Terms & Conditions
1. Agreement 2
2. Disclaimer 2
3. No Investment Recommendations or Professional Advice 3
4. Copyright, Linking Policy and Trademarks 3
5. Third-party content and tools 3
6. User Conduct 4
7. Termination 5
8. Additional Terms that apply to Whitebox Software paid subscriptions 5
8.1 Term 5
8.2 Fees, invoicing & payment 5
8.3 Availability and support 6
8.4 Termination & suspension 6
9. Personal data and privacy 6
10. Force majeure 7
11. Transfer of rights 7
12. Survival 7
13. Severability 7
14. Applicable Law 7
15. Entire agreement & interpretation 8
Whitebox Software Ltd. ("Whitebox Software" "we," or "us") provides its Services via https://whitebox.so together with all other materials (or websites, mobile applications and services operated by or on behalf of Whitebox Software, Ltd., the "Site"), to you, an individual user ("you") for your individual usage, subject to compliance with the terms and conditions set forth herein.
By using our Service and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Service, without limitation.
Please read these Terms & Conditions carefully before accessing or using our Service. By accessing or using any part of the Service, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Any new features or tools, which may be added to, the current Service shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.
You affirm that you are at least the age of majority in your country, state or province of residence, as the Service is not intended for minors. If it comes to Whitebox Software's attention through reliable means that a registered user is a minor, Whitebox Software may cancel that user's account.
You understand that no outcome obtained by use of the Service constitutes a recommendation that any particular investment is suitable or recommended. You further understand that the service is not advising you concerning the nature, potential, value or suitability of any investment or other matter. You understand that investment is subject to a number of risks and that the Service does not mention any risk factors.
You understand that the Service is using performance data supplied by sources outside the Service and not guaranteed by the Service. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Whitebox Software, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
The Service is being provided for information purposes only. The Service does not provide tax, legal, insurance or investment advice, and nothing should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any investment by Whitebox Software or any third party. You alone are solely responsible for determining whether any investment is appropriate or suitable for you based on your investment objectives and personal and financial situation and for evaluating the merits and risks associated with the use of the Service before making any decisions. You should consult an attorney or tax professional regarding your specific legal or tax situation.
No recommendation or advice is being given as to whether any investment is suitable for a particular investor. It should not be assumed that any investment will be profitable. Whitebox Software is not a fiduciary by virtue of any person’s use of or access to the Service. Whitebox Software is not a licensed securities dealer, broker or investment adviser or investment bank.
The Service and its content, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links), third-party apps, and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein are the property of Whitebox Software and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. Whitebox Software reserves all rights not expressly granted in and to the Service.
We may provide you with access to third-party tools which we neither monitor nor have any control or input over.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of third-party tools is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
You may not use, copy, display, sell, licence, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit the Service to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission.
The use of the Service other than for your own personal, noncommercial use is a violation of our copyright and other proprietary rights and can subject you to legal liability.
In addition, in connection with your use of the Service you agree not to:
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Service and the content made available therein.
In order to access the Service, you will have to create an account. By creating this account you agree to the following:
Whitebox Software has the right to terminate your access to the Service, at its sole discretion.
Whitebox Software respects the intellectual property of others, and we ask our users to do the same. Whitebox Software may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
You understand and agree that Whitebox Software may, without prior notice to you, terminate your access to and use of the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the terms & conditions or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) violations of third party copyrights or other intellectual property.
The duration of any paid subscription (the “Term”), beginning on the date of purchase of the paid subscription until the last day of the term. The Term is as agreed upon purchase and is displayed on your account page. Your subscription is typically automatically renewed at the end of the Term unless either party provides notice of termination either through your Subscription page on the website or via email before the end of the Term to the other party. Emails to Whitebox Software are to be directed to firstname.lastname@example.org.
The standard charges for the Whitebox Software paid subscription and the services are based on the subscription plan and version chosen by the Customer.
Customers will be billed at the beginning of each Term. Fees are chargeable and shall be payable until the end of the current Term upon cancellation of the subscription or termination of the customer account, even if you never use Whitebox Software. There will be no refund or credit for any part of a Term.
All fees and charges are exclusive of all applicable federal, provincial, state, local or other governmental taxes, fees or charges (collectively, “Taxes”). The Customer is responsible for paying all Taxes associated with purchases made by the Customer under this Agreement, except when Whitebox Software is legally obliged to pay or collect Taxes for which the Customer is responsible.
By subscribing to Whitebox Software subscription products (the “Subscription”), you agree to pay the applicable Subscription fees set forth on the Site. Whitebox Software reserves the right to revise Subscription fees upon reasonable notice.
We remind you that all the rules applicable to setting up an account under Section 6 above (entitled, "User Conduct") apply to your Subscriptions.
We will endeavour to make Whitebox Software available to the Customer and Users without interruption. Some unavailability of the tool is to be expected during maintenance or upgrade activities of which we will endeavour to notify the customer in advance, however, we shall not be liable for the simple fact that for any reason Whitebox Software is unavailable at any time or for any period.
We may suspend access to your account temporarily and without notice in the case of system failure, maintenance or repair or due to a Force Majeure Event (defined below).
We reserve the right to terminate your account if you fail to provide payment of any outstanding fees.
We may terminate your account immediately by giving you notice if your account is used to commit any breach of these Customer Terms & Conditions or the obligation to execute any and all contracts in good faith.
We may terminate these Customer Terms & Conditions for any other reason upon giving you 30 days' notice.
Termination of these Customer Terms & Conditions for any reason shall not affect the accrued rights of the parties arising under these Customer Terms & Conditions and all rights which by their nature should survive the expiry or termination of these Customer Terms & Conditions shall remain in full force and effect.
If we suspect that your account has been compromised, we reserve the right to suspend the account immediately. We will inform you of the event as soon as possible and will contact you to resolve any issue if possible.
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to: (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters; (iv) impossibility of the use of public or private telecommunications networks or the serious disruption thereof; (v) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance of our obligations shall be deemed to be suspended for the period that the Force Majeure Event continues. We will use our reasonable endeavours to bring the Force Majeure Event to an end or to find a solution by which our obligations under these Customer Terms & Conditions may be performed despite the Force Majeure Event.
In case of any consolidation or merger of Whitebox Software with or into another corporation (other than consolidation or merger in which Whitebox Software is the continuing corporation), or in case of any sale or conveyance to another corporation of the property of Whitebox Software, as substantially as, an entirety (other than a sale/leaseback, mortgage or other financing transaction), or any change of name or other transfer of securities of Whitebox Software resulting in a change of control (voting, management, board or otherwise) of Whitebox Software, the terms and provisions of this Agreement shall remain effective in relation to Whitebox Software, or its legal successors, subsidiaries and affiliates.
Upon the expiration or other termination of this Agreement, the respective rights and obligations of the parties hereto shall survive such expiration or other termination to the extent necessary to carry out the intentions of the parties under this Agreement.
If any provision of these terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions.
The terms and use of the Services will be governed and construed in accordance with the laws of the United Kingdom. You and Whitebox Software agree to submit to the personal and exclusive jurisdiction of London and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
These terms, together with all Whitebox Software policies referred to herein, constitute the entire agreement between you and Whitebox Software relating to your use of our Services.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
Updated: Sept 28, 2022