Terms and Conditions


Last Updated: 09/08/2024


Please read these terms and conditions carefully before using Our Service.


Interpretation and Definitions

Interpretation

The words with the initial letter capitalized have meanings defined under the following conditions. These definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Country refers to: Albania
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Market Movements, Tirana Garden Building, Tirana, Albania.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
  • Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
  • Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
  • Service refers to the Website.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • Website refers to Market Movements, accessible from https://focusprojectsoft.com.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.


Subscriptions

Subscription Period

Certain parts of the Service are accessible only through a paid Subscription. You will be billed in advance on a recurring and periodic basis (e.g., daily, weekly, monthly, or annually), depending on the Subscription plan you select at the time of purchase.

Your Subscription will automatically renew at the end of each period under the same terms unless you or the Company cancel it.

Subscription Cancellations

You can cancel your Subscription renewal either through your Account settings or by contacting the Company directly. No refunds will be issued for fees already paid for the current Subscription period, and you will retain access to the Service until the end of the current period.

Billing

You must provide accurate and complete billing information, including your full name, address, state, zip code, telephone number, and a valid payment method.

If automatic billing fails for any reason, the Company will send you an electronic invoice, and you must manually complete the payment by the specified deadline.

Fee Changes

The Company reserves the right to modify Subscription fees at any time and at its sole discretion. Any changes to Subscription fees will take effect at the end of the current Subscription period.

You will receive reasonable advance notice of any fee changes, allowing you the opportunity to cancel your Subscription before the new fees take effect.

Continuing to use the Service after the fee change becomes effective indicates your acceptance of the new Subscription fee.

Refunds

Except as required by law, Subscription fees are non-refundable.

Refund requests may be considered by the Company on a case-by-case basis and may be granted at the Company's sole discretion.


Promotions

Any Promotions made available through the Service may be governed by separate rules from these Terms.

If you choose to participate in any Promotions, please review the applicable rules along with our Privacy Policy. In the event of a conflict between the rules of a Promotion and these Terms, the Promotion rules will take precedence.


User Accounts

When you create an account with us, you must provide accurate, complete, and up-to-date information at all times. Failure to do so constitutes a breach of these Terms and may result in the immediate termination of your account.

You are responsible for safeguarding the password you use to access the Service and for any activities or actions conducted under your password, whether it is with our Service or a Third-Party Social Media Service.

You agree not to disclose your password to any third party. You must notify us immediately if you become aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to the rights of another person or entity without proper authorization, or a name that is offensive, vulgar, or obscene.


Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person.

If you are a copyright owner, or are authorized to act on behalf of one, and believe that a copyrighted work has been copied in a manner that constitutes copyright infringement through the Service, please submit your notice in writing to our copyright agent via email at [email protected]. Your notice should include a detailed description of the alleged infringement.

Please be aware that you may be held liable for damages (including costs and attorneys' fees) if you falsely claim that any Content is infringing on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may file a notification under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) where the copyrighted work is located, or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material you claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at [email protected]. Upon receiving a valid notification, the Company will take appropriate action, which may include removing the infringing content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by you or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both domestic and international jurisdictions.

Our trademarks and trade dress may not be used in connection with any product or service without prior written consent from the Company.

Your Feedback to Us

Any Feedback you provide to the Company is automatically assigned to the Company, including all rights, title, and interest in the Feedback. If such assignment is not effective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you visit.


Termination

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Service.


Limitation of Liability

Regardless of any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you through the Service or 100 USD if you haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, business interruption, personal injury, loss of privacy, or any other damages) arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE," with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise out of course of dealing, performance, usage, or trade practice. Without limitation, the Company provides no warranty or undertaking and makes no representation that the Service will meet your requirements, achieve any intended results, be compatible with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. However, in such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflict of law rules, shall govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Federal Government End Use Provisions

If you are a U.S. federal government end user, our Service is classified as a "Commercial Item" as defined in 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.


Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified and interpreted to achieve the objectives of the original provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.


Contact Us

If you have any questions about these Terms and Conditions, you can contact us: