TERMS AND CONDITIONS

Scope of Application

The business relationship between GenesisFX (hereinafter referred to as “Service Provider”) and the customer (hereinafter referred to as “Customer”) is governed exclusively by these General Terms and Conditions and any specific contract terms in effect at the time of order. Any terms provided by the Customer that deviate from, contradict, or supplement these Terms shall not apply unless expressly agreed in writing by the Service Provider.

The Customer is considered a consumer when the ordered services are primarily for personal use rather than commercial or professional purposes. Conversely, an entrepreneur is any individual or legal entity acting in a commercial or self-employed capacity.

2. Definitions

a) “GenesisFX EA” is a software solution that autonomously executes trades. It requires the Customer to have an active trading account with a compatible broker, a properly configured device, and a stable internet connection. The software assumes a leverage setting of 1:200 and is configured accordingly.

3. Service Description

The Service Provider offers the following services under strictly defined terms:

a) The GenesisFX EA software is provided independently of any additional training accounts. It is fully usable for the duration of the purchased license term. Upon license expiration, GenesisFX EA may manage existing positions but will not execute new trades unless necessary to hedge existing positions against unfavorable market movements.

b) No Investment Advice: The Service Provider does not provide investment, trading, or financial advice in any form, including through its channels, customer support, videos, or messaging platforms (e.g., Telegram). The software is provided purely as a tool and not as a service involving financial or securities transactions. The Service Provider does not manage, access, or control any customer funds or accounts.

c) Risk Information: The Customer acknowledges that trading in financial markets involves significant risk and that past performance does not guarantee future results. The Service Provider disclaims any liability for Customer losses incurred due to software performance or market volatility. Market fluctuations can be rapid and unpredictable, potentially resulting in substantial losses.

d) Software Use Disclaimer: The Service Provider has developed GenesisFX EA to the best of its knowledge but does not warrant its accuracy, reliability, or suitability for any purpose. All risk associated with data entry, software operation, and potential losses are borne solely by the Customer.

e) Broker Affiliations: The Service Provider may collaborate with specific brokers (e.g., Pacific Union Ltd, RoboForex Ltd, EagleFX Ltd, Hugo’s Way Ltd) and server providers (e.g., Hostwinds LCC). The Service Provider may earn affiliate commissions through these partnerships, which will always be disclosed as advertising.

4. Rights of Use and Account Access

a) Upon payment, the Customer is granted a limited, non-exclusive, non-transferable, and non-sublicensable license to use the GenesisFX EA software for the contracted term.

b) The Customer is prohibited from sharing, selling, lending, renting, sublicensing, or publicly distributing the software, training content, or access data. Unauthorized reproduction, modification, or distribution is strictly forbidden.

c) In the event of any breach of the above conditions, the Service Provider reserves the right to immediately terminate the Customer’s access to the software without prior notice, and all rights granted under this agreement will be revoked.

5. Remuneration

1. Service fees are determined by the selected service package and include applicable taxes.

2. Payments are due upon booking, and renewals are billed at the start of each term if the contract is extended.

3. Payment processing is managed via an external provider (e.g., Copecart or Stripe) with automatic collections for Customer convenience.

4. No Refund Policy: Due to the digital and non-tangible nature of the product, GenesisFX strictly enforces a no-refund policy. All payments are final.

6. Protection of Services

The Customer must take all necessary precautions to protect software and account data from unauthorized third-party access. Passwords should be stored securely, and access data must not be shared with others, except with trusted password management software providers or brokers.

7. Term and Termination

1. The contract duration is defined by the selected service package (e.g., 1 month, 3 months, or lifetime).

2. Monthly contracts renew automatically unless canceled at least one week before the end of the current term.

3. For lifetime contracts, service provision is subject to continued availability. The Service Provider reserves the right to terminate the contract if it ceases to offer the service.

4. Either party may terminate the contract in writing, with immediate effect, for valid reasons, including material contract breaches or service discontinuation.

5. Termination notices should be submitted through the service platform or via email. Access will be restricted post-termination, and all associated data, except data with legal retention obligations, will be permanently deleted. Any unauthorized use of exported files post-termination is prohibited.

8. Limitation of Liability

The Service Provider shall not be liable for any damages arising directly or indirectly from the use of the GenesisFX EA software. This includes but is not limited to financial losses, operational losses, and consequential damages. The Service Provider disclaims responsibility for damages resulting from third-party service interruptions, such as internet outages, broker server downtime, or other unforeseen disruptions.

9. Warranty

1. The Service Provider warrants that the service will meet the specified quality standards and that third-party rights will not impede contractual usage.

2. Customers must promptly report any software defects through the designated contact channels (e.g., email, Telegram, WhatsApp), specifying the time and nature of the defect.

10. Miscellaneous

1. The Customer’s own general terms and conditions do not apply.

2. The place of performance and exclusive jurisdiction is Larnaca, provided each party is a commercial entity or public law entity.

3. Any references to additional attachments within this contract are part of the contract.

4. The Customer acknowledges the Service Provider’s Privacy Policy and consents to its terms.

These Terms aim to clarify the rights, responsibilities, and limitations of both parties and to mitigate any associated risks. The Service Provider reserves the right to amend these Terms at any time.

Privacy Policy

This Privacy Statement outlines the manner in which Genesis FX collects, utilizes, and discloses your personal data when you visit or make a transaction on www.genesis-forex.com (hereafter referred to as “the Website”).

Information Collection

Upon your visit to the Website, we gather specific details related to your device. This includes data about your web browser, IP address, time zone, and some installed cookies. As you navigate through the Website, we also capture information regarding the web pages or products you look at, the referring websites or search keywords that led you to our Website, and your interaction with the Website. This data, referred to as “Device Data,” is collected through technologies such as:

– Cookies: These are files stored on your device containing anonymous unique identifiers. For more details on cookies, and how to deactivate them, you can visit http://www.allaboutcookies.org.

– Log Files: These document activities on the Website and gather data such as your IP address, browser type, Internet Service Provider, referral and exit pages, along with timestamps.

– Electronic Files: Known as web beacons, tags, and pixels, these files record your browsing behavior on the Website.

When you finalize or attempt a purchase via the Website, we collect your personal information including your name, billing and shipping addresses, payment details like credit card numbers, as well as your email and phone number. This is known as “Transaction Data.”

If you share images or screenshots with us, we reserve the right to use these for promotional purposes, including on social media platforms or within our private community.

2. Communications

Conversations with Genesis FX through any medium, including social media, will be archived for purposes such as training and legal compliance. By using our services and visiting our Website, you consent to this practice. The term “Personal Data” in this Privacy Statement refers to both Device Data and Transaction Data.

3. Utilization of Personal Data

We primarily use Transaction Data to process and fulfill orders you place via the Website. This includes payment processing and supplying invoices and/or order confirmations. Additionally, this data serves to:

– Engage in correspondence with you;

– Validate your membership and facilitate your addition to our Discord community;

– Evaluate orders for any potential risks or fraudulent activity.

Device Data assists us in identifying potential risks and fraud, specifically your IP address. It also aids in enhancing and fine-tuning our Website, including the analysis of user behavior and the success of our marketing strategies.

Sharing of Personal Data

We might share Personal Data with third-party services to assist us in its use, as mentioned above. We also leverage Google Analytics to better understand customer behavior.

Google’s privacy practices can be read here: https://www.google.com/intl/en/policies/privacy/.

You can opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout

We may disclose Personal Data to comply with the law, court orders, or to protect our rights.

4. Targeted Marketing

We employ your Personal Data to show you advertisements or marketing communications we believe you might find interesting. For a clearer understanding of targeted advertising, you can visit: http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. To opt out, you can visit:

– Facebook: https://www.facebook.com/settings/?tab=ads

– Google: https://www.google.com/settings/ads/anonymous

– Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

5. Do Not Track

We do not modify our Website’s data collection and usage practices upon receiving a Do Not Track request from your browser.

6. Your Rights

If you reside in the USA, you can request access to, or updates for, the personal information we hold about you. To exercise this right, please contact us at the details provided below.

7. Data Retention

We retain your Transaction Data unless you request its deletion.

8. Limitation of Liability

The Service Provider shall not be liable for any damages arising directly or indirectly from the use of the GenesisFX EA software. This includes but is not limited to financial losses, operational losses, and consequential damages. The Service Provider disclaims responsibility for damages resulting from third-party service interruptions, such as internet outages, broker server downtime, or other unforeseen disruptions.

9. Warranty

1. The Service Provider warrants that the service will meet the specified quality standards and that third-party rights will not impede contractual usage.

2. Customers must promptly report any software defects through the designated contact channels (e.g., email, Telegram, WhatsApp), specifying the time and nature of the defect.

10. Updates

We may periodically amend this privacy policy for various reasons such as operational, legal, or regulatory changes.

11. Age Limitation

The Website is not designed for users under 18 years of age.