement of any legal action or suit, participate in non­binding mediation proceedings, with a mediator chosen jointly by you and QuantumX Trader and with the costs of mediation divided equally between you and QuantumX Trader. Should mediation not result in a mutually acceptable agreement and resolution of the Claim, then the claiming party shall be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either at law or in equity, to obtain damages for breach of this Agreement. Notwithstanding the foregoing, neither party shall be prevented from seeking an injunction at any time.

Venue. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and QuantumX Trader agree that any judicial proceeding will be brought in the federal or state courts of Miami-Dade County, Florida, and the parties consent to venue and personal jurisdiction in such courts.

Attorney’s Fees. If any legal action arises under this Agreement or by reason of any asserted breach of it, then the prevailing party in such action shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees, incurred in such action. The amount of attorneys’ fees shall be determined by the court sitting without a jury.

No Class Actions. You may only resolve disputes with QuantumX Trader on an individual basis, and may not bring a Claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under these terms.

Waiver of Jury Trial. You and QuantumX Trader each waives, irrevocably and unconditionally, any and all right to trial by jury in any action brought on, under, or by virtue of, or relating in any way to this Agreement, or any claims, defenses, rights of set-off or other actions pertaining to this Agreement or to any of the foregoing.

Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the QuantumX Trader Services must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.

Entire Agreement. This Agreement, together with the QuantumX Trader Privacy Policy and any other applicable policies and guidelines, constitute the entire agreement between you and QuantumX Trader with respect to the subject matter contained in this Agreement.

Waiver. You agree that if QuantumX Trader does not exercise or enforce any legal right or remedy which is contained in the Terms (or which QuantumX Trader has the benefit of under any applicable law), this will not be taken to be a formal waiver of QuantumX Trader's rights and that those rights or remedies will still be available to QuantumX Trader. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

If you have questions about this Agreement please contact us at support@quantumxtrader.com.