1. Use The information, analysis, data, and services of ELP SA and any content displayed through its website are exclusively for personal and non-commercial use. By registering, we grant you a limited, non-exclusive, non-transferable license to access the content of the Company and except for the limited license mentioned above, no right, title or interest will be transferred to the User. The User agrees not to use the service for public presentations or performances. If you are under 18 years of age, you are not authorized to use the Service. You may be required to register a personal profile on the site in order to access specific content or services.
  2. Access to content As a user, when you sign to access the Forecaster.biz service, whether it's free or paid, you obtain a license from the Company to view the materials contained on Forecaster.biz. The content is licensed, not sold, to you as a user. This license does not give you the right to resell the content in any way (including sharing account information with a buyer or illegally uploading and sharing the content on torrent sites). In legal terms, Forecaster.biz grants you (as a User) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, and educational purposes through the Services, in accordance with these Terms and any condition or restriction associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, modify, create derivative works, sublicense, or otherwise transfer or use any content nor service unless we explicitly give you permission to do so in a written agreement signed by an authorized representative of ELP SA. We generally provide a limited-time access license (“subscription plan enrolments”) to our users when they purchase the service Forecaster.biz. However, we reserve the right to revoke any license to access and use any content at any time if we decide or are required to disable access to the content for legal or business policy reasons, for example, if the service or other content you have signed up for is subject to a copyright infringement complaint, or if we determine that it violates these terms and conditions.
  3. 24-Hour Free Trial for New Registrants: Upon successful registration, every new user of Forecaster.biz is entitled to a complimentary 24-hour free trial. This trial period is designed to provide full access to all features and functionalities available on Forecaster.biz, allowing users to thoroughly explore and evaluate our services. During this trial, users can utilize all tools and resources just as a subscribed member would, without any restrictions. It is important to note that once this 24-hour trial period expires, continued access to the features and services of Forecaster.biz will require the user to choose a subscription plan. We offer various subscription options to cater to different needs, including monthly, quarterly, and annual plans. Users are encouraged to select the plan that best suits their requirements to maintain uninterrupted access to our services. Details and pricing of each subscription plan are available on the website.
  4. Your account As part of the necessary process to create an account on the Site (an "Account") and gain access to certain Services, you will be asked to provide your full name, email address, password, and phone number (the "Registration Credentials") or register through one of the third-party accounts ("Third-Party Accounts"). You must ensure that your Registration Credentials and data are accurate, truthful, and up to date. We reserve the right to block the creation of your Account based on our inability to confirm the authenticity of your Registration Credentials. In addition to registering directly on the Site by providing your Registration Credentials, we give you the option to register and access your Account through one of your social media accounts such as Facebook, Twitter, or Google. The list of social accounts, described above, through which the Forecaster.biz service can be accessed, is provided by way of example only, is not exhaustive and does not imply that the possibility of accessing the Forecaster.biz site is actually available for all the social accounts mentioned. Please refer to our Privacy Policy for more information on accessing your Account through a Third-Party Account. Unless you access your Account through a Third-Party Account, please note that the email address and password provided as part of the Registration Credentials will be used to access your Account. You will be solely responsible for maintaining the confidentiality of your email address and password and must notify us immediately of any unauthorized use of your Account. You are solely responsible for all activities and use of your Account, including but not limited to the use of the Account by third parties authorized by you to use your email address and password. We allow you to maintain only one Account to access the Services. By registering, accessing, or using our Services, you agree to enter into a legally binding contract with ELP SA. If you do not agree to these Terms, do not register, access, or otherwise use our Services. If it is found that you have created an account that violates these rules, we will close your account. You may be required to verify your identity before being allowed to publish content on Forecaster.biz. You can terminate your account at any time by accessing your account area and using the account deletion button. Your personal data will be deleted according to the Privacy Policy. You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. You agree that your account is not transferable and that all rights to your account and other rights under these Terms terminate upon your death.
  5. Limited license ELP SA grants the user a personal, non-exclusive, non-transferable, and limited license to access and use the Site (the "License"). This License is subject to the user's full and continuous compliance with these Terms and Conditions. The user agrees not to resell or allow access to the Site to others, and not to copy any material appearing on the Site for resale or for any other purpose to others without the prior written consent of ELP SA. You will be responsible and bound by any unauthorized use of the Site, made in violation of this section. The user agrees not to use any electronic communication function of the Services on the Site for any purpose that is illegal, abusive, invasive of third-party privacy, harassing, libellous, defamatory, embarrassing, obscene, or threatening. The License granted under these Terms and Conditions terminates if ELP SA deems that any information provided by the user, including (but not limited to) registration credentials, is no longer current or accurate, or if the user otherwise fails to comply with any term or condition of these Terms and Conditions and all rules and guidelines for each of the Services. In the event of such a violation, the user agrees to cease access to the Services. The user agrees that the Company, at its sole discretion and with or without notice, may terminate the user's access to one or all of the Services, and remove and delete any information or content within the Services. If not expressly authorized in these Terms and Conditions or the Service, the user agrees not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works, modify, sell, resell, exploit, transfer, or upload for any commercial purpose, any portion of the Service, the use of the Service, or access to the Service.
  6. Content and behaviour rules You may not access or use the Services or create an account for illegal purposes. The use of the Services and behaviour on our platform must comply with applicable local or national laws or regulations in your country. You are solely responsible for knowing and complying with such laws and regulations that are applicable to you. If we are notified that your course or content violates the law or the rights of others (e.g., if it is determined that it violates the intellectual property or image rights of others, or involves illegal activity), if we determine that your content or behaviour violates these terms and conditions, or if we believe that your content or behaviour is illegal, inappropriate, or questionable (e.g., if you impersonate someone else), we will remove your content from our platform.
  7. Intellectual property rights The user acknowledges and agrees that the Service may contain content or features ("Service Content") that are protected by copyright, patents, trademarks, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Company, the user agrees not to modify, copy, frame, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to User Content (as defined below) that the user legally uploads to the Service. In connection with the use of the Service, the user will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If access to the Service is blocked by the Company (including blocking the user's IP address), the user agrees not to take any measures to circumvent such block (e.g., masking the user's IP address or using an IP proxy). Any use of the Service or Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection with it are the property of the Company, our affiliates, and our partners (the "Software"). The user agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in the Software. All rights not expressly granted herein are reserved to the Company. The Company's name and logos are trademarks and service marks of the Company (collectively the "Company Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated or connected with the Company. Nothing in these Terms of Service or the Service should be construed as granting, by implication or otherwise, any license or right to use any Company Trademark displayed on the Service, without our prior written permission in each case. All goodwill generated from the use of the Company Trademarks will inure to our exclusive benefit.
  8. Services Our service is accessible by paying a subscription plan whose renewal frequency is variable and defined as follows: monthly, bi-annually, or annually. The choice of the subscription renewal frequency for Forecaster.biz is entirely at the discretion of the user. You agree not to hold ELP SA responsible for any losses or damages of any kind suffered as a result of such transactions. You agree that all information you provide in connection with such purchase is accurate, complete, and up-to-date. You agree to pay all expenses incurred using your credit card, debit card, or other payment mechanism at the prices in effect when such expenses are incurred. You will also pay all applicable taxes related to any purchase made.
  9. Prices The prices for content on Forecaster.biz are determined in accordance with these Terms and Conditions and are displayed on the website. Occasionally, we offer promotions and discounts for our content, during which some content is available at discounted prices for a certain period of time, also through coupons (discount codes). The price applicable to the content will be the price shown at the time of completing the purchase of the content ("checkout"). If you are located in a country where goods and services tax or value-added tax is applicable to consumer sales, we are responsible for collecting and remitting such tax to the relevant tax authorities. Depending on your location, the price you see may include such taxes, or taxes may be added at checkout.
  10. Payments To enable you to make a purchase on the Company's website, we may direct you to the websites of our payment service providers. You may be required to share your personal information (such as your name, address, identification number), financial information (such as your credit card number, bank account, etc.) with the payment service providers. We may change the fees for our Services from time to time and at our sole discretion. The entity responsible for payment processing is https://stripe.com/. We also accept SEPA bank transfers. Please contact info@forecaster.biz if you wish to purchase or subscribe to our services by paying through SEPA bank transfer. An electronic receipt or invoice is available for every purchase made on the website.
  11. Subscription plans and renewals During the subscription period, the Company grants a limited, non-exclusive, non-transferable license to access and view the content or receive the service. We offer monthly, b-annual, or annual subscriptions. The subscription you purchase or renew determines the scope, features, and price of your access. You cannot transfer, assign, or share your subscription with anyone else. We reserve the right to revoke any license to use content in our subscription plans for legal or business policy reasons at any time and at our sole discretion, such as if we lose the right to offer the content through a subscription plan. The user has the right to cancel the subscription and recurring payment at any time and without notice, at the end of each billing period, through their user area or by contacting us via email at info@forecaster.biz or by phone at +41 91 922 81 69.
  12. Exclusions of liability for subscription We do not guarantee the availability of the content of the Subscription Plans or recurring services. At any time in the future, we reserve the right to offer or cease to offer additional features to any Subscription Plan, or to modify or terminate a Subscription Plan at our sole discretion.
  13. Renewals To subscribe to a subscription plan, you must provide a payment method. By subscribing to a subscription plan and providing billing information during checkout, you grant us and our payment service providers the right to process payment for applicable fees via the selected payment method. At the end of each subscription period, we will automatically renew your subscription for the same duration. If we update your payment method using information provided by our payment service providers, you authorize us to continue charging applicable fees to your updated payment method. If we are unable to process payment via the payment method we have on file, or if a chargeback disputing charges made to your payment method is granted, we may suspend or terminate the subscription. We reserve the right to change our subscription plans or adjust our service prices at our sole discretion. Any price changes or subscription modifications will take effect after notice to the user, unless otherwise required by applicable law.
  14. Refunds If you believe you have been charged an amount in error, you must contact us within 14 days of such charge. No refund will be given for any charge older than 14 days. We reserve the right to refuse a refund request if we reasonably believe (i) that you are attempting to unfairly exploit this refund policy, for example by making repeated refund requests in relation to the same feature; (ii) if you are in breach of the Terms; or (iii) if we reasonably suspect that you are using our Services fraudulently. ELP SA's liability, its officers, directors, or employees, to you or third parties in any circumstance is limited to the amount of money you transferred to ELP SA in relation to the transaction giving rise to such liability. If the content you purchased is not what you expected or you are not satisfied, you may request, within 14 days of purchasing the content, that Forecaster.biz apply a refund to your account. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on the capabilities of our payment service providers, and other factors. No refund is due to you if you request it after the 14-day warranty period has passed. However, if the content you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 14-day limit. Forecaster.biz also reserves the right to refund users beyond the 14-day limit in the event of suspected or confirmed account fraud. To request a refund, contact us at info@forecaster.biz. At our discretion, if we believe that you are abusing our refund policy, such as by significantly exploiting the service for which you are requesting a refund or if we have already refunded you for the content previously, we reserve the right to deny your refund, limit you from future refunds, ban your account, and/or limit any future use of the Services.
  15. Market information and quotes ELP SA may provide you with a wide range of financial information generated internally or obtained from agents, vendors, or partners ("Third-Party Providers") through one or more of its Services. This includes, but is not limited to, market data, prices, quotes, news, analyst opinions, research reports, charts, and data ("Market Information"). The market information provided on the site is not intended as investment advice. ELP SA does not endorse or approve market information, and we only make it available to you as a service for your interest. ELP SA and its third-party providers do not guarantee the accuracy, timeliness, completeness, or correct sequence of market information, nor do they guarantee any result from the use or reliance on market information. Market information may quickly become unreliable for various reasons, including changes in market conditions or economic circumstances. Neither ELP SA nor third-party providers are obligated to update any information or opinion contained in any Market Information, and we may cease offering Market Information at any time without notice. You agree that neither ELP SA nor Third-Party Providers are in any way responsible for the cessation, interruption, delay, or inaccuracy of any market information. You will not "deep-link," redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized to receive it.
  16. Force majeure You agree that ELP SA shall not be liable in any way to you or to any other person for damages caused by force majeure (including, but not limited to, the act of any government or legal authority) or for the failure or damage or destruction of your computer systems, data or records or any part of them, or for delays, losses, errors or omissions arising from the failure or mismanagement of any telecommunications or computer equipment or software. ELP SA is not responsible, and you agree not to hold ELP or any of its agents or service providers responsible, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access problems, system capacity problems, high demand for internet traffic, security breaches and unauthorized access, and other similar computer problems and defects. ELP SA does not represent, warrant or assure that you will be able to access or use the Site at times or places of your choosing, or that ELP will have adequate capacity for the Site as a whole or at any geographic location. ELP SA does not represent, warrant or assure that the Site will provide uninterrupted and error-free service. ELP SA provides no warranty or assurance in relation to the Site and its content, including, but not limited to, warranties of merchantability or fitness for a particular purpose.
  17. Registered trademarks All rights, titles, and interests in and to the content of the Site and to the registered trademarks, trade names, and logos of "Forecaster.biz" are owned by ELP SA, its affiliates, or other licensors and are protected by copyright and trademark laws, as well as international treaties. The user agrees not to remove any copyright notice or other indications of intellectual property rights from materials printed or downloaded from the Site. The user shall not obtain any intellectual property right or any right or license to use such materials or the Site, except as expressly stated in these Terms and Conditions. Nothing in the Site shall be construed as a grant, by implication, estoppel, or otherwise, of any license or right to use any trademark without the written permission of ELP SA or any third party that may own the trademarks. The use of the trademarks, or any other content of the Site, except as provided herein, is strictly prohibited.
  18. Legal restrictions Without limiting the foregoing, the user understands that laws governing markets and financial activities vary throughout the world, and it is their responsibility to ensure full compliance with any applicable law, regulation or directive in their country of residence with regard to the use of the Site. The ability to access our Site does not necessarily mean that our Services, and/or your activities through the Site, are legal under the legislation, regulations, or directives applicable to your country of residence. This Site does not constitute, and cannot be used for purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such offer or solicitation. Access to this Site and the provision of services through this Site may be restricted in certain jurisdictions and, accordingly, users accessing this Site are required to inform themselves and to observe such restrictions.
  19. Violation You agree to indemnify and hold harmless ELP SA, its affiliates and their respective officers, directors, and employees upon demand from and against all claims, demands, liabilities, damages, losses, costs, and expenses, including legal fees and other charges of any kind whatsoever, however caused, that may arise as a result of: (i) any violation of these Terms and Conditions by you, or (ii) your violation of any law or the rights of any third party. Without prejudice to any other right in these Terms and Conditions, if you violate in whole or in part any provision contained in this document, ELP SA or any of its business affiliates that provide services to you reserves the right to take whatever actions it deems appropriate, including (but not limited to) terminating any agreement in force with you, terminating or blocking services offered to you through the site, and/or taking legal action against you.
  20. Contract modification We reserve the right to modify, remove or update these Terms and Conditions at any time. Please check the "Last Modified" header at the bottom of this document to see when the Terms and Conditions were last updated. Any changes to the Terms and Conditions will be effective when we post the revised Terms and Conditions on the Site. Your use of the Site or Services, or provision of personal information following any modification, constitutes acceptance of the updated Terms and Conditions. If, at any time, you do not wish to accept the Terms and Conditions, you may not use the Site. Any terms and conditions proposed by you that are in addition to or in conflict with these Terms and Conditions are expressly rejected by the Company and shall have no force or effect.
  21. Termination term ELP SA reserves the right to suspend the operation of this Site or any part or section of it at any time and no claim shall be considered against the Company in relation to this. We reserve the right to terminate your Account, at our sole discretion, at any time without notice. You may terminate or modify your Account at any time by accessing your personal area (https://www.forecaster.biz/profile) or by sending us your cancellation request at info@forecaster.biz.
  22. Links to third-party websites This website contains hyperlinks to websites operated by entities other than ELP SA. Such hyperlinks are provided for your reference and convenience only. You agree not to hold ELP SA responsible for the content or operation of such websites. A hyperlink from this website to another website does not imply that ELP SA approves of the content of that website or the operator or operations of that site.
  23. Applicable law The use of this site is subject to Swiss law, which has exclusive jurisdiction over the interpretation, application, and effects of the terms of use. The competent cantonal court will have exclusive jurisdiction over all claims or disputes arising from, in connection with, or relating to this website and its use.
  24. Last updated: 22nd of January, 2024