TrendShift OÜ Terms and conditions 
Effective from 9th of May 2023

This Terms and Conditions (the Terms) constitute a legally binding agreement regulating relationship between the User and TrendShift OÜ (the ‘TrendShift’, ‘we’, ‘us’, ‘our’), a private limited company registered in the Republic of Estonia (registry code 16693465), located at Viru väljak 2 Tallinn 10111 Estonia, contact support@trendshiftpro.com, and owner of the website https://www.trendshiftpro.com (the Webpage).

All users that purchase TrendShift subscription or apply our Webpage (the “User” or “you”) will need to agree with all our terms of use. Deviations from these terms and conditions is possible only by means of written confirmation of TrendShift.

Article 1. The indicator
TrendShift is a virtual currency trading indicator that signals changes in trend direction and supplies precise entries and exits, using risk management and back-testing tools to test various strategies, equipped with built-in and customizable optimizations for different trading instruments (the Indicator).

Article 2. Use of the Indicator

• 1. To use the TrendShift Indicator, you must first subscribe to any of our plans as described in Article 5 of this Terms. 

• 2. After the subscription purchase, you will be given access to the invite-only script on TradingView ® (https://www.tradingview.com). Tradingview® will send you a notification once we add you.

• 3. After receiving the notification from TradingView®, you can directly use the Indicator on the TradingView ® webpage (https://www.tradingview.com) by simply clicking on Charts -> Indicators -> Invite only scripts-> TrendShift.

• 4. Access to the subscribed plan is secured against third parties using your TradingView® account. You must keep the password to it strictly confidential. TrendShift may assume that all actions undertaken from your account after logging in to TradingView® with your email address or any other available method are authorized and supervised by you. This means you are liable for these actions unless you notify TrendShift that someone else knows your password.

Article 3. Terms of use

• 1.    It is not permitted to use TrendShift for any purpose that violates Estonian or other applicable law or regulation. 

• 2.    Should TrendShift discover that you violate law, or receive a complaint alleging the same, then TrendShift may intervene to end the violation.

• 3.    If in the opinion of TrendShift the continued functioning of the computer systems or network of TrendShift or third parties is actually or under threat of being damaged or jeopardized, for example through leaks of personal data or virus activity, TrendShift may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.

• 4.    TrendShift is at all times entitled to file a criminal complaint for any offenses committed through or using the Indicator.

• 5.    TrendShift may recoup from you all damages it suffers as a result of your violation of these Terms of use. You agree and hold harmless TrendShift from all third-party claims arising out of your violation of these Terms.

Article 4. Availability and maintenance

• 1.    TrendShift uses its best efforts to have the Indicator available at all times but makes no guarantees about uninterrupted availability.

• 2.    TrendShift actively maintains its Indicator and Webpage. Maintenance can take place at any time, even if this may negatively impact the availability of the Indicator or Webpage. Maintenance is announced in advance whenever possible.

• 3.    TrendShift may from time to time adapt the Indicator. Your feedback and suggestions are welcome but ultimately TrendShift decides which adaptations to carry out (or not).

Article 5. Intellectual property

• 1.    The Indicator of TrendShift, the accompanying software as well as all information and images on the Website is the intellectual property of TrendShift. None of these items may be copied or used without our prior written permission, except and to the extent permitted by mandatory law.

• 2.    Information you process using the Indicator is and remains your property.

• 3.    If you send information to TrendShift, for example a bug report or suggestion for improvement, you grant TrendShift a perpetual and unlimited license to use this information for the Indicator. This does not apply to information you expressly mark as confidential.

Article 6. Fee for the Indicator

• 1.    Currently, Trendshift provides three subscribtion plans:

• TrendShift Pro with lifetime access and the benefit of early availability of new products for a one-time payment of $2000

• TrendShift Pro with advanced optimization options for trading Bitcoin, altcoins, and equities, Customizable options, back-testing utility, automation tools, and premium Discord Access (providing access to the trading community, 24/7 support, official trading journal, and discord alert bots) for $100 monthly.

• Vol-IQ - ideal for professionals for its advanced Bitcoin trading algorithm, complete automation, and extensive back-testing data available for $2500 per quarter.

• 2.    Fee for the chosen subscription may be paid directly from the TrendShift’s Website.

• 3.    Accepted Payment Methods are a. Credit/Debit Cards: We accept major credit and debit cards, including Visa, Mastercard, American Express, Discover and UnionPay. b. crypto currency: Bitcoin, USD Coin, Dai, Ethereum, Litecoin, Tether.

• 4.    All transactions in fiat on our website, https://www.trendshiftpro.com, are processed in the USD. If you are making a purchase from a different country or using a different currency, your payment will be converted to the appropriate currency based on the prevailing exchange rates at the time of purchase. Please note that additional fees may apply for currency conversion.

• 5.    After payment with crypto you shall submit the signup form to get access to the Indicator. Ensure that the same email is used for the payment and signup form. 

Article 7. Limitation of liability

• 1.    TrendShift in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

• 2.    Damages may only be claimed if reported in writing to TrendShift at most two months after discovery.

• 3.    TrendShift’s Indicator is educational, research, information and analytics tool on cryptocurrency and does not offer trade advice or help Users trade. TrendShift does not guarantee the accuracy or completeness of the Indicator and shall not be liable for any loss or damage resulting from any investment made based on the information provided in the Indicator.

Article 8. Terms
This agreement enters into force as soon as you subscribe to the Indicator and then remains in force for a period depending on the validity of the particular subscription.

Article 9.  Refund Policy

• 1.    All Sales are final: We have a strict no refund policy for purchases made on TrendShift. Once a purchase is made, it is considered final and non-refundable.

• 2.    We strive to ensure that our website provides accurate and comprehensive product descriptions. It is important for you to carefully review the product information, features, and specifications before making a purchase. If you have any inquiries or uncertainties regarding a product, we highly recommend reaching out to us for clarification before finalizing your purchase. We are here to assist you and address any concerns you may have.

• 3.    Any unauthorized use, abuse, or violation of our terms and conditions, including attempts to circumvent our policies, may result in the cancellation of your access without refund.

Article 10. Geographical limitations

• 1.    Our indicator may be subject to geographical restrictions. We strive to make our products and services accessible to customers worldwide, but there may be certain regions or countries where our offerings are not available due to legal, regulatory, or logistical limitations. The availability of products and services may vary depending on your location.

• 2.    It is your responsibility as the customer to ensure that your purchase and use of our products and services comply with the laws and regulations of your country or region. We do not guarantee that our products and services are suitable or legal for use in all locations. It is recommended that you review the applicable laws and regulations in your jurisdiction before making a purchase.

Article 11. PRIVACY AND PROTECTION OF PERSONAL DATA  

• 1. You agree that the TrendShift collects, processes and uses Users' personal data in accordance with the rules set out in our Privacy Policy. You can learn more about your personal data collection here: Link to the Privacy Policy

• 2. Your personal data provided to the TrendShift is confidential and protected by us.

• 3. TrendShift, in cases where the law requires it, as well as in other cases specified in the Privacy Policy, has the right to disclose or transfer the User's’personal data.

Article 12. Miscellaneous provisions  

• 12.1. Amendments  

• 12.1.1. TrendShift has the unilateral right to revise, supplement, or in any other way amend these Terms. The corresponding amendments come into force at the moment of publication of the updated (modified) version of the Terms on the Webpage.  

• 9.1.2. The User shall check the effective Terms regularly in order to timely familiarize himself/herself with the amendments made and is obliged to stop using the Platform in case of disagreement with the updated version of the Terms.  

• 12.1.3. To increase the awareness of Users, TrendShift will notify about the amendments made or planned to be made to these Terms if TrendShift reasonably believes such amendments will have a significant effect on the User’s rights and obligations arising out of these Terms.  

• 12.2. Third-Party Resources and Promotion

• The Webpage may contain references or links to third-party resources, including (but not limited to)  information, materials, products, or Indicators out of TrendShift ownership and control. In addition, third  parties may offer promotions related to User’s access and use of the TrendShift’s Indicators and Webpage. TrendShift does not endorse or assume any responsibility for any such third-party resources or promotions. If you access any such  resources or participate in any such promotions, you do so at your own risk, and you understand that  this Terms does not apply to your dealings or relationships with any third parties. You expressly relieve  TrendShift of any and all liability arising from your use of any such resources or participation in any such  promotions.  

• 12.3. Applicable Law and Dispute Resolution 

• 12.3.1. These Terms and relations arising out of Terms are governed by and construed in accordance with the  laws of Republic of Estonia. 

• 12.3.2. Any dispute or claim arising out of these Terms shall be firstly forwarded to resolution by way of  negotiations between the TrendShift and the User. In order to start resolution of dispute by way of  negotiations User has to send a written notice to TrendShift by email support@trendshiftpro.com. In such a notice  User must indicate own name, surname, contact address, description of circumstances. 

• 12.3.3. If a dispute was not resolved by way of negotiations, the User shall have the right to refer the dispute  arising out of or in connection with this Terms, including any question regarding its existence, validity or  termination, to a county court for resolution in accordance with the legislation in force in the Republic of  Estonia. 

• 12.4. Complaints and Notices  

• 12.4.1. All notifications under this Terms must be in writing and sent by email.

• 12.4.2. For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the TrendShift Indicator shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

• 12.4.3. TrendShift will review and answer to your request in 30 days after its submission. 

• 9.4.3. The version of any communication of information as recorded by TrendShift shall be deemed to be authentic, unless you supply proof to the contrary.

• 12.4.4. Any notification for the User/-s which does not contain any personal, confidential, other sensitive or  private data may be published on the Webpage.  

• 12.5. Interpretation  

• 12.5.1. Headings of sections and subsections are used in the text of this Terms for reference purposes only  and shall not affect the legal interpretation of the relevant sections, subsections and clauses contained  therein, do not define, or explain their content, and are not legally binding.  

• 12.5.2. These Terms are originally made in English and may be translated to another language for the    convenience of the Users. Such translation shall not be legally binding, and the English version of the  Terms must prevail.  

• 12.6. Severability  

• If any provision or part thereof of this Terms is held to be invalid, illegal, or unenforceable, the unlawful  provision will be severed and the remaining provisions will remain valid in full force and effect, provided  that the material intent of this Terms is not altered. 

• 12.7. Entire Agreement  

• These Terms and any documents incorporated by reference, all as may be amended from time to time,  represents the entire understanding between the User and TrendShift on the subject matter and  supersedes all prior agreements.

• 12.8. Transfer of rights

• TrendShift is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of TrendShift or the associated business activities.