CHASING RETURNS LIMITED TERMS AND CONDITIONS

The website is made available to you by Chasing Returns Limited, a private company limited by shares, incorporated in Ireland (the “Company”, “we” or “us”). Before using www.chasingreturns.com (the “Website” or the “Platform”) and/or any of the services provided to you by the Company (the “Service”) you should carefully read, understand and confirm your acceptance of the important information provided below in these terms and conditions (the “Terms”). Your continued use of the Website indicates your acceptance of the Terms. If you do not accept the Terms, please do not continue to use the Website / Service. By entering your details (to include, but not limited to name, email, password, phone number) on the Website or making any other use of the Service, you are agreeing to open an account and to be bound by the Terms.

1. The Service

We do not give investment advice to you and only you decide whether you want to trade or not. The Service provided by the Company under the Terms does not constitute the provision of financial / investment recommendations.

We provide you with insights in respect of your trading strengths and weaknesses to help you better understand your trading performance. The Company does not provide individual recommendations on any investment and any advice taken from third party advisers on foot of the information provided via the Service or the Website will be separate to the Terms and will not form part of any legally binding arrangement between you and the Company. You acknowledge that the Service and information that the Service relies upon is dependent on information from third party service providers and you agree that we are not responsible for the non-availability, delays, failures or interruption affecting the Service or the performance of the Service caused by any such third party service providers or errors or bugs in software, hardware or the internet on which the Service relies.

We help traders organise and analyse their trade performance and investment data in a smarter way with the goal of facilitating improved investing. For the Services provided (as defined), you agree to pay us a subscription fee per month in accordance with Term 2 below.

We reserve the right to refuse to deliver any of the Service (including but not limited to the below) to you in our sole and absolute discretion. We hereby grant a non-exclusive, non-transferable, personal and nonsub-licensable license to permit you to use the Service pursuant to the Terms.

Furthermore, we reserve the right to change any of the Terms from time to time either in part or in their entirety without receiving further consent from you by giving you reasonable notice of change. Such changes to the Terms may be necessitated by changes to the Service / Website or for any other reason at the sole discretion of the Company.

Registering and account opening

Your Chasing Returns account is opened once you input personal information about yourself into the Website (including but not limited to name, email, password, phone number). As per GDPR, we will ask your permission about how we can contact you in the future. Upon registration, and in order to use the Service, you will be required to upload your trade history information from recognised brokers, install an add-in to your trading platform to facilitate automatic uploading, or provide API keys from your broker to allow us to automatically synchronise your trading history.

Chasing Returns Platform

Your records will be kept in the Chasing Returns Platform which is designed for ease of use and keeping accurate up-to-date information regarding your trades to give you an insight into your strengths and weaknesses and help you better understand your trading performance.

The analytics information will be presented to you via our Website which is designed to help you understand your trading performance. The information therein is not advice, should not be relied upon and no liability shall attach to the Company in respect of same. Please note that while we will always strive to ensure the accuracy of the information we provide you, we are unable to guarantee the accuracy of the information provided by third parties in relation to your investments or any other third party information we provide you on the Platform. Accordingly, we do not accept liability for any mistakes or inaccuracy of information provided about your investments presented on the Platform.

2. Fees

The price of the Service shall be as notified to you by the Company from time to time.

Please note that registering does not guarantee that you will be able to use any part of the Service, unfettered. There may be occasions where we are not able to offer the Service to you. Further note, that payment of the fees and upgrading to a premium account does not guarantee full use of the Service at all times. Refunds shall not be available in any circumstances.

3. Communication and account monitoring

Following registration, you can access your account by logging in with your email and password. You acknowledge that the Service may be interrupted from time to time and that we are not liable for any disruption to the Service or if for some reason you cannot access your account on demand.

You acknowledge and agree that the Service is provided exclusively online and therefore most of our communication with you will be over the internet, including email. It is important to make sure at all times that the email details you provide are up to date and correct as the emails may contain personal information about you. You will receive a confirmation email once you have registered, please contact us immediately if there is something in our communication that is incorrect. By using the Service, you acknowledge and agree that the Company is unable to guarantee that communications between you and the Company are secure and by agreeing to accept any of the Service you accept these risks and will not hold the Company responsible for any losses or damages you may suffer as a result of any failure of online communications.

By setting up an account on the Website and / or using the Service, you consent to our monitoring and recording of all interactions with you including any communication via telephone which will also be done for the improving of the Service or for meeting regulatory requirements.

4. Protecting your information and privacy

You agree that you will report any breach of the security of your account to us as soon as possible by emailing us on support@chasingreturns.com.

You undertake and agree that you shall not access, store, distribute or transmit any viruses, worms, trojans or other material which may prevent, impair or otherwise adversely affect the operation of any software, hardware, equipment, network or telecommunications service, or any material during the course of your use of the Website or the Service which: (a) is unlawful, harmful, threatening, defamatory, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or (f) causes damage or injury to any person or property, and the Company reserves the right, without liability to you, to disable your access to any material that breaches this condition.

When interacting with the Service we may obtain data from you or various other parties and we will store this data accordingly. Please see our Privacy Policy for information on the data collected by the Company in order to provide to the Service. In the absence of up to date data we will proceed on the basis of the latest data which we hold in respect of you and we will not be responsible for any losses or damages suffered due to data not being updated by you. It is your responsibility that the contact details we hold for you are kept up to date.

You agree that the Company has the right to provide access to any information provided by you or on your behalf to companies directly involved in the provision of the Service. By using the Website you agree to the placement of cookies on the device you are using to access the Website / Service and accept how we may collect data about you. If you do not comply with the Terms you agree that the Company will not be held liable for any damage, liability or loss suffered by you or any third parties resulting from your non-compliance.

5. Limitation of Liability

While nothing in the Terms shall exclude or limit our liability in respect of death or personal injury arising from negligence or from fraud or fraudulent representation, in no event will the Company be liable to the other party for any loss of profits, loss of business, depletion of goodwill and / or similar losses or indirect, special, incidental, exemplary, punitive or consequential costs, damages, charges or expenses of any kind whatsoever, however so arising. To the extent that the Company is found to be liable in accordance with the Terms, the Company’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Terms shall be limited to the total monies received by the Company in subscription fees from your account in the one month period immediately preceding the date on which the liability arose. 6. Intellectual Property Rights "Intellectual Property Rights" includes but is not limited to patents, trademarks, service marks, design rights and database rights (whether capable of registration or otherwise), applications for any of the foregoing, copyright (including copyright in source code, object code, procedures manuals and related documentation), know-how, trade or business names, domain names and other similar rights or obligations, whether capable of registration or not in any country (including but not limited to Ireland). All Intellectual Property Rights and the title to the data and other contents of your account shall belong to either you or a third-party licensor. You are liable for the data and other contents of your account and for ensuring that the contents and data do not infringe any third-party rights or violate any Irish legislation in force at the time. The Company assumes no liability for the contents of any web pages hosted by its servers nor for any infringements of a third party right therein. Except as expressly set out in these Terms or as permitted by any local law, you undertake: (a) not to copy the Service or infringe the Company’s Intellectual Property Rights; (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Service or any part thereof; (c) not to make alterations to, or modifications of, the whole or any part of the Service or any part of it to be combined with, or become incorporated in, any other programs; (d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Service with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Service with another software program; (ii) is not disclosed or communicated without the Company’s prior written consent to any third party to whom it is not necessary to disclose or communicate it; and (iii) is not used to create any software which is substantially similar to the Service; (e) to supervise and control use of the Service; (f) to use the most current version of the Service, including upgrading to any updated or upgraded 4 version or new release provided by the Company under the Terms immediately on receipt of such version or release; (g) not to provide, or otherwise make available, the Service in any form, in whole or in part to any person without prior written consent from the Company; (h) not to access all or any part of the Service in order to build a product or service which competes with the Service; and (i) not to attempt to obtain, or assist third parties in obtaining, access to the Service other than as set out in these Terms. You may not access the Website if you are our direct competitor except with our prior written consent. In addition, you may not access the Website for the purposes of monitoring the Website’s availability, performance or functionality, or for any other benchmarking or for any competitive purpose.

7. Confidentiality

As used herein, "Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include your data; our Confidential Information shall include the Service; and Confidential Information of each party shall include the Terms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than your data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

Protection of Confidential Information. The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of the Terms, and (ii) subject to the provisions of the Privacy Policy, except as otherwise authorised by the Disclosing Party in writing, to restrict access to Confidential Information of the Disclosing Party from third parties.

Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.

8. Queries, Complaints and Disputes

If for whatever reason you feel that the Service has not been to your satisfaction, or for any other reason, please feel free to contact us as outlined below. In cases involving some urgency, please contact us immediately.

Email: support@chasingreturns.com

Post: 77 Lower Camden Street, Dublin 2

9. Miscellaneous

Force majeure. We shall not be liable to you or any third party for any delay or non-performance of obligations under the Terms arising from any cause beyond our control including, without limitation, any of the following: non-availability or failure of any third party service, act of God, governmental act, war, fire, flood, explosion, communications or failure of the internet or civil commotion.

Entire Agreement. You hereby acknowledge that no reliance is placed on any representation made but not referenced in the Terms.

Waiver. No waiver of any rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

Severability. If any provision of the Terms is judged to be unlawful or unenforceable, the remaining provisions of the Terms shall remain in full force and effect.

No Partnership / Agency. Nothing in the Terms is intended to or shall operate to create a partnership between us and you, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

Third Party Rights. The Terms do not confer any rights on any person or party (other than the parties to the Terms and, where applicable, their successors and permitted assigns).

Notice. Any notice required to be given pursuant to the Terms shall be in writing, and shall be sent to the other party marked for the attention of the person at the address. Notices may be sent by post, or signed and scanned and sent by email. Correctly addressed notices sent by first-class mail shall be deemed to have been delivered seventy two (72) hours after posting and correctly directed faxes and emails shall be deemed to have been received instantaneously on transmission, provided that they are sent to correct email address or fax number.

Legal Fees. You shall pay on demand all of our reasonable legal fees and other costs incurred by us to collect any fees or charges due to us under the Terms.

Governing Law and Jurisdiction. Any dispute or claim arising out of or in connection with the Service, the Website or the Terms or the subject matter or formation (including non-contractual disputes or claims) of the arrangement as between you and us, shall be governed by, and construed in accordance with the laws of Ireland. You irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms.