Terms of Service

1. Preamble

  1. FXtok.com is a web-based information application (“Application”) available on mobile devices using iOS and Android.
  2. The domain, trademark, application concept, server software, databases and graphics are the property of the Operator.
  3. The present Terms of Service regulate the rules and principles of use of fxtok.com by Internet users, as well as their mutual obligations, responsibilities and dispute resolution procedures. In order to use the Application, the user must accept these Terms of Service in full. They are non-negotiable. Failure to accept any provision of these Terms of Service shall prevent the user from using the Application. Failure to read and understand these Terms of Service shall not excuse the user from compliance.
  4. The Application FXtok.com is available for download for all Internet users for free. The availability of certain functionalities of the Application is subject to payment. The content of the Application is managed by FXM Sp. z o.o. 54-134 Wrocław Papiernicza 2/27
  5. The use of the Application follows common Internet standards. Once the Application has been downloaded onto the user’s mobile device, the user can create and register their account. The access to information in the Application delayed is free. The access to information in real time requires a fee. Details of the rates, pricing and accounting are available in the Application itself and on www.fxtok.com The server resources are automatically transmitted to the mobile Application installed on the user’s device. All the content is updated automatically from external sources using data retrieval mechanisms and by the Operator.
  6. FXM Sp. z o.o. is the Operator of the Application. The contact e-mail address is: fxm [at] fxm.pl. All payments are made using PayPal.

2. Agreement for the provision of information services by electronic means

  1. The agreement for the provision of information services by FXM Sp. z o.o. under these Terms of Service is concluded when the user has downloaded our mobile Application onto their device and registered an account.
  2. The agreement shall be terminated when the user removes account Application from their mobile device.

3. Registration, maintenance and deletion of User Profile

  1. In order to use the Application the user must register a User Profile.
  2. To register a profile the user has to complete an online form and send it to the Operator by clicking ‘Register’. By sending the registration details the user confirms that they have read, understood and agree with the Terms of Service.
  3. When the completed form is received the Operator checks that the details provided are technically correct and creates a User Profile (a user account) accessible then by entering the details provided by the user for registration.
  4. The User Profile only contains data entered by the user and any intentionally provided input, such as own settings.
  5. Each user may only have one Profile. Only one person may use a User Profile. Sharing the password with a third party is prohibited.
  6. The User Profile may be deleted at the user’s request without giving reasons. A deleted User Profile may not be restored.
  7. The User Profile may be deleted by the Operator’s security assurance team if a breach of these Terms of Service by the user is discovered. In
    such a case the user will not be able to register a new Profile.
  8. The user declares that he wants the service to be activated immediately after payment, and the user knows that I will not receive a refund if the user
    cancel the service.

4. User’s rights and obligations

  1. The user has the right to use all or any functionalities of fxtok.com without restrictions, for non-commercial purposes, at the user’s sole risk and responsibility.
  2. Distribution and use of the content provided by the Application in any other form and for other purposes than for private use is prohibited unless approved by FXM Sp. z o.o. in writing.
  3. The user shall have the necessary equipment and software, as well as Internet access to use the Application, and shall maintain it at their own expense.
  4. The user declares that he wants the service to be activated immediately after payment, and the user knows that I will not receive a refund if the user cancels the service.
  5. The user shall use the Application in compliance with applicable laws, and – in particular – with intellectual property rights, principles of social interaction, good manners and these Terms of Service. This is to protect the interest of other users and third parties.
  6. The user shall be responsible for their unlawful acts while using the Application. The user shall undertake to cover all losses and damages resulting from the user’s culpable acts or omissions and to satisfy third-party claims, including if asserted in court, against FXM Sp. z o.o. and connected with the user’s misconduct with regard to these Terms of Service.
  7. The user has the right to complain about the performance or content of the Application by reporting the problem with a description to email address contact@fxtok.com. Complaints are processed for up to 14 days from the date of receipt.

5. Operator’s rights and obligations

  1. The Operator shall make sure that the information provided in the Application is true, correct and complete.
  2. However, the Application fxtok.com is just one of a number of unofficial sources of information.

6. Liability disclaimer

  1. Any views, opinions and judgments found in the Application solely reflect the views, opinions and judgments of their respective authors. No published information constitutes in any way a form of advice or a recommendation.
  2. The market data presented in the application are indicative data only. The data in the application may be different from the actual real market data.
  3. The user always uses the Application at their risk and expense only.
  4. The Operator shall not be held liable for any results of use of information obtained by means of the Application, in particular for any consequences
    of decisions made or not made.
  5. Due to technical restraints the Operator cannot guarantee the correctness, integrity and completeness of all information transmitted using the Internet. The Operator makes every effort to ensure that the Application is free of defects, however no guarantee is given regarding its performance, possible interruptions, software defects, factual errors, method failures and suitability of the information provided using the Application.
  6. The Operator shall not be liable for any losses, damages including loss of profit resulting from interruptions in accessing the Application, especially if caused by hardware or software failures, upgrades, unavailability of a backbone network, hacking, force majeure, unlawful or non-compliant acts of the users. 

7. Copyrights

  1. The content of the Application and found on www.fxtok.com is copyright protected. This applies both to individual copyrighted works, such as texts, photographs, graphics, and their manner of presentation in a graphical form. All the content is protected in favour of FXM Sp. z o.o., unless stated otherwise.
  2. All trademarks, trade names and logos used in the Application are protected by law according to applicable regulations.
  3. The user has the right to use the content of the Application only for private, non-commercial purposes. Any other use of the content, exceeding the scope set above, including copying, transmitting, processing and public sharing is prohibited.

8. Communications, advertising and marketing

  1. The Application may contain advertising content, provided directly or via adservers, subject to generally accepted terms and conditions and in compliance with the law.
  2. The user is aware that maintaining the Application is expensive and requires regular expenses towards IT infrastructure, personnel and the procurement of market data. At the same time, considering the principles of operation of the Application, where some content is freely accessible, the user accepts that in exchange for using the Application for free certain advertising content is displayed and the proceeds from this are used to cover the costs of the Operator.
  3. The Operator shall not be responsible for the content of advertisements or of any websites linked in advertisements.
  4. The Operator shall not be liable for any obligations of third parties resulting from any advertisements published in the Application.
  5. Occasionally, the Operator may use users’ e-mail addresses to contact the users in technical matters and to notify them of new functions.

9. Protection of privacy and personal information

  1. The Operator respects the users’ right to privacy and the right to protect personal information. The registration process and subsequent use of the Application does not involve collecting any further personal information other than as required to customise the settings, i.e. to tailor the use of the Application to the user’s personal needs or to issuing an invoice. The information includes: the e-mail address used to confirm registration and recover a
    password, if necessary, and the user’s password and data to invoice.
  2. In order to make access to the Application easier cookies are used – pieces of data storing short textual information on the user’s device to identify the user, enable automatic logging in and make using the Application easier, for example by remembering settings. No logs are stored. The Operator may use external traffic statistics
  3. for own purposes and only to develop the Application according to the user requirements.
  4. The Operator may disclose a user’s personal information only if so requested by government authorities undertaking proceedings in connection with the user’s violation of law.

10. The Consumer’s right of withdrawal from the Contract

  1. The user who concluded a contract for the provision of services offered in the Application against payment may withdraw from the contract without stating the reasons by notice given within 10 days from the date of conclusion of the contract, subject to clause 10.3 below.
  2. The notice of withdrawal from the contract must be sent by e-mail to contact@fxtok.com.
  3. The user shall not have right of withdrawal from the contract without stating the reasons if the subscribed content of the Application (paid services) has been already accessed by the user, marking the beginning of use.
  4. In the case of effective withdrawal, the payment made by the user shall be refunded within 14 days.

11. Final provisions

  1. Relevant provisions of the Polish law shall apply to any matters not regulated in these Terms of Service.
  2. The Operator reserves the right to modify these Terms of Service at any time without prior notification. Any changes shall become effective when published on www.fxtok.com
  3. Any disputes connected with these Terms of Service shall be settled by the competent court for the Operator’s registered seat.

FXM Sp. z o.o. January 2020