LEGAL

TERMS OF USE

Please review this information carefully before using Tradogram.

By registering for Tradogram, you agree to be bound by the following terms and conditions of using this service (“terms of service”). Any new features or tools added to the current service shall be also subject to the terms of service. The following information constitutes the current version of the terms of service. Tradogram Inc. (Tradogram) – the owner and the Tradogram service provider – reserves the right to update and change the terms of service by posting updates and changes to the Tradogram website. The terms ‘Tradogram’, ‘us’ and ‘we’ will be interchangeably be used to refer to the service provider, and the terms ‘you’, ‘user’ ‘client’, and ‘customer’ will be interchangeably used to refer to the service receiver. Check the ‘Terms of Service’ from time to time for any updates or changes that may affect you.

ACCOUNT TERMS

GENERAL CONDITIONS

SERVICE LEVEL

As part of this Agreement, Tradogram is committed to the following levels of service delivery:

1. URGENT PRIORITY ISSUE IS DEFINED AS:

1.an issue which affects the entire Tradogram application not functioning.

2.an issue which significantly impacts your business due to not being able to use the application (e.g. server outage)

During business hours (9:00am to 5:00pm – EDT), Tradogram is committed to resolving all Urgent priority issues within four (4) hours of receipt of the support request where possible.

2. REGULAR PRIORITY ISSUE IS DEFINED AS:

1.an issue is affecting a part of the system that you use a significant part of the time to manage your business.

2.an issue is significantly affecting your ability to deliver effective customer service to your customers.

During business hours (9:00am to 5:00pm – EDT), Tradogram is committed to resolving all regular priority issues within forty eight (48) hours of receipt of the support request where possible.

3. LOW PRIORITY ISSUE IS DEFINED AS:

1.an issue is moderately impacting your business with some functionality of the system being affected.

2.a temporary work around can be implemented until the issue can be resolved.

During business hours (9:00am to 5:00pm – EDT), Tradogram is committed to resolving all the low priority issues within a period of time will be determined based on the amount of work needed.

UPTIME COMMITMENT

Tradogram, in relation to the Tradogram service, is committed to an uptime target of 99.9% at all times. We have chosen and will always make sure to use a highly reputable hosting partner to ensure that we have the best possible chance of achieving this target at all times. We, however, cannot guarantee this target due to out of control factors such as telecommunications / network issues, hosting party issues, and client-related telecom issues.

OUR RIGHTS

LIMITATION OF LIABILITY

WAIVER AND COMPLETE AGREEMENT

The failure of Tradogram to exercise or enforce any of the rights or provisions in this terms of service agreement shall not constitute a waiver of such right or provision. The terms of service constitute the entire agreement between you and Tradogram and governs the use of the service, superseding any prior agreements between you and Tradogram (including, but not limited to, any prior versions of the terms of service).

INTELLECTUAL PROPERTY AND CUSTOMER CONTENT

PAYMENT OF FEES

CANCELLATION AND TERMINATION

MODIFICATIONS TO THE SERVICE AND PRICES

OPTIONAL TOOLS

We may provide you with access to third party tools. We do not provide input for these tools, nor do we monitor or control them. You acknowledge and agree that we provide access to such tools as is without any warranties, representations or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of the optional tools offered through Tradogram is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).

GOVERNING LAW

This Agreement and any action related thereto will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflicts of law principles. Any lawsuits in relation with this Agreement must be initiated in Ottawa, Ontario, Canada, and the parties irrevocably attorn to the exclusive jurisdiction of the courts therein.

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