This Yieldification Services Agreement (this “Agreement”) shall apply to all services operated, maintained and provided by Yieldification to you (as each term is defined below). Your access to and use of the Yieldification Services shall constitute your agreement to the terms hereof.
- 1.You acknowledge and agree that access and use of the digital platform made accessible to you via any website, page, feature, or content owned or operated by Yieldification (the "Platform") is provided on an "as is" and "as available" basis and Yieldification makes no representation or warranty of any kind, express or implied, with respect to the functionality, operation, content or otherwise of the Platform and does not represent or warrant that the Platform or any part thereof is free from defect, failure or interruption or that they are fit for your purposes or any particular purpose and, without prejudice to the foregoing, Yieldification shall not in any event be liable for any system error, faults or failure of the Platform whatsoever and howsoever arising or caused other than by fraud or willful default of Yieldification.
- 2.You acknowledge that Yieldification may use or provide technology and/or electronic services, or make available technology and/or electronic services provided by third parties, for your use in connection with Yieldification Services or Transaction made by you with Yieldification. Such technology and electronic services may include, but are not limited to, trading technology, web applications, application programming interfaces, software, software code, programmes, protocols and displays (collectively, the “Technology”) for trading, analyzing trades and markets, constructing automated trading systems and/or to assist or facilitate the provision, availability or connectivity of the Platform provided or made available by Yieldification to you for access or use. Yieldification provides the Technology as is”, without any warranties of merchantability, fitness for a particular purpose, or other express or implied warranties. You acknowledge and agree that none of Yieldification and any other third party Technology providers shall be responsible for the operation or performance of any automated trading system developed with Technology or for any errors, malfunctions or breakdown of, or inability to access, any Technology or Platform or for any delays or interruptions in transmission of orders due to breakdown, excessive call volume or failure of transmission or communication equipment on the internet or otherwise, including, but not limited to, communications problems, computer software or hardware breakdowns, malfunctioning errors, any and all problems or glitches associated with computer problems or any other technical cause or causes.
- 3.You acknowledge, accept and agree that Yieldification or any other third party Technology providers and their respective directors, officers, employees, agents, contractors and/or subcontractors shall not be held liable for any Loss, damage, cost or expense (including the loss of data) suffered or incurred by you as a result, arising out of or in connection with any errors, malfunctions, breakdowns, inability to access, faults, interruptions or delays in the Technology, or Platform or out of any inaccuracies, errors or omissions in the information contained in the Technology as supplied to, or made available for access and use by, you, provided however that this limitation does not apply to any loss, cost or damage suffered or incurred by you caused by fraud or wilful default of Yieldification in the performance of its duties imposed by this Agreement or applicable law. Each of Yieldification and such third party Technology providers makes no warranties, conditions, guarantees or representations as to satisfactory quality, fitness for a particular purpose or other warranties, conditions, guarantees or representations, whether express or implied, in law or in fact, oral or in writing, except as expressly stated in the terms of this Agreement. Under no circumstances shall Yieldification and/or such third party Technology providers be liable for any loss, damage, cost or expense of any nature whatsoever incurred or suffered by you of an indirect, incidental, special or consequential nature (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising from or in connection with the provision of, or the availability to you of, any Technology or Platform.
- 4.Without prejudice to the generality of the foregoing, you agree not to bring any legal action, whether in tort, contract or otherwise, against Yieldification or any other third party Technology providers alleging damages for, the failure by Yieldification to perform or otherwise settle a Transaction entered by you using Technology.
- 5.Use of the Platform may require compatible hardware or devices, internet access, web browser that includes 128-bit encryption (e.g. Chrome/Edge/Firefox/Safari/Opera, latest version recommended and require periodic updates) and Yieldification software (latest version recommended and requires periodic updates). The performance of the Platform may be affected by the performance of these factors. It is not recommended to access the Platform with a touchscreen device on a web browser. You agree that meeting these requirements is your responsibility. Yieldification shall not be liable for any losses resulting directly or indirectly from the incompatible hardwares or devices, personal network congestion, network delay, poor network environment and outdated version of software.