Terms and Conditions

Overview

This website is operated by Kameniczki LLC, a Delaware limited liability company, doing business as KameniczkiFX. Throughout the site, the terms “we,” “us,” and “our” refer to KameniczkiFX. KameniczkiFX provides this website, along with all information, tools, and services available from it, to you, the user, subject to your acceptance of the terms, conditions, policies, and notices outlined here.

By visiting our site and/or purchasing any tools, features, or products from it, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions” or “Terms”), including any additional terms, conditions, and policies referenced here or accessible via hyperlink. These Terms and Conditions apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions outlined in this agreement, you may not access the website or use any of its services. If these Terms and Conditions are considered an offer, acceptance is strictly limited to these Terms.

Any new features or tools added to the current store will also be subject to these Terms and Conditions. You can review the most up-to-date version of the Terms and Conditions on this page at any time. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates or changes on our website without prior notice. We will not be responsible if any part or all of the Services become unavailable at any time or for any period. It is your responsibility to periodically review this page for updates. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.

 

Eshop Terms

By agreeing to these Terms and Conditions, you confirm that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your state or province, and you have given us consent to allow any of your minor dependents to use this site.

You are responsible for:

• Making all necessary arrangements to access the Services.
• Ensuring that everyone who accesses the Services through your internet connection is aware of and complies with these Terms and Conditions.

To access the Services or certain resources it offers, you may be required to provide registration details or other information. It is a condition of your use of the Services that all registration information you provide is accurate, current, and complete. You agree that all information you provide for registration or otherwise is governed by our Privacy Policy, and you consent to all actions we take concerning your information in accordance with that policy.

You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other security breach. You should exercise caution when accessing your account from a public or shared computer to prevent others from viewing or recording your password or personal information.

You may not use our Services for any illegal or unauthorized purpose, nor may you, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or destructive code. Any breach or violation of these Terms will result in the immediate termination of your Services.

 

General Conditions

We reserve the right to refuse Service to anyone at any time, at our sole discretion, for any reason or no reason, including if we believe you have violated any provision of these Terms of Service.

You understand that your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transfers over various networks, and (b) modifications to comply with the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

 

Intellectual Property Ownership

The Services, including all of their contents, features, and functionality (such as information, software, text, displays, images, video, audio, and their design, selection, and arrangement), are owned by KameniczkiFX, its licensors, or other content providers and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions allow you to use the Services for personal or professional purposes. However, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from the Services without our explicit written permission.

You must not:

• Modify copies of any materials from this site, except as explicitly allowed by us.
• Use any illustrations, photographs, video or audio sequences, or graphics separately from their accompanying text, unless otherwise permitted by us.
• Remove or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services, unless otherwise authorized by us.

No right, title, or interest in the Services or any content on the Services is transferred to you, and all rights not explicitly granted are reserved by us. Any use of the Services not expressly authorized by these Terms and Conditions constitutes a breach and may infringe upon copyright, trademark, and other laws. The headings in this agreement are for convenience only and do not limit or affect the Terms in any way.

 

Tradermarks

The KameniczkiFX name, logo, and all associated names, logos, product and service names, designs, and slogans are trademarks of KameniczkiFX. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

 

Disclaimers & Disclosures

By using this site or any products, services, or information provided on it, you acknowledge that you have carefully read and fully understand the following disclaimers and disclosures in this section.

Risk Disclaimer

Trading involves significant risk, and most day traders lose money. All content provided is hypothetical, selected after the fact, to demonstrate our Services, and should not be interpreted as financial advice. Decisions to buy, sell, hold, or trade securities, commodities, and other investments carry risk and should be made based on advice from qualified financial professionals. Past performance does not guarantee future results.

The potential for loss in trading can be substantial. You should carefully evaluate whether trading is appropriate for you considering your financial situation.

Hypothetical and Simulated Performance Disclaimer

Hypothetical or simulated performance results have specific limitations compared to actual performance records. Unlike real trading, simulated results do not reflect actual trading experiences. Since these trades have not been executed, the results may not fully account for the impact of market factors such as liquidity constraints. Simulated trading programs are often created with the benefit of hindsight. No guarantee is made that any account will achieve profit or losses similar to those demonstrated.

Testimonials Disclaimer

Testimonials on this website may not reflect the experiences of all clients or customers and do not guarantee future performance or success. The trading results shown in testimonials are not verified, and individual experiences may vary significantly due to factors such as skill, risk management, experience, and the inherent high-risk nature of trading where losses are possible.

As a provider of technical analysis tools for charting platforms, we do not have access to our customers’ personal trading accounts or brokerage statements. Therefore, we have no basis to assume that our customers perform better or worse than traders in general based on the content or tools we offer.

KameniczkiFX Does Not Act as an Investment Adviser

KameniczkiFX is not registered as an investment adviser with the U.S. Securities and Exchange Commission. Instead, KameniczkiFX operates under the “publisher’s exclusion” from the definition of “investment adviser” as outlined in Section 202(a)(11)(D) of the Investment Advisers Act of 1940 and applicable state laws. Consequently, KameniczkiFX does not offer or provide personalized investment advice.

To the extent that any content, material, information, or other offerings published, broadcast, or presented on this site or associated websites might be considered “investment advice,” such information is impersonal and not customized to the investment needs of any specific individual. The information provided on this site and related sites is intended solely for informational and educational purposes.

This information should not be interpreted as investment or trading advice and does not constitute a solicitation or recommendation to buy, sell, or hold any positions in indices or financial markets mentioned. The content and information provided by KameniczkiFX, the site, and KameniczkiFX’s Services are incidental to KameniczkiFX’s primary business of offering educational tools for technical analysis.

For Informational and Educational Purposes Only

KameniczkiFX and its tools do NOT offer or provide personalized investment advice. The tools, scanners, data, content, and information available are impersonal and not tailored to the investment needs of any individual. Therefore, these resources are provided solely for informational and educational purposes.

The tools and scanners provided by KameniczkiFX are designed to assist you in researching and evaluating securities based on your individual criteria and inputs, which are solely controlled and entered by you. The use of these tools and scanners does not guarantee any specific, predictable, or general results and should not be the sole basis for any investment decision or transaction.

YOU SHOULD NOT RELY ON THE TOOLS, SCANNERS, OR ANY DATA, CONTENT, OR INFORMATION PROVIDED AS THE SOLE BASIS FOR AN INVESTMENT DECISION OR TRANSACTION. If you choose to use our tools, scanners, or any such data, content, or information, you do so at your own risk. You fully acknowledge, understand, and agree that you are solely responsible for your investment research and decisions. Additionally, you are solely responsible for all decisions and transactions related to the purchase and sale of securities, the suitability, profitability, or appropriateness of any security, investment, financial product, investment strategy, or other related matters.

KameniczkiFX does not provide, and will not provide, legal, tax, estate planning, or accounting advice, nor will it offer advice on the suitability, profitability, or appropriateness of any security, investment, financial product, investment strategy, or other matters for you. The data, content, and information within the tools and scanners should not be interpreted as investment or trading advice and are not intended as a solicitation or recommendation to buy, sell, or hold any securities or to engage in any other transactions.

Site Disclaimer

By viewing any material or using the information on this Site, you agree that it is intended for general educational purposes only, and you will not hold any person or entity liable for any loss or damages resulting from the content or general information provided by KameniczkiFX.

This Site does not accept responsibility for any errors or omissions in the accuracy of the information provided. We recommend consulting with an independent financial advisor before making any decisions regarding buying or selling securities. KameniczkiFX and its affiliated parties are not registered as financial advisors.

This Site, along with all individuals and entities affiliated with it, disclaim all liability and responsibility arising from any reliance placed on the information by you or any other visitor to the Services, or by anyone who may be informed of its contents. Additionally, our partners or affiliated companies are not associated with the proprietary information provided by this Site.

TradingView Disclosure

Charts on this site are provided by TradingView, which serves as the foundation for our tools.

TradingView® is a registered trademark of TradingView, Inc. (www.TradingView.com). TradingView has no affiliation with the owner, developer, or provider of the Services described herein and does not have any interest, ownership, or endorsement of any such product or service. TradingView does not recommend or endorse any products or services provided.

 

Refunds

We offer refunds within 30 days of your initial payment if you are not satisfied with or do not understand our Services. You have 30 days from the date you sign up for any KameniczkiFX subscription plan to request a refund for your initial payment.

To request a refund, please contact us at support@kameniczki-fx.com, and we will assist you as soon as possible, typically on the same day. Refunds generally take 3-5 business days to be processed and appear in your bank account.

For yearly subscription auto-renewals, refunds are available within the first 72 hours of billing. We are not obligated to process refunds under any other circumstances after 30 days, including if you forgot about the auto-renewal of your subscription.

We send reminders before annual billing cycles, and it is your responsibility to manage your subscription and handle renewals by logging in or contacting support@kameniczki-fx.com.

Refunds are not available for payments made with cryptocurrency due to potential transaction fees and other complications.

 

Accuracy, Completeness, and Timeliness of Information

We are not responsible for the accuracy, completeness, or timeliness of the information available on this site. The material provided is for general information only and should not be relied upon as the sole basis for making decisions. You should consult primary, more accurate, complete, or timely sources of information before making any decisions. Any reliance on the material on this site is at your own risk.

This site may include historical information, which is not current and is provided solely for your reference. We reserve the right to modify the content of this site at any time but are not obligated to update any information. It is your responsibility to monitor any changes to our site.

If the Services include links to third-party sites and resources, these links are provided for your convenience only. We have no control over the content of these sites or resources and accept no responsibility for them or for any loss or damage that may result from your use. Accessing any third-party websites linked to the Services is at your own risk and subject to the terms and conditions of those websites.

 

Product/Service

Certain Services may be available exclusively online through our website. We do not guarantee that the quality of any Services, information, or other materials purchased or obtained will meet your expectations or that any errors in the Service will be corrected. Imitation of our Services is prohibited. You agree that we have the right to remove your access and ban you from our server at any time if we suspect any form of imitation.

 

Prohibited uses

In addition to other prohibitions outlined in the Terms and Conditions, you are expressly prohibited from using the site or its content:

(a) For any unlawful purpose; (b) To solicit others to engage in unlawful acts; (c) To violate any international, federal, provincial, state regulations, rules, laws, or local ordinances; (d) To infringe upon or violate our intellectual property rights or the rights of others; (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) To submit false or misleading information; (g) To upload or transmit viruses or any malicious code that may affect the functionality or operation of the Service, any related website, or the Internet; (h) To collect or track others’ personal information; (i) To spam, phish, pharm, pretext, spider, crawl, or scrape; (j) For any obscene or immoral purpose; (k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) To forge headers or manipulate identifiers to disguise the origin of any information transmitted through the Services; (m) To “frame” or “mirror” any part of the Services without our prior written authorization, or use meta tags or code to direct individuals to any other service or website; (n) To modify, adapt, translate, reverse engineer, decipher, decompile, disassemble, or otherwise alter any part of the Services or any software used in connection with the Services; (o) To attempt unauthorized access to, interfere with, damage, or disrupt any part of the Services; or (p) To interfere with or circumvent the security features of the Services.

We reserve the right to terminate your access to the Service or any related website if you violate any of these prohibited uses.

 

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We cannot ensure that files available for download from the internet or our site are free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to meet your specific needs for anti-virus protection and data accuracy, and for maintaining a means of reconstructing any lost data outside of our site.

We do not warrant that the results obtained from using the Service will be accurate or reliable.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all materials provided through the Service are offered “as is” and “as available,” without any representation, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.

 

Indemnification

You agree to indemnify, defend, and hold harmless KameniczkiFX and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorneys’ fees, made by any third party arising from or related to your breach of these Terms and Conditions or the documents incorporated by reference, or your violation of any law or the rights of a third party.

 

Changes to Terms and Conditions

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to periodically check our website for any changes. Your continued use of or access to our website or the Service after the posting of any changes constitutes your acceptance of those changes.

 

Information about you

All information we collect about you is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Governing Law and Jurisdiction

All matters related to the Services and these Terms and Conditions, including any disputes or claims (whether contractual or non-contractual), shall be governed by and construed in accordance with the internal laws of the state of Delaware, without regard to its conflict of law principles.

Any legal suit, action, or proceeding arising from or related to these Terms and Conditions or the Services shall be exclusively conducted in the federal courts of the United States or the courts of Delaware. However, we retain the right to bring any legal action against you for a breach of these Terms and Conditions in your country of residence or any other relevant jurisdiction. You waive any objections to the exercise of jurisdiction by such courts and to the venue of such courts.

 

Contact Information

For any questions regarding the Terms and Conditions, please contact us at support@kameniczki-fx.com