Terms of Service

1. Acceptance of Terms

By accessing, downloading, or using any Merkava Labs products, indicators, or services ("Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations.

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Definitions

• "Products" means all trading indicators, expert advisors, and software provided by Merkava Labs
• "User" means any individual or entity using our Products or Services
• "License" means the right to use our Products as defined in Section 4
• "Intellectual Property" means all proprietary algorithms, code, methods, and documentation
• "MQL5 Market" means the official MetaQuotes marketplace for MT5/MT4 products

3. Eligibility

To use our Services, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable laws
• Provide accurate and complete registration information
• Comply with all applicable laws regarding online conduct and content

4. License Terms

4.1 Grant of License

Subject to your compliance with these Terms and payment of applicable fees, Merkava Labs grants you a non-exclusive, non-transferable, revocable license to use our Products in accordance with:

• The specific license terms on MQL5 Market
• The number of activations purchased
• Personal or commercial use as specified in your license
• The technical documentation provided

4.2 License Restrictions

You may NOT:

• Reverse engineer, decompile, or disassemble the Products
• Modify, adapt, or create derivative works
• Remove or alter any proprietary notices
• Redistribute, resell, or sublicense the Products
• Use the Products for any illegal or unauthorized purpose
• Share your license keys or account credentials
• Circumvent any license activation or security mechanisms
• Use the Products to develop competing products

4.3 MQL5 Market Terms

Products purchased through MQL5 Market are also subject to MetaQuotes' terms and conditions. In case of conflict between these Terms and MQL5 Market terms regarding license activation and technical delivery, MQL5 Market terms prevail.

5. Intellectual Property Rights

5.1 Ownership

All Products, including but not limited to algorithms, source code, object code, methods, techniques, documentation, and trade secrets, remain the exclusive property of Merkava Labs. These Terms do not transfer any ownership rights to you.

5.2 Trademarks

MERKAVA LABS, AZIMUTH, ORACLE, ATIS, and associated logos are trademarks of Merkava Labs. You may not use these marks without our prior written consent.

5.3 Feedback

Any suggestions, feedback, or ideas you provide about our Products become the property of Merkava Labs and may be used without compensation or attribution to you.

6. Payment Terms

6.1 Pricing

• All prices are listed in USD on MQL5 Market
• Prices are subject to change without notice
• Applicable taxes may be added based on your jurisdiction

6.2 Payment Processing

All payments are processed through MQL5 Market's secure payment system. We do not directly handle payment information. Payment disputes should be directed to MQL5 Market support initially.

6.3 Refund Policy

Due to the digital nature of our Products:

• Refunds are generally not available after download/activation
• EU consumers: 14-day withdrawal right is waived upon immediate download (Directive 2011/83/EU, Article 16(m))
• Exceptions may be made for proven technical defects that cannot be resolved
• Refund requests must be submitted within 30 days of purchase

7. User Responsibilities

7.1 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your MT5/MT4 platform is properly licensed

7.2 Compliance

You agree to comply with all applicable laws, including but not limited to:

• Financial regulations in your jurisdiction
• Export control laws and regulations
• Anti-money laundering (AML) requirements
• Tax obligations arising from trading activities

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Products are provided "AS IS" and "AS AVAILABLE"
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
• We do not warrant that Products will be error-free or uninterrupted
• We do not guarantee any specific trading results or profits
• Past performance does not guarantee future results

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERKAVA LABS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Trading losses incurred while using our Products
• Damages resulting from third-party services or platforms

9.2 Maximum Liability

Our total liability for any claim arising from these Terms or use of Products shall not exceed the amount paid by you for the specific Product giving rise to the claim in the 12 months preceding the claim.

9.3 EU Consumer Rights

For EU consumers, these limitations do not exclude or limit liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded under EU law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Merkava Labs, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use or misuse of the Products
• Your violation of these Terms
• Your violation of any third-party rights
• Your trading activities and investment decisions
• Any content or data you submit through our Services

11. Termination

11.1 Termination by You

You may terminate your use of our Products at any time by ceasing use and uninstalling the software.

11.2 Termination by Us

We may terminate or suspend your license immediately, without prior notice, if:

• You breach any provision of these Terms
• We are required to do so by law
• We discontinue the Product or Service
• You engage in fraudulent or illegal activities

11.3 Effect of Termination

Upon termination:

• All licenses and rights granted to you will immediately cease
• You must stop using and uninstall all Products
• Accrued rights and obligations survive termination

12. Dispute Resolution

12.1 Applicable Law

These Terms are governed by the laws of Italy and applicable EU regulations, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Italy. For EU consumers, this does not affect your right to bring proceedings in your country of residence.

12.3 Online Dispute Resolution (EU)

EU consumers may use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

12.4 Attempt to Resolve

Before initiating legal proceedings, parties agree to attempt good-faith resolution through direct negotiation for at least 30 days.

13. Privacy & Data Protection

Your use of our Services is also governed by our Privacy Policy, which complies with GDPR and applicable data protection laws. By using our Services, you consent to our data practices as described in the Privacy Policy.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes become effective upon posting to our website. Continued use of Products after changes constitutes acceptance of modified Terms.

For material changes, we will provide notice via:

• Email to registered users
• Prominent notice on our website
• Update notification in the Products (where applicable)

15. Force Majeure

Merkava Labs shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any product-specific terms, constitute the entire agreement between you and Merkava Labs regarding the use of our Products and Services, superseding any prior agreements.

18. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Merkava Labs' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the EU Dual-Use Regulation and U.S. Export Administration Regulations. You represent that you are not located in a country subject to embargo or designated as a "terrorist supporting" country.

20. Contact Information