TERMS & CONDITIONS

THIS TERMS OF SERVICE (THE “AGREEMENT”) WILL GOVERN YOUR USE OF OUR SOFTWARE, ALL SERVICES AND TOOLS MADE AVAILABLE TO YOU (COLLECTIVELY REFERRED TO AS THE “SERVICE”). THIS SOFTWARE AND SERVICES IS OWNED AND MANAGED BY ORCA-FX.COM .

We advise you to read the terms contained herein carefully before installing this software.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THE TERMS CONTAINED HEREIN CONSTITUTE A LEGALLY BINDING TERMS OF SERVICE BETWEEN YOU AND ORCA-FX.COM.

ORCA FX EXPERT ADVISORS AND CUSTOM EXPERT ADVISORS ARE AUTOMATIC TRADING SOFTWARE PROGRAMS FOR THE METATRADER PLATFORMS THAT ALLOWS YOU TO AUTOMATICALLY TRADE BASED ON TRADING RULES. YOUR CONTINUOUS USE OF THESE SOFTWARE IS SUBJECT TO YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL OF THE TERMS CONTAINED IN THIS TERMS OF SERVICE.

If you are accepting these Terms of Service and using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have full power and authority to do so.

LICENSE

We hereby grant you (as an individual) a revocable, non-exclusive and non-transferable right to use the Orca FX Expert Advisors Software in accordance with the provisions of this Terms of Service.

We hereby grant you upon payment of the agreed license fee a perpetual right to use the Orca FX Expert Advisors Software. You may only install and use the licensed copy of the Orca FX Expert Advisors Software on a licensed operating system.

We make every effort for a support to be available by e-mail, but we cannot accept liability for whatever reason, if they are not available.

PROHIBITED ACTIVITIES

a. Transfer: You may not rent out, hire, lease, sell or otherwise transfer the Orca FX Expert Advisors Software, if applicable, nor any copies of the Orca FX Expert Advisors Software, or any of the accompanying documentation. You may not divulge, make available, or otherwise redistribute all or any part of the Orca FX Expert Advisors Software or any copies thereof to third party or entity for any reason whatsoever.

b. Reverse Engineering/ Modifications: You may not reverse engineering analysis, decompile, disassemble the components of the Software, or any of your obtained license keys. You may not modify or adapt the Software or any of the license key you received in any way.

c. You may make one copy of the Software, Documentation, and any license keys you have obtained, solely for backup or archival purposes. Any copies of the Software, Documentation, or license keys shall include any copyright information or other notices of ownership, which were accompanied by these materials when they are transferred to you.

Permitted only exceptions from this paragraph; neither you nor any other accountable or controlled by a person you cannot make copies of the software, documentation, license keys, or any part thereof.

The Software, as applicable, is licensed, not sold to you, for use only under the terms of this Terms of Service, and We reserve all rights not expressly granted to you. We retain all ownership rights to the Software and all copyright and other intellectual property rights in the Software, as applicable, (including all trademarks, trade signs, logo, source codes, codes, and such other proprietary information incorporated into the software) and any copies of the Software, as applicable, or any part thereof.

The terms of the Terms of Service only grants you a limited right to use the Software, as applicable, The Software, as applicable, is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. You must treat Orca FX Expert Advisors Software and your access to, and use in full compliance with the terms contained herein.

REPRODUCTION AND OR TRANSLATION OF ANY PART OF THIS WORK BY ANY MEANS ELECTRONIC OR MECHANICAL INCLUDING PHOTOCOPYING BEYOND THAT PERMITTED BY COPYRIGHT LAW WITHOUT THE PRIOR WRITTEN PERMISSION OF THE OWNER IS UNLAWFUL.

WARRANTIES AND REPRESENTATIONS

This service is provided to you based on the Terms of Service provided herein. By using this service, you expressly warrant that you’re legally allowed to enter into legally binding Agreements.

You further represent and warrant that you:

Are at least 18 years old or of other legal age.
have not previously been suspended or removed from our Services;
have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
Will not use our Software if it is prohibited in your Country.

When accessing or using our Software, you further represent, agree and warrant, that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Software. Without prejudice to the generality of the foregoing, you represent, and warrant that you will not:

Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using our Service with full functionality, or that could damage, disable, overburden or impair the functioning of Service in any manner;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
Develop any third-party applications that interact with our Service without our prior written consent;
Encourage or induce any third party to engage in any of the activities prohibited under this Section.

ACCOUNT

To use any feature or service on this Website, you’ll be required to create an account with Orca-FX.com . You understand that the following terms shall apply to your account.

a. You warrant the information you provide while creating an account with us is true and accurate to the best of your knowledge.

b. In the event of any changes to the information earlier provided by you, you’ll be responsible for making timely update of such information under your profile.

c. You understand that you’ll be responsible for keeping your login credentials safe at all times. Orca-FX.com will not be responsible for loss of your credentials or a third party access that may arise from your negligence. You are solely responsible for any authorized or unauthorized access to your Software program to the greatest extent permitted by law.

d. Should you notice any unusual activity with your account, you’re responsible for providing a timely notification to Orca-FX.com.

CFTC RULE 4.41

HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

LIMITATION OF LIABILITY

Except as expressly provided to the contrary in a writing by us, our Software services is provided on an "As is" and "As available" basis.

WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

You acknowledge that information you store or transfer through our services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including but not limited to software failures, protocol changes by third party providers, internet outages, Force Majeure event or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.

Except as otherwise required by law, IN NO EVENT SHALL ORCA-FX.COM, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE ORCA-FX.COM IP, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ORCA-FX.COM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ORCA-FX.COM'S RECORDS, PROGRAMS OR SERVICES.

We resume the right, in our sole discretion, to control any action or proceeding (at our expense) to which we are a participant and determine whether we wish to settle it.

To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ORCA-FX.COM (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ORCA FX EXPERT ADVISORS SOFTWARE OR TO THESE TERMS EXCEED THE LICENSE FEES PAID BY YOU TO ORCA-FX.COM.

APPLICABLE LAW; ARBITRATION

Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Kuwait Judiciary System when the Notice of Arbitration is submitted. The law of this arbitration clause shall be of the State of Kuwait.

The arbitrator has the authority to grant any remedy that would otherwise be available in court.

You expressly waive the right to commence a Class Action, class arbitration or representative action or proceeding against Orca-FX.com whether the dispute is heard in arbitration or in court.

Orca-FX.com may announce and amend its privacy policy on the platform of Orca-FX.com from time to time and the privacy policy shall be an integral part of this Usage Agreement. Please refer to our Privacy Policy for information about how we collect, use and share your information. The latest version of the Privacy Policy which has included the GDPR can always be found here on this page.

Terms & Conditions: Text

MISCELLANEOUS

Entire Agreement. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services.

Severability If, for any reason; any part, term or provision contained herein is held by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid.

Any amended Terms will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.

No Waiver Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

Assignment You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Orca-FX.com, including by operation of law or in connection with any change of control. Orca-FX.com may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

Headings of sections are for convenience only and shall not be used to limit or construe such sections.

For more information, questions, complaints or concern regarding your use of this Website, please feel free to contact us at: contact@orca-fx.com

RISK STATEMENT

This is neither a solicitation nor an offer to Buy/Sell currencies, futures or options.

No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this manual. Don't trade with money you can't afford to lose. High leverage in the Forex market can work against you as well as for you.

YOU’RE SOLELY RESPONSIBLE FOR READING THE RISK STATEMENT BEFORE USING OUR SERVICE.

The trading of products, goods, forex involves a high level of risk due to price fluctuations. You understand that you may increase or lose the value of any investment at any point time.

Disclosure of Material Risks:

High-Risk Investments

You understand that Trading Stocks, Foreign Exchange (Forex), or Options on margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage may be against you. We hereby strongly advise that you consider your investment priorities, objective, level of experience and risk appetite. We encourage you to avoid using capitals you can’t afford to lose. You understand that there is every possibility that you could lose a part or all your risk capital while trading, hence only risk capital should be used for trading at all times. You should be aware of all the risks associated with trading these markets, and seek advice from an independent financial advisor if you have any doubts.

Before you get started in the Forex market with Orca FX Expert Advisors, you should carefully consider your investment objectives, goals, trading experience and your personal risk. You should also be aware of the existing possibility that you can partially or, at worst, completely lose all of your initial investment or more than your initial investment. For this reason, currency trading should only be undertaken with risk capital. Developers of Orca FX Expert Advisors, their representatives and affiliates cannot give investment advice.

Accuracy of Information

Any content/information made available to you on our website is subject to change at any time without notice, and is provided for the sole purpose of assisting traders to make independent investment decisions. We do not make any guarantee regarding the suitability or accuracy of the content and will not be liable to you for any loss or damages as a result of your reliance on such information or inability to access our website.

DISCLAIMER: THE DATA CONTAINED HEREIN IS BELIEVED TO BE RELIABLE BUT CANNOT BE GUARANTEED AS TO RELIABILITY, ACCURACY, OR COMPLETENESS; AND, AS SUCH ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE WILL NOT BE RESPONSIBLE FOR ANYTHING, WHICH MAY RESULT FROM RELIANCE ON THIS DATA OR THE OPINIONS EXPRESSED HEREIN.

DISCLOSURE OF RISK: THE RISK OF LOSS IN TRADING STOCKS, FUTURES, FOREX, AND OPTIONS CAN BE SUBSTANTIAL; THEREFORE, ONLY GENUINE RISK FUNDS SHOULD BE USED. STOCKS, FUTURES, FOREX, AND OPTIONS MAY NOT BE SUITABLE INVESTMENTS FOR ALL INDIVIDUALS, AND INDIVIDUALS SHOULD CAREFULLY CONSIDER THEIR FINANCIAL CONDITION IN DECIDING WHETHER TO TRADE. OPTION TRADERS SHOULD BE AWARE THAT THE EXERCISE OF A LONG OPTION WOULD RESULT IN A FUTURES OR FOREX POSITION.

By buying our software (Expert Advisors) you agree that you accepted these terms in full. No Returns, Refunds or Credit for Purchased and Licensed Software!

By using Orca FX Expert Advisors, you acknowledge that you are familiar with these risks and that you are solely responsible for the outcomes of your decisions. We accept no liability whatsoever for any direct or consequential loss arising from the use of this product.

You also clearly understand that past results are not necessarily indicative of future performance. You accept the fact that all those, who are involved in the creation, development, maintenance and dissemination of the software (Expert Advisors) does not bear any responsibility for the results of your trading.

Any trading in actual live accounts you do at your own risk.

YOU WARRANT THAT YOU’VE READ THE CONTENTS OF THIS RISK STATEMENT AND THAT YOUR CONTINUOUS USE OF OUR SERVICE SHALL MEAN THAT YOU FULLY UNDERSTAND AND AGREE TO ADHERE TO THE INSTRUCTIONS PROVIDED HEREIN.

DISCLAIMER

THIS SERVICE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. WE ADVICE YOU NOT MAKE ANY INVESTMENT DECISION BASED ON THE MATERIALS FOUND ON OUR WEBSITE OR SERVICE.

We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission (the “SEC”) or with any state securities regulatory authority. We are neither licensed nor qualified to provide investment advice. Nothing on our website may be used to substitute investment advice from a professional. WE ONLY PROVIDE AN AUTOMATED SOFTWARE PLATFORM FOR TRADING

This website and the content therein has been prepared for educational and informational purposes only and is not intended to be used as a complete source of information on any particular company. An individual should never invest in the securities of any of the companies’ mentioned based solely on information contained on our website. Individuals should assume that all information provided regarding companies is not trustworthy unless verified by their own independent research.

Hypothetical Results Disclaimer

THE RESULTS FOUND ON THIS WEBSITE ARE BASED ON SIMULATED OR HYPOTHETICAL PERFORMANCE RESULTS THAT HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, THESE RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE THESE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THESE RESULTS MAY HAVE UNDER-OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED OR HYPOTHETICAL TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THESE BEING SHOWN.

The information that may be presented is based on simulated trading using systems and for educational purpose. Simulated results do not represent actual trading. Please note that simulated trading results may or may not have been back-tested for accuracy and that spreads/commissions are not taken into account when preparing hypothetical results.

No representation is being made that any account will or is likely to achieve profits or losses similar to those that may be shown. Past performance is not indicative of future results. Individual results vary and no representation is made that clients will or are likely to achieve profits or incur losses comparable to those that may be shown.

Any individual who chooses to invest in any securities should do so with caution. Investing in securities is speculative and carries a high degree of risk; you may lose some or all of the money that is invested. Always research your own investments and consult with a registered investment advisor or licensed stock and/or forex broker before investing.

To the fullest extent of the law, we will not be liable to any person or entity for the quality, accuracy, completeness, reliability, or timeliness of the information, products and services provided on this website, or for any direct, indirect, consequential, incidental, special or punitive damages that may arise out of the use of information we provide to any person or entity (including, but not limited to, lost profits, loss of opportunities, trading losses, and damages that may result from any inaccuracy or incompleteness of this information).