Terms of Use and Conditions of Sale

Overview

Your use of, and access to, NovaStorm's website, including any sub-domains, affiliated websites, web applications and mobile applications (collectively, the "Site"), and your use of any of NovaStorm's software, services, and products (collectively, the "Products"), are governed by the policies, terms, and conditions set forth below. By accessing or using the Site or any Product, you agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you are not authorized to use the Site or any NovaStorm Product in any manner or form.

You can review the most current version of these Terms at any time on the Site. NovaStorm reserves the right to unilaterally update, change, remove, or replace any provision of these Terms by posting updates and changes on the Site. Any such changes become valid and enforceable when posted, unless a later effective date is specified.

If you are a consumer residing in a Member State of the European Union or the European Economic Area ("EU/EEA Consumer"), the mandatory consumer protection laws of your country of residence may grant you specific rights that cannot be waived by contract. Nothing in these Terms is intended to exclude or limit any such mandatory rights.

1. Site Use

NovaStorm's Site and Products are intended to be accessed and used by adults only. By accessing and using the Site or Products, you represent that you are at least the age of majority in your jurisdiction of residence and that you have the legal capacity to enter into a binding contract with NovaStorm.

By using the Site or Products, you confirm that you have read these Terms, understand them, and agree to be bound by them.

If you are using the Site or Products on behalf of a legal entity, you represent that you are duly authorized to bind that entity to these Terms.

2. Changes to These Terms

NovaStorm reserves the right, in its sole discretion, to update, change, remove, or replace any part of these Terms at any time by posting updates on the Site.

Where required under applicable EU or Member State law, we will provide reasonable prior notice of material changes to these Terms and indicate the date from which the changes take effect. If you do not agree to the amended Terms, you should stop using the Site and Products before the changes become effective.

Your continued use of, or access to, the Site or Products after the effective date of any changes constitutes your binding acceptance of the amended Terms.

3. Privacy and Security Disclosure (GDPR)

NovaStorm's Privacy Policy is available on the Site and is incorporated into these Terms by reference. By using the Site or Products, you acknowledge that your personal data will be processed in accordance with the Privacy Policy.

For EU/EEA residents, NovaStorm will process personal data in compliance with Regulation (EU) 2016/679 (General Data Protection Regulation – "GDPR") and any applicable Member State data protection laws. The Privacy Policy explains the purposes of processing, legal bases, data retention periods, data subject rights, and contact details for data protection queries.

4. No Investment Recommendations or Professional Advice

NovaStorm and its owners, directors, managers, members, employees, contractors, and other related parties are not investment advisers, financial advisers, portfolio managers, or regulated investment firms. NovaStorm does not accept deposits, does not pool customer assets, and does not provide individualized investment or trading advice, nor does it direct or manage client accounts.

Neither the Site nor any Product is intended to provide tax, legal, insurance, or investment advice. No content provided on the Site, in NovaStorm's communications, or through its Products should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any financial instrument.

You are solely responsible for determining whether any NovaStorm Product or approach is appropriate or suitable for you based on your investment objectives, financial situation, knowledge, experience, and risk tolerance. You should consult with a regulated investment firm, licensed investment adviser, attorney, or tax professional regarding your specific circumstances before subscribing to or using any Product.

5. Performance Data and Opinions

You understand that any performance data referenced by NovaStorm may be based on third-party sources, client-provided data, broker statements, or tracking tools believed to be reliable, but such data and calculations are not guaranteed to be accurate, complete, or free from error.

Information, analyses, opinions, and references to past performance may not be current at the time you access them. Markets and conditions change continuously, and previously published information may no longer reflect current conditions.

Any trades, patterns, charts, systems, or performance illustrations discussed or presented by NovaStorm are for informational and illustrative purposes only and do not constitute specific investment advice or recommendations.

6. No Direct Lending

NovaStorm does not offer lending services, does not provide trading capital, and does not finance user accounts. Any borrowing or credit arrangements you enter into are strictly between you and third-party lenders or brokers, under separate agreements not involving NovaStorm.

7. Third-Party Brokers

NovaStorm is not responsible for, and does not undertake any due diligence obligations regarding, any third-party brokers, liquidity providers, or platforms with which you choose to interact in connection with the use of NovaStorm Products.

You are solely responsible for selecting and contracting with any broker or third-party provider, and for understanding the terms, pricing, regulatory status, and risks of that relationship. NovaStorm is not a party to your agreements with brokers and shall not be liable for any acts, omissions, errors, or failures of such third parties.

8. Securities, Forex, Cryptocurrency, and Market Risk Disclosure

No Representation of Results: NovaStorm does not represent that any account will or is likely to achieve profits or losses similar to any model portfolio, scenario, backtest, live account example, or performance data presented by NovaStorm. Past performance of any system, strategy, algorithm, or methodology is not necessarily indicative of future results.

Performance Variability: Past performance is not a guarantee or reliable indicator of future outcomes. Results shown may reflect high-performing or atypical accounts and may not be representative of typical user experience.

Forex Risk: If NovaStorm Products are used to trade foreign exchange, you acknowledge that trading forex on margin involves a high level of risk and may not be suitable for all investors. Leverage can amplify both gains and losses.

Cryptocurrency Risk: If NovaStorm Products are used to trade cryptocurrencies or digital assets, you acknowledge that such assets are highly volatile and speculative. Their value can fluctuate significantly within short periods.

Artificial Intelligence and Machine Learning Risks: Some NovaStorm algorithms may use artificial intelligence or machine learning. These systems rely on historical data, pattern recognition, and probabilistic forecasting. AI/ML systems may identify false correlations, behave unexpectedly, fail to adapt to market changes, or degrade over time.

9. Intellectual Property

The Site, the Products, and all content included therein, including without limitation text, software, algorithms, dashboards, graphics, logos, icons, images, audio, video, interfaces, and the overall design and "look and feel", as well as trademarks, service marks, and logos, are the property of NovaStorm and/or its licensors.

You acknowledge that NovaStorm owns and will retain all right, title, and interest in and to the Content and all associated intellectual property rights worldwide. You agree not to contest or impair NovaStorm's rights in the Intellectual Property and not to claim any ownership interest in it.

10. User Conduct

You may not copy, display, sell, license, decompile, reverse engineer, modify, upload, post, transmit, or distribute any Content or part of a Product, except as expressly permitted in a written agreement with NovaStorm.

In connection with your use of the Site and Products, you agree not to interfere with the operation of the Site or Products; not to use the Site or Products for any unlawful or unauthorized purpose; not to represent that any statements you make are endorsed by NovaStorm without express permission; not to attempt to gain unauthorized access to systems, data, or accounts; and not to introduce any malicious code or harmful content.

11. Account Registration

To access certain Products or areas of the Site, you may be required to create an account. When creating an account, you agree to provide accurate and complete information and to keep such information up to date.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree not to share your credentials with any third party.

NovaStorm may, in its sole discretion, suspend or terminate your account or access to Products for any reason, including suspected misuse, violation of these Terms, non-payment, or security concerns.

12. Subscription Fees, Billing and Cancellation

Certain NovaStorm Products are offered on a subscription basis. By purchasing a subscription, you authorize NovaStorm to charge you the applicable subscription fee at the then-current rate for each renewal period until you cancel.

Subscription fees are typically billed in advance on a recurring basis (for example, monthly or annually, depending on the plan), plus any applicable taxes, to the payment method you provide.

You may cancel your subscription according to the cancellation instructions provided on the Site or in your subscription documentation. Unless otherwise specified, cancellation will take effect at the end of the current billing period.

If you are an EU/EEA Consumer and you purchase NovaStorm's purely digital Products online, you may have a statutory right of withdrawal of fourteen (14) days from the date of conclusion of the contract, in accordance with applicable law.

13. Refunds

Unless expressly stated otherwise in a written agreement or specific consumer information, NovaStorm generally operates under a no-refund policy for subscription fees and license fees once the service has been fully delivered or the digital content has been made available, subject to any mandatory rights of withdrawal and remedies under EU and Member State consumer protection law.

If you are an EU/EEA Consumer, your statutory rights regarding non-conformity of digital services or digital content (including rights to repair, replacement, price reduction, or refund) shall apply in accordance with applicable law.

14. Disclaimer of Warranties

Except where prohibited or limited by mandatory law, the Site, the Products, and all related content and services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied.

To the fullest extent permitted by law, NovaStorm disclaims all implied warranties, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. This does not affect any mandatory statutory warranties or remedies available to EU/EEA Consumers under applicable consumer law.

NovaStorm does not warrant that the Site or Products will be uninterrupted, timely, secure, error-free, or free of harmful components, or that any data or results obtained will be accurate or reliable.

15. Disclaimer of Liability

Nothing in these Terms shall exclude or limit NovaStorm's liability where such exclusion or limitation is prohibited by applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other matter where liability cannot be excluded or limited under applicable EU or Member State law.

Subject to the above, and to the fullest extent permitted by law, NovaStorm and its Affiliated Parties shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, loss of business, or business interruption, arising out of or in connection with your use or inability to use the Site or Products.

If NovaStorm is found liable to you for any damages or losses, NovaStorm's total aggregate liability arising out of or in connection with the Site, Products, and these Terms shall be limited to the amount actually paid by you to NovaStorm for the Product or service giving rise to the claim during the twelve (12) months preceding the event.

16. Governing Law and Dispute Resolution

NovaStorm aims to resolve any concerns quickly and efficiently. If you have a complaint or dispute, you should first contact NovaStorm using our contact form and provide a written description of the issue. NovaStorm will attempt to resolve the dispute informally.

If a dispute cannot be resolved amicably, you may have the right to bring a claim before the competent courts of the EU Member State where you reside, in accordance with applicable consumer protection and jurisdiction rules, particularly if you are an EU/EEA Consumer.

Unless otherwise required by mandatory law, these Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Member State in which NovaStorm's EU contracting entity is established.

If you are an EU/EEA Consumer, you are informed that the European Commission provides a platform for online dispute resolution (ODR) available at: https://ec.europa.eu/consumers/odr.

17. Termination

NovaStorm may, at its sole discretion, terminate or suspend your access to the Site or Products at any time, with or without notice, for any reason, including violation of these Terms, non-payment, or misuse of the Site or Products.

Upon termination, all rights and licenses granted to you under these Terms shall cease, but any provisions that by their nature should survive termination (including, without limitation, disclaimers, limitations of liability, indemnification, and confidentiality obligations) shall continue in effect.

18. Entire Agreement

These Terms, together with any additional agreements or policies referenced herein or posted on the Site, constitute the entire agreement between you and NovaStorm relating to your use of the Site and Products and supersede all prior or contemporaneous agreements or communications, except where separate written contracts explicitly state otherwise.

Nothing in these Terms is intended to limit or exclude any mandatory statutory rights granted to EU/EEA Consumers under applicable consumer protection legislation.