Terms of Use

These Terms of Use, including the Recurring Payments Policy (Section 10.13) and the Refund Policy (Section 10.14) incorporated herein, are effective as of the 29th of April, 2026.

THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. PLEASE NOTE THAT USE OF THE PLATFORM ON BEHALF OF THIRD PARTIES IN ANY WAY IS NOT ALLOWED.

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BETWEEN YOU AND TAKEPROFIT ("ARBITRATION AGREEMENT"). UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS, YOU AND TAKEPROFIT AGREE TO SUBMIT ALL DISPUTES BETWEEN US EXCLUSIVELY TO BINDING AND FINAL ARBITRATION AND NOT TO SUE IN COURT, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN SECTION 24 BELOW.

1. INTRODUCTION

1.1. We are TakeProfit Inc., a company registered in Delaware, United States at 1111B S Governors Ave, Dover, DE 19904, USA ("TakeProfit", "we", "us" or "our").

1.2. We provide tools and functionalities that allow managing personal cryptocurrency holdings ("Platform", as defined in Section 2 below). These terms of use ("Terms of Use") govern the access and use of the Platform. The Platform is accessible through the website https://takeprofit.com ("Website") and/or via the TakeProfit mobile application(s) ("App") and application program interface(s).

1.3. The term "you" or "User" refers to you, a natural person, or the legal entity on whose behalf you have accepted or otherwise agreed to these Terms of Use. If you accept these Terms of Use on behalf of a legal entity, you represent and warrant that you have the authority to bind that legal entity to these Terms of Use.

1.4. By accepting these Terms of Use or accessing the Platform, you agree to be bound by these Terms of Use in their entirety, including the Recurring Payments Policy set out in Section 10.13 and the Refund Policy set out in Section 10.14, both of which are hereby incorporated into and form an integral part of these Terms of Use, and the Privacy Policy. Acceptance of these Terms of Use shall constitute the entire, complete, and binding agreement between you and TakeProfit (individually "Party", together "Parties") with respect to the Platform. If you do not wish to be bound by these Terms of Use, do not create an account, and/or access the Platform, and/or make use of any service covered by these Terms of Use.

2. DEFINITIONS

3. PLATFORM AND ITS FUNCTIONALITIES

3.1. The Platform provides you with tools and functionalities that allow you to manage your cryptocurrency holdings across the Exchange Accounts.

3.2. More detailed information in relation to each free and subscribed functionality is available on our Website. By accessing and using any free or subscribed functionality you acknowledge and confirm that you have familiarized yourself with all the information available on the Website in relation to this free or subscribed functionality. Where indicated on our Website, the relevant free or subscribed functionality is offered by a third party and the relevant third party bears all responsibility related to the provision of such Third-Party Services.

3.3. TakeProfit does not hold, custody, or control any user funds or assets, and does not execute trades on behalf of users. The Platform provides tools and functionalities that interact with third-party services, and all transactions are executed through such third parties.

3.4. TakeProfit and the authors of the publications are not liable for any losses incurred as a result of any investment made based on information or analysis provided on TakeProfit. The contents of the publications should not be interpreted as a promise, guarantee, or indication by TakeProfit that you will profit or that losses in connection with them can or will be limited.

4. TESTING

4.1. Beta testing. Beta testing is a functionality, in which TakeProfit provides you the possibility from time to time to use pre-release or beta features for internal testing, evaluation and feedback purposes. Features tested during the Beta testing phase may be modified, discontinued, or incorporated into the final Platform at the sole discretion of TakeProfit at any time. By choosing to participate in Beta testing you:

4.1.1. acknowledge that participation in the Beta testing is voluntary and at your own discretion;

4.1.2. acknowledge that the Platform being tested is provided on an "as is" basis, without any warranty, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose;

4.1.3. acknowledge that it may involve the use of experimental features, functionalities, or configurations, which may result in unexpected behavior, errors, or issues that could affect the user experience;

4.1.4. agree to provide feedback, suggestions, and data regarding your experience with the Platform. This information will be used by TakeProfit for the purpose of improving and refining the Platform;

4.1.5. agree to keep all information related to the Beta testing confidential, including but not limited to features, designs, data, and discussions shared within the testing environment.

4.2. A/B testing. A/B testing is random controlled testing, which TakeProfit can conduct by randomly assigning Users to a group (A/B) upon entering the Website and creating a User Account. This random assignment is an integral part of our Platform's testing and optimization processes, as it measures the performance of different versions of the experience.

4.3. As a result of A/B testing Users in different groups may experience variations in features, visual styles, pricing structures, and other aspects of the Platform's functionality. These differences are designed to help us assess the effectiveness of various design and service elements, ultimately enhancing the user experience for all.

4.4. By using our Platform, you agree to accept the assignment to either group and acknowledge that the user experience may differ accordingly.

5. ELIGIBILITY CRITERIA AND USER ACCOUNT

5.1. Eligibility criteria. To access the Platform, you must meet the following criteria, and represent and warrant that:

5.1.1. you have the full power, authority and capacity to access the Platform and enter into and comply with these Terms of Use;

5.1.2. if you are a natural person, you are at least 18 years of age;

5.1.3. you are not suspended from accessing the Platform, or otherwise not prohibited from having a User Account;

5.1.4. you use the Platform only for yourself and do not use the Platform on behalf of third parties;

5.1.5. you do not engage in any illegal activity and do not use funds or resources deriving from illegal activity or related to money laundering or any other criminal activity;

5.1.6. you meet the conditions set out in Section 27.1;

5.1.7. your access to the Platform does not breach any applicable law or regulation in the jurisdiction where you are residing. If such use is not permitted by applicable laws, you shall not access the Platform.

5.2. Creating a User Account. To access the Platform, you must create a User Account. You can do this by visiting the sign-up page and following the instructions displayed.

5.2.1. You are required to provide truthful, up-to-date, valid, and complete information in the User Account sign-up process. When requested by TakeProfit, you must provide the respective supporting documentation. In case of any changes, you must update your User Account information promptly. You may update or change your User Account settings at any time.

5.2.2. By creating a User Account you confirm that you access the Platform at your own discretion, and you are fully responsible for all activity that occurs under your User Account.

5.2.3. The User Account is provided to you free of charge. TakeProfit has the right to refuse to provide you with a User Account at its sole discretion without a reason, in which case you shall not use the Platform.

5.3. Connecting with a Broker/Exchange Account. In order to use the trading functions of the Platform you may connect your Broker/Exchange Account to your User Account. Please note that when you use a specific Broker/Exchange Account, you are also bound by their specific terms and conditions. When connecting a Broker/Exchange Account, you confirm that the Broker/Exchange Account belongs to you personally and you are not connecting to someone else's account.

5.3.1. For more information on how to connect your Broker/Exchange Account, please visit our Website or the account connection page when logged-in to the Platform.

5.3.2. The suspension and/or termination of your Broker/Exchange Account will directly affect the availability of Platform services connected to such Broker/Exchange Account.

5.3.3. Under certain circumstances and to ensure the User Account safety, TakeProfit may drop the API keys used for connecting the Broker/Exchange Account for security purposes, which will require you to connect to your Broker/Exchange Account again. Dropping your API keys may result in data loss.

6. FREE TRIAL

6.1. TakeProfit offers a free tier (Freeroll) of its Platform to all Users. Additionally, TakeProfit may offer a Trial of its paid Plans to some of its Users. The Trial version may be used only for evaluating the Platform's paid features.

6.2. The Trial eligibility is determined by TakeProfit at its sole discretion, and TakeProfit may limit such eligibility or duration to prevent Trial abuse. To access the Trial, you must create a User Account and choose to use the Trial. Additionally, you may be required to provide a valid promotional code or valid payment details.

6.3. The Trial period will start upon you choosing to use the Trial and will conclude on the earlier of:

6.3.1. the end of the Trial period for which you initially registered; or

6.3.2. the commencement date of any subscription Plan purchased by you; or

6.3.3. termination of the Trial by you, which you may do at any time and for any reason in the User Account settings; or

6.3.4. termination of the Trial by TakeProfit at its sole discretion, which can be done without cause and without prior notice and without any liability or further obligation of any kind whatsoever to you or any other party.

6.4. Upon completion of the Trial, any ongoing activities initiated using the Platform will persist, and your subscription to a Plan will be automatically converted to the chosen Plan.

7. INTENDED AND PROHIBITED USE OF THE PLATFORM

7.1. The Platform is intended for accessing trading research and using the tools and functionalities that allow managing personal cryptocurrency holdings. Depending on your chosen Plan, the purpose of the User Account is to provide you with access to the Platform. You may use the Platform only within the intended purpose and permitted use defined herein. Using the Platform for any other purposes is not allowed.

7.2. You shall access the Platform in compliance with applicable laws and these Terms of Use. Without excluding or limiting any of your statutory obligations, you shall not use your User Account and the Platform in particular to:

7.2.1. manage several accounts from the same Broker/Exchange Accounts through your personal User Account without having subscribed to the appropriate subscription Plan;

7.2.2. impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;

7.2.3. trade on platforms to which you should not have access;

7.2.4. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;

7.2.5. upload or transmit any worms, viruses, trojans, logic bombs or any malicious code or material (including content that will or may be used in any way that will affect the functionality or operation of the Platform, the Website and the App);

7.2.6. transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

7.2.7. engage in any activity that attempts to reproduce, duplicate, copy, sell, resell, exploit, modify, translate, reverse engineer, disassemble, decompile, hack or extract the Platform, Website and App (including the source code, scripts);

7.2.8. interfere with or disrupt the Platform or servers or networks connected to the Platform, including but not limited to hack or bypass any measures we may use to prevent unauthorized access to the Platform;

7.2.9. remove, alter, hide or obscure any copyright notice, trademark or other proprietary rights notice embedded in, appearing on or otherwise pertaining to the Platform;

7.2.10. infringe upon or violate TakeProfit's intellectual property rights or the intellectual property rights of others;

7.2.11. harvest or otherwise use, including for the purposes of solicitation, e-mail addresses available on the Platform;

7.2.12. violate any applicable national or international rules and laws, as well as rights of third parties.

7.3. Failure to observe the limits of purpose and permitted use of your User Account and the Platform is deemed a material breach of these Terms of Use. TakeProfit shall be entitled to – without prejudice to any other rights – terminate your User Account in accordance with Section 14.5. You may not use the Platform if we have terminated your User Account or otherwise banned you.

8. SECURITY OF THE USER ACCOUNT

8.1. Your User Account is personal to you, and you must ensure that your User Account is not used by any other person. You are responsible for all activities that occur under your User Account or from your devices in relation to the Platform and your User Account, including any misuse of your User Account.

8.2. You are responsible for maintaining adequate security and the confidentiality of your data, including your e-mail address, password and other security information and for monitoring and, if necessary, restricting access to your devices, by:

8.2.1. strictly abiding by all security mechanisms and procedures put in place and recommended by us (e.g., setting up two-factor authentication);

8.2.2. keeping any email address, password or any other information, including User Account data, chosen by you or provided to you as a part of our security procedures confidential, secure and not disclosing it to any other third person;

8.2.3. keeping your User Account data up to date for us to be able to contact you if necessary;

8.2.4. exercising caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other User Account information;

8.2.5. logging out from your User Account at the end of each session;

8.2.6. monitoring your User Account history to ensure any unauthorized activity on your User Account is identified and notified to us as soon as possible.

8.3. If you suspect a breach of security:

8.3.1. you must notify us immediately of any unauthorized access or use of your User Account or any other breach of security. If you fail to notify us accordingly, we might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures;

8.3.2. take any other measures to minimize, control or report the security breach, including disabling your connection to your connected Broker/Exchange Account.

8.4. Failure to observe the security measures prescribed by this Section 8 is deemed a material breach of these Terms of Use.

9. PLANS

9.1. Subscribing to a Plan. TakeProfit offers different types of Plans with specific features and functionalities, which are provided free of charge or for a Fee. You can subscribe to different Plans. A full detailed list of Plans and pricing is available on the Website. Please note that not all Plans may be offered in all regions.

9.2. TakeProfit reserves the right to, at its full discretion, provide customized Plans. Customized Plans will not be displayed on the Website and/or App and will be offered to Users on an individual basis. Customized Plans are subject to these Terms of Use.

9.3. You can subscribe to the selected Plan, other than a customized Plan, on the Website or the User Account and if applicable, complete the payment through a third-party payment processor. Prior to clicking the "Pay" button, you must confirm that you accept the Recurring Payments Policy (Section 10.13) and the Refund Policy (Section 10.14).

9.4. Selecting the details of the Plan, including the term of the subscription, and submitting your payment details is an offer to purchase a Plan. The offer must be accepted by us. We may choose not to accept the offer at our sole discretion. The Subscription Purchase will be accepted at such time at which you receive confirmation from us, or we activate your selected Plan functions. The activation of your subscription and these Terms of Use shall serve as proof of the conclusion of the Subscription Purchase.

9.5. TakeProfit reserves the right to change the Plans published on the Website and/or App (e.g., add or remove Plans) at any given moment. When removing a Plan, TakeProfit shall endeavor to give notice to those who might be affected by such actions and, in the event of adverse effects by the changes, when possible, propose alternative measures. Any changes to the pricing will not affect the User's current subscription period and will become effective upon subscription renewal.

9.6. Changing a Plan. If you wish to upgrade your Plan or billing period, you may do so at any time through your User Account. Your new subscription Plan will be activated immediately after processing of your payment, irrespective of any remaining time on your old subscription Plan. Ordering a new Plan will result in the immediate termination of the Subscription Purchase in relation to your old Plan, and conclusion of a new Subscription Purchase for the new Plan. Any funds you may be eligible for from your subscription to an old Plan will be calculated towards your new Plan, meaning you will only pay the difference between your new Plan payment and the proportion of funds not used under the old Plan. For termination of the Plan see Section 14.4. If you wish to downgrade your Plan immediately, you may do so by terminating the current Plan and concluding a new Subscription Purchase. You may request a refund for any funds you may be eligible for from your subscription to an old Plan in accordance with the Refund Policy set out in Section 10.14.

9.7. Renewal of a Plan. Unless otherwise stated in these Terms of Use or agreed on, the subscription shall start and expire in accordance with the start date and end date indicated in the chosen Plan.

9.7.1. After the initial term, the subscription to the Plan shall automatically renew for the same period as the initial term, not exceeding one year without your corresponding request, unless either you or TakeProfit gives notice at least in a form reproducible in writing via the Website or Platform to the other of its intention not to renew the subscription to the Plan. The subscription to the Plan will terminate one Month after this notification. For more information, please refer to our Recurring Payments Policy set out in Section 10.13.

9.8. All Subscription Purchases concluded under the fiat payment choice (e.g. via PayPal, Stripe, or other supported payment methods) enable monthly recurring payments, i.e. Plan is invoiced automatically each Month until the subscription to the Plan is canceled or terminated. If you choose to subscribe to a Plan for one year or use a payment method that does not allow recurring payments, you must make each payment manually.

10. FEES, PAYMENT TERMS AND REFUNDS

10.1. Fees. You will pay the Fee made available at the Website at the time you placed an offer to conclude the Subscription Purchase. The displayed Fee depends on the terms of any promotions or discounts, your geographical location or residence, and chosen payment method.

10.2. All Fees, including discounts, and promotions of the Fees made available on the Platform are subject to change without notice. If we increase the Fees of the Plans, that increase will only apply to purchases made after the date the increase comes into effect. The Fees posted in the Platform may not include applicable discounts or taxes until the profile data in your User Account is fully completed by you. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any subscriptions to Plans arising from such occurrences.

10.3. Taxes. Any payments you make through the Platform and for the Platform may be subject to VAT (value added tax) or applicable sales tax with an appropriate rate and in accordance with the laws of the jurisdiction in which you are established. TakeProfit accrues and charges applicable taxes for your payments based on your location that is automatically determined by the IP address of your device and/or manually provided by you to TakeProfit when entering your billing address.

10.4. TakeProfit (or its merchant of record, as the case may be) may apply the tax rate applicable in the respective jurisdiction, if legally so required. Where applicable, the tax is included in the displayed Fee.

10.5. Payment terms. You must initiate payment for the charges related to the Plan or other products or services, including Third-Party Services, provided through the Platform when submitting the order. If you do not complete the payment to our satisfaction, we will cancel your offer to conclude the Subscription Purchase.

10.6. You can use any available and the most convenient payment method as shown on the Website at the time of the intended purchase. However, TakeProfit does not guarantee the availability of any payment method at any moment. TakeProfit may add, remove or suspend any payment method temporarily or permanently by its own discretion.

10.7. If you disagree with the default payment-related information that our Platform generated automatically, you should provide: your billing address (so long as the Platform will be used at this location); enter the address data in the Platform when proceeding with the payment; and send us a valid proof of this address afterwards. We will then make a determination as to whether the default payment-related information should be adjusted.

10.8. You understand that you are paying the Fee via a payment service provider. Unless otherwise required by law, you are obligated to contact TakeProfit support service for any issues related to payment transactions before contacting the payment service provider or financial institution.

10.9. You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honored by the issuer of your payment method, (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Platform at the time of your order.

10.10. Using the Platform via the Internet may lead to incurring costs that you will have to pay to your service provider. TakeProfit has no control over third parties' prices or fees, nor does it offer refunds for such fees.

10.11. Third-Party Services. Third-Party Services may be provided free of charge or for a fee. Third-Party Services that are provided free of charge are indicated with the purchase price 0 in applicable currency. Payment for having access to the paid Third-Party Services shall be executed between you and TakeProfit by using any preferred payment method as shown on the Website at the time of the intended purchase. All Third-Party Services ordered by the User shall be displayed under the User Account (including the free of charge Third-Party Services).

10.12. Refund. Unless otherwise required by applicable law, we have no obligation to provide a refund or a credit. Due to the nature of the Platform as a digital product, no refunds are granted without clear, justified and legitimate reasons. We will assess any refund request for Fees payable in advance on its merits and in the manner set forth in these Terms of Use and the Refund Policy set out in Section 10.14.

10.13. Recurring Payments Policy

10.13.1. For issues related to payments or refunds, consult the TakeProfit Help Center. To request assistance, contact TakeProfit Support via email at hi@takeprofit.com.

10.13.2. Authorization. By agreeing to this policy, you authorize TakeProfit Inc. (a company registered in Delaware, United States at 1111B S Governors Ave, Dover, DE 19904, USA) to charge your specified default payment method, whether it's a Visa, Mastercard, or other payment card, every month (also referred to as 'monthly' or 'on a month-to-month basis') or every year (also referred to as 'annual' or 'on a year-to-year basis'), as chosen when subscribing.

10.13.3. Payment Processing. Payments made via our merchant of record, Stripe Inc. ("Stripe"), will be processed by Stripe. Your relationship with Stripe is governed by the Stripe Terms and Conditions.

10.13.4. Acceptance. By agreeing to this policy, you acknowledge that:

10.13.4.1. Prior to each subscription purchase, you will be informed about the payment amount, frequency, and the first payment date.

10.13.4.2. You are not under a jurisdiction prohibiting the use of Visa, Mastercard, PayPal, or other payment institutions.

10.13.4.3. You provided correct and full payment information to TakeProfit.

10.13.4.4. You have authorized TakeProfit to conduct recurring transactions on your behalf.

10.13.4.5. You accept responsibility for all recurring payment obligations until the subscription's cancelation.

10.13.5. Payment Method Verification. You confirm that your specified payment method:

10.13.5.1. Is a payment card legally owned by you, or one you have the right to use on behalf of an entity.

10.13.5.2. Is a PayPal account registered by you, or one you have the right to use on behalf of an entity.

10.13.5.3. Has adequate credit/funds.

10.13.5.4. Is operational and not compromised.

10.13.6. Automatic Charges. Payments will be processed on the due date or within a few days thereafter.

10.13.7. Cancelation. You can cancel your Platform subscription anytime via the Platform. The final active day will be the day before the next payment date.

10.13.8. Billing and Cancelation Terms. All billing is recurring, which means you will continue to get billed until you cancel your subscription.

10.13.9. Effect of Cancelation. If you cancel the service before your current paid-up period ends, your subscription will remain active until the next due date. After the due date, if no payment is received, your subscription will be stopped.

10.13.10. Price Changes. TakeProfit reserves the right to adjust the cost of the services. TakeProfit shall notify you of any changes to the cost of your services at least 30 days before such change is to take effect.

10.14. Refund Policy

10.14.1. In case of any issues related to payment or refund processes, please refer to the resources available on the TakeProfit Help Center. Additionally, you may reach out to TakeProfit Support by sending an email to hi@takeprofit.com.

10.14.2. Refund for terminating a Plan. As a consumer, you have the right to withdraw from your first Subscription to the Plan within 14 (fourteen) days as from the date you have successfully subscribed to a Plan (including Trial period) as described in these Terms of Use and you are entitled to a refund if you exercise this right within that period. After the withdrawal period of 14 (fourteen) days, no refund for the termination will be provided.

10.14.3. Refunds via Stripe. If payment(s) for the Subscription has been made via our merchant of record – Stripe (applicable if you made the payment(s) via a credit or debit card or PayPal) – then the refund will also be made by Stripe. Your relationship with Stripe is governed by Stripe Terms of Service.

10.14.4. Limitations and waivers.

10.14.4.1. You may take advantage of a refund for each disputed payment only once. If a refund is already made, then you shall have no right to further contest a refund request or dispute or transaction reversal with TakeProfit or a third-party payment service provider, bank, or financial institution.

10.14.4.2. Refunds will be issued in the same currency as the original payment. With your consent, we reserve the right to offer alternative compensation such as a discount on future services, extended subscription periods, or an upgraded subscription with enhanced benefits, in lieu of a monetary refund. All the same refund rules apply to all subscriptions paid for with referral bonuses. In such cases, refunds are facilitated within the applicable grace period as set forth in the clause 10.14.2 hereabove.

10.14.4.3. The processing time for refunds varies depending on the payment provider and method, as well as individual banking procedures. We advise consulting your payment provider or financial institution for specific details regarding refund processing times.

10.14.4.4. TakeProfit is not responsible for any fees that may be applied by your payment service provider when processing a refund.

10.14.5. Refunds for Subscription Plans. There are no refunds for upgrades to a more expensive plan or monthly plans, even if the subscription is canceled on the same day as the payment has gone through.

10.14.6. Community Moderation. Our moderators are official TakeProfit representatives, with the authority to warn or ban users (including those with a paid subscription) when they do not abide by the rules. We do not offer refunds in case you are banned from publishing content and interacting with others because your paid subscription and all of its data and/or features are still available during any such ban.

10.14.7. Free Trial. The service is billed in advance monthly or annually. Users can try selected paid plans for up to 30 days free of charge. If the trial is not canceled before its expiration date, it automatically converts to a monthly or annual paid plan depending on the user's choice.

10.14.8. Termination for Breach. In case the termination has been initiated by TakeProfit due to your breach, you have no right to request any refund for any unused Plans.

10.14.9. Discretionary Refunds. Unless otherwise required by applicable law, TakeProfit has no obligation to provide a refund or a credit. Due to the nature of the Platform as a digital product, no refunds are granted without clear, justified and legitimate reasons. TakeProfit will assess any refund request for Fees payable in advance on its merits and in the manner set forth in these Terms of Use and this Refund Policy.

11. INTELLECTUAL PROPERTY AND THE LICENSE FOR THE USE OF THE PLATFORM

11.1. The Platform, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the Platform, are the exclusive property of TakeProfit, and its successors, assignees, licensors, and/or suppliers. Unless specifically provided in the Terms of Use or if you have agreed otherwise in writing with TakeProfit, nothing in these Terms of Use gives you a right to use the Platform and its content, TakeProfit's trademarks or other intellectual property of TakeProfit or any third parties.

11.2. Unless otherwise agreed upon in writing, TakeProfit grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform solely for its intended purpose for your personal, non-commercial use, as described in these Terms of Use, for the period you access the Platform and the functions related to the subscribed Plan, where relevant. You acknowledge that you have no right to access the Platform in source-code form. TakeProfit may inform you, by notice within the Platform or otherwise, that the Platform contains intellectual property governed by the license of a third party and you agree to abide by the terms of this third party.

11.3. Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Platform or related intellectual property.

11.4. You retain ownership of all User Content. By submitting or making available User Content via the Platform, you grant TakeProfit a limited, non-exclusive, worldwide, royalty-free license to use, host, store, process, reproduce, and display such User Content solely for the purposes of:

11.4.1. providing and maintaining the Platform;

11.4.2. improving and developing the Platform and related services; and

11.4.3. complying with legal obligations.

11.5. TakeProfit will not use User Content for purposes unrelated to the operation or improvement of the Platform without your consent.

12. UPDATES

12.1. TakeProfit may provide you, at no additional cost, with updates which contain:

12.1.1. Enhancements. From time to time digital content requires further development and adaptation to new technical possibilities or changes in user behavior and demands or changes of the technical development of the environment/infrastructure. To the extent this does not adversely affect the subjective or objective conformity requirements of the Platform or your access or use of the Platform (i.e. which are not debuggings or modifications), TakeProfit may provide you with updates, new software versions and releases that include technical adaptations or additional services, functions, links, integrate additional (module) services or redesign and recompile services, as well as change the name and appearance of the Platform. TakeProfit is not obliged to make enhancements available.

12.1.2. TakeProfit shall inform you about the availability of updates with enhancements and the consequences of the failure to install such updates, as well as provide you with an installation instruction. These Sections 12.1.1 and 12.1.2 do by no means limit your remedies for lack of conformity according to Section 12.2.

12.1.3. Debuggings. TakeProfit will provide you with updates, including security updates that contain debuggings which keep the Platform in conformity with the subjective or objective requirements including legal, regulatory and judicial requirements for the period of your use of the Platform. TakeProfit shall inform you about the availability of updates with debuggings and the consequences of the failure to install such updates, as well as provide you with an installation instruction. This Section 12.1.3 does by no means limit your remedies for lack of conformity according to Section 12.2.

12.1.4. Modifications. TakeProfit may provide you with updates that contain modifications to the Platform beyond what is necessary to maintain conformity of the Platform. TakeProfit may make modifications if and to the extent that (a) functions of the Platform or parts thereof are no longer used to an extent that justifies their maintenance and continued operation, (b) new or amended legal, regulatory or judicial requirements would require adjustments of the Platform which would be economically unreasonable to TakeProfit, (c) changes in the technical conditions of the Platform environment or infrastructure that are beyond TakeProfit's control and that complicate maintenance and continued operations of the Platform to an extent which would be economically unreasonable to TakeProfit. TakeProfit shall inform you in a clear and comprehensible manner of the modification. If the modification negatively impacts your access to or use of the Platform, and the impact is not only minor, the following applies to such information: TakeProfit shall inform you via the Platform and/or email notification within a reasonable period of time of the features and time of the modification and bring to your attention if it is possible for you to maintain without additional cost the Platform without the modification or if it is not possible, you have the right to terminate these Terms of Use in accordance with Section 14.3.

12.2. Remedies for lack of conformity. In the event of a lack of conformity of the Platform, you are entitled to have the Platform brought into conformity with the conditions set out in these Terms of Use, e.g. via update. If (i) TakeProfit refuses or fails to achieve conformity within a reasonable period of time and without significant inconvenience to you, (ii) or where the lack of conformity is of such serious nature that it is unreasonable for you to apply for rectification first, you are entitled to (a) a proportionate reduction of the price, if any, for the period of time during which the digital content or digital service was not in conformity and (b) unless the lack of conformity is only minor, terminate the Plan in accordance with Section 14.4. A price reduction or refund is proportionate if it reflects the decrease in the value of the Platform compared to the value that the digital content or digital service would have if they were in conformity. This Section 12.2 does by no means restrict the possibilities to use other legal remedies arising from applicable laws.

12.3. To assert your rights under this Section 12, you can contact TakeProfit's customer support. The contact details for the customer support team are hi@takeprofit.com.

13. INTERRUPTION AND SUSPENSION OF THE PLATFORM

13.1. Interruption of the Platform. TakeProfit may interrupt the Platform if it is necessary for repairs, maintenance work or other similar actions, including security updates, in which case TakeProfit endeavors to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not possible due to the urgency of the reasons requiring interruption, without undue delay.

13.2. Suspension of the Platform. TakeProfit may suspend or restrict access to your User Account, at any time, either entirely or partly, including but not limited to:

13.2.1. you are not or no longer eligible to access the Platform;

13.2.2. you have not observed the limits of purpose and permitted use of your User Account as provided for in Section 7;

13.2.3. information provided in your User Account is untrue, inaccurate or incomplete;

13.2.4. you refuse to provide the required clarifications within the time requested;

13.2.5. you fail to pay any part of the Fee after having been notified of the failure;

13.2.6. your actions or omissions relating to the use of the Platform interfere with or prevent the normal operation of the Platform or otherwise cause, or are likely to cause, harm, damage or other detrimental effects to the Platform, TakeProfit or other Users of the Platform;

13.2.7. we have reasons to suspect that the credentials to your User Account have been wrongfully disclosed to an unauthorized third party and the Platform is being used under such credentials;

13.2.8. we have reasons to suspect that your User Account has been used for illegal, fraudulent or unauthorized purposes;

13.2.9. your actions or omissions endanger the security, integrity, operation or usability of the Platform;

13.2.10. you use the Platform in violation of any applicable laws, regulations or regulatory provisions;

13.2.11. you use the Platform in any other way in breach of these Terms of Use;

13.2.12. we reasonably believe that we are required to do by applicable law.

13.3. TakeProfit endeavors to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not possible due to the urgency of the reasons requiring interruption, without undue delay. Suspension of the User Account does not relieve you from the obligation to pay any applicable Fees as set out in Section 10. TakeProfit is not liable for any occurrences experienced by you due to the suspension.

14. TERM AND TERMINATION

14.1. Upon any access or use of the Platform, these Terms of Use remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.

14.2. The term of your paid subscription Plan pursuant to the Subscription Purchase will remain in effect for the period you made the payment for (for example, a month or a year), subject to any renewals made by you or automatically.

14.3. If a modification according to Section 12.1.4 negatively impacts your access to or use of the Platform and TakeProfit cannot prove that such negative impact is only minor and you are a consumer, you shall be entitled to terminate these Terms of Use within 30 (thirty) days of the receipt of the information about the modification pursuant to Section 12.1.4 or of the time when the modification has been supplied to you, whichever is later. If you are entitled to terminate these Terms of Use due to a lack of conformity, you may declare termination of these Terms of Use to TakeProfit.

14.4. Termination of the Plan.

14.4.1. You have the right to withdraw from the subscription of the Plan within a 14 (fourteen)-day cooling-off period after you have successfully subscribed to a Plan.

14.4.2. After the 14 (fourteen)-day cooling-off period, you may terminate your subscription to a Plan at any time and without giving any reasons via your User Account settings by choosing "Not to extend".

14.4.3. TakeProfit may, at its sole discretion, terminate your account and any subscription to a Plan which it suspects violates these Terms of Use, violations of applicable laws, security of the account or any other situation TakeProfit deems necessary for its own safety and integrity and/or its Users.

14.4.4. TakeProfit may terminate any subscription to a Plan under the same conditions described in Section 14.5.2.

14.4.5. Regardless of the Party initiating the termination, the termination of the subscription Plan will mean that your access to the Platform functions provided under the respective subscription Plan is terminated immediately, however you will still have access to your User Account. If the subscription Plan was terminated and a refund was not requested by the User, the subscription Plan will be terminated at the end of the term of the respective subscription Plan. Please note that the free Plan cannot be terminated. Termination of the subscription Plan will not cause data loss, meaning if you decide to conclude the Subscription Purchase in the future, the functions' metrics set up by you will continue working. For instructions on receiving a refund, please see the Refund Policy set out in Section 10.14. You agree that all such measures will be carried out by TakeProfit and that TakeProfit will not be liable to you or any third parties as a result of any such measure for any reason, to the extent this is permitted by applicable law.

14.5. Termination of the User Account.

14.5.1. If you have signed up with a username and password you may delete your User Account at any time and without giving any reasons via your User Account settings, where we have made this option available to you. Prior to deleting your User Account, we will ask you to disconnect any linked exchanges and close any open trades or bots. In case of termination, your User Account will be closed within 7 (seven) days provided that: (i) any disputes in which you have been involved have been satisfactorily resolved; and (ii) you have completed any other obligation(s) associated with your use of the Platform. Within those 7 (seven) days you may choose to reactivate your User Account by logging in and canceling the termination of the User Account. For accounts created by connecting your Facebook, Google or Apple accounts please contact support to request the deletion.

14.5.2. TakeProfit may terminate these Terms of Use with regard to you and delete your User Account by giving you 7 (seven) days prior notice by notifying you in the Platform. The User Account will be deleted at the end of the 7th (seventh) day in which the prior notice period expires.

14.5.3. TakeProfit reserves the right to terminate these Terms of Use and delete your User Account that has been inactive for 2 (two) years. Inactive is a User Account which has not been logged in for 2 (two) years and does not have any active subscriptions to Plans.

14.5.4. TakeProfit may terminate these Terms of Use with regard to you and delete your User Account effective immediately without prior notice if you have materially breached these Terms of Use. The following are considered material breach of the Terms of Use:

14.5.4.1 TakeProfit does not receive information TakeProfit requests from you or you provide TakeProfit with incorrect information;

14.5.4.2 you fail to submit evidence to support that your activities, funds or other resources are in compliance with law or do not violate sanctions;

14.5.4.3 in the reasonable opinion of TakeProfit, you or your activities are connected or there is a high risk of being connected to money laundering, sanctions, terrorism or any other illegal activity;

14.5.4.4 proceeding with the provision of services would constitute breach of any applicable legal requirements;

14.5.4.5 actions and inactions described in Sections 13.2.1–13.2.12 which give TakeProfit a right to suspend your account;

14.5.4.6 any breach of the Terms of Use if it cannot be remedied or in case it has not been remedied by you without delay after having been notified thereof by TakeProfit;

14.5.4.7 any other breach of the Terms of Use in case it is a material breach according to the Terms of Use or the applicable law.

14.6. Consequences of termination.

14.6.1. Regardless of the Party initiating the termination, the termination of the User Account will mean that: (i) concurrently with the termination of the User Account, also the Subscription Purchase (if relevant) will be terminated and thus your access to the Platform and products and services made available in connection therewith is revoked; (ii) you are prohibited from any further use of the Platform; and (iii) any and all data and information residing in your User Account or pertaining to activity from your account will be irretrievably deleted, except to the extent that we are obligated or permitted to retain such content, data or information in accordance with applicable laws and regulations. You agree that all such measures will be carried out by TakeProfit and that TakeProfit will not make itself liable to you or any third parties as a result of any such measure for any reason, to the extent this is permitted by applicable law. In case the termination has been initiated by TakeProfit due to your breach, you have no right to request any refund for any unused Plans.

14.6.2. When these Terms of Use are terminated or expire, all of the legal rights, obligations and liabilities that you and TakeProfit have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination including but not limited to Sections 1, 7, 10, 11, 15 to 20.

15. THIRD-PARTY SERVICES

15.1. The Platform may provide access to Third-Party Services for your use. Such Third-Party Services include but are not limited to "Indie Marketplace" and "WidgetHub".

15.1.1. Indie Marketplace. All of the trading indicators and scripts displayed on the Indie Marketplace are provided by third-party providers and not TakeProfit. Third-party providers publish trading indicators and scripts for informational purposes only, and do not publish advice about using cryptocurrency or trading cryptocurrency. While the Platform contains information on an algorithmic indicator created by third parties, it is not providing its subscribers any financial advice.

15.1.2. Past performances by the algorithmic indicator are not a guide to the future. For the avoidance of any doubt, the third-party providers and any associated companies, or employees, do not hold themselves out as commodity trading advisors or authorized financial advisors. Given this representation, all information, data and material provided by the providers and any associated companies, or employees, is for informational and educational purposes only and should not be considered specific investment advice.

15.1.3. WidgetHub. You can access the WidgetHub within our Platform, which provides a diverse array of applications, some are available for free and others for a price. These applications come from both in-house developers and third-party providers, offering a wide range of functionalities and services. All the third-party apps featured in the WidgetHub are developed and maintained by their respective creators and are not developed by TakeProfit.

15.1.4. While the Platform may include apps that incorporate various data and algorithms, they do not constitute financial advice or recommendations. TakeProfit is not responsible for the accuracy, reliability, or any consequences resulting from the use of these apps. They are intended for informational purposes only and should not be considered as a substitute for professional financial advice or judgment. We disclaim any liability for any losses, damages, or expenses that may arise from the use of these apps, whether in contractual agreements, due to negligence, or in any other manner, and whether directly or indirectly. Users are encouraged to exercise caution and conduct their own research and assessment before relying on any information or functionality provided by the apps available in the WidgetHub.

15.2. TakeProfit clarifies and you acknowledge that in case of Third-Party Services TakeProfit acts solely as a facilitator in connecting Users with service providers for the purpose of purchasing products or services. Your use of such Third-Party Services may be subject to additional terms and conditions provided by the applicable third-party. Any use by you of Third-Party Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions applicable to such Third-Party Services before using them. TakeProfit is in no way responsible for the content or the quality of the Third-Party Services or Third-Party Services providers. The relationship between you and any such third-party is strictly between you and such third-party, and TakeProfit is not obligated to intervene in any dispute arising between you and a third-party provider.

15.3. When required, payments for third parties shall be made by you in accordance with the payment terms specified in Section 10 to TakeProfit, who shall forward the respective payment to the relevant third-party in accordance with the conditions agreed between TakeProfit and the third party.

15.4. TakeProfit makes no representation regarding, nor does it warrant or assume any responsibility for, any Third-Party Service including, without limitation, their content or the manner in which they handle, protect, manage or process data or any interaction between you and the provider of such Third-Party Services. You acknowledge that TakeProfit has no control over Third-Party Services and will not be responsible or liable to you or anyone else for such Third-Party Services. The availability of Third-Party Services, or the integration or enabling of such Third-Party Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with TakeProfit. TakeProfit does not guarantee the availability of Third-Party Services and you acknowledge that TakeProfit may disable access to any Third-Party Services at any time in its sole discretion and without notice to you. If you are eligible for refund, please see the Refund Policy set out in Section 10.14. TakeProfit is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service.

15.5. You irrevocably waive any claim against TakeProfit with respect to such Third-Party Services. Under no circumstances is TakeProfit liable for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you in connection with the use of any Third-Party Services or your contractual relationship with any Third-Party Services providers, however caused and under any theory of liability including, but not limited to any loss of profit, lost opportunities, loss of data suffered, or other intangible loss.

15.6. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless TakeProfit, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of your use of the Third-Party Services or your relationship with Third-Party Services providers.

15.7. Links to third-party platforms and information. Certain information available via the Platform, Website and App may include information from third parties and some links on the Platform, Website and App may direct to third-party feeds, software, websites or mobile applications. Any such information and links are not under the control of TakeProfit, and TakeProfit is not responsible for the contents of any such third-party information and links, as they are furnished by TakeProfit on "as is" and "as available" basis for your convenience and information and must be used for informational purposes only. The inclusion of such information and links do not imply a recommendation or endorsement by us of any such third-party or the products or services or information offered therein.

15.8. TakeProfit disclaims any warranty or representation, either express or implied, that such information or links are accurate or complete. TakeProfit is not responsible for examining or evaluating the content or accuracy and TakeProfit shall not have any liability for any third-party materials or websites, or for any other materials, products, or services of third parties. TakeProfit is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party information or links.

16. PROCESSING OF PERSONAL DATA

16.1. TakeProfit processes your personal data to provide you access to the Platform, including all of the functionalities. If you have any questions regarding the processing of your personal data or wish to exercise your data subject rights, please contact us via email to hi@takeprofit.com.

17. AVAILABILITY OF THE PLATFORM

17.1. TakeProfit will endeavor to ensure that the Platform is always available; however, TakeProfit cannot give any assurance that the Platform will be available at all times. The Platform is provided "as is" and "as available". You do not have any right to the Platform and the functions offered being available at all times or to a specific availability being guaranteed by TakeProfit. TakeProfit is not obliged to ensure that the Platform can be accessed at all times without any interruptions or faults and does not assume any liability for this.

17.2. It may be that the Platform is not available in the following cases, for example, but not limited to:

17.2.1. if the defect or fault in the Platform provided via the Website results from you having amended or modified the Platform or in any way used the Platform outside the scope of its normal and intended access and its intended usage;

17.2.2. if the defect or fault in the Platform results from an issue with your device,

17.2.3. in case of technical malfunctions.

17.3. You may access and use the Platform through a mobile device and computer. As the Platform is provided over the Internet and mobile networks, the quality and availability of the Platform may be affected by factors outside our reasonable control. All of the Platform's functions may not be available on mobile devices. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Platform through a mobile device.

17.4. From time to time, Platform updates may require the platform to be taken offline for scheduled maintenance. Scheduled maintenance will be notified at least 12 hours in advance. In case of unexpected maintenance, you will be notified as soon as possible. Note that Third-Party Service providers may have different timelines for maintenance, we will try our best to inform you of those as soon as possible.

18. DISCLAIMERS

18.1 TAKEPROFIT'S SOLE ACTIVITY IS TO PROVIDE THE PLATFORM. TAKEPROFIT DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. TAKEPROFIT IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE PLATFORM SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY TAKEPROFIT OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY TAKEPROFIT. TAKEPROFIT DOES NOT PROVIDE ANY LICENSABLE SERVICES. IN CASE YOU FIND THAT ANY FUNCTIONALITY OR PART THEREOF PROVIDED IN THE TAKEPROFIT PLATFORM IS LICENSABLE IN YOUR JURISDICTION, YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOU ARE OBLIGED TO INFORM US OF SUCH CIRCUMSTANCE AND TERMINATE YOUR USE OF THE RESPECTIVE FUNCTIONALITY OR PART THEREOF. YOU ACKNOWLEDGE AND AGREE THAT TAKEPROFIT IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE PLATFORM. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE PLATFORM OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE PLATFORM ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE PLATFORM AT YOUR SOLE RISK.

18.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE PLATFORM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE". TAKEPROFIT, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR REQUIREMENT, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, TIMELINESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, DEFECTS-FREE, UNINTERRUPTED, THAT ANY KNOWN AND STILL NOT DETECTED DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE PLATFORM AT ANY TIME.

18.3 TAKEPROFIT WILL STRIVE TO ENSURE ACCURACY OF INFORMATION MADE AVAILABLE ON THIS WEBSITE AND THROUGH THE PLATFORM ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MISSING OR WRONG INFORMATION. NO CONTENT ON THE PLATFORM IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. TAKEPROFIT EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, CRYPTOCURRENCY OR OTHER INTEREST. CONTENT ON THE PLATFORM MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF TAKEPROFIT.

18.4 SOME CONTENT PROVIDED ON THE PLATFORM IS SUBMITTED TO TAKEPROFIT BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. ANY THIRD-PARTY CONTENT PROVIDED THROUGH THE PLATFORM IS INTENDED TO BE USED AND MUST BE USED FOR INFORMATIONAL PURPOSES ONLY. IT IS VERY IMPORTANT TO DO YOUR OWN ANALYSIS BEFORE MAKING ANY TRANSACTIONS BASED ON YOUR OWN PERSONAL CIRCUMSTANCES. YOU SHOULD TAKE INDEPENDENT FINANCIAL ADVICE FROM A PROFESSIONAL IN CONNECTION WITH, OR INDEPENDENTLY RESEARCH AND VERIFY, ANY INFORMATION THAT IS PROVIDED BY US OR THE THIRD PARTIES THAT YOU WISH TO RELY UPON, WHETHER FOR THE PURPOSE OF MAKING A TRANSACTION DECISION OR OTHERWISE. ANY CONTENT, DATA, INFORMATION, OR PUBLICATIONS MADE AVAILABLE THROUGH THE PLATFORM ARE FURNISHED BY US ON AN "AS IS" BASIS FOR YOUR CONVENIENCE AND INFORMATION. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION MADE AVAILABLE BY THIRD PARTIES ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR PUBLISHER(S), AND NOT OF TAKEPROFIT. SUCH INFORMATION SHOULD NOT BE INTERPRETED AS APPROVAL BY TAKEPROFIT OF THE SERVICES, CONTENT OR INFORMATION YOU MAY OBTAIN FROM THEM. TAKEPROFIT HAS NO CONTROL OVER THE SERVICES, CONTENT OR INFORMATION OF THESE RESOURCES. TAKEPROFIT DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, OF THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY SERVICE, CONTENT OR INFORMATION PROVIDED BY A THIRD PARTY ON THE PLATFORM, OR THAT ANY SERVICE, CONTENT OR INFORMATION IS FIT FOR ANY OF YOUR INTENDED PURPOSES. THE PERFORMANCE OF THE PLATFORM IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. TAKEPROFIT DISCLAIMS ALL RESPONSIBILITY FOR NON-PERFORMANCE OF THE PLATFORM CAUSED BY NON-PERFORMANCE OF UNRELATED THIRD-PARTY SERVICES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18.5 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES, FOREX, EQUITIES, COMMODITIES, AND OTHER FINANCIAL INSTRUMENTS INVOLVE SUBSTANTIAL RISK. CRYPTOCURRENCIES IN PARTICULAR ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. PLEASE BE ADVISED THAT THE USE OF CRYPTOCURRENCIES AND BLOCKCHAIN TECHNOLOGY IS A CONSTANTLY EVOLVING FIELD. IT IS IMPORTANT TO NOTE THAT THERE MAY BE RISKS ASSOCIATED WITH THESE TECHNOLOGIES THAT ARE NOT YET KNOWN OR IDENTIFIED. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE PLATFORM, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, FOREX, EQUITIES, COMMODITIES, AND OTHER FINANCIAL INSTRUMENTS, INCLUDING THOSE THAT TAKEPROFIT CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN. EVEN WHEN RISKS ARE ANTICIPATED AND DISCLOSED, WE CANNOT ACCEPT RESPONSIBILITY FOR ANY LOSSES OR ADVERSE OUTCOMES THAT MAY OCCUR DUE TO YOUR USE OF THE PLATFORM.

18.6 WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAKEPROFIT, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR OR TAKEPROFIT'S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL INCLUDING BUT NOT LIMITED TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY PLATFORM LINKED TO IT.

18.7 NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS AGREEMENT, IN NO EVENT SHALL TAKEPROFIT BE LIABLE FOR ANY LOSSES, DAMAGES, OR LIABILITIES ARISING FROM FORESEEN RISKS ASSOCIATED WITH THE USE OF THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ANY POTENTIAL LOSS OR ADVERSE OUTCOME RESULTING FROM YOUR USE OF THE PLATFORM. THIS LIMITATION OF LIABILITY APPLIES TO BOTH ANTICIPATED AND UNANTICIPATED RISKS, EVEN IF TAKEPROFIT HAD PRIOR KNOWLEDGE OF SUCH RISKS. YOU EXPRESSLY WAIVE ANY CLAIM AGAINST TAKEPROFIT AND AGREE TO INDEMNIFY AND HOLD TAKEPROFIT HARMLESS FROM ANY CLAIMS, DAMAGES, OR ACTIONS ARISING FROM YOUR USE OF THE PLATFORM.

18.8 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE DISCLAIMERS DO NOT APPLY IN CASES WHERE DAMAGE IS CAUSED BY TAKEPROFIT INTENTIONALLY OR DUE TO GROSS NEGLIGENCE.

18.9 THE INFORMATION AND PUBLICATIONS AVAILABLE ON OR THROUGH THE PLATFORM ARE NOT MEANT TO BE, AND DO NOT CONSTITUTE, FINANCIAL, INVESTMENT, TRADING, OR OTHER TYPES OF ADVICE OR RECOMMENDATIONS SUPPLIED OR ENDORSED BY TAKEPROFIT. ANY STATEMENT OF VIEW (WHICH MAY BE SUBJECT TO CHANGE WITHOUT NOTICE) IS THE AUTHOR'S PERSONAL OPINION, AND THE AUTHOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR ANALYSIS PROVIDED. THE AUTHORS AND TAKEPROFIT ARE NOT LIABLE FOR ANY LOSSES INCURRED AS A RESULT OF ANY INVESTMENT MADE ON THE BASIS OF ANY PERCEIVED RECOMMENDATION, FORECAST, OR OTHER INFORMATION PRESENTED ON THE PLATFORM. THE CONTENTS OF THESE PUBLICATIONS SHOULD NOT BE INTERPRETED AS AN EXPRESS OR IMPLICIT PROMISE, GUARANTEE, OR INDICATION BY TAKEPROFIT THAT CUSTOMERS WILL PROFIT OR THAT LOSSES IN CONNECTION WITH THEM CAN OR WILL BE LIMITED IF THEY RELY ON THE INFORMATION PROVIDED.

19. LIMITATION OF LIABILITY

19.1. TakeProfit does not make any warranties or representations other than those explicitly mentioned in these Terms of Use. The Platform has not been developed to meet your individual needs.

19.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAKEPROFIT AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.

19.3 TAKEPROFIT'S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE FEES PAID BY YOU TO US OVER THE 12 (TWELVE) MONTH PERIOD PRECEDING THE CLAIM BY YOU.

19.4. These limitations of liability in this Section 19 do not apply in cases where damage is caused by TakeProfit intentionally or due to gross negligence.

20. INDEMNIFICATION

20.1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless TakeProfit, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Use or your use of the Platform, including, but not limited to, your submissions, third-party platforms, any use of the intellectual property, services, and products other than as expressly authorized in these Terms of Use.

21. SUPPORT AND REPORTING

21.1. Should you become aware of misuse of the Platform including libelous or defamatory conduct, you must report it to TakeProfit. We recommend contacting us for assistance if you experience any issues with the Platform or report in the following ways:

21.1.1. by accessing TakeProfit Help Center;

21.1.2. by requesting assistance via the "Support" form embedded into the Platform (when logged in to your User Account);

21.1.3. by sending an email to hi@takeprofit.com.

22. MISCELLANEOUS

22.1. Entire agreement. Other than as explicitly agreed upon in writing between you and TakeProfit, these Terms of Use, including any policies or documents incorporated by reference in these Terms of Use, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede any prior agreements in relation to the subject matter of these Terms of Use.

22.2. Non-waiver of rights. If a Party does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the Party.

22.3. Severability. If any provision of these Terms of Use is, for any reason or to any extent, held to be illegal, invalid or unenforceable, then that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision and the remaining provisions of these Terms of Use will remain in full force and effect.

22.4. Language. These Terms of Use are concluded in English; however, these Terms of Use may be available in other languages than English. In the event of any inconsistencies between the English version and the translation, the most current English version of the Terms of Use will prevail. Any disputes arising out of these Terms of Use will be resolved in English unless otherwise determined by TakeProfit (acting at its sole discretion) or as required by applicable law.

22.5. Independent contractors. The relationship between the Parties is that of independent contractors. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.

22.6. Assignment. You may not assign or transfer any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section 22.6 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

22.7. TakeProfit may transfer its rights and obligations under these Terms of Use to a third party. In this case, TakeProfit will inform you in advance of the transfer to the third party accordingly in the Platform. You will have the right to terminate the User Account immediately if you do not agree to the transfer.

23. GOVERNING LAW

23.1. These Terms of Use and any Dispute arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

24. ARBITRATION AGREEMENT

24.1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and TakeProfit agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the TakeProfit website located at takeprofit.com (and all associated sites linked to it) and/or of the TakeProfit services, any communications you receive, and/or the Terms of Use and prior versions of the Terms of Use (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (1) you and TakeProfit may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or TakeProfit may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arise from or involve facts occurring before the existence of this or any prior versions of the Terms of Use, unless those disputes were noticed prior to these Terms of Use, as well as claims that may arise after the termination of these Terms of Use.

24.2 WAIVER OF JURY TRIAL. YOU AND TAKEPROFIT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND TAKEPROFIT ARE INSTEAD ELECTING THAT ALL DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT, EXCEPT AS SPECIFIED IN THE SUBSECTION ENTITLED "APPLICABILITY OF ARBITRATION AGREEMENT" ABOVE. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO VERY LIMITED REVIEW.

24.3 WAIVER OF CLASS AND OTHER NON-INDIVIDUALIZED RELIEF. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. SUBJECT TO THIS ARBITRATION AGREEMENT, THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE PARTY'S INDIVIDUAL CLAIM. NOTHING IN THIS PARAGRAPH IS INTENDED TO, NOR SHALL IT, AFFECT THE TERMS AND CONDITIONS UNDER SUBSECTION 24.6 BELOW ENTITLED "BATCH ARBITRATION." NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, IF A FINAL DECISION, NOT SUBJECT TO ANY FURTHER APPEAL OR RECOURSE, DETERMINES THAT THE LIMITATIONS OF THIS SUBSECTION, "WAIVER OF CLASS AND OTHER NON-INDIVIDUALIZED RELIEF", ARE INVALID OR UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), YOU AND TAKEPROFIT AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF) SHALL BE SEVERED FROM THE ARBITRATION AND MAY BE LITIGATED IN THE STATE OR FEDERAL COURTS LOCATED IN DELAWARE. ALL OTHER DISPUTES SHALL BE ARBITRATED OR LITIGATED IN SMALL CLAIMS COURT. THIS SUBSECTION DOES NOT PREVENT YOU OR TAKEPROFIT FROM PARTICIPATING IN A CLASS-WIDE OR MASS SETTLEMENT OF CLAIMS.

24.4. Rules and Forum. The Terms of Use evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. Section 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. The arbitration will be administered by the National Arbitration & Mediation ("NAM") in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Comprehensive Rules") in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules"; together with the NAM Comprehensive Rules, the "NAM Rules"), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Demand"). The Demand must include: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; and (4) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to TakeProfit should be sent by email to hi@takeprofit.com or regular mail to our offices located at 1111B S Governors Ave, Dover, DE 19904, USA. TakeProfit will provide the Demand to your email address on file. Unless you and TakeProfit otherwise agree, or the Batch Arbitration process discussed in subsection 24.6 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the "Fee Schedules"), unless otherwise stated in this Agreement to Arbitrate. The arbitration will be conducted in the English language by a single arbitrator. The arbitrator will be either a retired judge or an attorney and will be selected by the parties from the NAM's roster of consumer dispute arbitrators, provided that if the Batch Arbitration process is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment. If we are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules.

24.5. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled "Waiver of Class and Other Non-Individualized Relief," including any claim that all or part of the subsection entitled "Waiver of Class and Other Non-Individualized Relief" is unenforceable, illegal, void or voidable, or that such subsection entitled "Waiver of Class and Other Non-Individualized Relief" has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

24.6. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and TakeProfit agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against TakeProfit by or with the assistance of the same law firm, group of law firms, or organizations ("Claimant's Counsel"), within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled ("Batch Arbitration"). NAM shall administer all batches concurrently, to the extent possible. All parties agree that Demands are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the "Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by TakeProfit. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

24.7. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: hi@takeprofit.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your TakeProfit account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or TakeProfit's rights. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.

24.8. Invalidity, Expiration. Except as provided in the subsection entitled "Waiver of Class or Other Non-Individualized Relief," if any part or parts of this Arbitration Agreement (other than subsection 24.6) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if subsection 24.6 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Delaware. You further agree that any Dispute that you have with TakeProfit as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitations for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitations will apply to such arbitration in the same manner as those statutes of limitations would apply in the applicable court of competent jurisdiction.

24.9. Modification. You and we agree that TakeProfit retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at and you should check for updates regularly. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if TakeProfit makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the TakeProfit website and/or services following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms of Use with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. TakeProfit will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms of Use.

24.10. Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in Delaware (except for small claims court actions which may be brought in the county where you reside).

24.11. Governing Law – Dispute Resolution (Rest of the World). If you are a consumer resident in a jurisdiction where mandatory consumer protection laws apply, nothing in these Terms of Use shall limit your rights under such laws. In such cases, mandatory provisions of your local law may apply in addition to Delaware law.

25. CHANGES TO THE TERMS OF USE

25.1. TakeProfit may change these Terms of Use, including all policies incorporated herein. TakeProfit will inform you of the changes that materially adversely affect your use of the Platform via the email set forth in the User Account at least 14 (fourteen) days prior to the date the updated version of these Terms of Use becomes effective. The updated version of these Terms of Use will be published on the Website.

25.2. TakeProfit reserves the right to change these Terms of Use with the following types of changes via the Platform without providing you with a prior notice:

25.2.1. if the change to the Terms of Use is only advantageous for you;

25.2.2. if the change relates solely to new services, functionalities or service components, and does not result in any change to the existing contractual relationship for you;

25.2.3. if the change is necessary to harmonize the Terms of Use with the applicable statutory requirements, in particular in the event of a change in the applicable law, and if the change does not have any material detrimental effects on you; or

25.2.4. if TakeProfit is obliged to implement the change in order to comply with a court judgment that is binding for TakeProfit or with a binding decision by an authority, and if the change does not have any material detrimental effects on you.

25.3. Your continued access to the Platform after the changes to the Terms of Use become effective, constitutes your acceptance of the changes and consent to be bound by the updated version of the Terms of Use. In case you do not agree with the changes, you must delete your User Account as stipulated in Section 14.5.1.

26. NOTICES

26.1. Notices to you will be provided (i) within the Platform interface; and (ii) via email to the email address set forth in the User Account. It is your responsibility to keep your email address up to date and check for incoming messages regularly. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting.

26.2. Notices to TakeProfit will be provided via email at hi@takeprofit.com.

26.3. To request the consent of TakeProfit for any of the actions for which such consent is required under these Terms of Use, please send an email to hi@takeprofit.com. TakeProfit reserves the right to refuse any such requests in its sole discretion.

27. COMPLIANCE

27.1. By accessing and using TakeProfit Platform, you represent and warrant that:

27.1.1. you are not and have not been subject to trade embargos or any sanctions imposed by authorities, including, but not limited to:

27.1.2. restrictive measures of the European Union;

27.1.3. sanctions of the United Nations;

27.1.4. sanctions of the British Virgin Islands;

27.1.5. the list of specially designated nationals (SDN) maintained by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury;

27.1.6. the denied persons list of the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce;

27.1.7. lists of subjects to financial sanctions maintained by the UK Office of Financial Sanctions Implementation (OFSI);

27.1.8. your use of and access to TakeProfit Platform does not violate or circumvent international sanctions or restrictive measures established by the European Union, United Nations, United States of America, United Kingdom or other national or international sanctions applicable in the British Virgin Islands;

27.1.9. you are not located, incorporated, otherwise established in, a citizen of, or resident of, or have business operations in any country or region subject to a sanction regime (including sectoral sanctions) imposed by the EU, the UN, UK, US or the British Virgin Islands;

27.1.10. you are using funds through TakeProfit Platform that belong to you and are derived from legal sources;

27.1.11. you are not using funds through TakeProfit Platform that originated in any way through drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any relevant authority;

27.1.12. you are not a politically exposed person and do not have a relationship (e.g. relative, associate, etc.) with a politically exposed person. If this statement is untrue or inaccurate, please contact TakeProfit in order to understand how to continue using the Platform;

27.2. We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, at our sole discretion, the provision of TakeProfit Platform in certain countries or regions, including those not listed in Section 27.1.9.

27.3. If you become subject to national or international sanctions, including sectoral sanctions, you are obliged to immediately stop using our Platform and notify us.

27.4. Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend or restrict the provision of TakeProfit Platform to you as well as to terminate your right to use TakeProfit Platform in case:

27.4.1. you become a subject of national or international sanctions;

27.4.2. providing the Platform to you is considered a violation or circumvention of national or international sanctions;

27.4.3. you are, according to our assessment, related to a territory, area of activity, transaction or person subject to national or international sanctions;

27.4.4. any circumstances set out in Section 27.1 exist; or

27.4.5. we apply our right referred to in Section 27.2.

28. HYPOTHETICAL PERFORMANCE RESULTS

28.1. Hypothetical performance results have many inherent limitations, some of which are mentioned below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program.

28.2. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses is a material point, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

29. HYPOTHETICAL PERFORMANCE DISCLAIMER

29.1. All performance claims found on TakeProfit about trading systems or strategies must be regarded as hypothetical. Use of TakeProfit to offer or subscribe to a trading system or strategy indicates you agree to our Terms & Conditions. Before using any systems or strategies listed on TakeProfit you should be aware that there is often a vast difference between hypothetical results, and real-life trading results achievable in a real brokerage account, and real-life results are almost always vastly worse than hypothetical results. Performance results for systems and strategies listed on TakeProfit do not take into account fees, spreads and/or trading commissions that may be charged by your broker or a money manager. Please consult with your broker for information on these costs.

29.2 HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES IS A MATERIAL POINT, WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

30. USER DATA OWNERSHIP

30.1. User data. All User data remains the property of the User. TakeProfit does not acquire ownership of such data. However, you grant TakeProfit a limited license to process and use such data as necessary to provide, maintain, and improve the Platform in accordance with these Terms of Use.

30.2. Aggregated data. TakeProfit may create and use aggregated, anonymized, and de-identified data derived from User data ("Aggregated Data") for any lawful purpose, including improving the Platform, analytics, and research. Aggregated Data will not identify you or any individual user.

31. NON-PROFESSIONAL SUBSCRIBER STATUS

31.1. In our role as a vendor providing official real-time market data sourced from exchanges (such as Nasdaq) to end users, we have an obligation to ascertain the status of each Subscriber. Should you be in the process of subscribing to market data on TakeProfit.com as a 'Non-Professional,' you affirm the following:

31.1.1. You exclusively employ market data for personal use, devoid of any commercial or organizational application.

31.1.2. You are neither registered nor qualified with the Securities Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC).

31.1.3. You have no affiliations with any securities agency, securities exchange, association, or regulatory body, anywhere in the world.

31.1.4. Your activities do not parallel those requiring an individual's registration or qualification with the SEC, CFTC, other securities agencies, securities exchanges, associations, regulatory bodies, commodities or futures contract markets, or respective associations and regulatory bodies.

31.1.5. Your role does not encompass being an investment advisor (as delineated in Section 202 (a) (11) of the Investment Advisor's Act of 1940), nor are you an asset manager. Furthermore, you do not furnish investment advice to individuals or entities.

31.1.6. Your subscription is not undertaken in the capacity of a principal, officer, partner, employee, or agent of any business, nor on behalf of any other individual.

31.1.7. Your trading activities are conducted using personal capital, without financial backing from external individuals or entities. Your trading operations are not executed for the benefit of a corporation, partnership, or any other entity.

31.1.8. You have not entered into any agreement to share trading profits or receive compensation for your trading activities.

31.1.9. You are not receiving office space, equipment, or any other perks in exchange for your trading activities or financial consultation services rendered to individuals, firms, or business entities.

32. REFERRAL PROGRAM TERMS AND CONDITIONS

32.1. By participating in our Referral Program, you agree to the following terms and conditions.

32.2. Eligibility. Anyone who adheres to these terms and conditions can become a participant in the TakeProfit Referral Program.

32.3. Registration. Register for a free TakeProfit account to join the Referral Program. Upon signing up, the user automatically accepts the Referral Program rules as part of TakeProfit's Terms of Service.

32.4. Referral Process. To earn commissions, the referred user must use your custom referral link to visit the TakeProfit website. The referred user must be a new user to TakeProfit. The referred user must make a purchase and not cancel their subscription or initiate a chargeback.

32.5. Commission Model. Participants will receive a percentage of the new subscription revenue generated from their referrals, which may change from time to time. There is no limit on the number of referrals. Participants will receive a lifetime commission as long as their referral remains a TakeProfit customer and from all sources, including but not limited to selling developments in the Marketplace of Indicators, selling paid content, etc.

32.6. Tracking and Payouts. Users are tracked for 90 days after the initial referral. Payouts have a 2-month delay to prevent fraud. There is a payout threshold of $100. Affiliates must earn $100 or more to trigger a payout.

32.7. Referral Count vs. Confirmed Referrals. "Referral count" includes all purchases made with your link. "Confirmed referrals" only include purchases that have not been refunded, canceled, or subjected to chargebacks.

32.8. Upgrade Policy. The revenue share applies only to the first purchase. No commission is provided for plan upgrades.

32.9. Payment Method. Affiliates receive payments via Stripe; for alternative payment methods, contact us at hi@takeprofit.com.

32.10. Marketing Support. TakeProfit provides marketing materials, including website banners, to assist in promotion efforts.

32.11. Termination of Participation. TakeProfit reserves the right to terminate a participant's involvement in the Referral Program for any violation of these terms.

32.12. Prohibited Activities. By participating in the TakeProfit Referral Program, you agree not to engage in the following activities:

32.12.1. Spamming and Unsolicited Emails: Attempting to acquire referees through spamming, bulk emailing, or sending large numbers of unsolicited emails. Only individuals you know personally should be the recipients of your emails.

32.12.2. Misuse of TakeProfit Intellectual Property: Using, displaying, or manipulating TakeProfit's intellectual property, including logos, trademarks, and copyright-protected works, in any manner, except to identify yourself as a TakeProfit user or referrer.

32.12.3. Creation of Confusing Entities: Creating or registering any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include the term "TakeProfit" or any other trademarks owned by TakeProfit, or any words that are confusingly similar to TakeProfit trademarks.

32.12.4. Purchase of Trademarked Keywords: Purchasing keywords (including, but not limited to, Google AdWords) that contain any of TakeProfit trademarks.

32.12.5. Use of Automated Systems or Bots: Utilizing automated systems or bots through any channel to distribute, post, or otherwise share your referral link.

32.12.6. Use of Scripts or Automatic Dialers: Using scripts or programmed automatic dialers to send invites or otherwise share your referral link.

32.12.7. Misleading Claims and Offensive Content: Making misleading claims about TakeProfit, using offensive or abusive content, creating fake websites, webpages, social media profiles, apps, misrepresenting your connection to TakeProfit, or otherwise making any false or misleading statements to encourage referees to use your link.

32.12.8. Violation of Laws and Community Rules: Using your referral link in any manner that violates the law or TakeProfit Community Rules.

Engaging in these prohibited activities may result in the termination of your participation in the TakeProfit Referral Program. If you have any concerns or questions regarding these activities, please contact us at hi@takeprofit.com.

33. MARKETPLACE AND INDICATORS

33.1. By publishing your indicators at TakeProfit's Marketplace, you confirm that you have all intellectual property rights to your indicator. If you use third-party materials, you confirm that you have the right to distribute them in your indicator. You agree not to submit copyrighted, trade secret, or other third-party proprietary material, including patent, privacy, and publicity rights, unless you own the rights or have permission from the rightful owner.

33.2. By using the Marketplace publishing feature, you grant us a world-wide, irrevocable, perpetual, royalty-free license to:

33.2.1. publish this script as well as the username of the author;

33.2.2. disclose the source code of the script for open scripts;

33.2.3. perform, display, use and make available your open or protected script for any user or an invite-only script for any user that received an invite.

33.3. You can publish the script under any license. If you do not include the license in the comment section of a script, you agree that your script is licensed under the MIT License.

33.4. TakeProfit is not responsible for how your indicators are used or misused by others. TakeProfit is also not responsible for how you use or misuse other users' indicators.

33.5. TakeProfit may review and remove your indicator without notice if we reasonably believe that you have violated these terms.

33.6. TakeProfit charges a commission on the sale of your indicator which can change from time to time, except in cases where the Seller is a participant in the Referral Program.

34. ATTRIBUTION POLICY

34.1. TakeProfit grants users the right to use snapshots of the TakeProfit workspace, widgets, and charts in analysis, press releases, articles, blog posts, and other publications. TakeProfit also grants the right to use TakeProfit charts in education sessions, streams, and video podcasts. However, TakeProfit must be clearly visible at all times when its charts, widgets, and workspaces are used.

34.2. Attribution must include a reference to TakeProfit, such as "TakeProfit charts/Charts by TakeProfit" or "TakeProfit widgets." The use of TakeProfit products outside of the TakeProfit platform or website is not allowed without proper attribution. If a user violates this policy, they may be banned permanently and may face legal action.

35. CALIFORNIA USERS

35.1. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

36. COPYRIGHT INFRINGEMENT / DMCA

36.1. We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.

37. CONTACT US

TakeProfit Inc.

1111B S Governors Ave, STE 6447, Dover, DE 19904, United States

hi@takeprofit.com