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XCITE End-User License Agreement
Tiebreak Solutions Ltd (the “Company”) is a software development company and does not
provide any financial services or related services. The Company is not involved and/or interfere
in any way with trading operations, nor does it open or control real trading accounts. The
information available in the App is not to be deemed at any time as investment advice. The
Company shall not be responsible for any investment decision you have taken.
Please read the terms and conditions of this End User License Agreement carefully before
continuing with the use of the App (hereinafter the “EULA”).
In this EULA, unless the content otherwise requires the capitalized terms used herein shall be
defined as set forth in paragraph 1 of this Agreement. EULA is applicable to both, physical
persons and legal entities that otherwise use or access the App (shall hereinafter be collectively
defined as the “End-User”, “You”).
By accepting this EULA, You consent to the use of electronic communication in order to enter
into contracts as well as to the electronic delivery of any notices, policies and records of
transactions initiated or completed via the App. You hereby waive any rights or requirements
under the laws or regulations of the jurisdictions which require an original wet signature or
delivery or retention of hard copy records, to the extent permitted by applicable and mandatory
law.
This EULA, including any updates to it constitutes a legal agreement between You and the
Company which shall govern the use of the App on any technological device (i.e. web based
format, computer, laptop, smartphone, tablet etc) installed and/or used by You or any third
party.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTOOD AND AGREE
WITH THE TERMS AND CONDITIONS SET FORTH HEREIN BY DOWNLOADING AND/OR BY
CONTINUING TO USE THE APP, YOU EXPRESSLY AND AUTOMATICALLY ACCEPT AND CONSENT
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT AND GRANT TO
THE COMPANT THE RIGHTS SET FORTH HEREIN.
For the effective use of the App, its components and software additions, you must accept any
applicable additional terms and conditions (hereinafter “Additional Terms”). Where such
Additional Terms are applicable, you can accept them by clicking to accept or agree where
applicable to You or by continuing to use the App. Notwithstanding the above, any applicable
Additional Terms, which may be updated from time to time, shall be considered to be an integral
and inseparable part of this EULA and shall be read and interpreted together. For the avoidance
of doubt and in case where there is a conflict between this EULA and any Additional Terms,
unless it otherwise indicated, the terms and conditions of the EULA shall prevail.
IF YOU ARE A RESIDENT OF A JURISDICTION WHERE THE DOWNLOAD OR USE OF THE APP IS
PROHIBITED BY LAW DUE TO DIFFERENT REQUIREMENTS OR A COMPLETE BAN ON THE USE OF
THE APP IN SUCH JURISDICTION, DO NOT INSTALL OR USE IT.
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1. TERMS AND DEFINITIONS
1.1. For the purposes of this Agreement, the following terms shall have the meaning and are defined
as specified below:
Affiliate: means, with respect to a specified entity, (i) an entity (other than the Company) that
directly or indirectly, through one or more intermediaries, owns more than 50% of the shares of
the Company, or (ii) an entity that directly or indirectly through one or more intermediaries, is
controlled by the Company, in each case where the term “control” means possession, directly
or indirectly, of the power to direct or cause the direction of the management and policies of an
entity, whether through ownership of voting securities, by contract interest or otherwise.
App: means the XCITE trading platform software which is developed by the Company and enable
End-Users to trade in the financial markets via Investment Firm(s) they enter into separate
agreement with. The App is owned by the Company, together with any updates, upgrades,
revisions, modifications, additions, new versions and related subsystems, parts, services and
components thereof, including, but not limited to, the server and components of the trading
platform, the relevant secure network protocols of data transmission, databases, user interface
of the software, documentation, the App and components and/or add-ons. The App is an online
trading software accessible online and may be downloaded from Google and Apple App stores.
The use of the App is possible via the Internet by means of existing web interface and
functionality, as well as by means of any future versions of the mentioned web interface and
functionality.
Company: means Tiebreak Solutions Ltd, a company duly registered in the Republic of Cyprus,
under registration number HE 368029, whose registered office is at Artemisia Business Centre,
14 Charalambou Mouskou, 1st floor, Office 102, 2014 Strovolos, Nicosia, Cyprus.
Effective Date: means the date on which this EULA is entered into by downloading and/or using
the App.
Intellectual Property Rights (“IP Rights”): means patents, designs, trademarks and trade names
(whether registered or unregistered), copyright and related rights, database rights, knowhow,
trade secrets and confidential information; all other intellectual property rights and similar or
equivalent rights anywhere in the world which currently exist or come in existence in the future;
applications, pending applications, extensions and renewals in relation to any such rights.
Investment Firm(s): a third-party legal entity providing End-User with financial, investment,
brokerage, trading or information services on local or international currency or stock markets
and which has license to use and offer the App to its clients.
Password: means a code You select, which together with the Login, gives You access to Your
User Account.
Login: means the identification code, which together with the Password, gives You access to
Your User Account.
1. TERMS AND DEFINITIONS
1.1. For the purposes of this Agreement, the following terms shall have the meaning and are defined
as specified below:
Affiliate: means, with respect to a specified entity, (i) an entity (other than the Company) that
directly or indirectly, through one or more intermediaries, owns more than 50% of the shares of
the Company, or (ii) an entity that directly or indirectly through one or more intermediaries, is
controlled by the Company, in each case where the term “control” means possession, directly
or indirectly, of the power to direct or cause the direction of the management and policies of an
entity, whether through ownership of voting securities, by contract interest or otherwise.
App: means the XCITE trading platform software which is developed by the Company and enable
End-Users to trade in the financial markets via Investment Firm(s) they enter into separate
agreement with. The App is owned by the Company, together with any updates, upgrades,
revisions, modifications, additions, new versions and related subsystems, parts, services and
components thereof, including, but not limited to, the server and components of the trading
platform, the relevant secure network protocols of data transmission, databases, user interface
of the software, documentation, the App and components and/or add-ons. The App is an online
trading software accessible online and may be downloaded from Google and Apple App stores.
The use of the App is possible via the Internet by means of existing web interface and
functionality, as well as by means of any future versions of the mentioned web interface and
functionality.
Company: means Tiebreak Solutions Ltd, a company duly registered in the Republic of Cyprus,
under registration number HE 368029, whose registered office is at Artemisia Business Centre,
14 Charalambou Mouskou, 1st floor, Office 102, 2014 Strovolos, Nicosia, Cyprus.
Effective Date: means the date on which this EULA is entered into by downloading and/or using
the App.
Intellectual Property Rights (“IP Rights”): means patents, designs, trademarks and trade names
(whether registered or unregistered), copyright and related rights, database rights, knowhow,
trade secrets and confidential information; all other intellectual property rights and similar or
equivalent rights anywhere in the world which currently exist or come in existence in the future;
applications, pending applications, extensions and renewals in relation to any such rights.
Investment Firm(s): a third-party legal entity providing End-User with financial, investment,
brokerage, trading or information services on local or international currency or stock markets
and which has license to use and offer the App to its clients.
Password: means a code You select, which together with the Login, gives You access to Your
User Account.
Login: means the identification code, which together with the Password, gives You access to
Your User Account.