WhereToTrade.AI – Terms and Conditions

Welcome to WhereToTrade.AI’s website at https://www.WhereToTrade.ai (the “Website”). By accessing or using this Website you hereby agree to the following terms and conditions, as may be amended from time to time (“T&Cs”) by Affilomania Ltd., on behalf of itself and its affiliates (collectively, the “Company”). “You” and “your” or “End User” refer to the end user accessing or using the Website. Please read the terms of these T&Cs carefully in their entirety prior to your use of the Website. Please note that these T&Cs constitute a legally binding agreement between you and the Company, and if you do not agree to all of the terms of these T&Cs, you must exit the Website, and discontinue the use of the Website. 

You hereby represent and warrant that: (i) you are at least 18 years old (the Company reserves the right to request proof of age at any stage in order to verify compliance with this representation); (ii) you have the right, authority and capacity to enter into these T&Cs and to abide by all the terms and conditions of these T&Cs. Each of Company and you shall be referred to as “Party” and together the “Parties”.

  1. Scope of Service & The License
    1. The Company via its Website provides, free guidance to End Users, in their capacity as traders and investors, helping them choose the right Broker (as defined below) based on End User preferences and provide general guidelines based on best practices on how to navigate the processes of opening trading accounts through different means, including but not limited to, live chat support using the “Find my broker” tool embedded within the Website, (the “Services”).  
    2. The Company hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable, license to use the Company’s Website and Services for informational and personal use only (the “License”). For the avoidance of doubt, you do not acquire any rights whatsoever in and to the Website beyond the rights granted herein, and may only use the same in accordance with these T&Cs.  
  2. End User Obligations and Restrictions 
    1. End User is solely responsible for its use of the Website and all activities related to accessing and using the Website's information and Services.
    2. When accessing or using the Website, you may be required to provide certain information, including, but not limited to, contact details and investment preferences. You undertake that all such information shall be accurate and complete. 
    3. Without limiting the foregoing, you may not permit or aid others to: (i) use the Website for any purpose other than for the purpose hereunder, or contrary to the terms of these TCs; (ii) copy, reproduce, sell, license (or sub-license), lease, loan, assign, transfer, or pledge the Website or any part thereof; (iii) modify, display, disassemble, decompile, reverse engineer, revise, enhance, republish, create any derivative works, or otherwise merge or utilize all or any part of the Website, with or into any third party materials or components or attempt to access or discover the Website’s source code; (iv) make any changes or interfere in any way in the source code of the Website, and upload any software or application that may harm or cause damage to the Company, the Website or any other third party; (v) use the Website in any manner that is prohibited by law or not authorized by these T&Cs, including, without limitation by accessing or using the Website in violation of any export or import restrictions, laws or regulations of the State of Israel or any foreign agency or authority, including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software; (vi) contest Company’s Intellectual Property Rights to Company’s IPR (as defined below); (vii) interfere with or disrupt the integrity or performance of the Website or Company’s network or the data contained therein or the use of other End Users; (viii) engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Website.
    4. You acknowledge that without prejudice to any other right of the Company, the Company shall have the right to monitor and track the use of the Website to ensure compliance with the terms herein, and shall have the right to (i) prevent you from accessing the Website, (ii) report your behaviour patterns on the Website to third parties, and (iii) take any other action that the Company may deem appropriate to protect its property and rights, as well as the rights of third parties.
  3. Brokers and Compensation
    1. Company maintains partnerships with various brokers and financial service providers (the “Brokers”). Through the Services, the Company strives to provide End User with independent and unbiased opinions and recommendations based on comprehensive professional analysis and methodology.
    2. The Website is provided free of charge to all End Users. However, Company may receive commissions from Brokers when users: (a) click through to Broker websites; or (b) purchase services from Brokers; or (c) open accounts on Broker(s) platforms or websites; all in accordance with the Broker’s terms and conditions. A complete list of Brokers is available in the ‘Broker reviews’ section of the Website, which is incorporated herein by reference.
    3. Company's receipt of commissions from Brokers shall not create any additional obligations between Company and End Users, nor shall it alter any terms of these T&Cs. 
    4. Broker recommendations provided through the Website are for informational purposes only. The Company does not guarantee the performance, suitability or reliability of any recommended Broker. You acknowledge and agree that: (i) any interaction, engagement or relationship with recommended Broker is solely between you and such Broker; (ii) the Company is not a party to any agreement between you and any Broker; (iii) the Company does not endorse, warrant or guarantee any Broker’s services, and (iv) you will conduct your own due diligence before engaging with any recommended Broker. The Company shall not be liable for any losses, damages or claims arising from your use of Broker recommendations or your relationship with any Broker.
    5. You acknowledge and agree that (i) the Website and/or other communication channels and/or community forums are provided to you are provided for informational purposes only; (ii) trading in the Broker platforms offered via the Broker involves a high degree of risk, including the possible loss of all funds invested and Company has no control on your activities on such platforms; and (iii) you have sufficient knowledge, market experience and professional skills to understand and accept the risks associated with such trading activities. The Company is not registered as a securities broker-dealer or an investment adviser. All information contained on the Website and/or provided via the Services, including past performance, does not guarantee future results and, is not intended as securities brokerage, investment, tax, accounting or legal advice.
      Additionally, it does not constitute an offer or solicitation to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund.
  4. Intellectual Property 
    1. Notwithstanding anything to the contrary herein, the Website, and any content and material available embedded therein, including without limitation, materials, text, photos, logos, any graphical display of data, designs, sounds, figures, analysis, statistics and any other content, and all Intellectual Property Rights therein, as well as any Feedback (collectively, “Company’s IPR”), are exclusively owned by Company or its licensors. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to End User by Company with respect to the Website or the Company’s IPR.

      “Intellectual Property Rights” means any and all worldwide intellectual property rights, whether registered or not, including, but not limited to: (a) patents, patent applications and patent rights, know how, inventions, research and development activities and discoveries; (b) rights associated with works of authorship, including copyrights, copyrights applications, copyrights restrictions, mask work rights, mask work applications and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information, including but not limited to confidential and proprietary information concerning the business and financial activities of Company, and any information concerning its service providers, employees, customers, suppliers, and partners; (d) trademarks, trade names, service marks, logos, trade dress, goodwill and domains; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

    2. You shall not, nor shall you allow any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, any of the Company’s IPR, nor shall you use such Company’s IPR for any purpose other than for using the Website pursuant to the terms herein. You further undertake not to exploit any of the contents of the Website without the Company’s explicit, prior written permission.
    3. Any feedback, suggestions or recommendations provided by End User regarding the Website (“Feedback”) shall be owned exclusively by Company. Company may use such Feedback without restriction or compensation. Feedback shall not constitute End User's confidential information.
  5. Representations And Warranties 
    1. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED HEREIN, THE WEBSITE AND THE SERVICES ARE PROVIDED “AS-IS”, “AS-AVAILABLE” BASIS, AND THE COMPANY MAKES NO OTHER WARRANTIES, AND EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE WEBSITE AND IT IS NOT RESPONSIBLE FOR THE AVAILABILITY, ACCURACY, APPLICABILITY OR LEGALITY OF ANY INFORMATION, DATA OR DOMAIN. FURTHER, AND WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT: (I) THE WEBSITE AND THE SERVICES SHALL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE WEBSITE SHALL NOT CONTAIN ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (III) THE WEBSITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO END USER, OR ANY OTHER THIRD PARTY AS A RESULT OR IN CONNECTION WITH THE USE OF THE WEBSITE, THE SERVICES OR RELIANCE ON THE WEBSITE OR ANY INFORMATION DERIVED THROUGH THE WEBSITE. 
  6. User Content and Privacy
    1. In connection Services, you hereby acknowledge and accept that the Company shall receive and collect from you the User Content (as defined below), either provided by you, through the Services, directly from you, or directly or indirectly from Third Party Software (as defined below) and the Company shall provide such User Content to certain Third Party Software in order to provide the Services.

      “User Content” means, without limitation, personal contact information and meta data, and investment preferences. 

    2. The Company shall use and process any User Content solely in accordance with our Privacy Policy at https://www.wheretotrade.ai/privacy-policy.
    3. Certain information, including part of the User Content, may be received and/or provided by the Company, inter alia, via: (i) access by the Company to third party real-time communication software (e.g. Sellence Technology Ltd.and access by the Company to other third party software storing User Content (collectively, “Third Party Software”); (ii) any other agreed means of communication (including emails).
    4. The User Content is and shall remain in the ownership of the End User, and the End User is solely responsible for the User Content. The Company is under no obligation to edit or control or monitor User Content, and will not be in any way responsible or liable for User Content.
    5. End User hereby grants the Company permission to provide the Third Party Software the User Content, and further grants Company with a non-exclusive, irrevocable, limited, royalty free and worldwide license to use, process and store the respective data and the User Content in order to perform the Services, and to exercise the Company’s rights and obligations under these TCs, or otherwise in connection thereto. 
  7. Term
    1. You may cease using the Website at any time, with or without notice to Company.
    2. If you violate any provision of these T&Cs or any other terms that apply to your use of the Website, Company may in its sole discretion suspend or terminate your access to the Website at any time, with or without notice to you.
    3. Notwithstanding the termination or expiration of these T&Cs, Sections ‎‎4 (Intellectual Property), ‎‎5 (Representations and Warranties), ‎6 (User Content and Privacy), ‎‎8 (Limitation of Liability), ‎‎9 (Indemnification) and ‎‎11 (General) shall survive and remain in effect in perpetuity.
  8. Limitation Of Liability
    1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY, IN ANY EVENT, FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, COMPANY’S MAXIMUM AGGREGATE LIABILITY UNDER OR ARISING OUT OF OR RELATING TO THESE T&CS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED USD 1,000.
    2. The limitations contained in this Section 8 are considered reasonable by the Parties having regard to the circumstances which are known to or in the contemplation of the Parties at the date of these T&Cs, and the availability of insurance to the Parties.
  9. Indemnification
    1. You hereby agree to indemnify and hold Company harmless from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action (“Claim”) by a third party (including reasonable attorney fees) arising from or in connection with your access or use of the Website, any breach of your obligations, representations or warranties under these T&Cs or the Company’s use of the User Content or other data obtained by Company from you which allegedly infringes third party’s rights or violates any law. You shall bear sole responsibility for your decisions made relying on the content of the Website. The Company shall notify you in writing of the Claim and shall make commercially reasonable efforts to provide you with reasonable assistance and information. 
  10. Third Party Links 
    1. Certain portions of the Services may include links to websites or software that are controlled or offered by third parties (the “Links”) for which Company may receive compensation from the operator of the third-party web site by virtue of your clicking to or making a purchase on that site. The inclusion of Links on the Website is not an endorsement, authorization, sponsorship or any other connection between the Company and those websites, software or their operators. As described more fully in Section ‎3, by clicking on these links you understand and agree that you are leaving the Website and visiting a website that is not controlled by the Company. Under no circumstances it will hold the Company liable for any loss or damage caused by use of or reliance on any content, goods or services available on other websites or software. 
  11. General 
    1. The Company may, at its sole discretion, amend, modify, or discontinue, from time to time, any of the services and/or products provided under the Website and/or introduce new services and/or products. The Company shall not be liable for any loss suffered by you resulting from any such changes made and you shall have no claims against the Company in such regard.
    2. Any provision of these T&Cs which is determined to be prohibited or unenforceable by a court of competent jurisdiction will be ineffective only to the extent of such prohibition or unenforceability and will be severed without invalidating the remaining provisions hereof or otherwise affecting the validity or enforceability of such provision. The headings used herein are for the convenience of the Parties only and will not affect the interpretation of these T&Cs.
    3. These T&Cs shall be governed by the laws of the State of Israel, without reference to its principles of conflict of laws to the extent they would require the application of the law of another jurisdiction. The Parties each consent to the exclusive jurisdiction of the courts of Tel-Aviv, Israel, and waive any objection to venue in such courts. Notwithstanding the foregoing, Company shall be entitled to seek injunctive and other equitable relief, without the necessity of showing actual money damages in any jurisdiction in the event of an actual or threatened breach.