Trade With ARC Terms of Use and Conditions of Sale
OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND ENSURE THAT YOU UNDERSTAND SGOS LTD.’S (“SGOS,” “WE,” “US” “OUR”) TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING OUR SITE OR PRODUCTS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 20 AND 21). THESE TERMS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND SGOS LTD. FOR USE OF ITS WEBSITE.
Your use of, and access to, www.tradewitharc.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Site”), which are owned and/or maintained by SGOS LTD. (“SGOS,” “we,” “our,” “us”), and your use, and access to any of SGOS’s software and products, are governed by the policies, terms, and conditions set forth below. Please read these terms carefully. We offer the Site, including all information, tools, products, and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. By accessing, using, or placing an order over the Site, you agree to the Terms set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Site or any of SGOS’s products in any manner or form whatsoever.
THESE TERMS CONTAIN ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 22 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 22 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT. PLEASE SEEK INDEPENDENT COUNSEL BEFORE AGREEING TO THE PROVISIONS IN SECTION 22.
TERMS OF USE
1. Site Use
1.1. SGOS’s Site, its products, and services are intended to be accessed and used by adults only. By accessing and using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or jurisdiction of residence. If you use the Site, you affirm that you have the legal capacity to enter into a binding contract with us, and have read these Terms and understand and agree to these Terms.
2. Changes to These Terms
2.1. SGOS reserves the right to unilaterally update, change, remove, or replace any part of these Terms by posting updates and/or changes to our Site and such changes and amendments will become valid and enforceable. You can review the most current version of these Terms at any time by visiting this page (https://www.tradewitharc.com/terms-of-service ). Your continued use of, or access to, the Site following the posting of any changes constitutes your binding acceptance of those changes.
3. Privacy and Security Disclosure
3.1. SGOS’s Privacy Policy may be viewed at https://tradewitharc.com/privacy-policy/. The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of this Agreement. SGOS reserves the right to modify the Privacy Policy at its sole discretion.
4. No Investment Recommendations or Professional Advice
4.1. SGOS and its employees, officers, directors, managers, members, shareholders, contractors, and principals (“Affiliated Parties”) are not investment advisers or financial advisers. SGOS and its Affiliated Parties do not provide investment advice. SGOS does not pool customer assets and it does not accept deposits of funds. SGOS does not provide commodity trading advice based on, or tailored to, the commodity interest or cash market positions or other circumstances or characteristics of particular clients nor does SGOS direct any customer accounts. All information on this Site is for information only, without any recommendation and specific obligation for action.
4.2. Neither the Site nor any of SGOS’s products or services are intended to provide tax, legal, insurance, or investment advice. None of the content provided on the Site or through any of SGOS’s products should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by SGOS, its Affiliated Parties, or any third party. You should consult with an investment professional regarding any trading strategy, algorithm, or a particular trade prior to subscribing to any of SGOS’s products.
4.3. You alone are solely responsible for determining whether any of SGOS’s products or services are appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation before subscribing to any of SGOS’s products and before using the Site.
4.4. To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to your investment needs or to the investment needs of any specific person. You understand that an investment in any type of commodity or product is subject to a number of risks, and that discussions of any security published on the Site will not contain a list or description of relevant risk factors.
4.5. Any information you receive from word-of-mouth communications, social media advertising, public advertising, website materials, videos, sales pages, demonstrations, customer communications, or other promotional materials is provided for general informational and educational purposes only. No such information should be interpreted as individualized investment advice, a guarantee of performance, a promise of profitability, or a recommendation that the Software is suitable for you or for any specific account.
5. Performance Data and Opinions
5.1. You understand that performance data is supplied by third party sources that are believed to be reliable, that the calculations on our Site are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
5.2. From time to time, our Site may reference articles, guides, videos, clips, and opinions that we have published. These references may be selective, may reference only a portion of an article, guide, video, clip, or opinion, and are likely not to be current as of the date you may view them. As markets change continuously, previously published information and data may not be current and you should not rely upon such previously published information.
5.3. All content on the Site is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
5.4. All trades, patterns, charts, and systems that are discussed, used as an example, or presented by SGOS are for illustrative purposes only and are not to be construed as specific investment advice or recommendations.
6. No Direct Lending
6.1. SGOS does not offer any lending services, either personal or business, and we do not provide any capital in connection with any of our products. Your ability to obtain loans and capital, including the amount, rate, and other terms, will ultimately depend on the determination of third party lenders and brokers, which is beyond our control and it is a relationship to which we are a third party. We do not guarantee that you will be qualified for or receive any particular offer from any lender or broker. We are a third party to any relationship that you may have with a lender or broker and the relationship between you and the third party broker may be subject to a separate agreement.
7. Third Party Broker
7.1. SGOS shall not be responsible for, or undertake to conduct due diligence on, third party brokers you use in connection with any of SGOS’s products.
7.2. You shall be solely responsible for any decision to transact with any third party in order to use SGOS’s products, as well as the price, terms, or structure of any such transaction and agreement. SGOS will not be liable under any agreement entered into between you and the third party broker and SGOS is not bound by any additional terms included in the agreement between you and the broker. SGOS shall not be responsible for any acts or omissions committed by any third parties in connection with your use of the Site, SGOS’s products, or these Terms.
8. Securities & Investing Disclaimer
8.1. You acknowledge and accept the following disclosures relating to the access and use of SGOS’s products and this Site:
8.1.1. No Representation: SGOS does not represent that any account will or is likely to achieve profits or losses similar to any model portfolio, scenario, past performance data or any other data regarding SGOS’s products. The past performance of any trading system or methodology is not necessarily indicative of future results.
8.1.2. Performance: PAST PERFORMANCE IS NOT A GUARANTEE OR A RELIABLE INDICATOR OF FUTURE RESULTS. Please note that some of the results we show may be some of our top performing accounts and the results we show are not necessarily typical results. The exceptional growth numbers achieved by some of our users depend on various factors, and we do not guarantee any specific amount of growth or success of any software applicable. Depending on the algorithm and its launch date, we have been collecting hundreds of Myfxbook links from users running SGOS’s algorithms that are willing and able to provide them since January 2023. It is important to note that any returns presented do not account for mid-month capital activity which can affect results materially. Individual users may have started with varying initial capital investments and used one or more of our algorithms for varying amounts of time, which can impact investment performance.
8.1.3. No Guarantee: SGOS does not represent that any product will or is likely to achieve profits or losses similar to those discussed on the Site, discussed in our marketing materials, or during previous live demonstrations. The past performance of any trading system, algorithm, strategy, or methodology is not necessarily indicative of future results. You hereby acknowledge and accept that all trades, patterns, charts, and systems discussed on the Site are for illustrative purposes only and not to be construed as specific investment advisory recommendations, and the information is not tailored to any customer’s personal financial situation. You acknowledge and accept that information contained on the Site is intended for informational purposes only.
8.1.4. Forex Disclaimer: SGOS’s products involve trading of foreign exchange (“forex”). Trading forex on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to invest in forex, you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with forex trading and seek advice from an independent financial advisor if you have any doubts.
Unless exempt from registration, the purchase, sale, or advice regarding forex can only be performed by persons registered with (i) the CFTC (futures commission merchants, introducing brokers, commodity trading advisors, commodity pool operators, retail foreign exchange dealers, and licensed associated persons of such entities), and/or (ii) the SEC (broker-dealers and/or investment advisers and their licensed associated persons), and (iii) a state regulator (each, an “Intermediary”). Neither we, nor our Affiliated Parties or associated persons involved in the production and maintenance of our products and services or this Site, is an Intermediary. We make no representation that you will or are likely to achieve profits or losses similar to those discussed on the Site. The past performance of any trading system or methodology is not necessarily indicative of future results.
8.1.5. Cryptocurrency Risk: Some of SGOS’s products involve investing in cryptocurrency. Investing in cryptocurrency involves a significant amount of risk and is a high risk investment. The value of cryptocurrencies and digital assets is very volatile, often fluctuating by large amounts within a short period of time. You may lose any or all of your balance in your trading account due to investing in cryptocurrency and digital assets. You acknowledge and accept that the risks that arise from investing in cryptocurrencies or digital assets include but are not limited to: high volatility in prices, regulatory uncertainty, lack of consumer protection, and vulnerability to hacking.
8.1.6. Market Risk: Market risk is the potential for financial loss due to fluctuations in market prices driven by various factors including, but not limited to, interest rates, currency fluctuations, commodities, and geopolitical matters. You hereby acknowledge and accept that market risk may impact the performance of our products and may in turn impact the performance of your trading account, and you may lose any or all of your balance in your trading account. You should consult an investment advisor, financial professional, attorney, or tax professional regarding your particular financial situation to understand how market risk may affect you before subscribing to SGOS’s products.
8.1.7. Software Risk: YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY OF SGOS’S PRODUCTS IS AT YOUR SOLE RISK. SGOS does not guarantee uninterrupted, error-free or virus-free products or Site or that the software for any of SGOS’s products will work as intended. You hereby acknowledge and accept that SGOS’s products may result in a loss, including but not limited to inability to use the license, loss of principal on the trading account, loss of opportunity, loss of business and goodwill, pecuniary loss, and other losses related to or arising from technology, such as failures in technology, failure to timely execute a trade, failure to correctly copy a trade, MetaTrader 4 or MetaTrader 5 platform errors, broker platform errors, loss, interruption or delay or recovery of data, breach of data, lost, interrupted or unavailable network, server, website or other connections, software malfunction, errors, flaws, defects, bugs, and viruses. SGOS is not liable for any losses or damages arising from SGOS’s products or the Site, including but not limited to losses or damages from technical disruptions, such as data loss, loss of profits, or business interruption. You accept that SGOS’s products and Site are provided “as is” and shall hold harmless SGOS, its Affiliated Parties, and its affiliated companies from any loss or damage resulting or arising from the use of SGOS’s products or the Site. SGOS makes no warranty with regards to the software, whether expressed or implied.
8.1.8. Risk of Loss of Capital: You hereby acknowledge and accept that no information set forth on this Site is an invitation to trade any specific investments. Trading requires risking money in pursuit of future gain. Your decision to use SGOS’s products is your own. Do not risk any money you cannot afford to lose. SGOS does not take into account your own individual financial and personal circumstances. The content accessible through the Site is intended for educational purposes only and NOT as individual investment advice.
8.1.9. Artificial Intelligence and Machine Learning Risks: Some of our trading algorithms use artificial intelligence (“AI”), including machine learning (“ML”), to execute trades. Algorithms that use AI are trained by analyzing large amounts of data, extracting and assessing patterns, and forecasting price movements. Past performance is not indicative of future results and use of AI in algorithmic trading may result in the entire loss of the balance in your trading account. You acknowledge and accept that using AI/ML trading algorithms to execute trades in your trading account may result in a number of limitations and risks, including but not limited to the following:
Limitations to Data: As AI/ML trading algorithms depend on historical data, the datasets used to train the AI/ML trading algorithms may present limitations, such as being incomplete, biased, or unrepresentative of future conditions. Using AI may also result in erroneous trades resulting from issues with quality of the data, including but not limited to inaccurate, missing, or corrupted input data, and may lead to the entire loss of the balance of your trading account.
Hallucinations (i.e., False Correlations): Using AI/ML trading algorithms in trading may result in hallucinations, which are false correlations between datasets or the presentation and use of false, misleading, or incorrect information as fact. Customers must note that traditional backtesting is less applicable to AI/ML trading algorithms due to the dynamic and adaptive nature of AI/ML, and historical results may not always be relied upon when training the AI/ML.
Technological and Operational Risks: All forms of technology are faced to a degree with operational risk. AI/ML trading algorithms are therefore susceptible to such operational risk, such as technological failures, connectivity issues, or coding errors as described in Section 8.1.7 above, where such risks may disrupt trading and may result in the entire loss of the balance in your trading account.
Market Risks and Geopolitical Risks: Although AI/ML is designed to be adaptable to shifting changes in the market, AI/ML trading algorithms may not adapt quickly enough to all shifts in, or to all types of, changes in economic policy and geopolitical matters when trading, and may fail to avoid losses or to make a profit.
Model Degradation: Although SGOS performs ongoing monitoring and periodically retrains the AI/ML, regardless of SGOS’s efforts, performance of the AI/ML trading algorithms may actually degrade over time and result in a loss to the balance of your trading account.
9. Intellectual Property
9.1. The Site, SGOS’s products, and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, algorithms, SGOS’s products, graphics, photos, sounds, videos, interactive features, services, links, third-party apps, and any other content on the Site or within SGOS’s products (“Content”) and the trademarks, service marks, and logos contained therein are the property of SGOS and its third-party licensors or providers. You acknowledge and accept that SGOS owns, and will retain, the exclusive ownership of all rights, title, and interest in and to the Content, together with all of the goodwill associated therewith, derivative works, and all other rights to which SGOS and its predecessors may have at any time created, adopted, used, registered, or been issued world-wide (collectively, the “Intellectual Property”). You will not cause, or cause or permit to be done, any acts or things contesting or in any way impairing or tending to impair any portion of the Intellectual Property. You acknowledge that you have no right or interest in the Intellectual Property. You will not (i) cause or permit your business name to include any of the Intellectual Property or your business to be operated in a manner which is substantially associated with any of the Intellectual Property or (ii) acquire or attempt to acquire, for yourself or for others, or grant or attempt to grant, any rights in or to any of the Intellectual Property, either through registration or use.
9.2. By using the Site or SGOS’s products, you hereby grant SGOS a non-exclusive, transferable license to use, publicize, display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, audit, transfer, disclose, publish, edit, adapt, create derivative works, exploit, sell, rent, license, or otherwise use and permit others to use your name, image, likeness, initials, autograph, voice, photographs, biography, renderings, and other identifiers (“Customer Data”) along with any images, case studies, performance data, trade data, and statistics related to the advertising, promotion, and other commercial and business purposes relating to SGOS, its Affiliated Parties, and their respective businesses, products, and services, throughout the universe and in any medium or format, whether now existing or hereafter devised, including, without limitation, in magazines, third-party websites, brochures, and other print publications, electronic, magnetic, and optical media, television broadcasts, displays, point-of-sales, and other advertising and promotional materials, press releases, and the internet, without further consent from or royalty, payment, or other compensation to you. SGOS acknowledges that you own all rights, title, and interest, including all intellectual property rights, in and to the Customer Data.
SGOS LTD.
Craigmuir Chambers, Road Town, Tortola,
VG 1110, British Virgin Islands
Email: help@tradewitharc.com
10. User Conduct
10.1. You may not use, copy, display, sell, license, decompile, download, reverse engineer, republish, upload, post, transmit, distribute, create derivative works, or otherwise exploit content from the Site or SGOS’s products to online bulletin boards, message boards, newsgroups, chat rooms, websites, or in any other manner, without prior written permission from SGOS. Modification of the Content or use of the Content other than for the purposes expressly stated in any agreements with SGOS is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
10.2. In addition, in connection with your use of the Site, SGOS’s products and services, you agree not to:
10.2.1. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site or SGOS’s products;
10.2.2. Use the Site, SGOS’s products or services for any unlawful purpose;
10.2.3. Express or imply that any statements you make regarding SGOS, SGOS’s products, or the Site are endorsed by us, without our prior written consent;
10.2.4. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site or SGOS’s products;
10.2.5. Disable, damage, or alter the functioning or appearance of the Site or SGOS’s products, including the presentation of advertising;
10.2.6. “Frame” or “mirror” any part of the Site or SGOS’s products without SGOS’s prior written authorization;
10.2.7. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” “scrape,” “harvest,” or in any way reproduce or circumvent the navigational structure or presentation of the Site, SGOS’s products, or any of the Contents;
10.2.8. Harvest or collect information and data about visitors to the Site and/or users of the Site and SGOS’s products without their express consent;
10.2.9. Send unsolicited or unauthorized advertisements, spam, chain letters, or other similar communications to other users of the Site; or
10.2.10. Transmit through the Site, upload, or create on the Site any Content which contains software viruses, bugs, spyware, malware, worms, scareware, trojan horses, or other harmful computer code, files, software, or programs.
11. Account Registration
11.1. In order to access some of the products or services of the Site, you will be required to create an account. By creating this account, you agree to the following:
11.1.1. You shall only maintain a single account;
11.1.2. You agree to never share your account username or password or knowingly provide or authorize access to your account;
11.1.3. You shall never use another user’s account without permission;
11.1.4. When creating your account on the Site, you must provide us with accurate and complete information;
11.1.5. You are solely responsible for the activity that occurs on your trading account, and you must keep your account password secure;
11.1.6. You must notify us immediately of any breach of security or unauthorized use of your account; and
11.1.7. You will be liable for any use of your account or password and the losses of SGOS, its Affiliated Parties, or any third parties due to such unauthorized use. You acknowledge and accept that SGOS and its Affiliated Parties will not be liable for your losses caused by any unauthorized use of your account.
11.1.8. SGOS has the right, in its sole discretion and for whatever reason, to cancel your subscription and access to any of SGOS’s products and/or to suspend your access to the Site.
12. Suspension, Failed Payments, and Access Restrictions
12.1. SGOS may temporarily or permanently suspend, limit, revoke, or terminate your access to all or any portion of the Site, Software, Services, downloads, updates, private access keys, account authorization, trade signals, support, or related infrastructure if:
12.1.1. You fail or refuse to pay any amount owed to SGOS;
12.1.2. Your payment method is declined, expired, disputed, charged back, reversed, cancelled, or otherwise unavailable;
12.1.3. You cancel a subscription or recurring billing authorization;
12.1.4. Your free trial expires and a valid payment method is not successfully charged;
12.1.5. You remove, disconnect, disable, transfer, alter, or interfere with the Software in a manner that prevents account authorization, account value reporting, trade signal access, or other required Software functionality;
12.1.6. You revoke permissions, change brokers, change account information, modify account permissions, disable reporting, close or liquidate the account, or otherwise prevent SGOS from confirming account connection status or receiving required account data;
12.1.7. SGOS reasonably believes that your use of the Site, Software, Services, or related infrastructure creates legal, regulatory, operational, security, payment, reputational, technological, or business risk;
12.1.8. SGOS reasonably believes there is a threat, attack, misuse, attempted unauthorized access, attempted reverse engineering, attempted copying, attempted redistribution, or attempted circumvention involving the Site, Software, Services, access keys, backend systems, or SGOS’s intellectual property;
12.1.9. You violate these Terms or any other agreement, checkout term, product term, payment authorization, or written instruction applicable to the Software or Services;
12.1.10. SGOS’s continued provision of the Site, Software, Services, trade signals, access, or support becomes prohibited, restricted, impractical, commercially unreasonable, or unavailable due to law, regulation, broker restriction, platform limitation, payment processor requirement, third-party service provider issue, or any other reason.
12.2. Suspension or termination does not relieve you of any payment obligation incurred before suspension or termination. SGOS will not be liable for any trading losses, missed trades, missed profits, account losses, drawdowns, margin calls, liquidations, data loss, business interruption, or other damages arising from suspension, limitation, revocation, or termination of access.
13. Free Trial, Checkout, Billing Options, and Automatic Renewal
13.1. Certain SGOS products or Services may be offered with a free trial, promotional access period, one-time purchase option, installment option, subscription option, renewal option, or other billing structure as disclosed at checkout, on an order page, invoice, payment authorization, product page, subscription page, renewal notice, or other written or electronic notice provided by SGOS.
13.2. If a free trial is offered, the free trial begins when you complete checkout, submit your payment method, receive access, activate the Software, or otherwise begin the trial process, as described at checkout. Unless otherwise stated at checkout, no payment is due during the free trial period, but you may be required to provide a valid payment method before the trial begins.
13.3. By starting a free trial, you authorize SGOS and its third-party payment processor to charge your payment method when the trial ends unless you cancel before the end of the trial in accordance with these Terms and the cancellation instructions provided at checkout or through the applicable billing portal.
13.4. If you do not cancel before the end of the free trial, your selected billing option will begin automatically, and your payment method may be charged according to the pricing option you selected at checkout. Unless a different price or billing structure is disclosed at checkout or in a separate written agreement, the available post-trial billing options are: (i) a one-time payment option of $8,500 charged after the expiration of the 30-day free trial unless you cancel before the trial ends; or (ii) a monthly payment option of approximately $833 per month for twelve (12) months, totaling approximately $10,000, with the first monthly payment charged after the expiration of the 30-day free trial unless you cancel before the trial ends.
13.5. If you choose a recurring monthly payment option, you authorize SGOS and its payment processor to charge your payment method automatically on a recurring monthly basis after the expiration of any applicable free trial unless you cancel before the trial ends. If you choose a one-time payment option, you authorize SGOS and its payment processor to charge your payment method for the one-time purchase amount disclosed at checkout after the expiration of any applicable free trial unless you cancel before the trial ends.
13.6. The pricing, payment timing, installment amount, monthly amount, total amount, renewal amount, and trial length stated at checkout will control if they differ from the examples stated in these Terms.
13.7. If any payment fails, SGOS may retry the charge, request updated payment information, suspend or terminate access, prevent download or use of the Software, stop trade signal access, cancel any trial or subscription, or pursue collection of amounts owed.
13.8. Prices, billing structures, promotional terms, trial terms, renewal terms, and subscription terms may vary based on the offer presented to you at checkout. SGOS may modify pricing or billing terms for future purchases, future renewals, or future billing periods to the extent permitted by applicable law and any applicable written agreement.
14. Renewal Platform Fee and Daily Account Value Reporting
14.1. Unless otherwise stated at checkout or in a separate written agreement, the initial purchase price provides Software access for the initial access period described at the time of purchase. After the initial access period, continued access to the Software, trade signals, account authorization, updates, support, or related Services may require payment of a renewal platform fee, subscription fee, access fee, or other recurring fee.
14.2. If the applicable renewal platform fee is based on account value, the renewal platform fee will accrue daily based on the highest reported daily account equity, account value, net asset value, or other applicable account value reported while the Software is connected and reporting account information.
14.3. Unless otherwise stated at checkout or in a separate written agreement, the renewal platform fee will accrue at a daily rate of 0.005479% of the applicable reported daily billing value, equal to 2% annually. Accrued daily fees will be aggregated and charged monthly in arrears to the payment method on file.
14.4. The Software may automatically report daily account values, account equity, account connection status, account authorization status, account identifiers, broker or server information, Software status, and related operational information while it is connected. The applicable daily billing value may be determined using the highest reported account equity during the applicable day, account balance, net asset value, or other account value available to SGOS from the Software, trading platform, broker connection, or other connected account data source.
14.5. If daily reporting of account value is unavailable, interrupted, removed, disabled, or prevented because you remove the Software, disconnect the Software, transfer funds, change brokers, modify account permissions, disable reporting, revoke access, close the account, liquidate the account, or otherwise prevent SGOS from obtaining accurate account data, SGOS will calculate the monthly renewal platform fee only by adding the daily fees for the days during that month where account value was actually reported and available to SGOS.
14.6. SGOS will not estimate account value for unreported days solely to increase the renewal platform fee. If no account value is reported for a day, no account-value-based renewal platform fee will accrue for that unreported day. If the reported account value is zero for a day, no account-value-based renewal platform fee will accrue for that day.
14.7. Continued access to trade signals, Software functionality, account authorization, updates, and platform access may require ongoing daily reporting of account value and account connection status. If the Software stops reporting that it is connected, stops reporting required account information, or is otherwise unable to verify the account’s active connection and authorization status for a full twenty-four (24) hour period, the Software may stop receiving, transmitting, executing, or making available trade signals on the following day and until reporting and authorization are restored.
14.8. If the Software is disconnected, removed, disabled, unable to report account value, or otherwise fails to report required account information for a full twenty-four (24) hour period, billing based on account value will stop for the unreported period and will resume only when account reporting is restored and an applicable account value is reported.
15. Cancellation Policy
15.1. You may cancel a free trial, subscription, renewal, or recurring billing arrangement through the applicable self-service billing portal, checkout provider portal, customer account portal, or by contacting SGOS at help@tradewitharc.com, unless another cancellation method is disclosed at checkout or in a separate written agreement.
15.2. If you cancel before the end of an applicable free trial, your payment method will not be charged for the post-trial billing option, provided the cancellation is completed before the trial expires and before the payment processor initiates the charge.
15.3. If you cancel after a subscription, monthly payment plan, renewal, or recurring billing period has already begun, cancellation will apply to future billing periods only. Unless otherwise required by applicable law or expressly agreed in writing by SGOS, cancellation does not entitle you to a refund, credit, or proration for amounts already charged.
15.4. If you cancel a monthly subscription, your access may continue through the end of the then-current paid billing period unless SGOS suspends or terminates access earlier under these Terms. If you cancel a free trial before the trial ends, SGOS may terminate trial access immediately or at the end of the trial period, depending on the configuration of the offer and payment processor.
15.5. Cancelling a subscription, free trial, or billing authorization may result in loss of Software access, trade signal access, account authorization, updates, downloads, support, or related Services. You are responsible for disabling or removing the Software from your trading platform if you no longer want it to operate. Cancellation of billing does not automatically close trades, disable trading, remove the Software from your device, or manage your account.
15.6. You are responsible for confirming that your cancellation was completed. If you do not receive confirmation of cancellation, you should contact SGOS promptly at help@tradewitharc.com.
16. Refunds
16.1. Unless otherwise stated at checkout, required by applicable law, or expressly agreed in writing by SGOS, all payments are final and non-refundable.
16.2. SGOS does not provide refunds, credits, or prorations for Software access fees, subscriptions, renewal platform fees, monthly charges, one-time payments, setup fees, access fees, failed use of the Software, unused access, partial billing periods, customer delay, customer error, failure to install the Software, failure to configure a trading platform, failure to maintain a compatible broker account, broker restrictions, platform issues, internet issues, VPS issues, operating system issues, antivirus issues, customer cancellation after a billing period begins, or any trading loss or account result.
16.3. If you start a free trial and cancel before the trial expires, no post-trial charge should be made for the selected billing option, provided cancellation is completed before the payment processor initiates the post-trial charge. If a charge has already been initiated, processed, settled, or attempted before cancellation is completed, that charge may be non-refundable unless otherwise required by applicable law.
16.4. No refund will be provided because of trading losses, drawdowns, missed profits, missed opportunities, margin calls, liquidations, broker errors, platform errors, Software behavior, customer configuration, market conditions, strategy performance, lack of profitability, backtest differences, live trading differences, execution differences, or a customer’s decision to stop using the Software.
16.5. Chargebacks, payment disputes, or payment reversals may result in immediate suspension or termination of access to the Software, Services, trade signals, account authorization, downloads, updates, support, or future purchases. SGOS reserves all rights to contest chargebacks and recover amounts owed, including costs, fees, and expenses to the extent permitted by law.
17. Payment Methods, Payment Processor, and Payment Authorization
17.1. All charges are in U.S. Dollars unless otherwise stated at checkout.
17.2. Payments are processed by third-party payment processors, which may include Stripe or another payment processor selected by SGOS. SGOS does not control all payment processor rules, payment timing, banking delays, card network rules, fraud reviews, chargeback procedures, or payment authorization decisions.
17.3. SGOS may accept payment methods made available through its payment processor, including credit cards, debit cards, or other supported payment methods. SGOS is not required to accept any particular payment method and may change accepted payment methods at any time.
17.4. By submitting payment information, starting a free trial, selecting a billing option, purchasing the Software, or maintaining a payment method on file, you authorize SGOS and its payment processors to charge your payment method for all amounts owed, including trial-to-paid charges, one-time payments, monthly payments, subscription fees, renewal fees, renewal platform fees, account-value-based daily accrued fees, taxes, failed-payment reattempts, and any other applicable amounts disclosed at checkout or otherwise authorized by you.
17.5. You represent and warrant that you are authorized to use any payment method you provide, that the payment information you provide is accurate and complete, and that you will maintain a valid payment method for all amounts owed.
17.6. You are responsible for any fees charged by your bank, card issuer, payment provider, or financial institution, including overdraft fees, foreign transaction fees, insufficient-funds fees, chargeback fees, or other charges related to your payment method.
17.7. SGOS and its payment processors may receive updated card information from card networks, card issuers, or payment processors, including updated card numbers or expiration dates, and may use such updated information to process authorized payments. If you wish to opt out of card account updater services, you should contact your card issuer.
17.8. If a payment is declined, reversed, disputed, charged back, or otherwise not completed, SGOS may retry the payment, request updated payment information, suspend or terminate access, cancel your subscription or trial, revoke Software authorization, stop trade signal access, or pursue collection of amounts owed.
18. Customer Information, Account Details, and Access Credentials
18.1. To access certain Software or Services, you may be required to provide information such as your name, email address, phone number, MetaTrader 4 information, MetaTrader 5 information, trading platform information, broker server, account number, account type, payment information, or other onboarding information.
18.2. You agree that all information you provide to SGOS is accurate, complete, current, and not misleading. You agree to promptly update SGOS if any information changes.
18.3. Access to the Software may require a private access key, token, license file, customer identifier, account authorization, or other access credential. Such credentials are personal to you and may not be shared, sold, rented, transferred, assigned, posted, published, or used for any unauthorized account.
18.4. SGOS may bind access to specific customer information, account information, broker server information, trading platform information, device information, or other authorization data. SGOS may suspend or terminate access if it believes an access key, Software copy, account authorization, or license is being shared, misused, reverse engineered, transferred, modified, resold, or used outside the scope of authorization.
18.5. You are responsible for maintaining the confidentiality and security of your access credentials. You are responsible for all activity associated with your credentials, except to the extent caused solely by SGOS’s gross negligence or willful misconduct.
19. Confidentiality
19.1. From time to time, SGOS, its Affiliated Parties, or other third parties, may disclose or make available to you information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic or other form or media, whether or not marked, designated, or otherwise identified as “confidential,” that is not generally known to the public and that is used, developed, disclosed, or obtained by SGOS or by you in connection with the use, access, or subscription to the Site, SGOS’s products and/or services (collectively, “Confidential Information”). Confidential Information shall include, but shall not be limited to, records, software, source code, personal data of its Affiliated Parties, lists, and Intellectual Property, as the same may exist in any form from time to time. You shall not disclose any Confidential Information to any person or entity. Notwithstanding the foregoing, you may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that you shall first have given written notice to SGOS and made a reasonable effort to obtain a protective order; or (ii) to establish your rights under these Terms, including to make required court filings. When making such disclosures, you agree to limit the disclosure to only information necessary to comply with an order of a court or other governmental body, and shall notify SGOS of any such disclosures using the contact details provided under Section 36.1 of these Terms.
19.2. On the expiration or termination of all agreements between you and SGOS, you shall promptly return to SGOS all copies, whether in written, electronic, or other form or media, of SGOS’s Confidential Information, or destroy all such copies and certify in writing to SGOS that such Confidential Information has been destroyed.
20. Disclaimer of Warranties
20.1. EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, THE SITE, SGOS’S PRODUCTS, AND ALL CONTENT PRESENTED ON THE SITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, PERFORMANCE, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE SITE OR ANY OF SGOS’S PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE SITE OR SGOS’S PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY OF SGOS’S PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS IN THE SITE OR SGOS’S PRODUCTS WILL BE CORRECTED; OR (F) SGOS’S PRODUCTS, THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SGOS’S PRODUCTS AND THE SITE. SGOS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OBTAINED WITH SGOS’S PRODUCTS OR SERVICES.
21. Disclaimer of Liability
21.1. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL SGOS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, PARTNERS, PRINCIPALS, AGENTS, ASSIGNS, AFFILIATED ENTITIES, AFFILIATED PARTIES, SUCCESSORS, ASSIGNORS, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, ACCOUNTANTS, ATTORNEYS AND/OR OTHER AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ENHANCED, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS OR SERVICES, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE SITE OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER SGOS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, OR INABILITY TO USE THE PRODUCTS, SITE OR SERVICES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DIMINUTION OR LOSS OF BUSINESS OPPORTUNITY, INCREASED COST, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF DATA, BREACH OF DATA (TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW), ERRORS, FLAWS, DEFECTS, BUGS, VIRUSES WITHIN THE PRODUCTS OR SITE, DAMAGES OR LOSSES SUFFERED RELATED TO SGOS’S OBLIGATIONS UNDER THESE TERMS OR ANY OTHER AGREEMENT, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED UPON CONTRACT, TORT, NEGLIGENCE, OR WARRANTY. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE, EVEN IF SGOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SGOS AND/OR ITS AFFILIATED PARTIES ARE FOUND LIABLE UNDER ANY THEORY, SGOS AND/OR ITS AFFILIATED PARTIES’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER SGOS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF SGOS AND/OR ITS AFFILIATED PARTIES TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO SGOS IN CONNECTION WITH ITS PRODUCTS OR SERVICES, IF ANY.
22. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
22.1. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
22.2. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
22.3. General: Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, SGOS, or any involved third party relating to your account on the Site, your use of the Site, your relationship with SGOS (and any agreements between you and SGOS regarding SGOS’s products or services and/or the Site), these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of SGOS’s products, the Site, or SGOS’s services, and any act or omission by SGOS, or any third party related to your use or attempted use of the products, the Site, or services. You, SGOS, or any involved third party may pursue a Claim. SGOS agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against SGOS. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of your agreement with SGOS to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
22.4. Exceptions: Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and SGOS both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. SGOS will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Maricopa County, Arizona: (i) an action by SGOS relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by SGOS for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Maricopa County, Arizona, and forever waive any challenge to said courts’ jurisdiction and venue.
22.5. Required Pre-Dispute Procedures: You and SGOS acknowledge and agree that before initiating any Claim against the other, you and SGOS agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to SGOS, ATTN: LEGAL DEPARTMENT, Craigmuir Chambers, Road Town, Tortola, VG 1110, British Virgin Islands. SGOS will contact you by letter at the billing address you provided to us or by email using the email address you provided to us. You agree to negotiate with SGOS or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Maricopa County, Arizona to enforce these Terms or prevent an infringement of our rights, a third party’s rights, or our intellectual property rights, as stated in Section 22.4 above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
22.6. Commencing Arbitration: You and SGOS agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
22.7. Arbitration Location: If the amount in controversy is USD 500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Maricopa County, Arizona unless SGOS otherwise agrees to arbitrate in another forum requested by you.
22.8. Organization, Rules and the Arbitrator: We each agree that any and all Claims other than those exempted under Section 22.4 above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in Section 22.6 above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolution Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, this arbitration provision, and any other agreement entered into between you and SGOS. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable and whether this arbitration agreement can be enforced against a non-signatory to this agreement.
22.9. Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than USD 10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
22.10. Governing Law and Award: The arbitrator shall follow the substantive law of the State of Arizona without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
22.11. Enforceability: This provision survives termination of your account or any relationship with SGOS, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration clause (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
22.12. Miscellaneous: Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims, except that all Claims must be brought within the 1-year limitation period set forth above. This provision is the entire arbitration agreement between you and SGOS and shall not be modified except in writing by SGOS.
22.13. Amendments: SGOS reserves the right to amend this arbitration provision at any time. Your continued use of the Site, subscription to a SGOS product or service on or through the Site, or use or attempted use of a SGOS product, the Site, or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, SGOS will provide you notice and an opportunity to opt-out. Your continued use of the Site, purchase of a product or service on or through the Site, or use or attempted use of a SGOS product, the Site, or service, is affirmation of your consent to such material changes.
22.14. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU SUBSCRIBE, USE, OR ATTEMPT TO USE A PRODUCT, THE SITE, OR SERVICE PURCHASED ON OR THROUGH THE SITE (WHICHEVER COMES FIRST) BY WRITING TO US AT SGOS, ATTN: LEGAL DEPARTMENT, PMB 2158, CRAIGMUIR CHAMBERS, ROAD TOWN, TORTOLA, VG 1110, BRITISH VIRGIN ISLANDS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU SUBSCRIBED TO, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST SUBSCRIBED TO, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT. SHOULD EITHER PARTY FILE AN ACTION CONTRARY TO THIS PROVISION, THE OTHER PARTY MAY RECOVER ATTORNEY’S FEES AND COSTS UP TO $1,000.00.
23. Indemnification
23.1. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless SGOS, its Affiliated Parties (including without limitation all affiliated professional entities), affiliated entities, subsidiaries, and their licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or any agreement entered into between you and SGOS in connection with any of SGOS’s products or services; (2) your breach of any representations or warranties in these Terms or any agreement entered between you and SGOS in connection with any of SGOS’s products or services; or (3) your violation of any law or the rights of SGOS, its Affiliated Parties, or a third-party.
24. Force Majeure
24.1. SGOS and its Affiliated Parties, affiliated entities, subsidiaries, and their licensors, suppliers, representatives, proprietors, partners, servants, agents, predecessors, successors, assigns, accountants, and attorneys will not be liable to you for failure to perform any of their obligations as a result of any Force Majeure event, if and to the extent the Force Majeure is caused by an event or circumstance beyond the reasonable control of SGOS which by its nature could not have been foreseen by SGOS and its Affiliated Parties, or if it could have been foreseen, was unavoidable.
24.2. “Force Majeure” means any acts of God, sinkholes or subsidence, strikes, lockouts, or other labor disputes, embargoes, quarantines, weather, national, regional, or local disasters, calamities, or catastrophes, failures in technology, issues relating to cybersecurity, inability to obtain labor or materials (or reasonable substitutes therefor) at reasonable costs or failure of, or inability to obtain, utilities necessary for performance, governmental restrictions, orders, limitations, regulations, or controls, national emergencies, delay in issuance or revocation of permits, enemy or hostile governmental action, terrorism, insurrection, riots, civil disturbance or commotion, fire or other casualty, and other causes or events beyond their reasonable control.
25. Third-Party Websites and Links
25.1. Our Site or SGOS’s products may include materials from third parties or links to third-party websites. SGOS is not liable for any third-party materials, links, or websites. SGOS’s products may also be used in conjunction with any services provided by a third party. SGOS shall not be responsible for, or undertake to conduct due diligence, financial or otherwise, on any third party in connection with using SGOS’s Site or products. You hereby hold SGOS and its Affiliated Parties (and any affiliated entities) harmless for any damages or harm resulting from third-party links, materials, and/or websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction with a third party. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
26. Testimonials, Reviews, and Other Submissions
26.1. SGOS is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that any testimonial or product review that you provide SGOS is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that SGOS may use testimonials and/or product/service reviews, in whole or in part, together with the name and city/state/country of the person submitting it. You hereby acknowledge and accept that any testimonial(s) you provide may be used for any form of advertising relating to SGOS’s products or services, in printed and online media, as SGOS determines in its absolute discretion, and by giving your testimonial to SGOS, you hereby consent to SGOS’s use and publication of your name, likeness, city/state/country, and any statement made about SGOS, its products, Site, or services. Testimonials represent the unique experience of the customer submitting the testimonial and do not necessarily reflect the experience that you may have using our products or services.
26.2. Anything that you submit or post to the Site and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.
26.3. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
26.4. Additionally, SGOS reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. SGOS shall be under no obligation to use any, or any part of, any testimonial or product/service review submitted. If you submit a testimonial, you are confirming that you have read, understood, and agree to these Terms.
27. Marketing
27.1. By agreeing to these Terms, you hereby agree that we may call, email, or send you SMS messages (including text messages and recorded voice notes) at the phone numbers and/or email addresses that you have provided to us in connection with your interest in subscribing to SGOS’s products, our Affiliated Parties, and/or third parties. Your consent, if provided, will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. Your consent to telemarketing calls shall remain in effect until you revoke your consent, and you may revoke your consent by contacting us by email using the email address listed in Section 36.1 of these Terms.
28. Electronic Communications
28.1. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
29. Assignment
29.1. You may not assign any of your rights under these Terms, and any such attempt will be null and void. SGOS and its affiliated entities may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of SGOS’s business is transferred to another entity by way of merger, sale of its assets, or otherwise.
30. No Waiver
30.1. No waiver by SGOS of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by SGOS to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
31. No Agency Relationship
31.1. No joint venture, partnership, employment, or agency relationship exists between you and SGOS as a result of your receipt of any SGOS product, your use of any SGOS service, or use of the Site.
32. Severability
32.1. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
33. Termination
33.1. In the event that we terminate this Agreement, Sections 1 through 36, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement.
34. Entire Agreement
34.1. These Terms, and any policies or operating rules posted by us on the Site or in respect to the Site, constitute the entire agreement and understanding between you and SGOS and supersede and replace any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
35. Governing Law
35.1. These Terms and any dispute arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws provisions, except as otherwise provided in the Dispute Resolution section above.
36. Questions or Additional Information
36.1. If you have any questions regarding your account, any SGOS product or service, or these Terms, please contact our customer support team by phone, mail, or email at the following:
SGOS LTD.
Craigmuir Chambers, Road Town, Tortola,
VG 1110, British Virgin Islands
Email: help@tradewitharc.com
Updated: June 1, 2026
