Terms and Conditions
1. Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Vegadrift Ltd. (“Company,” “we,” “us,” or “our”), concerning your access to and use of the vannaq.com website as well as any other media form, media channel, or service related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2. Investment and Financial Risk Disclaimer
All content and services provided by Vegadrift Ltd. on the Site are for informational and educational purposes only. Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security, investment, or strategy. Vegadrift Ltd. is not a registered securities broker-dealer or an investment adviser with the U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), or any state securities regulatory authority. We are not licensed or qualified to provide investment, legal, or tax advice. You are solely responsible for determining whether any investment, investment strategy, security, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. You should consult your legal, tax, or financial professional regarding your specific situation. Trading and investing in securities involves substantial risk of loss and is not suitable for every investor.
3. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks,” including “VannaQ” and the VannaQ logo) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
4. User Registration and Obligations
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. You are solely responsible for any and all activity on your account. You must be at least 18 years of age to subscribe.
By subscribing to our service, you acknowledge that you qualify as a “Non-Professional” subscriber. A “Professional” subscriber, who may be required to pay for additional exchange fees, is defined as any person or entity who is:
- Registered or qualified with the SEC, CFTC, FINRA, or any other securities agency or regulatory body;
- Engaged as an investment adviser or asset manager;
- Using the service for any commercial or business purpose, or on behalf of any entity other than themselves.
You agree to accurately represent your status. Misrepresentation may result in immediate termination of access and additional fees owed for unlicensed Professional usage of market data.
5. Subscriptions, Payments, and Refunds
We may offer monthly, quarterly, and yearly subscription plans.
- Payments: All payments are handled through our third-party payment processor, Stripe. We do not store or have access to your credit card information.
- Automatic Renewal: All subscription plans will automatically renew at the end of the subscription period unless cancelled.
- Cancellation: If you do not wish to renew, you must cancel your subscription at least 24 hours prior to your renewal date. You can manage your subscription and cancel at any time through your account settings page.
- Refund Policy: All sales are final. Monthly, quarterly, and yearly subscriptions are non-refundable. We do not provide refunds or credits for any partial subscription periods. See the Refund Policy for further detail.
6. Prohibited Activities & User Conduct
You may not access or use the Site for any purpose other than that for which we make the Site available. As a user, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
- Share your subscription, password, or access to the Site with any other person. Subscriptions are for personal use only;
- Use any information obtained from the Site in order to harass, abuse, or harm another person;
- Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the Site;
- Introduce viruses, worms, or other malicious code, or interfere with or disrupt the integrity or performance of the Site;
- Use the Site for any illegal, fraudulent, or unauthorized purposes, including market manipulation or deceptive practices.
7. Third-Party Websites and Content
The Site may contain links to other websites (“Third-Party Websites”). Such Third-Party Websites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site. The inclusion of any links does not imply an endorsement or recommendation by us. Market data displayed on the Site is sourced from third-party providers; we make no representations as to the timeliness, completeness, or accuracy of any such data.
8. Disclaimer of Warranties
THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, OR (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.
9. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EXCEPT IN CASES OF OUR FRAUD, WILLFUL MISCONDUCT, INTENTIONAL INJURY, OR GROSS NEGLIGENCE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND EXCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, INTENTIONAL INJURY, OR GROSS NEGLIGENCE, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR USD $1,000.00, WHICHEVER IS GREATER.
10. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Site or breach of these Terms and Conditions.
11. Governing Law and Dispute Resolution
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or, if applicable to the user, the AAA Consumer Arbitration Rules). The arbitration will be primarily conducted virtually via video conference or other electronic means. In-person hearings, if deemed necessary by the arbitrator or mutually agreed upon by the parties, shall be conducted in Los Angeles, California, USA. Judgment on the arbitration award may be entered in any court having jurisdiction.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
12. Termination
We reserve the right, in our sole discretion and without notice, to terminate your access to the Site and your account for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions.
13. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: [email protected].
Options, futures and forex 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 one’s 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.