GENERAL TERMS AND CONDITIONS OF SERVICE ONE-SIGNAL
ARTICLE 1. INTRODUCTION
These General Terms and Conditions (“Terms“) cover the use on our Website of all information and content by Visitors and the subscription and access to both our free and paid services by Customers. Both Visitor and Customer (“User“, “you” or “your(s)“) must read the following terms and conditions before visiting our Website and/or using our Services as these Terms govern your legal relationship with Carisma Infoservice GmbH (“Company“, “we“, “us“, or “our(s)“), doing business as One-Signal.com, with its registered address: Theresiengasse 55/2A-1180 in Vienna, Austria.
If you are from the United States, the United Kingdom or Canada, we recommend you to read Section 7 in these Terms carefully because it contains important provisions regarding your legal relationship with us in connection to our Services. In addition to that, the General T&C’s also apply to you.
If you subscribe to our services and receive signals, you must refrain from sharing and disclosing them with any third-party. Those signals are exclusive for you and for personal use. Be aware that as a result of sharing or exploiting our signals you may be subject to civil liability as stated in Subsection 5.4 in these Terms ($25,000.00 fine per violation), as well as criminal liability in some jurisdictions.
All the information and content are only provided by us for informational purposes and solely aimed at financial experts who understand the financial markets and transactions carried out thereon. You acknowledge and understand that such transactions involve a considerable risk that can lead to the loss of all capital invested. Please read our Disclaimer Section in these Terms thoroughly, and if there are still questions or doubts, please email us at: email@example.com.
ARTICLE 2. SERVICES
2.1. Definition Services. Our Services may contain both the content published on our Website and the information which will be sent to Customers that are subscribed to our Signals.
2.2. Signals. As part of our Services, we may provide Signals that are sent to you by email on Trading Days, and at times we may send you a second Signal. Signals may contain the following:
- “Long!” meaning that an upward movement may be imminent;
- “Short!” meaning that a downward movement may be imminent;
- “Stop” meaning you could decide to sell your positions.
2.3. Forbidden Sharing Signals. You must – at all times – refrain from disclosing and sharing our Signals with any third-party. The Signals you are receiving from us are only meant for single Customers and shall remain strictly personal. In case you violate this provision, we may invoke the monetary penalty as described in Subsection 5.4 in these Terms.
2.4. Signal Disclaimer. All Signals are only provided for informational purposes and provide an automatically calculated indication about how the course of the Standard & Poor’s 500 Index (“S & P 500“) may perform during the next trading day. One-Signal.com does not represent and warrant that the information provided will correspond with future course developments. Moreover, the Signals we provide will never constitute any recommendation for “buying,” “holding,” or “selling” any financial product.
2.5. Trading Days. One-signal.com only operates on trading days of the US stock exchange (“NYSE“). The Signals and any related information are provided for general informational purposes only, and they never constitute any investment advice or any offering of securities products.
2.6. Best Efforts. Company shall use its best and reasonable efforts in providing our Services to you. As a customer you understand and acknowledge that we cannot guarantee the effectiveness of any of the Services provided under these Terms.
ARTICLE 3. AUTHORIZED USERS AND SUBSCRIPTION
3.1. Content Access. Carisma Infoservice GmbH (oder One-Signal) permits each User to access our Website and view any of its contents and information. In addition, we offer Customers paid subscriptions to access some of our Services.
3.2. Authorized Users. You shall be the principal Authorized User of our Services and the rights in and to the Services are limited to one Authorized User only which cannot be shared with, or used by another person
3.3. Services and Content. We offer on our Website our Services, including free content and information. With regard to our subscriptions, the latest versions are published on https://www.one-signal.com/pricing. We do not make any representations and warranties as to our Services, content and information as we are never liable or responsible for any incorrect or erroneous information.
ARTICLE 4. ACCOUNT AND VERIFICATION
4.1. Account Information. In order to access and use our Services, you must first create an account on our Website. You represent that all personal information you provide is fully accurate and up to date. You may only subscribe to one single account, which remains strictly personal. Moreover, you undertake to keep your username and password at all times private.
4.2. Account Approval. We may reject each and any request to subscribe to our Services, without disclosing the reason under which such a rejection has been made.
ARTICLE 5. IP RIGHTS AND LIMITATIONS
5.1. Warranty of Originality. We represent that we are the rightful and original owner of the Services, the Website, and the content, or we are the recipient of a valid license or right to use. Moreover, we are authorized to grant rights in and to this agreement without the consent of any third party.
5.2. Rights. Client understands and agrees that unless otherwise designated in this Agreement, Company owns and retains all right, title and interest in and to the Services, including all information and content, business methods, trade secrets, software and any other technology developed in connection with our Services.
5.2. Limitations. All information contained on our Website, as well as any other information we may communicate with you by email and any other means, must not be copied, redistributed, distributed, changed, or edited. Disclosure to third parties is prohibited without our express consent.
5.3. Personal Use. All rights to the texts, graphics and other material on One-Signal.com are subject to copyright laws and any other intellectual property protection laws. Permission is granted to make electronic copies of parts of the contents of One-Signal.com and the information and reports provided thereon are exclusively for personal use. Any other use of our materials other than strictly personal use – including reproduction, modification, distribution, marketing and redistribution – is strictly prohibited.
5.4. Monetary Penalty. You acknowledge and agree that if you commit a breach of any of the stipulations in Section 5.3, the Company shall be entitled to obtain payment, by way of penalty, of an amount of twenty five thousand US Dollar ($25,000.00) for each and every such breach, and without prejudice to our right to claim additional damages and losses.
ARTICLE 6. SUBSCRIPTIONS, PAYMENT AND TERMINATION
6.1. Subscription. We offer different subscription packages on https://www.one- signal.com/pricing, and you may choose between the subscription periods published on that page. The current prices for different Services including applicable terms can be found there. All prices include Value Added Tax (VAT).
6.2. Access to Services. After your payment has been successfully processed, you will receive access to our Services, and receive the Signals as stipulated in these Terms.
6.4. Chargebacks. In the event you have performed a credit card chargeback or otherwise reverse any payment(s) made to us, we may, in our sole discretion, immediately terminate your account. All charges we make for purchases remain non-refundable, and we will never make refunds for partially used Services.
6.5. Refunds during Trial. Customers have the right to cancel their subscription within two (2) weeks after the purchase of their subscription by emailing us at firstname.lastname@example.org. During the trial period, you do not have to give a reason for the cancellation. After a successful cancellation, we will refund the funds paid within five (5) working days minus the applicable fee for the period you have used our Services.
ARTICLE 7. WARRANTIES, DISCLAIMERS, AND INDEMNIFICATION
7.1. Information Services Only. All our Services, including but not limited to opinions, messages, analyses, latest news, prices, research, or any other information, are only provided as general market information and solely offered for educational, entertainment, and journalistic purposes. All information we offer has been carefully evaluated and written by us. However, no guarantee can be given as to the correctness, completeness, value, or quality of the information provided. Moreover, the information mentioned above shall only reflect a present and temporary assessment of a trading system.
7.2. Disclaimer. In providing our Services, we make no warranties or representations, either express or implied, including without limitations any implied warranty of merchantability or fitness for a particular purpose. Users accept our Service and content on an “as is” basis with no representations or warranties of any sort, implied or expressed, including warranties of fitness for a particular purpose, or any implied warranty arising from statute, performance, or usage of trade. We accept no liability for the correctness of our Services. In some cases, miscalculations can occur. The information provided is for general information purposes only.
7.3. Financial Disclaimer. The performance of any financial product in the past can never be used to predict future outcomes. The signals provided by One-Signal.com are only a minor part of all the information necessary to make an investment decision. Moreover, our Signals are always non-binding and subject to change. Investing in stocks and derivatives always involves risks, which in some cases can also mean the total loss of all capital you have invested. The information you may extract from the Signals shall in no means constitute investment advice or a recommendation for or advise against a specific financial instrument or product. Furthermore, the use of our Services will never replace advice from a licensed investment advisor.
7.4. Waiver of liability. We will never assume liability in connection to our Services, and we expressly waive any claim for damages and losses. The use of our Services is at your own risk, and all content is intended for private use only, reflecting the current assessment of the trading system used by us. All listed content we offer on our Website has been carefully evaluated and written. However, no guarantee can be given for the correctness, completeness, or quality of the Services provided.
7.5. Third-Parties Waiver. One-Signal.com assumes no liability for the performance of third parties, for example the availability of web servers, power outages, brokerage services, provision of telecommunications services, disruptions in internet availability or email delivery, and all other services over which we have no or limited control. We cannot be held liable if the delivery of Signals is delayed or not delivered at all as a result of the aforementioned circumstances.
ARTICLE 8. INFORMATION FOR UNITED STATES, CANADIAN AND UK RESIDENTS
8.1. Notice for United States Residents. If you are a United States resident, you understand and agree that we do not provide investment advice as defined in the United States Investment Advisers Act 1940 and any similar state regulations or statutes. We do not recommend or advise against any financial product to be bought, sold or held by you. As a result, no registration at the Financial Industry Regulatory Authority (“FINRA”) is required.
8.2. Notice for Canadian Residents. No securities commission or similar authority on the federal or provincial level in Canada needs to review the contents of our Services, as they are never intended as investment advice of any kind. We may reserve the right to reject any subscription and the annulment of any request to our Services. We always advise Canadian residents to seek further legal and financial advice before making an investment decision.
8.3. Notice for United Kingdom Residents. You understand and agree that we do not provide investment advice, as defined in the Financial Services Act 1986, and nothing in and to our Services constitute investment advice, and you will never consider any of the Website content as investment advice. Moreover, we do not recommend or advise against any financial product to be bought, sold, or held by you.
8.4. Other Jurisdictions. The Services One-Signal.com provides, are expressly not aimed at individuals in countries that prohibit the provision of the content and information we offer. Each User agrees and acknowledges it is fully responsible for being aware of any restrictions before visiting the Website or subscribing to our Services and for complying with any law and regulation that may apply.
ARTICLE 9. MISCELLANEOUS
9.1. Reviews and Feedback. You may review our Services externally, reflecting your opinion. However, you acknowledge and agree you must not share publicly in relation to our Company and the Services we provide any information that is defamatory, obscene, offensive or punishable by the law, invade another individual’s privacy or contains confidential information.
9.2. Successors and Assigns. You may not sub-contract or otherwise delegate or assign this agreement or any of its obligations without our explicit prior written consent. Our Company may sublicense or assign any or all of its obligations hereunder, and no consent is necessary in connection with an assignment to an affiliate or any merger, reorganization, consolidation, sale of assets, or similar transaction.
9.3. Notices. Any notice shall always be in writing and delivered personally by email upon acknowledgement of receipt of electronic transmission or certified or registered mail, a return receipt requested and upon verification of receipt.
9.4. Severability. Should any provisions in these Terms be held by a court to be illegal, unenforceable, or invalid, the validity and enforceability of the remaining provisions in this agreement shall remain in full force and effect.
9.6. Headings. The headings used in these Terms are included for the benefit of the parties and shall not affect whatsoever its stipulations, or its interpretation or meaning.
9.7. Force Majeure. We are never responsible or liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to the applicable laws or regulations, embargoes, war, epidemics or pandemics, terrorist acts, acts or omissions of third party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions.
9.8. No Waiver. Neither party will be deemed to have waived any of its rights under this agreement other than by a duly authorized representative in a written waiver. No waiver of a violation of this agreement will constitute a waiver of any other breach of this agreement.
ARTICLE 10. APPLICABLE LAW, COMPETENT COURT AND CLASS ACTION WAIVER
10.1. Choice of Law. This agreement will be governed solely by the internal laws of the Republic of Austria, without reference to any conflicts of law principle that may apply. Only the civil court in Vienna, Austria is competent to hear any claim that may arise out of, or in connection to this agreement.
10.2. Class Action Waiver UK, US and Canada. You acknowledge and agree that all claims and actions pursued against our Company will always be on an individual basis, and you hereby waive your right to start or to become a party to, or to be a participant in any group, class or collective action in any court or arbitration proceedings, or any other forum.