End User License Agreement
Last Update: October 17, 2023
PLEASE READ THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT (THE “EULA”) CAREFULLY BEFORE DOWNLOADING, INSTALLING, AND/OR USING ANY SOFTWARE OR FEATURES PROVIDED BY US INCLUDING ANY REVISIONS, IMPROVEMENTS, NEW RELEASES, AND RELATED DOCUMENTATION IN CONNECTION THERETO (THE “SOFTWARE”). BY CHOOSING THE “I ACCEPT” BUTTON (OR A SIMILAR LANGUAGE), YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA AND ALL THE TERMS AND CONDITIONS OF GINALABS TRADE COMMAND, AVAILABLE HERE: https://www.ginalabs.com/. THIS EULA TOGETHER WITH THE PRIVACY POLICY, GOVERN YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THIS EULA IN ITS ENTIRETY, DO NOT DOWNLOAD, INSTALL AND\OR USE THE SOFTWARE. ANY USE OF THE SOFTWARE BY YOU UNDER SUCH CIRCUMSTANCES WILL BE CONSIDERED AS A VIOLATION OF OUR LEGAL RIGHTS. The terms (“us”, “we”, and” our”) refer to GinaLabs.
1. Modification. We may, at our sole and absolute discretion, change, modify, add to, or delete any of the terms and conditions of this EULA, at any time, without prior written notice to you. Your continued use of any part of the Software, following any change to this EULA, constitutes your complete and irrevocable acceptance of any such change. If any modification to the EULA is not acceptable to you, your only recourse is to uninstall the Software. This EULA will also govern any upgrades and/or updates to the Software by us, unless these upgrades and/or updates are accompanied by a separate end-user license agreement, in which case, the terms and conditions of that separate end-user license agreement will govern.
2. The Software. Following your acceptance of this EULA, the Software will be downloaded to your computer. The Software may include (i) Trade Command; and (ii) an app that changes your default settings in the MT4 platform.
The Software may include “Third Party Content”. Any use by you of Third Party Content that is available via the Software is subject to the terms and conditions of any such Third Party Content. You acknowledge that we have no control over and assume no responsibility for Third Party Content. You assume all responsibility and risk in connection with your use of Third Party Content and we hereby disclaim any and all liability to you or any third party in connection thereto. We have no obligation to examine, review, or monitor Third Party Content and are not responsible for the accuracy, completeness, appropriateness, or legality of Third Party Content. You acknowledge and agree that certain Third Party Content may cease to be available to you from the Software at our sole discretion and without notification to you.
The Software will not automatically update once a new version is released but should the update be material, we will provide notification at our site. Due to technical considerations, the changes on your device may not be available immediately following their installation.
3. Uninstall. If you wish to uninstall the Software, use the standard uninstall processes.
4. License. Subject to the terms and conditions of this EULA, we hereby grant you a limited, royalty-free, non-exclusive, revocable, non-transferable, non-sub-licensable to install and use the Software only on a single computer device that you own. This license is limited to your personal use and is not intended to permit professional or commercial use of the Software. We reserve all rights not expressly granted to you hereunder. You may not remove, modify, and/or delete any intellectual property right or proprietary notices or markings that are part of the Software.
5. Restrictions. THE SOFTWARE IS LICENSED TO YOU, NOT SOLD. Other than the rights explicitly granted to you in this EULA, you have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, you agree and undertake not to: (i) sell, lease, share, sublicense or distribute the Software, or any part thereof, or otherwise transfer the Software; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to access the Software‘s source code; (iii) modify, revise, enhance, or alter the Software; (iv) copy or allow copies of the Software to be made; (v) permit others to use the Software via a timesharing, outsourcing, service bureau, application service provider, managed service provider or similar arrangement; (vi) use the Software in any way that is intended to violate any law or regulation; (vii) represent that you possess any proprietary interest in the Software; and (viii) use the Software in illegal manner or for unlawful purposes including without limitation infringement or misappropriation of any intellectual property rights or right of privacy or right of publicity of any third party. You shall not modify or delete any of our or third-party proprietary rights notices appearing in the Software, or any Third Party Content and Third-Party Ads (as defined below).
6. Title & Ownership. The Software is protected under intellectual property rights laws. You acknowledge and agree that the technology manifested in the operation of the Software constitutes our, and our suppliers‘ valuable trade secrets and know-how, and to the extent you discover any such trade secrets, you will not disclose them to any third party. Any disclosure or unauthorized use thereof will cause us irreparable harm and loss. All rights, title, and interest in and to the Software, any related features and/or services, and any derivatives thereof improvements and modifications thereto, including associated intellectual property rights, evidenced by or embodied in and/or attached/connected/related to the Software or any related features and/or services, are and will remain owned solely by us. This EULA does not convey to you an interest in or to the Software, but only a limited right of use in accordance with the terms herein. Nothing in this EULA constitutes a waiver of our intellectual property rights under any law. The license granted herein is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.
7. Your Representations and Warranties. You hereby represent and warrant that: (i) you will only use the Software as permitted under this EULA; (ii) you will use the Software in full compliance with all applicable laws, rules, regulations and industry best practices; (iii) you will not use the Software for any fraudulent or inappropriate purpose; (iv) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (v) you are not listed on any list of U.S. Government list with respect to prohibited or restricted parties.
8. Disclaimer. We are not obligated to maintain or support the Software, or to provide you with updates, fixes, or services related thereto. You understand and agree that during and/or by using the Software, you may encounter Third Party Content and/or Third Party Ads that you may deem to be offensive, indecent, or objectionable. THE SOFTWARE AND ANY RELATED FEATURES ARE PROVIDED “AS IS” and “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF DESIGN, OPERATION, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION, MERCHANTABILITY, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING FROM THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY RELATED FEATURES PROVIDED BY US, OR RELIANCE ON ANY OUTPUT RESULTING FROM USING THE SOFTWARE IS SOLELY BORNE BY YOU. WE DO NOT WARRANT THAT THE SOFTWARE, ANY RELATED FEATURES, AND/OR ANY SERVICES WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION, OR THAT IT WILL MEET YOUR EXPECTATIONS. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE, ANY RELATED FEATURES, AND/OR ANY SERVICES, IS TO UNINSTALL IT. Some legal jurisdictions do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you.
9. Limitation of Liability. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY MATTER ARISING OUT OF THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY DAMAGES WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION FOR ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOSS OF GOODWILL, LOST PROFITS OR GOODWILL, LOST OR DAMAGED DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUFFERED BY YOU AND/OR ANY THIRD PARTY. YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SOFTWARE IS TO STOP USING IT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SOFTWARE. THE LIMITATIONS HEREIN SHALL APPLY EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF CONSEQUENTIAL DAMAGE.
10. Indemnity. You shall indemnify, defend, and hold us and our directors, officers, and employees from and against all claims, suits, costs, damages, losses, liability, and expenses, including reasonable attorneys‘ fees and other legal expenses, arising from or incurred as a result of your use of the Software, or your violation of this EULA.
11. Term and Termination. This EULA is valid as of the date on which you installed the Software. Without prejudice to any other rights, this EULA and your right to use the Software automatically terminates without notice, if you fail to comply with any provision of this EULA. We may terminate this EULA at any time with or without prior notice. You may terminate this EULA at any time by uninstalling the Software and resetting your settings. Upon termination of this EULA, the license granted to you in this EULA shall expire and you must cease using the Software and uninstall it from your applicable device. Notwithstanding any termination of this EULA, the provisions of Sections 6 (Title and Ownership), 8 (Disclaimer), 9 (Limitation of Liability), 10 (Indemnity), 13 (General), and this Section 11 shall survive and continue to be legally binding upon you and us.
12. Privacy. Your information may be accessed, collected, used, and/or shared by us in accordance with our Privacy Policy available prior to the installation of the Software. By downloading, installing, and/or using the Software, you consent to our use of your information as set forth therein.
13. General. This EULA constitutes the entire agreement between the parties and supersedes all prior oral or written communications, agreements, and/or understandings. The section titles in this EULA are provided for convenience purposes only and shall have no legal significance. If a court of competent jurisdiction finds any provision of this EULA to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the EULA shall continue in full force and effect. You may not assign this EULA. We shall be entitled to assign this EULA at our discretion. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. No partnership or joint venture is created hereunder. This EULA shall be construed and governed in accordance with the laws of the United Kingdom (regardless of its conflict of law provisions). You agree to the exclusive jurisdiction of the United Kingdom Courts. The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. If we fail to enforce any rights or to take action against you in the event of any breach hereunder, it shall not be deemed a waiver of such right or of subsequent actions in the event of future breaches. Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
14. Contact Us. If you have any questions, complaints, and/or claims, you may contact us at: official.ginalabs@gmail.com.
15. To activate the software and ensure secure delivery, you must provide us with your MT4 account number via email. You can send this information to our official email address at ginalabs@gmail.com. In response, you will receive activated software. This must be done otherwise you will not receive the software.