Chartlab application terms of use

§ 1 Subject and scope

  1. These Terms of Use shall govern the use of services provided by Chartlab through a web application available at http://app.chartlab.net.
  2. Terms of Use as defined below shall be binding to any person using the services of Chartlab.
  3. By accepting these Terms of Use, the User agrees to accept all of the terms and conditions contained herein as well as to be bound by them.

§ 2 Definitions

  1. In these Terms of Use:
    1. Service Provider – shall mean Black Label (creators of Chartlab) with its registered office in Cieszyn (Poland), ul. gen. J. Hallera 31;
    2. Service – shall mean the access to the Application in accordance with these Terms of Use;
    3. Application – shall mean any software installed on the Service Provider’s servers that the User may access by logging using a web browser supporting HTTP or HTTPs protocol;
    4. User – shall mean a person capable of incurring liabilities and acquiring rights in their own name, who, by completing an electronic registration form available on the Service Provider’s websites, orders the Service from the Service Provider;
    5. Account – shall mean any individual User’s account, available after logging, allowing the use of the Service;
    6. Terms of Use – shall mean these Service Terms of Use;
    7. Registration – shall mean completion by the User of a registration form available on the Service Provider’s websites and its transmission to the Service Provider;
    8. Complaint – shall mean a User’s complaint notice regarding the Service’s non-conformity with the Agreement forwarded to the Service Provider.
    9. Party – shall mean the Service Provider and the User;
    10. Agreement – shall mean the Service Agreement;
  2. All references to the singular herein shall also mean the plural and to the plural shall also mean the singular unless the context requires otherwise.

§ 3 Service Agreement

  1. Conclusion of the Agreement shall be possible only for those persons who have completed the Registration procedure, agreed to the Terms of Use, given their consent to their personal data to be processed and who have agreed to receive information from the Service Provider, including commercial information of both the Service Provider and third parties.
  2. Registration shall mean the placing of a Service order. The Agreement shall be deemed concluded upon sending by the User of information as per § 4 para. 6 of the Terms of Use.
  3. This Agreement shall be concluded for an indefinite period.

§ 4 Registration

  1. In order to complete the Registration procedure, the User will have to select the option “Sign in” on the http://app.chartlab.net website and to complete the registration form filling in all fields marked as obligatory.
  2. When completing the registration form, the User shall give their consent to their personal data to be processed and agree to receive information from the Service Provider, including commercial information of both the Service Provider and third parties. Giving such a consent shall be optional, however, User’s failure to do so may result in the Service Provider’s inability to provide the Service.
  3. By providing the access to the registration form the Service Provider indicates what personal data of the User is required for the conclusion of the Agreement. Provision of such data shall be optional, however, User’s failure to do so may result in the Service Provider’s inability to provide the Service.
  4. By completing the Registration procedure, the User declares that:
    1. the data provided by them is accurate and correct,
    2. the data provided by them does not violate any third party’s rights,
    3. they have read and understood the Terms of Use and agree to be bound by them,
    4. they agree to processing of their personal data,
    5. they agree to receive messages and information under these Terms of Use.
  5. After receiving a correctly completed registration form, the Service Provider will verify whether its content is true and accurate and will send an activation link to the User’s e-mail address. After the User confirms their data by clicking on the activation link, the Service Provider shall send them a notice that the Registration has been successfully completed.
  6. A correctly completed registration form sent to the Service Provider will be registered in the Service Provider’s database.

§ 5 Technical requirements

  1. Technical requirements of the Service:
    1. Internet connection,
    2. use of the newest Chrome, Safari or Firefox browser,
    3. proper functioning of JavaScript components,
    4. acceptance of cookies.
  2. The User shall access the Application after logging with their e-mail address and password provided at Registration.
  3. In order to deliver the Service, the Service Provider uses the so-called cookies, or information registered on the User’s account by the Service Provider’s server which can be read by the Service Provider’s server each time it connects with the User’s account. Cookies are used to identify the User.
  4. The Service Provider reminds that using the Services may involve certain risks and threats resulting from use of the Internet and for which the Service Provider shall not be responsible.

§ 6 Rights and Responsibilities of the Parties

  1. The User shall provide true and correct information at Registration.
  2. The User shall apply best efforts to ensure that unauthorized third parties do not gain access to the Services. In particular, the User shall protect and keep confidential all information enabling the access to the Service (password). Providing unauthorized third parties with a password by the User shall be considered as a blatant violation of these Terms of Use.
  3. The Service must not be used in a manner that violates the law, best practices or reasonable interest of the Service Provider.
  4. The User shall not enable third Parties to access the Service also in ways other than those mentioned in para. 3.
  5. The Service Provider shall make all reasonable efforts to ensure the access to the Application and its functionalities.
  6. The Service Provider shall have the right to change the Application and technological resources used for provision of the Service, in particular to change its functionalities and design.
  7. During the term of the Agreement, the Service Provider shall have the right to send technical messages concerning operation of the Service, i.e. its current functionalities and Application changes to the User’s e-mail address.
  8. Furthermore, during the term of the Agreement the Service Provider shall have the right to send commercial information both of the Service Provider and third parties to the User’s e-mail address.
  9. The Service Provider reserves the right to deliver the Service pursuant to an agreement individually negotiated with the User, with provisions of such an agreement excluding provisions of these Terms of Use. In order to conclude an individually negotiated Agreement, the User should send a Letter of Inquiry to an address indicated by the Service Provider.

§ 7 Liability of the Parties

  1. The Service Provider’s liability shall be excluded when the following occur:
    1. events beyond the Service Provider’s control;
    2. the necessity to repair, modify or maintain any equipment or software used for provision of the Service;
    3. transmission errors and delays,
    4. damages caused by any software (including computer viruses) owned by the User or third parties.
  2. The Service Provider shall not be liable for any damages resulting from malfunction of the servers hosting the Application and, in all events, when the existing laws allow for exclusion of the Service Provider’s liability.
  3. The Service Provider shall not be liable for:
    1. any damages suffered by third parties as a result of the User’s using the Service in a way that violates these Terms of Use or provisions of law,
    2. information and materials downloaded from and sent by the User over the Internet,
    3. loss of data by the User caused by external factors (e.g. connection, equipment software failure) or from other circumstances beyond the Service Provider’s control (acts of third parties),
    4. damages resulting from interruptions in the provision of Services that result from circumstances for which the Service Provider is not responsible, including Force Majeure, as well as acts and omissions of third parties,
    5. provision of untrue or incomplete data by the User at Registration.
  4. The User shall cover all damages resulting from their acts and omissions in violation of the law, these Terms of Use or good practices. This entails in particular the exemption of the Service Provider from liability in relation to all claims made by third parties, the User’s obligation to refund all expenses incurred by the Service Provider or other parties suffering damages due to the User’s acts or omissions and the User’s obligation to reimburse all expenses incurred by Service Provider or third parties in their effort to claim damages.
  5. All materials and information included in the Service Content are acquired and edited with reasonable effort in order to ensure reliability, validity and completeness of the Service. All published contents and data have purely informational character and the Service Provider and parties acting on its behalf cannot be held liable in relation to them. All analyses and advice published as part of the Service represent solely and exclusively subjective opinions of their respective authors rather than recommendations to conclude transactions to purchase financial instruments.
  6. The Service Provider shall not be liable for damages resulting from investment decisions and other decisions taken as a result of using the Service, and for the effects of using, for any purposes, any of the data published.

§ 8 Protection of intellectual property

  1. All materials published and made available as part of the Service as well as the mode of their presentation are subject to protection under the copyright law and are the sole property of the authorized persons.
  2. The use of works protected under the copyright law, including their copying, transmitting, public display and using them in any other way is only allowed after a written permit from the Service Provider has been obtained. The Parties agree that distribution of screenshots is permitted and does not constitute a violation of the Service Provider’s rights.

§ 9 Protection of personal data

  1. The User agrees to processing of their personal data during registration of the Service to the extent necessary for initiation and development of the contents as well as for amendment or termination the Agreement and exclusively for the purposes of an adequate delivery of the Service.
  2. The database containing the Users’ personal data is administered by the Service Provider. The Service provider shall have the right to delegate processing of personal data to third parties provided such Service Providers meet the requirements of law, provided the User’s right to review their personal data is retained.
  3. All personal data provided for the purposes of the Registration shall be used solely in the cases and in the manner prescribed by binding provisions of law.
  4. The User shall have the right to review, correct and demand deletion of their personal data disclosed in the registration form.
  5. The User agrees that their personal data will be used by the Service Provider for marketing purposes, and gives their consent to transmission, placement and reception of commercial information from the Service Provider and third parties.

§ 10 Final provisions

  1. These Terms of Use shall become effective as of the day the service is launched.
  2. The Service Provider shall have the right to amend the Terms of Use and the Price List without consultations with the User. The Service provider shall place a relevant information on the login page. Any amendments shall become effective immediately upon being published on the website. Changes to the Price List shall not apply to Settlement Periods for which a Fee has already been collected.
  3. The Agreement shall be governed by the Polish law. Any disputes arising in relation to the services provided by the Service Provider as part of the Service shall be settled by competent Polish courts.
  4. To all cases not regulated herein the provisions of the Electronic Services Act, Copyright and Related Rights Act, Personal Data Protection Act, Civil Code and other mandatory regulations shall apply.