FLY FX Terms of Use

For the purposes of these Terms, the term “FLY FX Data” includes:

1. All currency data, information feeds, software, media, documentation, printed materials, and/or electronic documentation provided by FLY FX or its affiliates
2. Any other software, data, documents, or services provided by FLY FX or its affiliates to enable the use of such data.

In the event that FLY FX makes material changes to these Terms that significantly reduce your rights or increase your responsibilities, FLY FX will notify you via email at least 30 days in advance. If you are dissatisfied with these changes or any aspect of FLY FX’s terms, policies, or practices, your sole recourse is to cease accessing or using the FLY FX Data.

SECTION 1 – ACCESS AND USE

1.1 Service Description.

FLY FX is a specialized platform for comprehensive currency analysis. It offers advanced tools, real-time updates, and detailed charts to provide in-depth insights into the global currency markets.

1.2 Grant of Access.

In exchange for your adherence to the rights and obligations outlined in these Terms, FLY FX provides you with a non-transferable, non-exclusive, revocable, limited license to access and use the FLY FX Data throughout the term of your Subscription Plan. This access is granted only for the limited purposes specified in these Terms (the "FLY FX Data License").

1.3 License Scope.

Provided you comply with these Terms (including all restrictions outlined in Section 2 and other relevant sections), you are authorized to use the FLY FX Data exclusively for the purposes outlined in your chosen Subscription Plan, as detailed in these Terms.

1.4 Account Registration.

To access the FLY FX Data, you must create an account by providing a valid email address as your username and setting up a password (your "Account"). Once registered, you can log in to your FLY FX dashboard ("Dashboard") to manage your Account and Subscription Plans. We will handle all personal information provided by you in accordance with our confidentiality obligations and as described in our Privacy Notice, available on our website.

SECTION 2 – USE OF LICENSE

2.1 Restrictions.

You are prohibited from doing any of the following unless specifically authorized under these Terms or explicitly permitted in writing by FLY FX:

1. reproduce, copy, modify, distribute, market, display, transfer, sublicense, assign, create derivative works or adaptations, sell, exchange, barter, rent, lease, loan, time-share, resell, or otherwise exploit the FLY FX Data in any manner;
2. make the FLY FX Data available to unauthorized parties or distribute it in any public forum such as print, newsletters, radio, television, or the internet for any ulterior purpose;
3. remove, alter, or obscure any notices regarding FLY FX’s intellectual property rights, including copyrights, trademarks, and patents on the FLY FX Data;
4. disassemble, reverse engineer, decompile, or otherwise manipulate the FLY FX Data;
5. knowingly cause or allow any action that would harm or violate the intellectual property rights of FLY FX in the FLY FX Data;
6. challenge or dispute the ownership, validity, or enforceability of FLY FX’s intellectual property rights in the FLY FX Data, or assist others in doing so;
7. use or allow others to use the FLY FX Data for trading securities, especially by professional traders;
8. through your use of the FLY FX Data, knowingly act in a way that would harm or damage the reputation or goodwill of FLY FX;
9. attempt to claim, use, or apply to register any trademarks, trade names, copyrights, or designs identical or confusingly similar to those of FLY FX;
10. use, store, or access any FLY FX Data after the termination of these Terms;
11. use or allow others to market, distribute, or export the FLY FX Data;
12. use the FLY FX Data in any way or for any purpose that violates applicable laws, regulations, or the rights of others.

2.2 Your Duty to Protect.

You are responsible for taking all necessary steps to safeguard the FLY FX Data to prevent unauthorized reproduction, publication, modification, distribution, or any other use of the FLY FX Data, in whole or in part. If you become aware of any unauthorized use, you must immediately notify FLY FX by emailing mailto:support@flyfx.ng

2.3 Misuse of the FLY FX Data.

If you or any individuals who access your Account misuse the FLY FX Data in violation of these Terms, FLY FX has the right to terminate your Subscription Plan and access to the FLY FX Data. Additionally, you will be held liable for any damages that FLY FX suffers as a result, and you agree to indemnify FLY FX for these damages, including interest at the maximum rate allowed by law, along with all legal fees and expenses incurred in enforcing these rights.

2.4 Account and Password Security.

You are responsible for all activities conducted through your Account. By granting others access to your Account, you agree that any actions taken by those individuals are considered as if they were taken by you, and you are bound by any modifications they make, including changes to the Subscription Plan. To maintain control over your Account and prevent unauthorized access, you should ensure that only authorized devices can access the FLY FX Data. You must also keep your account details, including a valid email address for account notifications, up to date.

SECTION 3 – TERM AND TERMINATION

3.1 Subscription Term.

Your Subscription Plan and any applicable free trial period will begin upon acceptance of these Terms and will continue until the end of the applicable term, unless terminated earlier as outlined in these Terms. Your Subscription Plan will automatically renew for subsequent periods (either monthly or annually) unless you cancel before the next billing cycle begins.

3.2 FLY FX’s Right to Terminate.

FLY FX may terminate or restrict your access to the FLY FX Data at any time if you breach these Terms, engage in illegal or fraudulent use of the FLY FX Data, or if such action is necessary to protect FLY FX, its partners, or others from fraudulent activities or to comply with legal requirements. If FLY FX chooses to terminate or restrict access without cause, we will attempt to notify you in advance.

3.3 Your Right to Terminate.

You may cancel your Subscription Plan at any time. If you do, you will retain access to the FLY FX Data until the end of your billing period. Unless required by law, payments are non-refundable, and no refunds or credits will be provided for partial Subscription Plan periods.

SECTION 4 – SUBSCRIPTION PLANS AND FEES

4.1 Subscription Plans.

FLY FX provides various subscription plans tailored to meet your currency data needs. The details, pricing, and inclusions of the available plans will be displayed on the Dashboard ("Subscription Plan"). FLY FX offers both paid and free Subscription Plans. After signing up for the relevant Subscription Plan, the specifics of your chosen plan will appear on your Account.

4.2 Subscription Fees.

Once your free trial period has expired, you are required to pay FLY FX a non-refundable subscription fee either on a monthly or annual basis, depending on your selected plan ("Subscription Fee"). Unless you cancel your Subscription Plan before the start of the next billing cycle, you authorize us to charge the next Subscription Fee to the payment method linked to your Account.

4.3 Free Trial.

FLY FX provides a one-day free trial of the FLY FX Data upon initial onboarding. This trial is available exclusively to first-time users of the FLY FX Insights Currency Data. For more details, please refer to the Dashboard.

4.4 Fee Increases.

FLY FX reserves the right to adjust the Subscription Fees at the end of your billing cycle, whether monthly or annually. We will inform you of any fee increase at least 30 days before your next billing cycle begins. If you disagree with the increase in Subscription Fees, you may choose to cancel your plan before the new billing cycle starts.

SECTION 5 – SERVICES AND DATA

5.1 Responsibility for Software and Hardware.

You are solely responsible for obtaining and maintaining the necessary software, hardware, and internet services required to access the FLY FX Data. This includes, but is not limited to, telecommunication services, internet connections, ISPs, web browsers, and other necessary equipment and software.

5.2 Inaccessibility or Inoperability of Services.

You acknowledge that there may be times when the FLY FX Data becomes inaccessible or inoperable for reasons beyond FLY FX's control, such as:

1. hardware malfunctions;
2. software issues;
3. routine maintenance or repairs that FLY FX may perform periodically; or
4. events that are beyond FLY FX's reasonable control and are not foreseeable.

5.3 Changes to Content or Format.

FLY FX may, at its discretion, update or modify the content or format of the FLY FX Data to:

1. improve the quality or delivery of services;
2. enhance the competitiveness or marketability of FLY FX services;
3. improve cost efficiency or performance; or
4. comply with legal requirements. While FLY FX will strive to provide advance notice of such changes, it is not always possible to give significant notice due to the dynamic nature of financial markets and currency data changes.

5.5 Cancellation.

To change or cancel your Subscription Plan, simply sign in to your Account and follow the cancellation instructions. You are free to cancel your Subscription Plan at any time.

5.6 Cancellation of Monthly Subscription Plans.

When you cancel a monthly Subscription Plan, all future charges will be halted, and your cancellation will take effect at the end of the current monthly billing period. No refunds will be issued, but you will retain access to the service until the end of the current month.

5.7 Cancellation of Annual Subscription Plans.

If you cancel an annual Subscription Plan, the cancellation will be effective at the end of the current annual billing period. No refunds or prorated credits will be given for any portion of the year, but you will continue to have access to the service until the conclusion of the current billing cycle.

SECTION 6 – PROPRIETARY RIGHTS

6.1 Licensed Use, Not Sale.

The use of FLY FX Data is licensed to you, not sold.

6.2 Consent for Information Collection and Use.

In the course of providing the FLY FX Data, FLY FX may collect personal information such as your full name and email address. This information is similar to what is collected by standard web servers during a web request. Please refer to FLY FX’s Privacy Notice for further details. By agreeing to these Terms, you consent to the collection, use, retention, and disclosure of your information as outlined in the Privacy Notice.

6.3 No Transfer of Ownership.

You acknowledge that FLY FX retains all ownership rights, including copyrights, to the FLY FX Data, and you agree not to engage in any activities that could undermine these rights.

SECTION 7 – DISCLAIMER OF WARRANTIES AND LIABILITIES

7.1 Good Faith Provision.

FLY FX provides the FLY FX Data in good faith, and while FLY FX makes reasonable efforts to ensure the accuracy and reliability of the data, it does not guarantee or warrant:

1. the precision, authenticity, timeliness, dependability, appropriateness, correct sequencing, or completeness of the FLY FX Data; or
2. that the FLY FX Data is free from errors or defects.

7.2 No Liability Assumed.

FLY FX does not assume any responsibility for how you (or any users accessing your Account) use the FLY FX Data.

7.3 Disclaimer of Warranties.

The FLY FX Data is provided “as is” and “as available,” with no warranties of any kind. FLY FX, along with its affiliates, agents, suppliers, officers, directors, and employees, explicitly disclaims any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. Under no circumstances will FLY FX be liable for indirect, special, punitive, or consequential damages, including but not limited to lost profits or data. If any of the limitations or disclaimers in this section are deemed ineffective by a court of competent jurisdiction, the parties agree that FLY FX’s total liability to you and all users of your Account, regardless of the legal basis (contract, tort, strict liability, etc.), will not exceed the total Subscription Fees you paid during the preceding twelve (12) months for the FLY FX Data license.

7.4 Nature of Data and Non-Affiliation with Financial Institutions.

You acknowledge that FLY FX is not a financial institution or a provider of financial data feeds, and it obtains financial data, including the FLY FX Data, from various sources. Financial data can vary across institutions and regions, particularly for non-major or exotic currencies, and may differ from the data provided by FLY FX. Although FLY FX strives to provide accurate and timely data from these sources, it makes no representations or warranties regarding the accuracy, timeliness, reliability, or completeness of the FLY FX Data. You also acknowledge that the FLY FX Data does not constitute financial, investment, legal, or tax advice. You should seek independent professional guidance before making decisions related to these areas.

7.5 No Guarantee of Uninterrupted Service.

FLY FX does not warrant that the FLY FX Data will be continuous or error-free, nor does it guarantee that any errors will be corrected.

7.6 Limitation of Liability.

In no event will FLY FX, its affiliates, or any of their data providers be liable to you or any users accessing your Account for interruptions, delays, inoperability, inaccuracies, or omissions in the FLY FX Data, regardless of the cause, or for any resulting losses, damages, liabilities, or expenses. This applies even if FLY FX was aware or should have been aware of the potential for such issues.

7.7 Fairness of Liability Limitations.

You represent that the liability limitations outlined in these Terms are fair and reasonable, considering the nature of the Terms. These limitations were a factor in FLY FX’s decision to enter into the agreement and in calculating the Subscription Fee, which would not have been agreed upon without such limitations.

7.8 Indemnification by You.

You agree to indemnify, defend, and hold harmless FLY FX, its affiliates, subsidiaries, and their officers, directors, employees, and agents from any loss, damage, liability, or expense (including reasonable attorneys' fees) resulting from:

1. any actions or omissions by you or anyone associated with you in relation to these Terms and/or the FLY FX Data (including any use or reliance on the data by users accessing your Account); and
2. any failure to fulfill, breach, or misrepresentation of any obligations under these Terms.

SECTION 8 – GENERAL PROVISIONS

8.1 Complete Agreement.

These Terms, together with FLY FX’s Privacy Notice (which can be accessed here: [FLY FX - Privacy Policy]), represent the full and final agreement between the parties and replace any prior oral or written agreements related to the subject matter.

8.2 Modifications.

Given the evolving nature of FLY FX’s data suppliers and partner relationships, FLY FX reserves the right to modify these Terms and any referenced documents (including our Privacy Notice) at its sole discretion. These amendments will be posted on the FLY FX Help Centre (available here: [FLY FX - Terms of Use]). By continuing to use the FLY FX Data, you consent to the updated Terms.

8.3 Headings.

The section titles in these Terms are included solely for convenience and do not form part of the actual agreement. They are not intended to fully or accurately describe the content of the sections.

8.4 Gender.

Unless the context indicates otherwise, the terms used in these Terms are meant to include all genders, whether masculine, feminine, or neutral.

8.5 Severability.

If any provision in these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision will be removed to the extent necessary, and the remaining provisions will continue in effect to give effect to the parties' original intent.

8.6 Waiver.

Any waiver of rights or failure by FLY FX to enforce any right or provision in these Terms does not constitute a waiver of future enforcement of that right or any other right under these Terms.

8.7 Governing Law.

These Terms shall be governed by and construed under the laws of Nigeria, without regard to conflict-of-law principles. All rights and remedies available under these Terms or by law are cumulative and can be exercised independently or together. The parties agree to submit to the exclusive jurisdiction of the courts in Lagos, Nigeria.

8.8 Exclusion of Sale of Goods Provisions.

You acknowledge that these Terms are not governed by the UN Convention on Contracts for the International Sale of Goods or the International Sale of Goods Act, as amended. Furthermore, the provisions of the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms. If UCITA were to apply, both parties opt out of its applicability.

8.9 Delayed Performance.

Unless explicitly stated otherwise, if FLY FX is unable to meet any deadlines or performance requirements due to circumstances beyond its reasonable control, those deadlines will be extended for the duration of the delay.

8.10 Independent Legal Advice.

You acknowledge that you have had the opportunity to seek independent legal advice regarding these Terms and understand their implications, even if you choose not to consult a lawyer.