Terms & Conditions
This END USER LICENSE AGREEMENT (the “Agreement”) is made and entered into by Quantum Capital Global, LLC (“Quantum”) and by customer or end user of the Quantum Bot software products (“you” or “Licensee”). Your acceptance of the following terms will be evidenced by your purchase and use of the Quantum Bot software products (the “Product”).
License Grant
This Agreement applies to any and all version(s) of the Product as well as any updates, modifications, and replacements thereof. Quantum grants Licensee a limited, non-transferable license to use the software Product in object code form only solely for Licensee’s personal purposes in accordance with the terms of this Agreement and not for any commercial or other purposes.
Limitations
Licensee will not: (i) rent, lease, loan, sublicense, sell, copy, or distribute the Products in whole or in part to any third party; (ii) use the Products for any commercial purpose other than personal use; (iii) remove, alter, obfuscate, and/or otherwise deface any trademarks or notices on the Products; or (iv) modify, decompile, disassemble, decrypt, reverse engineer or emulate the functionality of and/or create derivative works of the Products. Further, copytrading is prohibited without express written permission from Quantum, which may be granted or withheld at Quantum’s sole discretion. Any deviation by Licensee will result in termination of Licensee’s license for the Products and no refund will be owed or issued.
Ownership
Quantum reserves all rights not expressly granted to Licensee in this Agreement and retains all right, title and interest in and to the Products under all applicable federal, state and local laws of the United States or any other jurisdiction. The Products, including, without limitation, the object code and source code, whether or not provided to Licensee, are strictly confidential to Quantum. Quantum retains all right and title to the Product and any updates, enhancements, or modifications thereto.
Settings
It is your responsibility to input settings for your Quantum Bot based on your account size and risk/reward desires. Quantum agrees to provide training and education around risk settings including how to adjust same. Quantum agrees to provide this in educational calls to be held by video conference on a regular schedule. The online manual available in your Quantum back office via your unique user login contains instructions for adjusting your risk to ”Normal” or “Conservative”. You may adjust the settings of your Quantum Bot yourself at any time. Instructions to do so will be included with your Bot and will be reviewed in our regular technical support and setup guidance sessions. Quantum user manual may be updated from time to time. It is your responsibility to ensure you are consistently reviewing the latest manual updates.
Payment
Payment shall serve as your acknowledgement and agreement to the terms contained herein. Upon payment, you will receive an email with login instructions to your back office where you may download your software, activate your license key, review the user manual, and access all training and education calls. Reminders for all educational webinars will also be posted in the Quantum private Telegram chat. It is your responsibility to ensure you are logged into these platforms and check them regularly for updates and announcements.
Tax Compliance
Licensee acknowledges and agrees that it is solely responsible for complying with all applicable tax laws, regulations, and obligations arising from the use of the Products, including but not limited to any taxes relating to activities generated through the Products. Quantum shall not be responsible for any tax liabilities incurred by Licensee. Failure to comply with tax obligations may result in penalties or legal consequences for which Licensee shall be solely liable.
Account
Your beginning account size will unlock your Quantum Bot to trade on a maximum of the value you selected upon purchase. If your brokerage account exceeds this value, you must either make a withdrawal to reduce your account size below your licensed threshold or upgrade to the next tier. Failure to reduce your account size or upgrade will automatically shut off your license key and your Quantum Bot will no longer function. This may leave positions open in your brokerage account. It is your sole responsibility to ensure your account remains within its licensed threshold. If you would like to upgrade, you may do so directly via your Quantum back office login or by emailing info@quantumbots.co (please allow up to 24 hours for a response to any emails submitted). Your upgrade fee will be the difference between your current purchase and the purchase price of the account size you with to upgrade to, at current prices.
Monthly Maintenance Fees
You will be responsible for paying maintenance fees on a monthly basis to maintain your account as designated by Quantum. All fees are: (i) stated and payable in United States dollars; (ii) non-refundable. Failure to pay the monthly service fee will result in forfeiture of your license key and your Quantum Bot will no longer function. This may leave open trades unmanaged, and Licensee assumes sole responsibility for any losses which may occur due to non-payment. No licensing fee refunds will be granted due to non-payment of the monthly maintenance fee. Your first invoice will be received one month after your license is activated, and invoicing will repeat monthly, unless free months have been granted as part of the initial sale of the Product. If your service fee is not paid within 14 calendar days of your invoice date, your software license will be revoked and a re-licensing fee of $500 will be charged, in addition to payment of any and all past-due monthly maintenance fees, to reactivate your Quantum Bot. Disabling of your license key may leave open positions unmanaged. It is your responsibility to ensure timely payment of your monthly maintenance fee. Quantum bots may or may not provide warning messages prior to disabling your license key if you fail to remit payment of this monthly fee.
No Warranty
Quantum Capital LLC and Quantum Bots offers the Products on an “as is” basis with no warranties, either expressed or implied. In the event of a defect in the product, Licensee’s sole and exclusive remedy is the repair or replacement of the defective software as determined by Quantum in its sole discretion. Quantum and its affiliates hereby disclaim any and all other warranties, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Quantum does not warrant that the product will meet Licensee’s requirements, operate without interruption or be error free.
Refund Policy
Licensee acknowledges and agrees that Quantum offers a refund policy on the Product as specifically stated herein. If, within ninety (90) days of Licensee’s continuous use of the Product following the date of purchase, Licensee is not satisfied with the Product, Licensee may request a full refund of the purchase price paid. Licensee may not have utilized OX Securities, which is an un-supported broker, and must use a broker with minimum leverage requirements as stated in Paragraph 11.
To request a refund under the Limited Refund as outlined above, Licensee must provide written notice of its request to Quantum within ng the 90-day trial period. Upon receipt of the written notice, Quantum will process the refund of the purchase price as applicable within 14 business days. Licensee may not request a refund beyond 90 days from the time Licensee initiated use of the Product. Licensee acknowledges that it has read, understood, and agreed to the terms of the Quantum Refund Policy. Licensee acknowledges that if Licensee has initiated a chargeback process with Licensee’s credit card company, Quantum will be unable to issue a refund until such chargeback is lifted by Licensee.
Broker Selection
Select your broker wisely. Quantum Capital Global LLC and Quantum Bots do not make broker recommendations and is not a brokerage or partner in any broker business. We make no guarantee as to the stability or performance of any brokerage. Do your own research and decide on the right broker for you. The purchase, sale or advice regarding a currency can only be performed by a licensed Broker/Dealer. Neither Quantum Capital Global LLC, Quantum Bots, nor its affiliates, officers, employees, or associates involved in the production and maintenance of these products is a registered Broker/Dealer or Investment Advisor in any State or Federally-sanctioned jurisdiction. All purchasers of products referenced herein are encouraged to consult with a licensed representative of their choice regarding any particular trade or trading strategy. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website, or Quantum Capital or Quantum Bots’ informational materials. The past performance of any trading system or methodology is not necessarily indicative of future results. Your Quantum Bot may be utilized on any brokerage of your choice, however your brokerage account must meet the requirements of Quantum Bots. Quantum will provide a list of “compatible brokers”. OX Securities is an un-supported broker and may not be utilized. Brokers must have a minimum leverage of 1:100 (preferably 1:200). Low leverage brokers such as 1:30 or 1:50 may not be utilized as the Product(s) were not designed for low-leverage trading environments. For guidance on these requirements please visit https://quantumbots.co and review the Frequently Asked Questions.
Disclaimer
Trading foreign exchange CFDs on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to use the Products and invest in the Foreign Exchange market, you should carefully consider your investment objectives, level of experience and risk appetite. The possibility exists that you could sustain a loss of some or all of the capital in your brokerage account and therefore you should not trade with money that you cannot afford to lose. Quantum Bots and Quantum Capital LLC have no access to your brokerage account and do not have the ability to open or close trades. Your Quantum Bot operates independently of any centralized system or software platform and is not under the control or supervision of Quantum Bots. You should be aware of all the risks associated with Foreign Exchange trading and seek advice from an independent financial advisor if you have any doubts. In trading and investing, we use past performance to make educated decisions. However, past performance is not a guarantee of future results. The information contained herein is not an invitation to trade any specific investments or instruments in the global financial markets. Trading requires risking money in pursuit of potential future gain. The decision to trade is your own. This document does not take into account your own individual financial and personal circumstances. It is intended for educational purposes only and not as individual investment advice. Do not act on this without advice from your investment professional, who will verify what is suitable for your particular needs & circumstances. Failure to seek detailed, professional, personally tailored advice prior to acting could lead to you acting contrary to your own best interests & could lead to losses of capital.
Termination; No Refunds
Quantum shall have the right to terminate this Agreement and Licensee’s account should Licensee breach any of its obligations hereunder, and no refund shall be owed to Licensee. Licensee may terminate this Agreement at any time upon notice to Quantum; however, no refunds will be provided, nor does termination release Licensee from any payment obligations to Quantum existing as of the time of such termination. Immediately upon termination, all Product licenses will be deactivated, and Licensee will cease all use of the Products and must delete any copies of the Products from their systems.
Confidentiality
Licensee agrees to maintain the confidentiality of all proprietary information and trade secrets disclosed by Quantum in connection with the Products. Licensee shall not disclose, disseminate, or otherwise make available such information to any third party without the prior written consent of Quantum. This obligation of confidentiality shall survive the termination of this Agreement and shall continue indefinitely thereafter. The Licensee acknowledges that unauthorized disclosure of confidential information may cause irreparable harm to Quantum, for which monetary damages may be inadequate, and therefore Quantum shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity. Licensee agrees not to attempt to unlock, reverse engineer, or otherwise make public the intellectual property of Quantum Bots, including the product “source code.” Should Quantum Bots become aware that Licensee has unlocked the product source code, Licensee understands that this can cause irreparable financial harm to Quantum Bots.
Non Disparagement
During the Term of this Agreement, and for two (2) years thereafter, the Parties mutually agree that any issues or problems that either Party has regarding the other with respect to this Agreement, shall be discussed with the other Party in a professional and private manner. The Parties hereby mutually agree not to disparage, insult, or fabricate information regarding the other Party in any online or offline forum or any other forum whatsoever, including but not limited to social media channels, regardless of whether such comments or information would not constitute libel or slander, and regardless of whether such comments could be deemed factually true.
Limitation of Liability
In no event will Quantum, its affiliates, or respective directors, officers, employees or agents be liable to Licensee under any contract, negligence, tort, or other legal or equitable theory for any consequential, incidental, indirect, or special damages whatsoever (including damages for loss of profits, investment capital, business interruption, loss of business information, and the like), whether foreseeable or unforeseeable, or for cost of procurement of substitute goods, technology, or services, regardless of the basis of the claim and even if Quantum has been advised of the possibility of such damage and even if a remedy set forth in this Agreement is found to have failed its essential purpose. In no event will Quantum’s cumulative liability for damages for any cause whatsoever, and regardless of the form of the action, ever exceed the amounts paid to Quantum by Licensee during the 12-month period ended on the date such claim arose.
Governing Law
Should any conflict or claim arise, such conflict shall first be submitted to mediation in Miami-Dade County, Florida. If the conflict is not able to be resolved through Mediation, the same shall be heard in a Court of Law in the State of Florida. By accepting these Terms & Conditions, you are agreeing to waive rights to seek any claims or file any judgements in any jurisdiction other than the State of Florida.
Force Majeure
Neither Party shall be responsible for any failure to perform beyond its reasonable control, including, without limitation acts of God, national health emergencies, acts or omissions of civil or military authority, civil disturbances, wars, strikes or other labor disputes, fires, storms, floods, hurricanes, transportation contingencies, or interruptions in telecommunications or internet services, third party vendors or network provider services.
Entire Agreement; Counterparts
This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous memoranda and oral and/or written agreements relating to the subject matter of this Agreement. This Agreement may be executed in several counterparts and all such counterparts shall constitute one and the same Agreement. The captions in this Agreement are for purposes of convenience only and are not a part of this Agreement.
Updates and Changes
Quantum reserves the right from time to time provide to Licensee modifications to or updated versions of this Agreement via electronic means. Said modifications or new version shall be deemed to be accepted by Licensee only after the Licensee has provided explicit written consent to the modifications or updates.
Waiver
The failure of any Party to insist on or enforce strict performance of any provision of this Agreement, or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment of the right to assert or rely upon any such provision, right or remedy in that or any other instance. Waiver by either party of a breach of any provision contained herein must be in writing, and no such waiver may be construed as a waiver of any other and/or succeeding breach of such or any other provision of this Agreement, or a waiver of the provision itself.
Severability; Headings
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. In such event, the Parties hereby acknowledge their intent to make such invalidated provision, or part of such provision, as to be deemed replaced with a valid provision or part of provision that most closely approximates and gives effect to the intent and economic effect of the invalid provision or part of provision. Any such modification shall revise the existing invalid provision, or part thereof, only as much as necessary to make the invalidly-held provision otherwise valid. Headings are used for convenience of reference only, are not part of this Agreement, and in no way define, limit, construe or describe the scope or extent of any section of this Agreement, or in any way affect this Agreement.
Quantum Bots Deliverables
Once Licensee has made full payments to Quantum Bots for the product, Quantum shall provide:
- The Product software system including license key, via Client’s unique login to Client’s Quantum back office. Same shall be provided by email upon purchase;
- Educational Setup & Training Calls, which shall be held via webinar several times per week. All dates, times and topics are posted in Quantum’s private Telegram group.
- 1-1 Setup Support: Quantum provides 1-1 setup support for Licensees who desire a 1-1 setup experience. However, Client understands that 1-1 setup calls are held on a “first come, first served” basis and client may have to wait up to five (5) business days for 1-1 setup. As education is important to successful use of any proprietary trading software system, Licensee acknowledges that a 1-1 set up call does not negate the requirement to attend a minimum of one (1) of each setup education calls in order to maintain eligibility for the refund guarantee.
- Interactive Setup & Educational Manual: Quantum shall provide Licensee with a complete, up to date interactive setup manual, which is available in Client’s Quantum Bots back office login.
- Technical Support: Quantum will provide 1-1 technical support to Licensee, provided Licensee’s request has not already been answered in Quantum’s Frequently Asked Questions, training materials or regular setup and educational calls. Licensees who request assistance on subjects which are covered in these materials will be pointed back to these materials and educational opportunities.
- Product Updates: Should Quantum issue a product update, same will be provided to Licensee at no charge, provided Licensee is not behind on any payments owed to Quantum.
- Account Reviews: Should Licensee suspect their broker may be manipulating trades in their brokerage account, Quantum shall provide a complete account review for the Licensee to ascertain if any broker manipulation is taking place, at its sole discretion. Licensee agrees to provide all information required for Quantum to carry out an account review. Quantum will provide guidance to the Licensee on how to obtain this data. Client understands that an account review is necessary in order to request a refund, per Article 10. As this process requires reviewing a large amount of data, account reviews can take up to ten (10) business days.
- Quantum Private Telegram Channel: Quantum utilizes a private Telegram channel to help ensure Licensee will not miss any important announcements. It is Licensee’s responsibility to join the private telegram channel. A link to same is provided by Quantum via email at the time of purchase.
- Quantum Licensee Back-Office: Licensee shall have uninterrupted access to their Quantum Back Office, so long as Licensee’s account is in good standing. Here, Licensee may make changes to their license key (change MT4 account number, upgrade account size tier, change payment information for monthly maintenance fees, etc.); view all training materials including interactive manual and recordings of onboarding & training calls; access Licensee’s affiliate link, etc.
In accepting these Terms & Conditions and continuing with your purchase of the Product(s), you are acknowledging that the decision to place a trade is your own, you assume all liability and risk for doing so, and you hereby agree to waive any liability against Quantum Capital Global LLC, Quantum Bots and its agents, affiliates, associates, employees, representatives or other persons or entities affiliated with and/or controlled by Quantum Capital Global LLC and Quantum Bots, and agree to indemnify and hold them harmless from any and all claims or liabilities.