Terms and conditions

Effective as of 04 May, 2021

The service through the website https://cotbase.com (“Website”) and the indicators (“Indicators”) is offered to the visitor (“Visitor”) by TBase Adatfeldolgozó Korlátolt Felelősségű Társaság (seat: 1125 Budapest, Istenhegyi lejtő 8.; company registration number: 01-09-998159; tax number: 24256391-2-43, email address: info@cotbase.com, “Service Provider”) conditional upon acceptance of these terms and conditions which acceptance is provided by the Visitor by accessing and using this Website and in case of the Indicators by subscribing to an Indicator.

The guidance and information on the Website and through the Indicators are only provided for guidance and information purposes and are not intended for the purposes of investment, tax, or legal advice and are without regard to any particular Visitor’s investment objectives, financial situation and needs. The Visitor uses all guidance and information available on the Website and through the Indicators at his/her/its own risk. All guidance and information must be independently verified and confirmed by the Visitor.

The Visitor decides at his/her/its own discretion on any investment, i.e. whether he/she/it invests into any product or whether he/she/it refrains from investing into a product, whether he/she/it undertakes any risk or liability, whether he/she/it purchases or sells any product or executes or refrains from executing any agreement relating to a product. The process of taking a decision or the content of the decision is beyond the service provided through the Website and through the Indicators.

The Service Provider draws the attention of the Visitor to the following: forex, futures, stocks, cryptos and options trading has large potential risk. The Visitor must be aware of the risks and be willing to accept them to invest into them. The Service Provider advises the Visitor not to rely on a single source as the basis for taking investment decisions as forex, futures, stocks, cryptos and options can be extremely risky and volatile but to perform complete and thorough research and analysis from multiple sources and always consult a professional.

Service

Service through the Website: The guidance and information on the Website contains the collection of relevant facts and data from the sources determined at the own discretion of the Service Provider without undertaking any obligation or liability for the accuracy or completeness of such facts and data. The detailed content of service is available on the Website under “Pricing” under the membership plans COTBase.com Free and COTBase.com Premium. The Service Provider undertakes to take all reasonable measures for the accuracy of the guidance and information.

Service through the Indicators: The Service Provider provides the Visitor with software access that calculates from asset price, volume, open interest data, as well as data collected from the U.S. CFTC (U.S. Commodity Futures Trading Commission), and possibly other institutional data sources, certain statistics, which are useful in supporting financial trader’s decision-making processes. The detailed content of service is available on the Website under “Indicators”. One license to the iCOT Intraday Indicator entitles the Visitor to use the software on 2 (two) machines in case of Ninjatrader 8 and cTrader versions, and under 1 (one) username in case of TradingView.

The Service Provider may change the collection of relevant facts and data, the content of the guidance and information provided on the Website and through the Indicators at any time without prior notice to the Visitor.

Undertaking of risks in connection with investment, any decision in relation therewith, the analysis of financial information or the use of financial information requires specific professional knowledge, the Website does not provide any such services to consumers. Consumers are not excluded from the use of the Website and the Indicators, however, consumers may only use the Website and the Indicators for informational purposes.

The Service Provider does not provide any investment analysis, any investment advice or investment recommendation and does not provide investment service, supplementary investment service or any service in connection therewith. No guidance, information or data may be understood or seen as any service mentioned in the previous sentence.

The Service Provider does not provide any recommendation, advice or guidance for investment or any other service for the preparation of any decision or the execution of any decision. This service is neither a solicitation nor an offer to purchase or sell any instruments.

Service Fee

The Visitor must pay a service fee for accessing and using the Website as well as for the use of the Indicators. The service fee is published on the Website under “Pricing”.

The Service Provider provides the services for an indefinite time. The service fee is payable on a monthly or 6-monthly basis depending on the terms of the membership plan which the Visitor subscribed for. The service fee includes all costs arising during the payment period.

The Service Provider uses an automatic recurring payment system, i.e. the Visitor is automatically re-billed in accordance with the agreed service period.

The Visitor undertakes to pay the service fee to the Service Provider through PayPal.

The Visitor undertakes not to claim any refund of the service fee for the time of temporary inability of the Service Provider to prepare the guidance and information due to the non-publishing of public report that serve as basis for the guidance and information or due to any technical issues that arise from factors that are uncontrollable by Service Provider.

Suspension of the Service

The Service Provider suspends the service provided to the Visitor if the Visitor does not settle the service fee before the payment deadline.

The Service Provider is entitled to suspend the service to the Visitor at its own discretion if the data provided by the Visitor during the registration procedure are incorrect or incomplete or the Visitor does not inform the Service Provider about any data relevant for the invoicing/payment of the service fee or provision of the service.

Termination of the Service

The service may be terminated by the Visitor to the end of the payment period determined in the subscription of the Visitor by sending an email on the cancellation of the service to info@cotbase.com having a notice period of 2 (two) days or by cancelling the payment in the PayPal account of the Visitor. The Service Provider only accept emails written in English!

Liability of the Visitor

The Visitor is liable to provide his/her/its correct and complete data during the registration procedure and to inform the Service Provider about any data relevant for the invoicing/payment of the service fee or provision of the service.

The Visitor is liable for any loss or damage suffered due to the use and/or application of the guidance and information available on the Website or through the Indicators for taking an investment decision, undertaking any risk or executing any agreement relating to investment.

The Visitor undertakes to hold the Service Provider harmless from any damage, cost, expenses, financial obligations resulting from claims of third parties directly or indirectly against the Service Provider arising from the use and/or application of the guidance and information available on the Website or through the Indicators by the Visitor.

Exemption from Liability

The Service Provider is not liable for any direct or indirect loss or damage of the Visitor or any third party resulting from the decision of the Visitor on any investment based on the guidance and information available on the Website or through the Indicators or due to or in connection with the use of the guidance or information available on the Website or through the Indicators for any decision relating to investment, i.e. whether he/she/it invests into any product or whether he/she/it refrains from investing into a product, whether he/she/it undertakes any risk or liability, whether he/she/it purchases or sells any product or executes or refrains from executing any agreement relating to a product.

The Service Provider is not liable for any direct or indirect loss or damage of the Visitor or any third party resulting from the following: any failure of accessing the Website or the Indicators, failure to provide the guidance and information on the Website or through the Indicators at the time expected by the Visitor, any further error on the Website or of the Indicators, interruption of the operation of the Website or of the Indicators, any deletion of guidance or information, any defect, delay in operation of the Website or the Indicators or transmission, computer virus, communication line failure, unauthorized access to the Website or the Indicators.

In case of any problem with the operation of the Indicators (e.g. due to the update of a platform), the Visitor is entitled to switch between versions if he/she/it sends an email to the Service Provider to info@cotbase.com requesting the change.

The Service Provider is not liable for any direct or indirect loss or damage of the Visitor or any third party resulting from the fact that public reports that serve as source of the facts and data for the preparation of the guidance and information are not published temporarily or anymore.

The Service Provider is not liable for the market predictive powers, accuracy, suitability or profitability of any of the guidance or information provided on the Website or through the Indicators.

Visitor's data

The Visitor is liable for all his/her/its data provided during the registration for the service.

The Visitor is liable to inform the Service Provider about any change of the data provided during the registration procedure at info@cotbase.com within 10 (ten) days from the change of the respective data but not later than 5 (five) days before the upcoming payment is due.

Protection of the Content of the Website, Intellectual Property

Any and all intellectual property created by the Service Provider is exclusively owned by the Service Provider. The Visitor shall ensure that any intellectual property created by the Service Provider in the course of the service on the Website or through the Indicators is used for the purpose set forth in these terms and conditions. The Visitor is not entitled to hand over such intellectual property to any third person, except if the operator gives its prior written consent thereto.

It is forbidden to distribute or share the content of the Website or the Indicators for commercial or non-commercial purposes or to copy the content of the Website or the Indicators on the Visitor’s own or someone else’s server.

Please contact the Service Provider for inquires relating to the distribution or sharing of the data for commercial purposes at info@cotbase.com.

Governing Law, Jurisdiction

The laws of Hungary are governing for these terms and conditions and the service provided by the Service Provider.

The Hungarian courts have jurisdiction for any legal disputes arising from or in connection with the terms and conditions and the service provided by the Service Provider.

Amendment of the Terms and Conditions

The Service Provider may amend the content of these terms and conditions at its own discretion.

The amended terms and conditions become effective 8 (eight) days as of the publication of the terms and conditions on the Website for all the services provided through the Website or through the Indicators.

Risk Disclosure

Futures, forex, equity, options and crypto trading contains substantial risk and is not for every investor. An investor could potentially lose all or more than the initial investment. Risk capital is money that can be lost without jeopardizing ones’ financial security or lifestyle. Only risk capital should be used for trading and only those with sufficient risk capital should consider trading. Past performance is not necessarily indicative of future results.

Hypothetical Performance Disclosure

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 of actual trading. for example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points 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 which can adversely affect trading results.

Provisions applicable only to consumers

Persons with full legal capacity may subscribe for the services through the Website or the Indicators, i.e. any person under the age of 18 years (or if the age of legal capacity is higher in the Visitor’s state of residence, then such age) or any person with limited legal capacity may not contract any service through the Website or the Indicators.

Registration and subscription for the service

The Visitor must register on the Website to be able to subscribe for any service, however, the Visitor does not need to be logged in for the subscription.

For the subscription, the Visitor must choose one of the available membership plans. The Visitor’s personal data provided at the registration are used automatically for the subscription. The Visitor may correct his/her personal data provided during the registration in his/her registered account, the Visitor is currently not able to correct any registration data in the process of subscription. The Visitor may return to the subscription process after correcting his/her data in his/her registered account.

The Service Provider provides the Visitor with a summary sheet on the subscription for the service. In order to finalize the subscription, the Visitor must acknowledge the Privacy Policy and the terms and conditions and acknowledge that all subscription fees are recurring. The Service Provider confirms the Visitor’s subscription via email to the email address provided by the Visitor in the registration process.

The agreement between the Service Provider and the Visitor is concluded in English language. The agreement is concluded as a written agreement, it is stored by Service Provider for a period of 8 (eight) years as of the end of the year of the termination thereof and may be accessed within this period.

Warranty for conformity of the service

The Visitor has the right to exercise his/her right to warranty based on the Hungarian Civil Code if the Service Provider does not perform the agreement between in conformity with the laws.

On the basis of the warranty, the Visitor may choose either repair or replacement, unless compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the part of the Service Provider as compared to the alternative remedy. If the Visitor has not asked for repair or replacement or the Visitor could not ask for that, then the Visitor may ask for a propriate reduction of the service fee or withdraw from the agreement.

The Visitor must communicate the non-conformity immediately upon recognition but not later than within two months as of the recognition thereof. The Visitor has the right to exercise his/her right to warranty within the statutory limitation period of two years.

The Visitor must exercise his/her right to warranty towards the Service Provider.

If the Visitor exercises his/her right to warranty within six months as of the performance of the agreement, then the Visitor only needs to communicate the non-conformity provided that the Visitor proves that the service was performed by the Service Provider. If the Visitor exercises his/her right to warranty besides six months as of the performance of the agreement, then the Visitor must prove that the non-conformity existed at the time of the performance of the agreement by the Service Provider.

Right to termination

The Visitor expressly agrees that the provision of the service begins before the expiry of the revocation period. The Visitor is aware that his/her right of withdrawal from the contract expires with the beginning of the provision of the service.

Dispute resolution

The Visitor may file a complaint with the Service Provider if he/she is not satisfied with the service provided by the Service Provider. The complaints may be sent to info@cotbase.com. The Service Provider provides for a unique identifier for all complaints and examines the complaints immediately but latest within 15 days. The Service Provider responds to the Visitor after the closure of the examination but not later than 30 days from the receipt of the complaint. Should the Service Provider reject the complaint, it gives its reasons for the rejection in its response.

The Visitor may file a complaint with the competent authority for the protection of consumers (jarasinfo.gov.hu) or contact the competent Hungarian consumer center (fogyasztovedelem.kormany.hu).

Code of Conduct

The Service Provider has not joined to and accepted any code of conduct relating to the provision of the service.