TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “users” or “you”) and PTDefender and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the https://www.ptdefender.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). The Website provides the following service: Software (“Software”) which enables you to trade and invest in crypto currencies by means of an automatic crypto trading bot – of which (solely) you control and configure the settings.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who chose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside, are not permitted to register for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE. YOU CANNOT USE THE SOFTWARE WITHOUT ACCEPTING THESE TERMS.
PURCHASES; PAYMENTS
Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method (e.g. Visa or MasterCard and Cyrptocurrencies). Company reserves the right to change what payment methods are available at any time. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time.
REFUNDS
The User has the right to obtain a refund if the request is made within fourteen days of the purchase and the software has been running for less than six hours. This only applies to the first subscription/order on the Users account and not the reoccurring or future subscriptions.
If User asks for a refund of the subscription, User will pay pro rata for the period Userhas already been able to use the Software. User will get the rest of the paid amount minus payment feeds and administration feeds paid back as a refund.
Refunds are available once per person or entity and will not apply if your account is in violation of our Terms of Use.
Before a refund is granted, you must allow us to try and help solve any problem you have with our products.
Refunds are not granted because of market conditions and performance of settings.
Refunds are not granted if you simply bought the wrong product or subscription. All refunds need a valid reason before it is granted.
A refund normally takes between 5 – 15 days before the funds are back with the User.
In case of a free trial, no refund is granted if the User withdraws the subscription.
USER REPRESENTATIONS AND FAIR USE OF OUR WEBSITE
Regarding Your Registration
By using the Company Services, you represent and warrant that:
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
PRIVACY
We care about the privacy of our users. Please review the Company Privacy Policy. By using the Website or Company Services, you are consenting to have your personal data transferred to and processed in the United States. By using this Website or the Company Services, you are consenting to the terms of our Privacy Policy.
INTELLECTUAL PROPERTY
PTDefender is the exclusive licensee of all intellectual property rights vesting in and relating to (all content made available through) the Website and the Software, such as – but not limited to – patents, patent applications, trademarks, trademark applications, database rights, service markes, trade names, copyrights, trade secrets, licenses, domain names, know-how, property rights and processes (Intellectual Property Rights”)
PTDefender grants its Users a non-transferrable, non-exclusive, non-sublicensable and revocable license intended for fair use of the Website and Software on the subscription basis as offered by PTDefender. You are not allowed to access the content of the Website and Software for any other purpose, such as selling or distributing the content of the Website and Software.
Any changes or altering to our software is a violation of our Terms of Service and may make you liable for up to 500000 United States Dollars (“USD”).
You may be liable for a 1000000 USD penalty fine if you use a cracked version or crack a version of our Software.
AVAILABILITY OF THE WEBSITE AND SOFTWARE AND DISCLAIMER OF WARRANTIES
The Website and Software are available on computers and handheld mobile devices. PTDefender will use reasonable efforts to make the Website and Software available at all times. However, User acknowledges that the Website and Software are provided over the internet and mobile networks and thus the quality and availability of the Website and Software may be affected by factors outside PTDefenders reasonable control.
PTDefender does not accept any responsibility whatsoever for unavailability of the Website and Software or any difficulty or inability to download or access content, or any other communication system failure which may result in the Website or Software being unavailable.
PTDefender is not responsible for any support or maintenance regarding the Website or Software. PTDefender may – at its own discretion – update, modify, or adapt the Website or Software and their functionalities from time to time to enhance the user experience. PTDefender is not responsible for any downtime resulting from these actions.
To the maximum extent permitted by applicable law, PTDefender hereby disclaims all implied warranties regarding the availability of the Website and Software. The Website and Software “as is” and “as available” without warranty of any kind.
HELPDESK, ADVICE AND DISCLAIMER
PTDefender has a ticket helpdesk where User can ask questions about the Website and Software. PTDefender will only give advice about the functioning of the Website and Software.
PTDefender explicitly does not:
Profit Defender may upload general tutorials and academy videos on the Website, about the functioning of the Website and Software. All tutorials, videos and templates uploaded by PTDefender are general and contain in no way personal and/or financial advice. All use of these advices is at the sole risk of the User.
RISKS
User is aware of the accompanying risks of possessing, trading and using crypto currencies and takes full responsibility for these risks.
LIABILITY
Nothing in these Terms shall exclude or limit PTDefender liability when it cannot be excluded or limited under applicable law.
PTDefender is not liable to you for any (direct or indirect) damage you suffer as a result of the use of the Website of Software or the content provided thereon. For example, PTDefender is not liable for:
INDEMNIFICATION
Users will indemnify, defend, and hold PTDefender harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding:
MISCELLANEOUS
PTDefender reserves the right to change these Terms. When we change these Terms in a significant way, we will notify Users by newsletter (if User has provided us e-mail address to this end) and post a notification on our Website along with the updated Terms. By continuing to use the Website, you acknowledge the most recent version of these Terms.
If we do not enforce (parts of) these terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.
User cannot transfer the rights and obligations from these Terms to third parties.
We do not allow or support resale of the license.
We do not allow the sale or renting of settings, this will revoke your license and make you liable for up to 100000 USD.
The license if for personal use. If you want a commercial license please email support@ptdefender.com
SEVERABILITY
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
APPLICABLE LAW AND JURISDICTION
These Terms shall exclusively be governed by and construed in accordance with the laws of the United States of America.
Unless mandatory law compels differently, all disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of New Mexico, United States of America, unless the dispute can be settled in an amicable fashion.
COMPLAINTS, COMMENTS AND SUGGESTIONS
PTDefender strives to give you optimal service. If you have a complaint, comment or suggestion, you can contact us at support@ptdefender.com Please provide us with your contact details, and a clear description and reason for your complaint. Complaints are usually processed within 7 working days.
Mailing Address
PTDefender LLC
600 W Santa Ana Blvd Ste 114A PMB 5001
Santa Ana, CA 92701
United States of America
Registered Address
PTDefender
530-B HARKLE ROAD STE 100
Santa Fe, NM 87505
United States of America