Terms & Conditions – OPtimatraDE
Effective Date:
These Terms & Conditions (the "Agreement") constitute a legally binding contract between you ("User," "Client," or "Purchaser") and OPtimatraDE ("Company," "we," "our," or "us"). By purchasing, downloading, installing, or using the OPtimatraDE software (the "Bot" or "Service"), you expressly agree to be bound by these terms.
1. Service Agreement
By using OPtimatraDE, you acknowledge and agree that the Bot is provided "as is" and "as available." The Company does not guarantee profits, accuracy, or uninterrupted operation of the Bot. Your use of the Service is entirely at your own risk.
2. Payment Terms
All payments must be made in cryptocurrency (USDT) to the wallet address provided at the time of purchase. Payments are final and non-refundable under all circumstances. Access to the Service is granted only upon confirmed receipt of payment. The User is solely responsible for paying any applicable taxes, duties, or fees arising from the transaction.
3. No Refunds – No Chargebacks
You acknowledge and agree that due to the digital nature of the Service and the irreversible nature of cryptocurrency transactions, no refunds, returns, or chargebacks are permitted for any reason, including but not limited to dissatisfaction, technical issues, or market performance.
4. Trading Disclaimer
Trading in financial instruments, including binary options, carries significant risk of loss. Past performance does not guarantee future results. You are solely responsible for any trading decisions made using the Bot. OPtimatraDE and its affiliates shall not be held liable for any financial losses, damages, or claims arising from your use of the Service.
5. No Guarantee of Profit
The Bot is provided strictly as a trading assistance tool. OPtimatraDE does not provide any guarantee, representation, or warranty of profit, success, or positive results. All trading outcomes are the sole responsibility of the User.
6. Platform Dependency
The Bot operates in connection with the Pocket Option platform. If Pocket Option or any third-party provider changes, restricts, suspends, or terminates their services or makes updates that render the Bot inoperative, the Company assumes no responsibility. No refunds or compensation will be provided in such cases. For clarity, such events shall also be deemed Force Majeure Events as defined in Section 13.
7. Service Availability
We strive to maintain high service availability; however, we do not guarantee uninterrupted or error-free operation. Scheduled maintenance, third-party failures, or force majeure events may affect service performance without liability to the Company.
8. Limitation of Liability
To the maximum extent permitted by law: OPtimatraDE shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from or related to the use of the Bot. The User waives any right to claim damages beyond the amount paid for the Service.
9. Intellectual Property & License
The Bot and all related code, branding, materials, and documentation are the exclusive intellectual property of OPtimatraDE. Users are granted a non-exclusive, non-transferable license for personal use only. Resale, distribution, sublicensing, modification, or reverse engineering is strictly prohibited. Any violation of this section results in immediate termination of the license without refund.
10a. Geographic Restrictions and Israel Prohibition
Binary options trading is illegal in Israel under the Securities Law, 1968, and regulations of the Israel Securities Authority. Therefore, clients from Israel are not permitted to purchase or use this product. All users are obligated to verify prior to purchase that binary options trading is legal and approved in their country. In case of false declaration by the User regarding their residency, OPtimatraDE shall bear no liability, and the User assumes full legal and financial responsibility for all consequences. The Company reserves the right to refuse to sell the product to any user whose country prohibits binary options trading.
11. Data Usage & Privacy
We collect only minimal technical information necessary for Service operation. We may collect limited usage logs (e.g., IP address, login timestamps, license verification data) strictly for security, anti-fraud, and licensing enforcement purposes. No personal or financial data from trading accounts is stored or shared. We do not sell or disclose your data to third parties except as required by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless OPtimatraDE, its affiliates, employees, and partners from and against any claims, liabilities, damages, losses, or expenses (including but not limited to legal expenses, court fees, and attorney's fees) arising from your use of the Service, violation of these Terms, or unlawful activity.
13. Force Majeure
The Company shall not be held liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, cyber-attacks, government restrictions, changes in regulation, platform dependency failures, or third-party service disruptions.
14. Termination
The Company reserves the right to terminate or suspend your access to the Bot without prior notice if you violate these Terms. Upon termination, all rights to use the Bot immediately cease. No refunds shall be granted. In case of termination due to violation of these Terms, the Company reserves the right to block the User's license key and access without refund.
15. Changes to Terms
The Company reserves the right to amend, update, or modify these Terms at any time. Continued use of the Service after such changes constitutes acceptance of the revised Terms.
16. Severability
If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
17. Governing Law & Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of England & Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England & Wales.
18. Language Priority
If these Terms are provided in multiple languages, the English version shall prevail in the event of any conflict or inconsistency.
19. Entire Agreement
This document constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations, whether written or oral.