Terms and Conditions

1. General

of TradersYard GmbH, AUSTRIA (TRADERSYARD) (“The following provisions regulate – in combination with the conditions contained in the order form – the contractual relationship between TRADERSYARD and the user of TradersYard-X Software, hereinafter referred to as the customer.

TRADERSYARD generally only enters into a contract on their own terms and conditions; deviating conditions of the contractual partner are only valid if TRADERSYARD expressly consents to these in written form.

These terms and conditions are available for inspection in their respective valid version and can be viewed on the internet under https://x.tradersyard.com/terms-and-conditions/. With the conclusion of the contract according to point II, the following terms and conditions are deemed as agreed between TRADERSYARD and the respective customer.

You are agreeing to be legally bound by the Terms. We may change the Terms from time to time without notice, so be sure to check this page regularly. Whenever you are installing TradersYard-X by the first time or a new release of TradersYard-X, you will be prompted to accept the Terms and Conditions, which might contain changes.”)

2. Conclusion of Contract

Only a natural person or legal entity as well as a company entered in the company register and without legal personality can be a customer of TRADERSYARD . TRADERSYARD is entitled to demand and collect all necessary information about the identity and creditworthiness as well as the legal and contractual capability of the customer as well as the proof of the existence of power of signature or of representation.
Furthermore, upon the request of TRADERSYARD , the customer must declare an inland mailing address as well as an inland paying agent.

The offers of TRADERSYARD are without obligation or commitment. The customer’s order is obligatory as soon as TRADERSYARD receives it. If TRADERSYARD accepts the offer, an order confirmation will be sent. As soon as the customer receives the order confirmation, the contract becomes valid.

Definition of ‘Contractual Partner’ in terms of license and version update authorization:
The person who has purchased a license to the TradersYard-X trading platform through the TradersYard-X/TradersYard E-Shop or through a manually issued invoice.

3. Warranty, liability, exclusion of liability, limitation of liability

a) In the case of defects, the client has the right to demand that such defects be remedied by subsequent performance. In the event that the subsequent performance fails, the client may reduce the remuneration or, in the case of serious defects, withdraw from the contract.

b) YOU ACKNOWLEDGE AND AGREE THAT TRADERSYARD (TradersYard-X), ITS BRANCHES AND SUBSIDIARIES, LICENSORS, BOARD MEMBERS, EMPLOYEES AND REPRESENTATIVES ASSUME A MAXIMUM LIABILITY LIMIT OF 100.– EUROS FOR DAMAGES, BE THESE PUNITIVE, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING BUT NOT LIMITED TO DAMAGE COMPENSATION DUE TO LOSSES OR LOST PROFITS (DIRECT OR INDIRECT), THE REPUTATION OF THE COMPANY OR THE PERSON, DATA, COMPANY VALUE, SUBSTITUTION OF GOODS OR SERVICES OR OTHER INTANGIBLE LOSSES THAT ARISE AS A RESULT OF THE USE OR INABILITY TO USE THE SERVICES OR THE SOFTWARE; UNAUTHORIZED ACCESS OR THE MANIPULATION OF YOUR DATA; ALL CHANGES THAT TRADERSYARD MAKES TO THE SERVICES OR THE SOFTWARE; OR ALL OTHER POSSIBLE DAMAGE ARISING IN CONNECTION WITH THE SERVICE OR THE SOFTWARE. SOME COUNTRIES DO NOW ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR TERMS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, NEGLIGENCE, BREACH OF CONTRACT OR VIOLATION OF THE IMPLIED TERMS, THUS THE LIABILITY IS LIMITED TO THE EXTENT PRESCRIBED BY THE LAW UNLESS OPPOSED BY MANDATORY STATUTORY PROVISIONS.

c) For damages or losses arising due to malfunction on the part of TradersYard-X, e.g. in connection with the use of TradersYard-X or due to the use of a free or additionally purchased Add-On i.e. package (erroneous order sizes, misrouted trades, mistakenly opened positions, orders that are not deleted, deviating display of order/position between the broker and TradersYard-X… (to name just a few), TRADERSYARD again assumes a maximum liability of 100.– euros.

The fully automated trading via TradersYard-X++ and related risk/order size calculations, entry, stop and target placements are also at the risk and peril of the user and are therefore outside the responsibility of the manufacturer and is hereby explicitly mentioned again.

The client is obliged to permanently synchronize his or her positions, trades, orders, and order executions with his or her broker so as to be able to correct any potential malfunction of the software in the running positions or open orders.

Manual direct intervention in the various brokerage platforms outside of TradersYard-X (e.g. order entry/manipulation, closing trades, etc) can cause unexpected behavior in TradersYard-X. Especially – but not exclusively – when using the AT++ semi-automation, TradersYard-X may cause orders to be undetectable, or current strategies to lose stop orders or target orders, leaving positions unsecured in the market. In such cases, TradersYard-X is not able to correctly identify order entries in the broker platform. The reference platform is – as already mentioned – exclusively the platform of the respective broker and the Customer must therefore ensure at all times that the order/trade behavior in the broker platform of the broker to which the transactions are sent and received is monitored. TRADERSYARD will even reject Support-Cases if TRADERSYARD determines external order manipulations and is out of any liability in such cases.

The user also recognizes that in particular with the use of TradersYard-X++, running orders and positions are automatically synchronized when TradersYard-X is restarted and that this can lead to inconsistencies due to transmission problems on the part of the broker, which have to be manually corrected.

aa) When using synthetic orders, the behavior of the respective data feed depends on which price quotes are delivered.

bb) If the data provider delivers so-called bad ticks that result in trades being opened or closed or orders placed in the market being executed, this is the responsibility of the user, since TradersYard-X cannot interpret this kind of bad ticks as such.

cc) Similarly, bad ticks can have an effect on the behavior of AT++ stop methods and can lead to stopping calculations that do not correspond to the real market behavior.

d) Furthermore, the user of TradersYard-X recognizes that potential malfunction of the software shall be reported exclusively to the support section of TRADERSYARD and may not be posted in public forums. Massive failure to comply and permanently damaging behavior may result in the recission or discontinuation of the license.

e) If, due to errors in the technical processing, orders placed by the client cannot be executed in a timely manner, the client is obliged to comply with the following practices:

First of all, TRADERSYARD must immediately be informed of the erroneous processing as soon as the client becomes aware of it or detects it. Any instructions from TRADERSYARD that serve to repair or minimize the damage must also be followed by the client
If the client is able to avert or minimize damage through his or her own actions from the point in time of becoming aware of or detecting it, then he or she is obliged to take these actions of his or her own initiative. This includes, for example, the renewing of orders deleted due to technical errors or the placing of new orders by which damage is averted or reduced. This obligation of the client is a duty to mitigate damages, and failure to comply leads to the lapse of liability on the part of TRADERSYARD .
f) Furthermore, the user of TradersYard-X or the visitor of x.tradersyard.com recognizes that for damages that are caused by one of our partners (broker, sales, education partner…) in any form (erroneous signals from the Add-Ons, damages due to a lack of educational knowledge being passed on, damages arising in the partner’s asset management, …), TRADERSYARD can in no way be held liable for this.

g) The use of cloud services such as GoogleDrive, SkyDrive, DropBox,… can lead to synchronization problems that are not within TradersYard-X’s area of responsibility. Installation problems or erroneous behavior of the software are frequently caused by this circumstance and are therefore outside the scope of any liability.

The use of cloud services such as SkyDrive, GoogleDrive, DropBox or similar cloudware can lead to massive problems in the data synchronization of the various computers. Support efforts concerning cloudware, e.g. detection of the cause, removal of the fault and so on, are always subject to a fee.

4. Delivery

TRADERSYARD provides the TradersYard-X software and documentation as a download available on www.x.tradersyard.com. After receipt of payment, the customer will be provided with the corresponding access authorization codes, password, and license key for activating the TradersYard-X software in the functionalities ordered by the customer.

5. Access authorization

The customer is responsible for protecting the authorization codes, passwords, and license keys sent to him or her. In particular, the customer is not authorized to provide third parties with access to TradersYard-X software by passing on personal authorization codes, passwords, or license keys. The customer commits to store his or her data securely and to take all necessary precautions to prevent this data from falling into the hands of a third person. In the case of loss of authorization codes and/or passwords or suspicion of third-party user access or knowledge of data, the customer is obligated to inform TRADERSYARD immediately. This information can be sent by email, fax, or ordinary mail, according to the customer’s wishes.
The customer is liable without limitation for damages resulting from the delivery or publication of the authorization codes/password to third-party users.

6. Access authorization

One TradersYard-X software license authorizes the customer to run the license on one workspace. Using one license key on multiple workspaces or on various virtual machines at the same time is not permitted.
If you have purchased a broker-sponsored TradersYard-X version that allows trading only with the sponsor, and you then purchase an upgrade to a higher version of TradersYard-X or if you buy an Add-On to TradersYard-X, this does not mean that you also acquire the functionalities of the sponsored version. If for some reason the version sponsored by the broker is canceled, you must purchase the functionalities of the sponsored version to continue using TradersYard-X. Above all, the purchase of an upgrade version based on a sponsored broker version does – not – include the right to the MultiBrokerage functionality.
Please be sure to read the terms and conditions of the respective broker in detail. By confirming these terms and conditions, you also accept the broker’s TradersYard-X-specific terms and conditions.

7. License Version Update

A license includes a free version update, i.e. if security updates, improvements, and functional enhancements are carried out within a version, the contractual partner only has the right to update to the next higher version (see point 2 Conclusion of contract). If completely new functions are developed, it is the responsibility of TRADERSYARD to include these functions in a version or to make them available as AddOns, or now chargeable features. The update to this new release is controlled via the license server by means of an activation code (either directly on the platform or if not available, by e-mail), which is delivered to the contract partner.

8. Quality agreement

TradersYard-X is a software application that offers a general frame for various possibilities of stock analysis. With the software, it is possible to combine and evaluate different analysis techniques in a standardized form. With TradersYard-X it is also possible to identify trend signals for stocks as well as purchase or sale signals. TRADERSYARD is not responsible or liable for the accuracy of these signals and does not provide any guarantee of success. Similarly, TRADERSYARD is not liable for the accuracy of strategies, signals, stop and target components provided on www.x.tradersyard.com by TRADERSYARD or any other third-party tool provider in the webshop.

If the customer uses stock analyses created with the help of the software or other named components to aid his or her decision to buy or sell, he or she assumes full responsibility for this. The results of the TradersYard-X software are in no way a replacement for the customer’s independent decisions about the purchase and sale of stocks.

9. Use of function-specific information

You agree that TRADERSYARD and its directly affiliated companies save information about your use of the service and use this for the purposes of an internal function-tracking analysis. No personal or trading-related data is used in this process, but exclusively function-specific data that serves the purpose of evaluation with regards to the frequency of these functions in order to be able to make deductions about the importance of maintenance costs and further developments.

10. Terms of use for the software purchased for a limited time (TradersYard-X TraderSuite; extension of the test phase)

a) TRADERSYARD (license provider) provides the customer (license user) with the non-exclusive, non-conferrable right to use the software and documentation during the purchased time of use.

b) The authentication of the authorization of use is controlled by a license component that is part of the TRADERSYARD system control. The license user must be able to connect to this server. If TradersYard-X cannot connect with the server over a time period of two weeks, starting from the first failed attempt to connect, the license provider handles this as an intentional blocking of the license check and deactivates the software to the functionality of the free version. However, the licensed user has the possibility to correct this problem with TRADERSYARD , after which the software is reactivated.

c) The customer is permitted to make copies of the provided software for backup purposes only. TRADERSYARD receives all rights to each copy as long as these are not transferred to the customer. The customer is permitted to use the software for the supported and appropriate purposes on his or her DV workspace.

d) An TradersYard-X software license authorizes the customer to use the software on one workspace. Operating this software in multiple workspaces at the same time is not permitted.

e) TRADERSYARD retains all ownership rights to the software, even if the customer alters it or creates a connection with his or her own or any other third-party software.

f) Upon termination of contract, the customer is obligated to irretrievably delete or destroy all copies of the software in his or her possession including the documentation.

11. Tools and features with external data sources

In some of the features and tools integrated into TradersYard-X, such as xTick data feed, EOD screener, futures calendar, economic calendar, COT report, etc. (incomplete excerpt from features list), TradersYard-X uses external data sources from the freely accessible Internet. In fact, TradersYard-X uses external data sources from the freely accessible Internet, but also various free or paid interfaces to various data providers and brokers.

With external data sources, it may occur that the data format or the interface changes, or that the interface or the entire service is actually completely shut down by the respective operator; this is not within the control of TRADERSYARD /TradersYard-X.

These features/tools offer added value; however, there is no entitlement on the part of the user that, in the event of a massive change or a complete shutdown of the supplier of the data, the respective service is maintained in TradersYard-X.

In the event of a change to the interface, TRADERSYARD /TradersYard-X guarantees to –insofar as possible – adapt the software to the altered circumstances as quickly as possible and to provide the users with a new release. However, if the data supply sources are no longer accessible from within the trading platform, this may lead to the affected feature/tool having only limited availability or being completely removed from the platform.

12. Termination of contract

a) Rental license: A rental license runs as long as the user meets his monthly or quarterly payments in time. If the user no longer requires the rental license, the rental licensee shall ensure that the license subscription is canceled. If the subscription is canceled or payment is not received from the user, the license will be deactivated once the purchased period ends.

b) TRADERSYARD reserves the right to premature termination without previous notice of the user relationship with the customer for significant reasons for which the customer is responsible, in this case the customer shall have no claim to reimbursement for fees already paid.
Extraordinary reasons for termination are, in particular, the violation of obligations according to point V by the customer as well as other significant reasons under the control of TRADERSYARD or the customer.
Furthermore, TRADERSYARD also reserves the right to revoke any contract with three months’ notice without stating reasons. In this case, however, TRADERSYARD is obliged to reimburse the customer for fees paid thus far. The customer is excluded from any claim for compensation beyond this.
In the event of extraordinary or ordinary termination of the contract, the customer undertakes, in any case, to immediately delete all purchased software products of TRADERSYARD and no longer to use them. In this case, the activation key will be deactivated by TRADERSYARD .

c) A possible transfer of software licenses to another user was prejudiced by the ECJ judgment of 3.7.2012, C-128/11 and is equipped with all legal consequences of a private selling/transfer between the new licensee (license user) and the original licensee (license seller). Should an activation key (license key) nevertheless be passed on, this will happen outside of the General Terms and Conditions guidelines (see 10.1.a). For TRADERSYARD , the original buyer remains the contractual owner and thus the contractual relationship between the license seller and TRADERSYARD is maintained. For the new licensee, the right to server-side license changes, free ticket, and e-mail support, free software updates, and possible liability claims expires. This means that all rights and obligations associated with the license and software according to the General Terms and Conditions remain with the contractual license holder. The contractual licensee can only release himself from the contract with consideration of paragraph 12. b) of the General Terms and Conditions.

ATTENTION: In any case, the legal contractual owner, i.e. the license seller, remains liable to TRADERSYARD, even in the event of a transfer and a possible misuse by a subsequent new licensee.
Please inform yourself about this judgment (see here…) in order to avoid legal missteps

Regarding licenses, rental licenses cannot be transferred to another user but must be terminated and subscribed to by the other user.

13. Notification

The customer is informed that TRADERSYARD saves customer-specific data in electronic form for contract administration, accounting and statistical evaluation purposes.

14. Right of revocation

Every purchase made via the online shop under www.x.tradersyard.com is subject to Austrian i.e. EU law.

In Austria, the consumer rights directive was implemented in particular in the form of the non-face-to-face and distance selling law (FAGG). Several provisions were included directly in the Austrian consumer protection law (KSchG).

Based on (§ 11 FAGG), you have the right to revoke a contract concluded via our online shop without stating reasons within fourteen days. The revocation period is fourteen days from the day on which you or a third party other than the carrier and indicated by you have/has received the goods by means of email receipt of the activation key or of the invoice. In the case of a purchase contract of several goods that you have ordered within one single order, and that we have delivered to you separately, the revocation period is fourteen days from the day on which you or a third party other than the carrier and indicated by you have/has taken the last product into your possession.

The customer confirms that he/she has been instructed on the content, the requirements, and the consequences of the legal right of revocation for consumers based on the consumer rights directive of the EU (abbr. “FAGG”). In order to exercise the right of revocation (§ 13 FAGG), you acknowledge that you must inform us (TradersYard GmbH, Franz Josefskai, 1010 Wien, Austria, email: support@tradersyard.com) of your decision to revoke this contract by means of an explicit declaration (e.g. a letter sent by post or an email). The customer is aware that he/she can use the attached standard withdrawal form, but that this is not mandatory.

Please use the withdrawal form further down. To keep the revocation period, it is sufficient for you to send the notification of your exertion of the right of revocation before the expiry of the revocation period. For mailings, the day of the postmark will be used.

The directive does not apply to B2B businesses. Therefore, there is no similar legal right of withdrawal of this kind in the B2B area.

Consequences of the revocation

If you revoke a contract concluded via our online shop under www.x.tradersyard.com within the revocation period, we are obliged to pay back to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from you selecting a different kind of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this reimbursement, we use the same means of payment that you used for the original transaction unless something else was explicitly agreed upon with you; under no circumstances will you be charged a fee due to this reimbursement. As soon as we receive the declaration of revocation from you within the legal 14-day period of revocation, we immobilize the license immediately.

When you observe the time periods, you receive the confirmation of the revocation within 3 days. In the case of a violation of the revocation criteria, you will also be informed by us in writing of the reason for the rejection of the revocation.

The period is granted when you send off the goods before the expiry of the period of fourteen days.

If you received the software not via the online route, but in the form of a package sent by us, you bear the direct costs of sending back the goods. If the goods cannot be sent back normally with the post due to their nature and the delivery was made to the customer’s home at the time of the conclusion of the contract, we will pick up the goods at our expense. You only have to pay for a potential loss in value of the goods if this loss of value can be traced back to a result of handling other than what is necessary to ascertain the nature, properties, and functioning of the goods.

Exclusion of the right of revocation

The right of revocation does not exist or expires for distance contracts.

Upon delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after the delivery,
For a contract concerning digital content not located on a data carrier, if we have made this available to use, and if you acknowledged and explicitly consented that we can carry out the provision and that you lose your right of revocation upon complete provision.
You can find the form for the revocation according to § 13 FAGG here.

15. Complaints/customer service/support

Complaints by the customer are to be directed to INCLUDE Information Technologies GmbH, Schottenring 16/2, 1010 Wien, AUSTRIA. Customer service can also be reached under the address given in sentence 1.

Inquiries regarding the software or application problems can be sent by post, by means of a letter, and via our email and forum support.

With the purchase of a license, there is a free support option via the previously mentioned media, as long as the licensee is in lawful possession of the TradersYard-X or AddOn license.

The free forum and email support rendered take place solely on a technical basis. Within the first month after the purchase of the license, the licensor is obliged to make the support available. After that, it is a voluntary commitment on our part toward the licensee – but there is no legal claim to this. Support that is subjectively perceived by the customer as inadequate can never be challenged as non-fulfillment of the contract.

The use of cloud services such as SkyDrive, GoogleDrive, DropBox, or similar cloudware can lead to massive problems in the data synchronization of the various computers. Support efforts concerning cloudware, e.g. detection of the cause, removal of the fault, and so on, are always subject to a fee.

In its own interest, however, TRADERSYARD will implement the respective customer support to our best knowledge and possibilities, and endeavors to provide the support based on the service times of the following website:

https://x.tradersyard.com/contact-support/

The support expires in the case that www.x.tradersyard.com is taken down from the internet, or if the license is no longer in the possession of the licensee due to revocation, termination, or transfer of the license.

TraderPackages / AddOns from 3rdParty providers:

If the TraderPackages / Addons come from the IT Department of TRADERSYARD/ TradersYard-X, the conditions mentioned in 14) apply. However, if the intellectual property of the components is not the responsibility of the IT department of TRADERSYARD, then the respective publisher of the software is responsible for the functionality of the package/add-on.

Among all others, this includes all add-ons of these manufacturers that are listed under the following link and the following pages of this link:

https://shop.tradersyard.com/addons/3rd-party-extensions/

In case of problems with components of these manufacturers, it can happen that the user is forwarded to the respective partner.

To clarify: In such a case the TradersYard-X store is only the sales channel and is to be seen as e.g. the Amazon Store, Google Play, etc., where products are offered, but in are the manufacturer responsibility (in terms of function, liability and support) of the respective producer. Due to the inexperience of the function and the source code, TRADERSYARD is not able to analyze these products and to pass on information about them. The contracting party for these products is not TRADERSYARD, but the partner who distributes this product via the TradersYard-X / TradersYard-Shop through us.

TRADERSYARD can understandably not assume any responsibility for the use of packages/add-ons that do not appear in this list due to the impossibility of quality controls, and full responsibility for the correctness and functioning of these third-party components passes to the user.

16. Information from third-party websites/events/technologies:

These are components and information events created by independent vendors that are not members of TRADERSYARD GmbH’s staff. To the extent such third parties or their technologies provide opinions, recommendations, or signals regarding the purchase or sale of securities, you understand that such opinions, recommendations, and signals are expressed by the third party and are not the opinions or recommendations of TRADERSYARD/TradersYard-X. The third-party information or technology and/or website and/or add-ons do not constitute a recommendation by TRADERSYARD/TradersYard-X to invest in securities or to pursue an investment strategy.

The presence of these aforementioned technologies and our consent to a connection through our technology, website, or trading platform does not constitute any representation, warranty or another guarantee by us as to the present or future value or suitability of any sale, trade, or other transaction involving any particular security or other investment. The existence of such information, tools, and services provided by the third party and/or its technologies does not constitute an endorsement by the third party and/or its technologies.

17. Severability clause

If parts of this contract are not in correspondence with existing law, the contract is still applicable and the remaining provisions are still valid.

18. Concluding provisions

a) For contracts with retailers, legal entities of public law, and public legal special property, the place of execution for delivery and payment as well as the place of jurisdiction is agreed upon as Vienna. The place of jurisdiction for all legal disputes with TRADERSYARD is the locally competent court for commercial matters with jurisdiction in the disputed amount according to the respectively registered office of TRADERSYARD at the time of the respective underlying contractual agreement.

b) For all legal relationships of entities, Austrian law is applicable with the exclusion of the UN commercial law (CISG). As long as there are no opposing mandatory statutory regulations according to the residency status of the customer, then Austrian law is valid.