Subscription Terms and Conditions

I. Definitions

Customer: any individual or entity which is authorised to use the Services by having a unique username and log-in information. 

Service(s): the supply by AE of proprietary research and analysis of the market news and data whether via website or mobile app or otherwise.

Service Supplier and/or AE: Alpha Enigma Ltd, registered at 61 Saint Dunstan’s Road, London W6 8RE, UK (“AE”)


II. Scope

  1. All quotations and orders for the Services which have been accepted by AE are exclusively subject to the Subscription Terms and Conditions (“Terms and Conditions”) 
  2. Each Contract of subscription shall consist of these Terms and Conditions and the quote or acknowledgment of Customer‘s order.  Such quote or acknowledgment shall become a binding contract (“Suscription Contract”) against Customer when (i) signed or accepted by Customer or (ii) signed and delivered by AE. For the purpose of the Terms and Conditions Customer shall mean  any individual or entity which is the user,  authorised to use the Services by having a unique username and log-in information. 
  3. The purpose of the Services is for information purposes only, and is not investment recommendation, Customer should (i) only rely on its content at its own risk and costs and (ii) carry out its own due diligence as to the accuracy and suitability for its purposes.
  4. Furthermore, the Customer acknowledges and agrees that the Services provided shall not be construed as an offer or solicitation to buy, sell or invest in any financial products. The final decision and responsibility with respect to purchase and sale of financial products and investments rests solely with the Customer. 


III. Free Trial

If Customer is on a free trial, all the Terms and Conditions hereof apply save as the subscription fees and payment below which DO NOT apply. AE is
entitled to terminate any free trial at any time whether with or without notice.

IV. Subscription fees and Payment

  1. All prices quoted for the Subscription Contract shall be exclusive of VAT. Payment has to be made in the currency stipulated in the order form.
  2.  If not contractually agreed otherwise payment of the price is due in advance prior to the authorised access to the Service is granted to Customer. The
    price is non-refundable unless otherwise agreed. All bank charges shall be for the account of the Customer.


V. Delivery of the Services

  1.  AE exercises due care in offering the Services, it shall use commercially reasonable efforts to deliver the Services from time to time in its own discretion.
    AE is entitled without notice and without liability to make changes to the Services. AE is entitled to suspend the Services in the event of exceptional
    circumstances such as illness preventing it from performing the Services.
  2. The Services are deemed as having been delivered once Customer has had access via its log-in information.
  3.  If the delivery of the Services or parts of it, is delayed or prevented by any unforeseen incidents outside AE’s responsibility and beyond its control, AE is not obliged to deliver during the obstruction and a reasonable period of time thereafter to restart business again. The Customer hereby accepts the supply of less than the quantity ordered. If the obstruction will presumably not come to an end in a reasonable period of time, AE is entitled to cancel the subscription entirely or partially whereby the Customer has no right to claim loss or damages for breach of contract or late delivery unless in cases of gross negligence or intent.


VI. Intellectual Property Rights

  1. AE owns all of the copyrights and other intellectual property rights in connection with the Services.
  2. The Customer is granted a limited, non-exclusive, non-transferable licence to use the Services for non-commercial purposes only, subject to the terms of these Terms and Conditions.
  3. The Customer may have access to the Services on the screen of his/her device for his/her personal use only.
  4. The Customer may not sublicence, retrieve, display, modify, copy, sell, reverse engineer or create extracts of, or derivative works from the Services without AE specific prior written consent.
  5.  The Customer shall ensure that no password, username, or other log-in information is shared. The Customer shall notify AE immediately of any
    apparent breach of security such as loss, theft, misuse or unauthorised disclosure or uses of a password.
  6. If acting reasonably, AE considers that there has been any breach of the licence terms to use the Services, then without prejudice to any other remedies, AE is entitled in its discretion without refund to terminate and/or suspend the Services.


VII. Customer’s obligations and breach of Contractual Duties

  1. The Customer shall not (i) sell access to the Services, (ii) use the Services to provide a similar service to third parties or otherwise with the view to competing with AE, (iii) do anything which may have the effect of disrupting the Services. 
  2. In case the Customer failed to perform its duties under these Terms and Conditions (including the duty to provide the payment within requested time period in accordance with clause II) or another contract between the Customer and AE, AE is – at its choice and upon written notice to the Customer – entitled to one or more of the following:

(i) to terminate the contract
(ii) to entirely or partially refuse the delivery of the Services which have been ordered.


VIII. Liability

  1. As far as AE liability does not result from an intentional breach of contract AE’s liability is restricted to the total fees payable by Customer in a 3-month subscription period.   
  2. In no event (including its own negligence) AE will be liable for any economic losses, (including without limit, loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill or reputation; special, indirect or consequential losses or damage to or loss of data.
  3. To the extent allowed by law, AE excludes all terms whether imposed by statute or by law or otherwise, that are not expressly stated in these Terms and Conditions. 
  4. The Customer is responsible for any infringement of patent rights, trademarks, firm names, design rights, copyrights, licences or other intellectual property rights of third persons 

The Customer is obliged to indemnify AE against third persons’ claims due to an infringement of the rights mentioned in this paragraph.


IX. Compliance with Law The Customer shall at all times conduct its operations and activities in strict compliance with all applicable laws, rules and
regulations including but not limited to the anti-corruption regulations. A breach of this clause shall be considered material and we will be entitled to
terminate the contract with immediate effect by notice in writing.

X. Privacy Data The personal data of the Customer may be processed in accordance with the terms of AE privacy policy. Customer’s data shall be
collected, recorded, organised, stored and used with the aim of fulfilling the execution of the order of subscription. AE commits to have all times
appropriate technical and organisational measures in place to protect Customer’s Personnel Data against unauthorised or unlawful processing,
accidental loss, destruction or damage

XI. Notices All notices referred to in these conditions can be sent by post, fax or e-mail and are deemed to be served seventy-two hours after posting.

XII. Governing Law and Jurisdiction
This contract shall be governed English law and is subject to the exclusive jurisdiction of the courts of England and Wales.

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