Terms and Conditions of Use
Last Updated February 12, 2024
PREAMBLE
Before using our Platform (hereinafter defined), You should read this entire Terms and Conditions of Use ("T&C") as this T&C contains terms and conditions that affect your legal rights. By using our Platform, You agree to be bound by the terms of this T&C. If you do not agree to any of the terms or conditions in this T&C, please do not use our Platform.
These terms of use govern your use and access to our splitrounder.com services, including our website(s), our application(s), our application programming interfaces (APIs), our notifications and any information or content appearing therein (collectively our “Platform”). As of the date of this Agreement, our Platform consists of
- All applications and materials on splitrounder.com and associated subdomains;
- All software binaries, documentation, materials for Split Rounder web and mobile applications;
- Any other intellectual properties pertaining to the operation, sale and development of Split Rounder, as our company may prescribe from time to time
By using our Platform, you agree to these terms regardless of whether you are a paying user or a non-paying user. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity. You should also read our Privacy Policy which sets out how we collect and use your personal information. Click here for our Privacy Policy.
1. ABOUT US AND HOW TO CONTACT US
Our Company (or “We” or “us”) Split Rounder, a company registered in the United States of America in the State of Utah.
For any questions or problems relating to our Platform, our products or services, or these terms, you can contact us by emailing support@reply.splitrounder.com
We are the intellectual property owner in relation to our Platform. It is important that you read our T&C, which may be updated from time to time, and to understand the latest changes to our terms and conditions. If you do not agree to subsequent changes to our T&C, you must not use our Platform.
If we have to contact you, we will do so by contacting the email address you provided to us.
Split Rounder does NOT provide financial or investment advice to you and is not a substitute for professional financial advice. Investing in financial markets carries inherent risks, and past performance doesn't guarantee future results. It's crucial to do your research, consult with financial experts, and align your financial objectives and risk tolerance before investing. Split Rounder's creators and operators are not liable for any financial losses incurred from using the platform. Users should exercise caution, seek professional advice, and be prepared for the risks involved in trading and investing in financial assets, only investing what they can afford to lose. By using Split Rounder, you acknowledge that it doesn't offer financial advice and agree to consult a qualified financial advisor before making investment decisions. Split Rounder is a technology Software-As-A-Service that offers automated trading in order to assist you in automating your trading decisions.
Split Rounder and us are NOT incentivized for your trading volume. We charge you, if you so subscribe to our service, a flat monthly fee for providing our software for your use. This monthly fee helps us to cover our software hosting, manpower and all business expenses.
2. CHANGES OF TERMS
We may amend these terms from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy. You are responsible for checking this updated T&C on your own and periodically. Your continued use of our Platform implies your unconditional agreement to all the terms stated in this T&C.
3. AVAILABILITY OF OUR SERVICES
We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we may or may not give you advance notice where reasonably possible.
We may release products, services, functionalities or features that we are still testing and evaluating. We may label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer. There maybe defects associated with features that are marked as such. You understand these limitations and possible defects and agree to report to us, at your own will, any defects that you may encounter.
We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.
We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network, software defects or equipment failures.
You are responsible for configuring your information technology, computer programs and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs, defects or viruses. We do not guarantee that any feature or functionality will work all the time as intended.
4. YOUR ACCOUNT AND PASSWORD
In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.
You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.
You agree that all payments made to the Platform are non-refundable. You further agree that your free use of the Platform has given you sufficient knowledge of the Platform and its merits before committing to a purchase.
5. USE OF THE PLATFORM
You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
Subject to your payment of applicable fees, we give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use our Platform, including any software or application as part of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
This license to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
You warrant that only yourself will have access to your account registered with the Platform.
6. YOUR RIGHTS
You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to the applicable provisions in our Privacy Policy.
You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
If you believe your intellectual property rights have been infringed, please contact us by email at support@reply.splitrounder.com
You may not modify any part of the Platform.
We grant you the right to access our Platform solely for your own use.
7. OUR RIGHTS
All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.
We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
Our name “Split Rounder” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.
All title, ownership rights and intellectual property rights in and to the Platform and any and all copies thereof are owned by the Company. All rights are reserved.
We may at times be compensated for referring you to a broker. Such compensation is paid only once for your referral. However, we are NOT compensated for your trades.
8. INTEGRATIONS WITH THIRD PARTY
We integrate with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or losses arising from the use of any third-party software through our platform. Your access and use of the third-party software is governed by the terms of service or user agreements of that software, if applicable.
9. FEEDBACK
We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
10. LIMITATION ON LIABILITIES
Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
- we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
- we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
- we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
- we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
- we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
- we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).
To the fullest extent permitted by law, Our Entities are not liable to you or others for:
- any indirect, incidental, special, exemplary, consequential or punitive damages; or
- any loss of data, business, opportunities, reputation, profits or revenues, relating to the use of our Platform or any products or services we offer.
We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.
11. YOUR REPRESENTATION
Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these terms (and our Privacy Policy, Acceptable Use Policy and other documents referred to herein) on behalf of that entity.
12. INDEMNITY
You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you and/or us.
You also agree to fully co-operate with us in the defense or settlement of any claim in relation to or arising out of our Platform or these terms.
13. TERMINATION
These terms will continue to apply until terminated by either you or us as follows.
- You shall email support@rely.splitrounder.com notifying us of your intent to terminate your account with Us.
- Even if you have been provided with a method to terminate or delete your account in our app, you must still email us regarding your termination request.
We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
- you are in serious or repeated breach of these terms (including a failure to settle any payment);
- you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
- we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
- our provision of the Platform to you is no longer possible or commercially viable.
You agree that no refund shall be made for any unused period for your prevailing subscription.
14. ENTIRE AGREEMENT
These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.
You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
15. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16. CONTACT
If you have any questions about this T&C or the Acceptable Use Policy, please contact us at support@relply.splitrounder.com.
17. GOVERNING LAW AND DISPUTE RESOLUTION
These terms are governed by and shall be construed in accordance with the laws of the United States of America.
You agree to forfeit your right to participate in a class action lawsuit against Us and Our Entities
18. ACCEPTABLE USE POLICY
As part of the terms of use, you agree not to misuse the Platform or help anyone else to do so. You agree not to do any of the following in connection with the Platform:
- use our Platform for unlawful or unauthorized purposes;
- re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures or service use limits;
- access, tamper with, or use non-public areas or parts of the Platform;
- interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
- access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
- send unsolicited communications, promotions or advertisements, or spam;
- forge any TCP/IP packet header or any part of the header information in any email;
- send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
- conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorization;
- abuse referrals or promotions;
- post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
- violate the letter or spirit of our terms of use;
- violate applicable laws or regulations in any way; or
- violate the privacy or infringe the rights of others.