Primul pas către libertatea ta financiară
AVERTISMENT DE RISC MAJOR PENTRU PRODUSELE DE TRANZACȚIONARE AUTOMATĂ
Tranzacționarea pe piețele financiare implică un nivel ridicat de risc și poate duce la pierderea integrală a capitalului investit. Robotul de Tranzacționare este o unealtă software care execută operațiuni în mod automat, iar performanțele sale trecute nu reprezintă nicio garanție a rezultatelor viitoare. Marias Marius Mihai PFA nu oferă nicio garanție de profit și nu va fi trasă la răspundere pentru nicio pierdere financiară suferită de client ca urmare a utilizării acestui software. Utilizați acest produs doar dacă înțelegeți pe deplin și sunteți dispus să acceptați riscurile implicate. Acest produs nu constituie consultanță pentru investiții financiare.
TERMS OF SERVICE
TERMS AND CONDITIONS
SECTION I: PREAMBLE
This document, published in electronic format at http://www.smartmoneysystem.ro, together with the Privacy Policy and any other referenced policies, represents the Terms and Conditions (hereinafter "T&C") governing the legal relationship between SC DORCEZ SRL, as the Provider, and any natural or legal person choosing to interact with our website or services, as the User or Client. These T&C constitute the contractual agreement between the parties.
SECTION II: GENERAL ASPECTS
2.1. The SmartMoneySystem.ro platform and the website www.smartmoneysystem.ro (hereinafter referred to as the "Platform") are owned and operated by SC DORCEZ SRL, headquartered in Satu Mare, 7 Jozsef Attila St., Satu Mare County, email: smartmoneysystem.mail@gmail.com, registered with the Trade Register under no. J30/1075/2018.
2.2. By accessing and using the Platform, the User or Client confirms that they have read, understood, and consented to these T&C and agree to comply with them throughout the entire period of use.
2.3. SC DORCEZ SRL reserves the right to unilaterally modify these T&C. For new visitors or Users without an active contract, modifications are binding from the moment of publication on the site. For existing Clients, any substantial changes will be notified in advance via email at least 15 (fifteen) days before coming into effect, offering them the possibility to terminate the contract if they do not agree with the new conditions.
2.4. By registering an account on the Platform, regardless of the chosen method, you commit to adhering unreservedly to (i) these Terms and Conditions and (ii) the Privacy Policy. Acceptance of these terms is voluntary but essential for accessing and using our services.
2.5. These T&C, together with the order form and order confirmation, constitute the distance contract concluded between the parties. In the event that a distinct (separate) service agreement is signed, the provisions of that agreement shall complement and, in case of inconsistency, prevail over this document.
SECTION III: DEFINITIONS
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PROVIDER – SC DORCEZ SRL.
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CLIENT – The natural or legal person who purchases a Service.
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USER – Any person who visits and/or interacts with the Site.
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SERVICES – Any service or product, including online courses, educational materials, consulting sessions, or the license for the Trading Robot.
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TRADING ROBOT (SOFTWARE) – The automated trading computer program sold under license by the Provider.
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ACCOUNT – The online platform provided by www.smartmoneysystem.ro, accessible via an email address and a personal password, allowing the Client access to the Services.
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SITE – The domain www.smartmoneysystem.ro and its subdomains.
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CONTRACT – This distance agreement, materialized through these T&C and the order confirmed by the Provider.
SECTION IV: EDUCATIONAL SERVICES
4.1. This section refers to services that do not include the Trading Robot, such as online courses, educational videos, textual and graphic content, etc.
4.2. SC DORCEZ SRL provides, for a fee, training and guidance in the field of trading, ensuring access to the digital educational resources available on the Platform.
SECTION V: SPECIFIC CONDITIONS REGARDING THE TRADING ROBOT
5.1. GRANTING OF LICENSE: By purchasing the Trading Robot ("Software"), the Client receives a personal, non-exclusive, non-transferable, and revocable license to install and use the Software on a single trading account, in accordance with these Terms and Conditions. All intellectual property rights over the Software remain the exclusive property of SC DORCEZ SRL. Any form of copying, modification, distribution, or reverse engineering of the Software is strictly prohibited and will lead to immediate revocation of the license and legal action for damages.
5.2. EXCLUSION OF PERFORMANCE WARRANTIES: The Provider offers no warranty, express or implied, regarding the profitability, accuracy, or performance of the Software. The Client understands and accepts that financial markets are volatile and unpredictable. Any performance examples, backtests, or historical results presented in marketing materials are purely informative and hypothetical and do not constitute a promise or guarantee of future results.
5.3. EXTENDED LIMITATION OF LIABILITY: To the maximum extent permitted by law, the Provider shall not be held liable for any loss, direct or indirect damage (including, but not limited to, financial loss, loss of data, or business interruption) resulting from: (i) The use or inability to use the Software; (ii) Any error, bug, malfunction, or inaccuracy of the Software; (iii) Interruptions in the Client's internet connection, hardware failures, or VPS server issues; (iv) Technical issues, liquidity, latency, or execution problems on the part of the broker platform used by the Client; (v) Incorrect settings, poor risk management, or any other operational error made by the Client; (vi) Extreme market conditions, unusual volatility, or "black swan" events that may negatively affect the Software's strategy. The Provider’s total liability, under any circumstances, shall be strictly limited to the amount paid by the Client for the purchase of the Software license.
5.4. CLIENT OBLIGATIONS AND RESPONSIBILITIES: The Client is solely responsible for: (i) Choosing a regulated and reliable broker; (ii) Correct configuration of the Software according to instructions and their own risk parameters; (iii) Constant monitoring of the trading account activity and Software functionality; (iv) Ensuring a stable internet connection and an adequate technical environment (VPS recommended); (v) Fully understanding the financial risks and making decisions to start or stop the Software based on market conditions and their own risk tolerance.
5.5. NATURE OF THE SOFTWARE AS A TOOL: The Trading Robot is sold as a software tool (an "as is" product) and does not constitute investment advice, portfolio management, trading recommendations, or any other regulated financial service. The decision to use the Software and all its consequences belong entirely to the Client.
SECTION VI: CONSULTING SESSION
6.1. The Consulting Session is a free individual session aimed at promoting www.smartmoneysystem.ro and informing Users in advance regarding key concepts of investment trading and the educational resources offered. Any other free meeting, online or offline, organized under the auspices of Smart Money System will be governed by the provisions of this subsection.
6.2. PERSONAL DATA: To schedule a Consulting Session, prior registration is required, involving the processing of personal data as a result of filling out the form on the Site. Users will express their consent for the processing of personal data upon registration by checking the corresponding box for registration, participation in the session, and receiving commercial communications from SC DORCEZ SRL. Consent may be withdrawn at any time, according to the Privacy Policy.
6.3. Consulting Sessions offered by SC DORCEZ SRL are intended to be additional educational opportunities and do not constitute an obligation on the part of the company to provide specific services or guarantee a certain quality of information.
6.4. Any promotions or discounts offered during the Consulting Session are at the discretion of SC DORCEZ SRL and cannot be claimed without an explicit public statement from the company.
6.5. SC DORCEZ SRL reserves the right to select participants for the Consulting Sessions and to limit their number, based on criteria established by the company.
6.6. Consulting Sessions may be recorded, with the prior consent of the participants, and used for marketing or educational purposes. Participants are not entitled to compensation for the use of these materials.
6.7. Participants are responsible for their internet connection and the equipment necessary for participating in the sessions. SC DORCEZ SRL is not responsible for technical issues encountered by participants.
6.8. Participants in the Consulting Sessions are obliged not to record, distribute, or disclose the materials or information obtained without the explicit consent of SC DORCEZ SRL.
6.9. SC DORCEZ SRL assumes no responsibility for decisions made based on information received during the consulting sessions and will not be liable for any damages suffered by participants.
SECTION VII: INTELLECTUAL PROPERTY MATTERS
7.1. All intellectual property rights over the content provided (video materials, texts, graphics, trademarks, Software source code, etc.) belong to SC DORCEZ SRL and are protected by Law no. 8/1996 on copyright and related rights.
7.2. It is forbidden to reproduce, distribute, rent, lend, publicly communicate, create derivative works, or any other form of exploitation of the content without the prior written consent of the Provider.
7.3. Any User who violates this obligation will be held liable according to current legislation and will be required to fully compensate for the damage caused.
7.4. The User or any person accessing the site undertakes not to use any form of intellectual property for public or commercial purposes and not to remove intellectual property rights notices from the materials without explicit written agreement from SC DORCEZ SRL.
SECTION VIII: GENERAL LIMITATION OF LIABILITY
8.1. In addition to the specific clauses in Section V, the following apply: SC DORCEZ SRL does not function as an accredited educational entity and does not offer officially recognized diplomas or certifications.
8.2. Success within any program depends on the dedication, effort, and individual commitment of each student. SC DORCEZ SRL shall not be liable for students' failure to achieve anticipated personal or professional goals.
8.3. SC DORCEZ SRL assumes no responsibility for financial losses or failure to achieve investment objectives of clients. Each user is responsible for their own decisions.
8.4. While SC DORCEZ SRL strives to ensure that the information provided is current and correct, we cannot guarantee that it is completely error-free or exhaustive.
8.5. The Site may contain links to third-party sites. We are not responsible for the content, policies, or practices of these sites.
8.6. The information presented is not a substitute for financial, legal, or other licensed professional advice.
SECTION IX: RIGHT OF WITHDRAWAL
9.1. According to Emergency Ordinance no. 34/2014, the right of withdrawal does not apply to the provision of digital content (including activated software licenses and accessed course materials) that is not delivered on a tangible medium.
9.2. By accepting these T&C and placing an order, the Client expresses their express prior consent for the immediate commencement of service provision (license activation / course access) and confirms that they have acknowledged the fact that they will lose their right of withdrawal. Consequently, paid amounts are non-refundable.
SECTION X: TERMINATION OF RELATIONSHIP
10.1. SC DORCEZ SRL reserves the right to restrict or terminate the access of any User/Client to the website www.smartmoneysystem.ro in the event of non-compliance with the Terms and Conditions or when there are credible indications of their violation.
10.2. If such a measure is required, SC DORCEZ SRL will take all necessary steps to notify the User/Client regarding the suspension or termination of access, explaining the reasons that led to this decision.
10.3. Clients may opt at any time to close their user account. Certain existing legal or financial obligations will not be canceled by simply deleting the account.
SECTION XI: FORCE MAJEURE AND FORTUITOUS EVENTS
11.1. The parties are exempt from liability for failure to fulfill obligations if caused by force majeure or a fortuitous event.
11.2. Force majeure is any external, unpredictable, absolutely invincible, and inevitable event. A fortuitous event is an event that cannot be foreseen or prevented.
11.3. The party invoking force majeure or a fortuitous event is obliged to notify the other party within 72 hours of the event's occurrence and provide evidence to this effect.
11.4. If the event persists for a longer period, the parties have the right to renegotiate the terms or terminate the contract.
11.5. In the event of Contract termination due to the persistence of force majeure or a fortuitous event, SC DORCEZ SRL will proceed to refund any amounts paid in advance by the Client for services that have not yet been rendered and from which the Client has not benefited.
SECTION XII: PRIVACY POLICY
12.1. SC DORCEZ SRL is committed to maintaining the confidentiality of User/Client personal data. The processing of this data will be carried out respecting the provisions of the current Terms and Conditions, the Personal Data Processing Policy (presented below), and applicable legislation.
12.2. The detailed Privacy Policy is an integral part of these T&C.
SECTION XIII: DISPUTES
13.1. The parties will attempt to resolve any disputes amicably.
13.2. If an amicable resolution fails, disputes will be settled by the competent courts at the Provider's headquarters or, in the case of disputes with consumers (natural persons), at the court of their domicile/residence, according to the law.
SECTION XIV: FINAL PROVISIONS
14.1. If any provision of these T&C is determined to be void, that provision shall be severed from the other clauses, which will continue to be valid and applicable to the maximum extent permitted by law.
14.2. This document represents the entire agreement between the parties and supersedes any other prior verbal or written understanding.