Last updated: September 5, 2024

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Client,” “you”), and Trading Passive (“Provider,” “we,” “us”), concerning your access to and use of our services, including access to our Virtual Private Server (VPS), pre-configured trading bots, and associated services (collectively referred to as “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with all of these Terms, you must discontinue use immediately.

2. Eligibility and Account Registration
   

2.1 Eligibility
By using our Services, you confirm that you are at least 18 years of age and have the legal capacity to enter into this agreement. You further confirm that you are not barred from using the Services under any applicable laws.

2.2 Account Registration
To access the Services, you must register for an account. You are responsible for maintaining the confidentiality of your account information, including passwords. You agree to notify us immediately of any unauthorized access to your account. Trading Passive reserves the right to suspend or terminate your account for any reason at any time, especially if you provide inaccurate or misleading information.

3. Services Provided
   

3.1 VPS and Trading Bot Access
Trading Passive provides you with access to a VPS hosting our proprietary trading bots. These bots are pre-configured with specific trading strategies developed by us, and they operate autonomously based on set parameters. You acknowledge that you are not granted access to the source code, algorithm, or proprietary technology.

3.2 License to Use
You are granted a limited, non-transferable, non-exclusive license to access and use the VPS and trading bots for your personal or internal business purposes. You agree not to sublicense, lease, distribute, or otherwise exploit the Services for commercial purposes.

3.3 Risk Management
The Client is allowed to configure risk management parameters as per the guidelines provided. However, all financial outcomes, including profits and losses, are the sole responsibility of the Client. Trading Passive does not offer advice or recommendations regarding risk settings.

4. Fees and Payment Terms

4.1 One-Time Setup and Maintenance Fees
Clients are required to pay an initial setup fee to gain access to the VPS and trading bots. Additionally, an annual maintenance fee is required to continue accessing the Services. These fees are non-refundable after 30 days of initial payment, as per our Refund Policy (see Section 5).

4.2 Payment Methods
We accept payment via credit card, wire transfers, and other payment methods as outlined on our website. By providing payment information, you confirm that you are authorized to use the payment method and that the information provided is complete and accurate.

4.3 Automatic Renewal
Unless canceled, your subscription will automatically renew at the end of each billing cycle. By continuing to use our Services, you authorize us to charge the payment method on file for renewal fees.

5. Refund Policy

5.1 30-Day Money-Back Guarantee
Clients are entitled to a full refund if they cancel their subscription within 30 days of initial activation, subject to a $100 administrative fee. To request a refund, the Client must submit a written cancellation request to cs@tradingpassive.com. Refunds will be processed within 14 business days of receiving the cancellation request.

5.2 No Refunds after 30 Days
After 30 days from the initial activation of the Services, all fees paid are non-refundable. This includes, but is not limited to, fees for the VPS setup, annual maintenance, and other associated services.

6. Intellectual Property Rights

6.1 Ownership
All intellectual property rights in and to the Services, including but not limited to the trading bots, VPS configuration, algorithms, software, designs, and any associated content, are the exclusive property of Trading Passive. Clients are granted no ownership rights to any of these elements.

6.2 Prohibited Activities
Clients agree not to reverse-engineer, decompile, or attempt to discover the source code of the trading bots or any other proprietary software provided. Any violation of this clause will result in immediate termination of access and may lead to legal action.

6.3 Client Data
Clients retain ownership of all trading data generated by their accounts. However, Trading Passive reserves the right to anonymize and use such data for statistical purposes, performance evaluation, and improvement of services.

7. No Investment Advice

7.1 Automated Trading
Trading Passive offers purely automated trading solutions and does not provide personalized investment advice. The trading bots operate based on predefined algorithms, and you are solely responsible for determining the appropriateness of using our Services for your financial situation.

7.2 Risk of Loss
You acknowledge that trading in financial markets carries inherent risks, including the possibility of a total loss of capital. Trading Passive does not guarantee profits or positive outcomes. The Client accepts full responsibility for the risks associated with the use of the trading bots.

8. Liability and Disclaimer of Warranties

8.1 Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis without any representations or warranties of any kind. Trading Passive does not warrant that the Services will be uninterrupted or error-free, nor do we guarantee specific financial outcomes from using our trading bots.

8.2 Limitation of Liability
To the maximum extent permitted by law, Trading Passive shall not be liable for any direct, indirect, incidental, or consequential damages, including but not limited to financial losses, trading losses, or lost profits arising from the use of our Services. Clients acknowledge and accept that they use the Services at their own risk.

9. User Conduct

9.1 Prohibited Conduct
You agree not to:

• Use the Services for any illegal purpose.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Attempt to gain unauthorized access to any part of the Services, including other Clients’ accounts or data.
• Use automated systems, including but not limited to “bots,” to interact with the Services in a way not authorized by Trading Passive.

9.2 Suspension and Termination
Trading Passive reserves the right to suspend or terminate your account if you engage in any prohibited conduct or violate any provision of these Terms.

10. Third-Party Services

10.1 Brokerage Services
Clients are responsible for selecting and managing their brokerage accounts independently. Trading Passive does not provide brokerage services and is not responsible for any actions taken by your selected broker. All trades executed by our bots are done through your broker, and we have no control over the execution quality, pricing, or any other aspect of the broker’s service.

10.2 Integration with Third-Party Tools
We may integrate with third-party services for purposes such as data collection, payment processing, or additional functionality. Trading Passive is not responsible for the privacy practices or content of third-party services.

11. Dispute Resolution

11.1 Arbitration
Any disputes arising from these Terms or your use of the Services will be resolved through binding arbitration under the laws of Mauritius. Arbitration will be conducted by the Mauritius Chamber of Commerce and Industry (MCCI) in Ebene, Mauritius. By using the Services, you waive your right to a trial by jury or participation in a class-action lawsuit.

11.2 Governing Law
These Terms are governed by and construed in accordance with the laws of Mauritius. Any disputes that cannot be resolved through arbitration will be submitted to the exclusive jurisdiction of the courts in Mauritius.

12. Modifications to Services and Terms

Trading Passive reserves the right to modify or discontinue any part of the Services at any time without notice. We also reserve the right to update these Terms at our discretion. Clients will be notified of significant changes via email or website updates. Continued use of the Services following such changes constitutes acceptance of the updated Terms.

13. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data. You agree to review our Privacy Policy, which is incorporated into these Terms by reference.

14. Termination of Services

14.1 Termination by Client
You may terminate your account and stop using the Services at any time by providing 30 days’ written notice to Trading Passive.

14.2 Termination by Trading Passive
We may terminate your access to the Services immediately if you violate these Terms or engage in fraudulent, abusive, or illegal activity. Upon termination, you will lose access to the VPS and trading bots.

15. Miscellaneous

15.1 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by Trading Passive, constitute the entire agreement between you and Trading Passive concerning your use of the Services.

15.2 Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will continue in full force and effect.

15.3 No Waiver
Trading Passive’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing.

Contact Us
If you have any questions about these Terms, please contact us at cs@tradingpassive.com or through our website.