Terms & Conditions

 

This END USER LICENSE AGREEMENT (the “Agreement”) is made and entered into by Horizon Algo (“Horizon”) and by customer or end user of the Horizon Algo software products (“you” or “Licensee”). Your acceptance of the following terms will be evidenced by your purchase or any use of the Horizon Algo software products (the “Product”).

 

License Grant

 

This Agreement applies to any and all versions of the Product, including any updates, modifications, and replacements thereof. Horizon Algo grants Licensee a limited, non-transferable license to use the Product in object code form strictly and solely for Licensee’s personal purposes in accordance with the terms of this Agreement and not for any commercial or other purposes.

 

Limitations

 

Licensee shall not: (i) rent, lease, loan, sublicense, sell, copy, or distribute the Product in whole or in part to any third party; (ii) use the Product for any commercial purpose other than personal use without express written permission from Horizon Algo; (iii) remove, alter, obfuscate, and/or otherwise deface any trademarks or notices on the Product; or (iv) modify, decompile, disassemble, decrypt, reverse engineer or emulate the functionality of and/or create derivative works of the Product. Further, copy trading is prohibited without prior express written permission from Horizon Algo. Any deviation by Licensee will result in immediate termination of Licensee’s license for the Product and no refund will be owed or issued.

 

Ownership

 

Horizon Algo reserves all rights not expressly granted to Licensee in this Agreement and retains full ownership and control of the Product, including but not limited to all right, title and interest in and to the Product under all applicable federal, state, and local laws of the United States or any other jurisdiction. The Product, including, without limitation, the object code and source code, whether or not provided to Licensee, are strictly confidential to Horizon Algo. Horizon Algo retains all right and title to the software and any updates, enhancements, or modifications thereto, and any trademarks, copyrights, patents, or other intellectual property rights included in the Product or documentation provided to Licensee.

 

Settings

 

Your Horizon Algo is preprogrammed for your selected starting maximum account size and is set to the “Aggressive” risk setting by default. The manual contains instructions for adjusting your risk setting to “Medium” or “Conservative,” which are calculated to provide approximately -1/3 and -2/3 of the risk/reward profile of the aggressive setting, respectively. As the end user, you may adjust the settings of your Horizon Algo yourself at any time at your discretion. Instructions for adjusting these settings will be included with your Bot and will be reviewed in Horizon Algo’s regular technical support and setup guidance sessions. You expressly acknowledge and agree that it is solely your responsibility to monitor and adjust your risk setting according to your preference and at your discretion.

 

Payment

 

Upon request, you will receive an email with payment instructions. Upon submission of payment, please allow up to seventy-two (72) hours for us to supply your software download and SETfile, which will be sent to you by email. Your initial payment shall serve as your acknowledgement and agreement to the terms contained herein.

 

Tax Compliance

 

Licensee acknowledges and agrees that it is solely responsible for complying with all applicable tax laws, regulations, reporting, and obligations arising from the use of the Product, including but not limited to any taxes relating to activities generated through the Product. Horizon Algo shall not be responsible for any tax liabilities incurred by Licensee. Failure to comply with tax obligations may result in penalties or legal consequences for which Licensee shall be solely liable. Licensee is encouraged to seek advice from a qualified tax professional or advisor regarding its specific tax obligations (if any) related to the use of the Product.

 

Account

 

Your chosen initial account size will unlock your Horizon Algo for trading, enabling transactions up to the maximum value you select upon purchase. If your account exceeds this predetermined maximum value, you must either withdraw funds to reduce your account size below your licensed threshold, or to upgrade to the next tier. Failure to take action by either reducing your account size or upgrading will result in the termination of your license key, rendering your Horizon Algo no longer functional. This may leave positions open in your brokerage account. It is your sole responsibility to ensure your account remains within its licensed threshold. If you would like to upgrade, simply email horizonalgo@gmail.com. Your upgrade fee will be the difference between your current purchase and the purchase price of the account size you wish to upgrade to, at Horizon Algo’s then-current prices, plus a Five-Hundred Dollar ($500.00 USD) re-licensing fee. You are solely responsible for maintaining your account and any associated privacy and security required.

 

Monthly Maintenance Fees

 

You shall be responsible for paying maintenance fees to Horizon Algo monthly to maintain your account as designated by Horizon Algo. All fees are: (i) stated and payable in United States dollars; and (ii) non-refundable. Failure to pay the monthly maintenance fee will result in forfeiture of your license key and your Horizon Algo will no longer function. Licensing fee refunds will not be granted due to non-payment of the monthly maintenance fee. Your first invoice will be sent one month after your license is activated, and invoicing will repeat monthly. If your monthly maintenance fee is not paid within (14) calendar days of your invoice date, your software license will be revoked, your Horizon Algo will no longer function, and a re-licensing fee of Five-Hundred Dollars ($500.00 USD) will be charged, in addition to payment of any and all past-due monthly maintenance fees, to reactivate your Horizon Algo. Horizon Algo reserves the right to increase monthly maintenance fees on an annual basis, which shall not exceed ten percent (10%) per year of your current monthly maintenance fee. For support inquiries contact us at horizonalgo@gmail.com.

 

No Warranty

 

Horizon Algo offers the Product on an “as is” basis with no warranties, either expressed or implied. IN THE EVENT OF A DEFECT IN THE PRODUCT, LICENSEE’S SOLE AND EXCLUSIVE REMEDY IS THE REPAIR OR REPLACEMENT OF THE DEFECTIVE SOFTWARE AS DETERMINED BY Horizon Algo IN ITS SOLE DISCRETION. NO REFUNDS WILL BE PROVIDED. Horizon Algo AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Horizon Algo DOES NOT WARRANT THAT THE PRODUCT WILL MEET LICENSEE’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. LICENSEE ACKNOWLEDGES AND AGREES THAT Horizon Algo AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ARISING FROM THE USE OF THE PRODUCT. Horizon Algo DOES NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO THE PRODUCT AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, DATA OR INFORMATION RESULTING FROM ITS USE.

 

Broker Selection

 

Horizon Algo is not and does not operate as a broker. You must have a broker in order to connect the Product to your account. Broker selection is completely at Licensee’s discretion and Horizon Algo encourages you to select your broker wisely. Horizon Algo does not make broker recommendations and is not a brokerage or partner in any broker business. Horizon Algo makes no guarantee as to the stability or performance of any brokerage. You must do your own research and decide on the right broker for you. The purchase, sale or advice regarding a currency can only be performed by a licensed Broker/Dealer. Neither Horizon Algo nor its affiliates, officers, employees, or associates involved in the production and maintenance of these products are registered Broker/Dealers or Investment Advisors in any State or Federally-sanctioned jurisdiction. Horizon Algo is solely a provider of a software for Licensee to use at its sole discretion. Horizon Algo encourages all purchasers of products to consult with a licensed representative of their choice regarding any particular trade or trading strategy. Horizon Algo further advises Licensee to thoroughly review and understand the terms and conditions provided by Licensee’s chosen broker before connecting the Product to its account. Licensee acknowledges and agrees that is solely responsible for complying and ensuring compliance with all broker-related requirements and regulations. Horizon Algo makes no representation that any account will or is likely to achieve profits or losses similar to those discussed on this website, in Horizon Algo’s informational materials, or at all. The past performance of any trading system or methodology is not indicative of future results, and Licensee understands and acknowledges all risks involved with its utilization of the Product.

 

Disclaimer

 

Licensee acknowledges that trading foreign exchange CFDs on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can both amplify gains and/or lead to losses. As such, Horizon Algo makes no representation and makes no guarantee with respect to any specific results that can be expected or anticipated through Licensee’s use of the Product. Before deciding to use the Product or make any investment decisions, you should carefully consider your investment objectives, level of experience and risk appetite. The possibility exists that you could sustain a loss of some or all of your investment and therefore you should not trade with money that you cannot afford to lose. Horizon Algo will not be liable for any losses as you assume all risk of loss when using the Product. You should be aware of all the risks associated with any kind of trading (including but not limited to Foreign Exchange trading) and seek advice from an independent financial advisor if you have any questions or doubts. The information contained herein is not an invitation or encouragement to trade any specific investments or instruments in the global financial markets or otherwise. Your trading decisions are your own, and the Product is merely software that does not know nor consider your own individual financial and personal circumstances. Further, the information in this Agreement is intended for consulting an investment professional prior to your use of the Product, to verify what is suitable for your particular needs & circumstances.

 

Representations and Warranties

 

Licensee represents and warrants that: (i) it has the right, authority, and ability to enter into this Agreement and comply with all obligations hereunder; (ii) it shall familiarize itself and comply with all local, national, and international laws related to financial transactions, and will not use the software in any way that would violate such laws; (iii) it understands and assumes all risks with respect to trading and investments and will take full responsibility for its own account; and (iv) it will continue to educate itself on relevant laws and regulations governing financial transactions to ensure ongoing compliance.

 

Termination; No Refunds

 

Horizon Algo shall have the right to terminate this Agreement and Licensee’s Product access should Licensee breach any of its obligations hereunder, and no refund shall be owed to Licensee. Licensee may terminate this Agreement at any time upon notice to Horizon Algo; however, no refunds will be provided, nor does termination release Licensee from any payment obligations to Horizon Algo existing as of the time of such termination, unless required by applicable law. Immediately upon termination, all Product licenses shall be deactivated, and Licensee will cease all use of the Product.

 

Limited Refund & Profit Compensation Policy

 

Client acknowledges and agrees that Horizon Algos offers a limited, discretional refund on the Product as stated under the listed parameters herein. If, subsequent to 60-days of the date of purchase and continuous use of the Product, Client is not satisfied with the Software and had adhered to the parameters stated, Client is entitled to and may request a full refund of the purchase price paid.

 

The parameters to be eligible for the 60-day refund policy are as follows:

 

1) Client must send a full downloaded copy of their journal tab and trade report to Horizon Algos for review;

2) Client must have maintained the exact recommended Software settings using a “conservative” factor with zero adjustments or Client interventions for the entire 60-day period;

3) any losses caused by faults with Client’s VPS or remote desktop are not cause for a refund;

4) Client must have earned less than one dollar ($1.00) USD in profit using the Software within the 60-day period;

5) Client must have attended 2 educational training sessions;

6) Client must have attended at least 1 set up call;

7) Client must have the Software manual in completion, followed by a written or verbal confirmation prior to the end of the 60-day period.

8) Client must begin with a minimum account balance of ten thousand ($10,000.00) dollars USD in Client’s brokerage account connected to the Software.

 

The Client acknowledges and agrees that Horizon Algos offers an additional 16-month profit compensation policy on the Product as stated under the listed parameters. If, within 16 months of the date of purchase, the Client has not profited an amount greater than the initial licensing fee Client paid for the Product and has adhered to the parameters stated herein, the Client is entitled to and may request a refund of the difference between the initial Software licensing fee paid and the amount of profit generated. (For the avoidance of doubt, as an example, if Client paid $20,000 for a license for the Product, but has only realized a profit of $18,000 during the 16 month period, Horizon Algos will refund Client the amount of $2,000.00.)

 

The parameters to be eligible for the 16-month refund policy are as follows:

1) Client must send a full downloaded copy of their journal tab and trade report to Horizon Algos for review;

2) Client must have maintained the exact recommended Software settings using a “conservative” factor with zero adjustments or Client interventions for the entire 16-month period;

3) any losses caused by faults with Client’s VPS or remote desktop are not cause for compensation;

4) Client must have attended 2 educational training sessions;

5) Client must have attended at least 1 set up call;

6) Client must have the Software manual in completion, followed by a written or verbal confirmation within 60 days of purchase.

7) Client must begin with a minimum account balance of ten thousand ($10,000.00) dollars USD in Client’s brokerage account connected to the Software.

 

To request a refund or compensation under either policy, Client must provide written notice of their request to Horizon Algos within 7 days following the 60-day or 16-month period. Upon receipt of the written notice, if the Client has followed all parameters stated herein, Horizon Algos will promptly process the refund of the purchase price or profit compensation within 5-7 business days. Client acknowledges that they have read, understood, and agree to the terms of the Horizon Algos refund and compensation policy.

 

Confidentiality

 

Licensee agrees to maintain the confidentiality of all proprietary information and trade secrets disclosed by Horizon Algo in connection with the Product. Licensee shall not disclose, disseminate, or otherwise make available such information to any third party without the prior written consent of Horizon Algo. This obligation of confidentiality shall survive the termination of this Agreement and shall continue indefinitely thereafter. Licensee acknowledges that unauthorized disclosure of confidential information may cause irreparable harm to Horizon Algo, for which monetary damages may be inadequate, and therefore Horizon Algo shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.

 

Non Disparagement

 

During the Term of this Agreement, and for two (2) years thereafter, the Parties mutually agree that any issues or problems that either Party has regarding the other with respect to this Agreement, shall be discussed with the other Party in a professional and private manner. The Parties hereby mutually agree not to disparage, insult, or fabricate information regarding the other Party in any online or offline forum or any other forum whatsoever, including but not limited to social media channels, regardless of whether such comments or information would not constitute libel or slander, and regardless of whether such comments could be deemed factually true.

 

Limitation of Liability

 

IN NO EVENT WILL Horizon Algo, ITS AFFILIATES, OR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, TORT, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INVESTMENT CAPITAL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN NO EVENT WILL Horizon Algo’S CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, EVER EXCEED THE AMOUNTS PAID TO Horizon Algo BY LICENSEE DURING THE 12 MONTH PERIOD ENDING ON THE DATE SUCH CLAIM AROSE.

 

Arbitration

 

Any dispute, claim, or controversy arising out of or relating to this Agreement shall be determined by arbitration in Miami-Dade County, Florida before one arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) according to its rules and procedures. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be selected by mutual agreement of the Parties. If the Parties cannot agree on an arbitrator, then the arbitrator shall be appointed as specified in the AAA rules. The arbitration will be governed by the laws of the State of Florida. The language of arbitration shall be English. The Parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. The Parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award punitive or exemplary damages against any Party.

 

Force Majeure

 

Neither Party shall be responsible for any failure to perform beyond its reasonable control, including, without limitation acts of God, national health emergencies, acts or omissions of civil or military authority, civil disturbances, wars, strikes or other labor disputes, fires, storms, floods, hurricanes, transportation contingencies, or interruptions in telecommunications or internet services, third party vendors or network provider services.

 

Entire Agreement; Counterparts

 

This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous memoranda and oral and/or written agreements relating to the subject matter of this Agreement. This Agreement may be executed in several counterparts and all such counterparts shall constitute one and the same Agreement. The captions in this Agreement are for purposes of convenience only and are not a part of this Agreement.

 

Updates and Changes

 

Horizon Algo reserves the right from time to time to provide to Licensee modifications to or updated versions of this Agreement via electronic means and on its website. Licensee will be responsible for checking Horizon Algo’s website for the most current version. Said modifications or new version shall be deemed to be accepted by Licensee by its continued use of the Product following such modification or update.

 

Waiver

 

The failure of any Party to insist on or enforce strict performance of any provision of this Agreement, or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment of the right to assert or rely upon any such provision, right or remedy in that or any other instance. Waiver by either party of a breach of any provision contained herein must be in writing, and no such waiver may be construed as a waiver of any other and/or succeeding breach of such or any other provision of this Agreement, or a waiver of the provision itself.

 

Severability; Headings

 

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. In such an event, the Parties hereby acknowledge their intent to make such invalidated provision, or part of such provision, as to be deemed replaced with a valid provision or part of provision that most closely approximates and gives effect to the intent and economic effect of the invalid provision or part of provision. Any such modification shall revise the existing invalid provision, or part thereof, only as much as necessary to make the invalidly-held provision otherwise valid. Headings are used for convenience of reference only, are not part of this Agreement, and in no way define, limit, construe or describe the scope or extent of any section of this Agreement, or in any way affect this Agreement.

 

By continuing with your purchase and use of the Product, you are acknowledging your acceptance of this Agreement and are affirming that all trading and investment decisions are your own. You assume all liability and bear all associated risks, thereby agreeing to waive any liability against Horizon Algo and its agents, affiliates, associates, employees, representatives or other persons or entities affiliated with and/or controlled by Horizon Algo as providers of the Product