This End User Licence Agreement ("EULA") governs your right to install and use the IOTSIM software ("the Software"), including all editions thereof (such as IOTSIMICT), licensed by Reggie_W, trading as IOTSIM ("Licensor", "we", "us") and made available via TradingView and distributed via Whop.com.
By subscribing to IOTSIM, accessing the Software, or ticking the acceptance checkbox at checkout, you ("Licensee", "you") agree to be bound by this EULA. If you do not agree, do not subscribe and do not access the Software.
This EULA is supplemental to and forms part of the IOTSIM Terms & Conditions, the Privacy Policy, and the Risk Disclaimer. In the event of any conflict between this EULA and the Terms & Conditions, the Terms & Conditions prevail.
Subject to your continued compliance with this EULA and the Terms & Conditions, and conditional on your subscription remaining active and paid in full, the Licensor grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Software on TradingView for your own private research and personal trading purposes only.
This licence:
The Software is licensed, not sold. All right, title, and interest in and to the Software — including all source code, object code, Pine Script, algorithms, simulation engines, output formats, alert templates, visual designs, branding, documentation, and any updates or modifications thereto — remain the exclusive property of the Licensor and are protected by copyright, database-right, trade-mark, trade-secret, and other intellectual-property laws of England & Wales and other relevant jurisdictions.
No rights are granted to you by implication, estoppel, or otherwise. All rights not expressly granted in Section 1 are reserved.
You must not, and must not permit any third party to:
Each restriction in this Section 3 is a material term of this EULA. Breach authorises immediate termination of the licence under Section 7 and engages the enforcement remedies set out in Section 5 of the Terms & Conditions.
You may connect IOTSIM alerts to automated execution on your own personal trading account, strictly subject to the conditions set out in Section 6b of the Terms & Conditions. In summary, automation is permitted only where it operates on accounts beneficially owned by you, complies with all applicable broker, exchange, and platform terms, complies with all applicable law, and exposes no alert or output to any third party. You automate at your own risk.
For the avoidance of doubt: this EULA grants you no right to receive, view, copy, fork, or distribute the Software's Pine Script source code or any other source code. The Software is published on TradingView in a manner that protects its source.
The Licensor may, at its discretion, issue updates, patches, version revisions, or new editions of the Software. Such updates are made available to active subscribers as part of their existing subscription unless we expressly designate them as a separate paid product. Updates are licensed under this EULA and any version of the Terms & Conditions in force at the time of release.
We may modify, restrict, or discontinue features of the Software at any time as set out in Section 11 of the Terms & Conditions.
This licence is automatically and immediately revoked upon any of the following:
On revocation you must immediately cease all use of the Software and remove it from any TradingView chart on which you have applied it. Sections 2, 3, 5, 8, 9, 10, and 11 of this EULA survive termination.
The Software is provided "as is" and "as available" without warranty of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted operation. We do not warrant that the Software will be error-free, free from repainting on unconfirmed bars, compatible with any broker, suitable for any trading strategy, or fit for automated execution.
The full warranty disclaimer is set out in Section 8 of the Terms & Conditions.
Our liability under or in connection with this EULA is limited as set out in Section 8 of the Terms & Conditions. In summary, and to the maximum extent permitted by applicable law, our total aggregate liability for any and all claims shall not exceed the total subscription fees actually paid by you in the three (3) months immediately preceding the event giving rise to the claim, and we shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
Nothing in this EULA excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited under the laws of England & Wales. Statutory rights of UK and EEA consumers are unaffected.
The Software is a research, analysis, and self-configured monitoring tool. It does not constitute, and nothing produced by it constitutes, financial advice, investment advice, a trading signal, or a recommendation to buy, sell, or hold any financial instrument. Full provisions are set out in Sections 6, 6a, and 6b of the Terms & Conditions, which you confirm you have read and accepted.
This EULA is governed by and construed in accordance with the laws of England & Wales, with disputes subject to the exclusive jurisdiction of the courts of England & Wales, as set out in full in Section 14 of the Terms & Conditions. Mandatory consumer-protection rights of UK and EEA residents are unaffected.
For queries regarding this EULA: support@iotsimalgo.com