Effective Date: 11.05.2018
1. Some key terms
Thanks for visiting Evestin Forex! Evestin Forex ( “we”, “us” or “our”) is a software development company providing trading software (trading robots) and Virtual Private Server ("Evestin VPS") hire for self-directed investors. Evestin Forex does NOT provide financial advise, investment advise or Brokerage services nor we act as such.
Evestin Forex is a trading name of Rosebud Horizons Limited company registered in the Republic of Ireland (reg. Nr. 595112) with registered address Coliemore house, Coliemore road, Dalkey, Co. Dublin, Republic of Ireland
When we refer to “Users”, "You", our "Your", we mean YOU our customer who use our Services.
2. Your agreement.
This is a legal agreement between Evestin Forex and YOU the subscriber to Evestin Forex products and services.
Your subscription and use of Evestin Forex products serves as your acknowledgement and representation that you have read, and understand these TERMS OF SERVICE and that you agree to be bound by such TERMS OF SERVICE ("Agreement").
You understand and agree to ACCEPT this Agreement is, legally, the same as manually signing this Agreement. Evestin Forex reserves the right, in Evestin Forex sole discretion, to change, modify, add or remove portions of Evestin Forex Terms at any time by posting the revisions on the Website. When we make changes, we’ll update the “Effective Date” at the top of TERMS OF SERVICE and post it on our site. You should check Evestin Forex Terms periodically for changes as by using the Evestin Forex products after Evestin Forex posts any changes to terms, you are agreeing to accept those changes, whether or not you have reviewed them, and you waive any right you may have to receive individualised notice of such changes. Evestin Forex Terms of Service may be supplemented by additional terms and conditions pertaining to specific content and activities. You agree and understand that such additional terms and conditions are hereby incorporated by reference to Evestin Forex Terms of Service. Your continued use of the Evestin Forex products means that you accept any new or modified Evestin Forex Terms.
3. Legal obligation of self-directer investor.
As an independent and self-directed investor, you acknowledge that you, alone, shall be fully responsible for determining the suitability of your investment choices and trading strategies, and you understand that Evestin Forex software is an automated trading system (trading robots). By signing up as a member you acknowledge that we are not providing financial advice and that you are making a the decision to place trading robots on your own trading account. Trades are done automatically and, thus, do not require human intervention. Evestin Forex staff have NO participation in operations executed on your trading platform and has neither duty nor obligation to monitor your trading activity, your performance, your robots and your trading platform. Other than giving you access/removing access and updating the trading robots Evestin Forex and our staff have NO access to your trading robots, your trading platform or your trading accounts. You must make your own financial decisions, we take no responsibility for money made or lost as a result of our trading software or advice on forex related products on this website. Evestin Forex Staff shall assume no responsibility for your investment choices or determinations. You shall not hold Evestin Forex or any of its employees or the Staff liable for investment decisions and trading strategies. Evestin Forex Staff cannot advise you or comment concerning the nature, risk or suitability of any trade, transaction or trading strategy.
4. General Product Advice
You also recognise that Evestin Forex does not give legal, investment or financial advice. The Evestin Forex and the Staff are not liable for any damage or loss, including but not limited to, any loss of profit, which may arise indirectly or directly from use of The Evestin Forex products. Evestin Forex is not a financial adviser, and does not issue advice, recommendations, or opinion in relation to acquiring, holding or disposing of a margined transaction. Any advice given by Evestin Forex and the staff is general product advice only. Please consult your licensed financial consultant to decide if algorithmic trading in Foreign Exchange is suitable for your personal financial situation.
5. Trading Software/Trading Robots
Evestin Forex does NOT trade for you, we only provide automated trading software (trading robots) and you as an independent and self-directed investor are fully responsible for the trading choices trading robots make. YOU ALONE ARE FULLY RESPONSIBLE HOW YOU USE AND MANAGE YOUR TRADING ROBOTS, WHAT RISK AND ROBOT SETTINGS YOU USE AND WHAT TRADES ROBOTS TAKE ON YOUR TRADING ACCOUNT. You make the decision to place the trading robots on your own trading account and activate/de-activate the robots for trading on your account by pressing the Auto-trading button.
Other than giving you access/removing access and updating the trading robots Evestin Forex and our staff have NO access to your trading robots, your trading platform or your trading accounts.
YOU MUST MONITOR YOUR TRADING ROBOTS AND TRADING PLATFORM AT ALL TIMES. Evestin Forex and our staff have neither duty nor obligation to monitor your trading robots or your trading platform.
6. Your legal Age
You represent that you are of legal age to enter into a binding contract with us; you must be at least 18 years old.
No one under the age of 18 may use this site; if you are under the age of 18, you are not permitted to access this website for any reason.
7. RISK WARNING
Forex trading involves a high level of risk, and may not be suitable for all investors. You should carefully consider your objectives, financial situation, needs and level of experience and seek independent advice if necessary. Forex and CFDs are highly leveraged products which mean both gains and losses are magnified. You should only trade in these products if you fully understand the risks involved and can afford losses without adversely affecting your lifestyle (including the risk of losing substantially more than your initial investment). No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on the website, in any video or webinars, in the course notes, on any email or within any other trading material provided. Trading involves high risks and you can lose a all of your deposit and more. Seek independent advice to decide if algorithmic trading in Foreign Exchange is suitable for your personal financial situation.
Despite having a stop loss there is no guarantee against any prevention of loss.
Investing in any investments, including those discussed in the website, is often very risky and speculative.
There is no guarantee for success of any kind. Trading in Forex or CFDs can result in immediate and substantial losses of the capital invested despite a personal trading plan and stop loss.
8. Past performance and future results
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. No representation is being made that any account will or is likely to achieve profits or losses similar to those talked about on our website, videos, emails or e-books or newsletters. Back-tested performance is hypothetical (it does not reflect trading in live market) One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. in addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. for example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. there are numerous other factors related to markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
9. Copyright and digital intellectual property rights
The Evestin Forex products are for your personal use only. You shall not distribute, copy, copy trade, signal trade, clone, decompile, reproduce, exchange, modify, sell, or transmit any Evestin Forex products. All Evestin Forex materials, including but not limited to audio, images, software, text, and video clips, are protected by copyright and digital intellectual property rights under international conventions, and other copyright laws. You agree to follow the instructions limiting the use of the materials only for your personal use. Any unauthorised use of the Evestin Forex materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
In cases of fraud or theft by you, acting alone or in concert with others, including situations in which you have allowed third parties to use your membership access or copied your trades of the Evestin Forex automated trading systems, Evestin Forex shall assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a $10,000 fee per forged, faked, fictitious, stolen or otherwise unauthorised item or transfer. This fee shall constitute liquidated damages to compensate Evestin Forex for the time and effort of Evestin Forex employees in rectifying said conduct.
10. 30-DAY FREE TRIAL
If you choose annual/quarterly Evestin Forex membership option you may receive a full access 30-day free trial to our trading robots, Evestin VPS and membership site. Use this time to evaluate and assess our product suitability to your needs and circumstances.
YOUR MEMBERSHIP PAYMENT WILL BE PROCESSED AUTOMATICALLY AFTER 30-DAYS UNLESS YOU CANCEL THE FREE TRIAL.
You can cancel your 30-day trial at any time by contacting us at firstname.lastname@example.org or by canceling the membership in members area.
YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND WE WILL AUTOMATICALLY BILL YOU FOR THE RENEWAL UNLESS YOU CANCEL YOUR SUBSCRIPTION. WE WILL BILL YOU FOR RENEWALS USING THE PAYMENT OPTION YOU SELECTED AND AUTHORIZED AT THE TIME OF YOUR INITIAL SUBSCRIPTION. (SEE DETAILS ON CANCELLATION BELOW).
You agree to pay the applicable charges and taxes that may apply at the time services are rendered to your purchase. Evestin Forex further reserves the right to change its charges any time by posting a modified schedule of Pricing and Rates on the The Evestin Forex Web site and sending modified schedule of Pricing to existing members. The Evestin Forex further reserves the right to reject a purchase for any reason.
You agree to reimburse Evestin Forex for any collection costs relating to any unsecured debit balance in your purchase, including taxes, attorney's fees, court costs, arbitration expenses, and interest.
If your membership payment has not been received on the due date, your membership will be terminated and your trading robots will stop working within 7 days.
You agree that your use of the Evestin Forex trading robots will be licensed to a single (1) live trading account. Addition live account licenses can be purchased for reduced fee.
12. Cancellation of membership.
You may cancel your membership at any time by contacting us at email@example.com or in members area. However, you must cancel at least 3 working days before your next automatic renewal date to avoid been charged.
To stop robot trading disable Auto-trading and remove robots from your charts, close any open trades manually and close down you trading platform.
Evestin Forex may terminate/alter any or all services, upon notice to you, rendered under this Agreement at any time and for any reason.
We offer 30-Day, no questions asked, full money back guarantee. Use this time to determine the suitability of our products to your needs.
NO REFUNDS WILL BE ISSUED AFTER 30-DAYS FROM THE DATE OF YOUR PURCHUSE.
ALL SALES ARE FINAL AFTER 30-DAYS FROM THE DATE OF YOUR PURCHASE.
14. Virtual Private Server (Evestin VPS)
You agree to use only single (1) MT4 platform per single (1) live account license on Evestin VPS. Furthermore you agree not to download or use any other software, trading related or not, on Evestin VPS. Failure to comply with this will result of immediate membership suspension and seeking of compensation for disturbing VPS resources.
You agree to change your temporary VPS login password at the first login. And you agree to keep your password and login information safe at all times. You agree not to share your password or login information with anyone. Breech of this rule will result of immediate membership suspension and seeking of damages for unauthorized access to Evestin VPS
You agree that Evestin Forex will not be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) during periods of: high market volatility, peak demand, systems upgrades, maintenance, operator errors, VPS downtime.
You agree that Evestin Forex will not be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) during periods of software or hardware upgrades and maintenance. Including events when you have missed trades due to downtime related to hardware or software updates.
You agree that Evestin Forex will not be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) in event of unauthorised access, hacking or breach to Evestin VPS.
In the event of an interruption of communications systems or other hardware or software malfunction to Evestin Forex website and Evestin VPS, access to membership site and your robots could be delayed. In such an event The Evestin Forex would not be liable for any losses or damages you might suffer as a result of such delays or outages.
Evestin VPS is NOT a replacement of your local MT4 trading platform on your computer. It is recommended to run a separate MT4 trading platform locally on your computer and/or on your phone to have access to your trading account if Evestin VPS is unaccessible.
Evestin VPS updates/maintenance information will be sent over the email. Please ensure you add firstname.lastname@example.org and email@example.com to your address book to ensure you receive this info in your inbox and not junk folder. Most of the Evestin VPS updates require system restart thus your MT4 trading platform will require a restart/re-login by you.
15. MetaTrader 4 Trading Platform (MT4)
Your brokers MT4 trading platform will be preinstalled on Evestin VPS. You can request a change or reinstallation of your MT4 trading platform any time by sending a request to firstname.lastname@example.org
You agree that Evestin Forex will not be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) in event of MT4 trading platforms malfunction or loss of connection.
YOU MUST MONITOR YOUR MT4 TRADING PLATFORM AT ALL TIMES. Evestin Forex and our staff have neither duty nor obligation to monitor your MT4 trading platform.
Your MT4 trading platfrom on Evestin VPS is NOT a replacement of your local MT4 trading platform on your computer. It is recommended to run a separate MT4 trading platform locally on your computer and/or on your phone to have access to your account if Evestin VPS is unaccessible.
16. Foreign law
The Evestin Forex makes no representation or warranty regarding its compliance with local laws in foreign jurisdictions, or regarding the appropriateness of the Web site's content or its compliance with such local laws. You understand that the The Evestin Forex site is the only means of accessing the Evestin Forex Expert Advisors. You agree that Evestin Forex shall not be liable for any losses or damages you incur as a result of the unavailability of The Evestin Forex Web site and our VPS from foreign countries.
17. Local law
All information on Evestin Forex website is not directed towards soliciting citizens or residents of the United States, United Kingdom and Europen Union.
Please check with your local jurisdiction if you are permitted to trade in Foreign Exchange (FOREX) market using algorithmic trading robots before purchasing the membership.
18. Software errors
Every effort has been made to make our software error and bug free. However, software errors and bugs are still possible. You must report any software errors and bugs to email@example.com immediately so we can rectify them. Furthermore, You agree that Evestin Forex will NOT be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) in event of any of our software error or malfunction.
19. Software updates
Evestin Forex will regularly update the trading software. You must update the new robot version promptly as soon as made available to you and stop using old versions immediately. Any out-dated robot versions should NOT be used.
Software updates will be sent over the email. Please ensure you add firstname.lastname@example.org and email@example.com to your address book to ensure you receive software updates in your inbox and not Junk folder.
By purchasing The Evestin Forex products and agreeing to these TERMS OF SERVICE, you agree to receive all communications from The Evestin Forex via the World Wide Web or e-mail. This will include, but not necessarily be limited to, confirmations of transactions, Purchase statements, financial statements, notices of modifications to The Evestin Forex's TERMS OF SERVICE, and other basic communications. Communications sent to your e-mail address or provided through the web site must be retrieved and read promptly. All communications sent by The Evestin Forex by any means will be deemed to have been received by you. Add firstname.lastname@example.org and email@example.com to your address book to ensure email delivery to your inbox and not Junk folder. You agree to advise us promptly of any changes to your e-mail and/or mailing address. You agree to advise Evestin Forex promptly of any errors or omissions in any transaction or in the handling of your membership Purchase. Failure to provide prompt notice of any errors will be deemed to constitute acceptance of the accuracy of all information sent to you.
You are responsible for protecting the confidentiality of any subscription identification, numbers, codes, user name, log in data, passwords or codes that we give you in connection with your use of our website and products.
You agreed to notify us immediately of any unauthorized use of subscription identification numbers codes and passwords or any other breach of security by emailing us at firstname.lastname@example.org We will not be responsible or liable for any losses you incur from the unauthorized use of your membership, identification number, codes, user name, log in data, passwords or codes
The testimonials presented on any of our Company’s websites/webinars/videos are applicable to the individuals depicted only and may not be representative of the experience of others. The testimonials are not paid and are not indicative of future performance or success of any other individuals. Our Company cannot and does NOT guarantee that you will achieve the same results as other members.
24. PRIVATE TRAINING SESSION
Private training session is 1-on-1 Skype session to show and explain how our automated trading systems work. Any advice given during training session is general product advice only and should not be considered investment or financial advice. Any private training sessions must be used within 90 days of purchase. No refunds are given for unused training sessions.
25. FXBLUE ACCOUNT-TRACKING
By adding your FXBLUE account to Account-tracking you agree than your account performance may be published in a portfolio or individually on our website, shared with our clients or prospect clients via emails, videos, webinars, newsletters, blogs, or forums. This information will be shared anonymously. Only your account number will be revealed, without your name or any other personal information.
Only FXBLUE Live accounts can be added to Evestin Forex traders portfolio. Only New FXBLUE accounts can be added to Evestin Forex portfolio (No old history in the trading account). Only FXBLUE accounts that trade Evestin Forex systems exclusively (no manual trading or other system trading) can be added to Evestin Forex traders portfolio. If you start to trade manually on your account or with any other systems, your FXBLUE account will be removed from Evestin Forex traders portfolio without any notification to you.
By adding your FXBLUE account to Evestin Forex traders portfolio you understand that Evestin Forex staff have no participation in operations executed on your trading platform and has neither duty nor obligation to monitor your trading activity or performance. You understand that Evestin Forex will not interfere with your account or trading platform in any way. Evestin Forex is under no obligations to inform you of any trade errors or missed trades on your account. You are alone are solely responsible for all your trading on your account and must monitor your account, your robots and your trading platform closely and at ALL times.
26. Forex Brokers
Evestin Forex is NOT a broker, investment advisor nor a financial advisor. We don't hold, manage or have any access to your trading funds.
To use Evestin Forex trading software and have access to the Forex market you will need to open a Demo or Live trading account with a Forex broker. Forex broker will hold your funds (if using Live account) and give you access to the Forex market. If you open a live trading account with our recommended brokers using our referral links we will be compensated by the broker with commission rebates from your trades. This does NOT affect your trading spreads. There is no markup when you open a trading account with our recommended brokers using our referral links. You may remove the referral link to Evestin Forex any time by contacting your broker. This will have no effect on your membership or trading robots.
Different brokers can have different prices, spreads, time zone settings or high latency. This can lead to false signals. For this reason we strongly recommend you open trading account with brokers we have tested our systems. However, even the same broker can have multiple servers and different price feed, furthermore since we trade in real open market there is never a guarantee that someone will be there to take other side of your trade. This can lead to differences in between trading accounts.
If you choose to trade with different broker than what we recommend , expect to have significantly different trade results. Furthermore, make sure to do plenty of demo testing on brokers other than the ones we recommend as automated trading systems can perform a lot differently on other broker trading platforms.
Evestin Forex shall NOT be responsible for any coding errors, trading errors, slippage, spread widening, misquoting, wrong lot sizes, hedging restrictions, FIFO rule restrictions or Automated trading restrictions, or Account type change done by your broker.
Our trading systems are NOT compatible with brokers who offer Bonuses to your deposits. These bonuses are not added to your balance but rather to your equity this will mean your lot sizes will be calculated wrongly.
Our trading systems are NOT compatible with Spread-betting broker accounts.
If you change your account type with your broker (such as from Pro to Standard account type) always ensure that you disable trading robots ( disable auto-trading) and CLOSE any open positions before requesting the account type change.
27. WHAT WE ARE NOT:
- We are NOT broker or dealer, investment advisor nor financial advisor, nor an advisory service, nor do we act as such.
- We do NOT trade for you
- We do NOT give investment advice
- We are NOT a copy trade service
- We are NOT a signal service
- We do NOT recommend trades or transactions in securities, commodities, futures, FOREX or other financial instrument.
- We do NOT effect transactions in securities or engage in other broker or dealer activities.
- We do NOT give trading advice tailored to any particular situation or particular individual.
28. Robot personal license
Robot personal license holder receives the robot ex4 and set files and MT4 templates that can be used on any 2 MT4 trading accounts for personal use only. You shall NOT sell signals, copy trades, distribute, copy, clone, decompile, reproduce, exchange, modify, sell, or transmit any Evestin Forex robots. Breach of these rules will result in immediate robot termination and seeking of compensation of damages and loss of profits to Evestin Forex.
Personal license holder receives all updated robot versions as and when they are available to all Evestin Forex members. With a minimum 1 new update every year, during which robot time settings will be updated and MT4 account numbers can be changed. (MT4 account numbers can be changed once a year)
29. Updates to Term of Service
We’ll update Terms of Service from time to time to reflect changes in technology, law, our business operations or any other reason we determine is necessary or appropriate. When we make changes, we’ll update the “Effective Date” at the top of the Terms of Service and post it on our site. If we make material changes to it we’ll notify you (by, for example, prominently posting a notice of the changes on site before they take effect or directly sending you a notification). Your continued use of the Evestin Forex products means that you accept any new or modified Evestin Forex Terms.
We encourage you to check back periodically to review this Terms of Service for any changes since your last visit. This will help ensure you better understand your relationship with us.
30. How to contact us
If you have questions, comments or if you would like to exercise your rights and choices, please email us at email@example.com
I, as a Evestin Forex Purchaser, have read and understand these Terms of Service. Furthermore, my continued use of The Evestin Forex products shall constitute my consent to these Terms of Service.