Terms and Conditions
THE JAZZ FINTECH (BROKTRADING LTD)
IMPORTANT NOTICE REGARDING PAYMENT PROCESSING: All purchases of our products and services are processed by our authorized Merchant of Record (the "MoR"), who acts as the seller of record for all transactions. By making a purchase, you enter into a separate agreement with the MoR for payment processing, billing, tax collection, and related matters. This arrangement does not affect your rights to use our products under these Terms and Conditions.
Article 1 - Introduction and Acceptance of Terms
1.1 General Introduction
These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "Customer", "you", "your") and BROKTRADING LTD ("Company", "we", "us", "our"), a private limited liability company incorporated under the laws of the Republic of Cyprus, with registered office at Orfeos Street 18B, 1070 Nicosia, Cyprus, and registration number HE 342927, operating under the trading name THE JAZZ FINTECH.
This Agreement governs your access to and use of our websites at www.thejazzfintech.com and www.pfarmour.com (the "Website" or "Platform"), our Expert Advisors ("EA" or "EAs"), our proprietary trading dashboard desktop software and web app (the "Dashboard"), access keys and license (the "Access Keys"), and all related digital products, services, content, features, and functions (collectively, the "Services" or "Products").
The Company operates as a financial technology ("fintech") enterprise specializing in the development, distribution, and licensing of automated trading software solutions, software analytical tools, and related digital products.
1.2 Merchant of Record Arrangement
IMPORTANT: All sales transactions for our Products are processed through our authorized Merchant of Record ("MoR"), which is Paddle. Paddle means:
- For purchases from within the United States: Paddle.com Inc, 3811 Ditmars Blvd, 1071, Astoria, NY 11105-1803, USA
- For sales in the rest of the world: Paddle.com Market Limited, Judd House, 18-29 Mora Street, London, EC1V 8BT, UK
The MoR arrangement means that:
- The MoR acts as the legal seller of record for all purchases of our Products
- The MoR processes all payments, handles billing, and collects applicable taxes (VAT, GST, sales tax)
- Your payment relationship, including payment processing, refund processing, and billing disputes, is directly with the MoR
- The Company remains responsible for the Products themselves, licensing, technical support, and all non-payment-related aspects
1.3 Acceptance of Terms
BY ACCESSING, BROWSING, OR USING THE WEBSITE, PURCHASING, DOWNLOADING, INSTALLING, OR USING ANY OF OUR PRODUCTS OR SERVICES, CREATING AN ACCOUNT, OR BY CLICKING "I AGREE", "I ACCEPT", "CONTINUE", OR ANY SIMILAR BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY: (A) THESE TERMS AND CONDITIONS; (B) THE MERCHANT OF RECORD'S TERMS OF SERVICE; AND (C) ALL SUPPLEMENTARY DOCUMENTS REFERENCED HEREIN.
1.4 Supplementary Documents
These Terms incorporate by reference:
- Privacy Policy
- Cookie Policy
- End User License Agreement (EULA)
- Risk Disclaimer
- Service Level Agreement (SLA)
- Acceptable Use Policy
- The Merchant of Record's Terms of Service
1.5 Eligibility Requirements
To use our Products and/or our Services, you must:
- Be at least 18 years of age or the age of legal majority in your jurisdiction
- Have the legal capacity to enter into binding contracts
- Not be located in a jurisdiction where such access would be prohibited
- Not be subject to economic sanctions or trade restrictions
- Provide accurate information during registration
- Comply with all applicable laws
Article 2 - Definitions
- "Access Keys" means the unique license keys, activation codes, API keys, or other digital credentials issued to enable use of the Products
- "Account" means the user account created on the Platform to access the Services
- "Dashboard" means the Company's proprietary trading dashboard desktop software and web app
- "Expert Advisor" or "EA" means the Company's automated trading software programs
- "License" means the limited rights granted to use the Products
- "Products" means the Expert Advisors, Dashboard desktop software and web app, Access Keys, and other digital products
- "Services" means all products, features, services, content, and functionality provided
- "Trading Platform" means third-party platforms on which the EAs operate (MT4, MT5)
Article 3 - Account Registration and Security
3.1 Account Creation
To access certain features and purchase Products, you must create an Account. You agree to:
- Provide accurate, current, and complete registration information
- Maintain and update your information
- Maintain security of your login credentials
- Notify us immediately of unauthorized access
- Accept responsibility for all activities under your Account
- Not create multiple Accounts without consent
3.2 Account Suspension and Termination
We may suspend or terminate your Account for:
- Violation of these Terms
- Fraudulent or illegal activity
- Non-payment (as reported by the MoR)
- Provision of false information
- Harmful activity
- Security concerns
- Legal requirements
Article 4 - Products and Services
4.1 Expert Advisors (EAs)
Our Expert Advisors are automated trading software programs designed to operate on supported Trading Platforms (MT4, MT5), execute trades based on predefined algorithms, analyse market data, and manage positions automatically.
IMPORTANT: EAs do not guarantee profits. Past performance is not indicative of future results. Trading involves substantial risk of loss. You are solely responsible for all trading decisions.
4.2 Trading Dashboard
The Dashboard desktop software and web app provides portfolio data visualization, risk management configuration tools, trade and friction costs analytics, platform integration, and historical trade records.
4.3 Access Keys and Licensing
Access to Products may be controlled through Access Keys which authenticate your use, are tied to your Account and license, may be limited to specific devices/accounts, are non-transferable, must be kept confidential, and may be deactivated if misused.
Article 5 - Fees, Payment, and Billing
5.1 Merchant of Record Payment Processing
All payments are processed by our Merchant of Record, Paddle. This means:
- Payment Relationship: Your payment contract is with the MoR, not directly with the Company
- Payment Methods: The MoR accepts various payment methods including credit/debit cards, PayPal, and others
- Tax Collection: The MoR calculates and collects all applicable taxes (VAT, GST, sales tax)
- Invoices and Receipts: The MoR provides all invoices, receipts, and tax documentation
5.2 Subscriptions
For subscription Products, the MoR will automatically charge your payment method at each renewal. Renewal occurs unless cancelled before the renewal date. Subscription management is handled through the MoR's portal.
Article 6 - Refunds and Cancellations
Our products qualify as digital content not supplied on a tangible medium. EU/EEA consumers are generally entitled to a 14-day statutory right of withdrawal for distance contracts. However, the right of withdrawal does not apply once the performance of digital content has begun, provided that you have expressly requested immediate supply and acknowledged loss of withdrawal rights.
All refunds are processed by the Merchant of Record. Submit refund requests through the MoR's customer portal or by contacting the MoR directly.
Article 7 - Intellectual Property
Subject to these Terms and payment confirmation from the MoR, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Products and Services.
The Company and its licensors own all rights in the Services, Products, all Content provided by the Company, and all Intellectual Property Rights therein. Nothing in these Terms transfers ownership of any Intellectual Property to you.
Article 8 - Prohibited Conduct
You must not:
- Violate any law or regulation
- Infringe third-party rights
- Transmit malicious code
- Attempt unauthorized access
- Interfere with Services
- Engage in market manipulation or fraud
- Circumvent security features
- Harvest user data
- Impersonate others
- Engage in money laundering
Article 9 - Disclaimers and Limitations
9.1 Disclaimer of Warranties
THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9.2 No Financial Advice
THE COMPANY IS NOT A FINANCIAL ADVISOR. THE SERVICES ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE INVESTMENT ADVICE, FINANCIAL ADVICE, OR TRADING RECOMMENDATIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR TRADING DECISIONS.
9.3 Trading Risks
TRADING INVOLVES SUBSTANTIAL RISK OF LOSS. YOU MAY LOSE ALL OR MORE THAN YOUR INITIAL INVESTMENT. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. THE COMPANY DOES NOT GUARANTEE ANY TRADING OUTCOMES.
Article 10 - Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, DATA, GOODWILL, TRADING LOSSES, OR BUSINESS INTERRUPTION.
THE TOTAL AGGREGATE LIABILITY OF THE COMPANY SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU DURING THE PREVIOUS 12 MONTHS; OR (B) NINETY EUROS (EUR 90).
Article 11 - Governing Law and Disputes
These Terms shall be governed by the laws of the Republic of Cyprus. Before formal proceedings, parties agree to attempt resolution through negotiation within 30 days. Unresolved disputes shall be settled by binding arbitration administered by the Cyprus Arbitration and Mediation Centre (CAMC) in Nicosia, Cyprus.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS.
Article 12 - Contact Information
THE JAZZ FINTECH (BROKTRADING LTD)
Registered Address: Orfeos Street 18B, 1070 Nicosia, Cyprus
Email: info@thejazzfintech.com | info@pfarmour.com
Legal: compliance@thejazzfintech.com
Websites: www.thejazzfintech.com | www.pfarmour.com
Registration Number: HE 342927
Merchant of Record (Payment/Billing):
PADDLE
Website: paddle.com
Support: paddle.com/help