Terms of Service Agreement

Effective Date: 12/07/2024

Welcome to Flux Charts. By accessing or using our website, tools, and services, you agree to abide by these Terms of Service. If you do not agree to these Terms, you must refrain from using our services.

Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice, and all Agreements: "User," "Customer," "Client," "You," and "Your" refer to you, the individual accessing this website, using the Company's tools, or otherwise engaging with the Company's services, and who agrees to comply with these Terms and Conditions. "The Company," “M\&R Entities Limited Liability Company,” "Ourselves," "We," "Our," and "Us" refer to Flux Charts. "Party," "Parties," or "Us" refers collectively to both the User, Customer, or Client, and the Company. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the User, Customer, or Client in the most appropriate manner for the express purpose of meeting their needs in respect of the provision of the Company's stated services, in accordance with and subject to prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she/they are taken as interchangeable and therefore as referring to the same.

Informational and Educational Purposes Only

Flux Charts provides tools, indicators, and related services designed to support users in understanding trading strategies, analyzing market trends, and improving their knowledge of financial markets. These resources are developed to assist users in making informed decisions and are strictly intended for informational and educational use.

It is important to understand that Flux Charts does not offer personalized financial, investment, or trading advice. The tools and indicators are not a substitute for the expertise and advice of qualified financial professionals. Users are encouraged to seek guidance from licensed financial advisors or professionals regarding their specific trading goals, investment strategies, or financial circumstances.

Flux Charts does not act as a financial advisor, broker, or fiduciary. The information provided by our tools and services does not constitute recommendations for buying, selling, or holding securities, nor does it guarantee the performance of any trading strategies. The use of our services should not be construed as an endorsement of any particular trading or investment activity.

By using Flux Charts' services, users acknowledge that the decisions they make are their own and that Flux Charts is not liable for any outcomes, whether favorable or unfavorable. Users should carefully evaluate their own financial situations, risk tolerances, and market conditions before engaging in any trading activities. The responsibility for all investment and trading decisions lies entirely with the user.

Flux Charts makes no representations or guarantees regarding the accuracy, completeness, or reliability of the information or results generated by its tools. All tools, indicators, and materials are provided “as is” and are intended to supplement, not replace, individual research, professional advice, and due diligence.

Acknowledgment of Risks

Trading and investing in financial markets carry inherent risks that all users must carefully consider. By using Flux Charts' tools and indicators, you expressly acknowledge and accept these risks and understand that trading decisions involve substantial uncertainties. Market conditions are influenced by numerous factors, including economic events, political developments, regulatory changes, and natural disasters, all of which can lead to significant and unpredictable fluctuations in asset values.

Users must understand that trading financial instruments, such as stocks, options, futures, or cryptocurrencies, can result in losses that exceed the initial investment. Leverage, margin trading, and other advanced strategies can magnify both potential gains and losses, increasing the overall risk. It is also possible to lose your entire principal investment, and in certain cases, incur additional liabilities. Flux Charts strongly advises users to trade only with funds they can afford to lose.

By relying on tools and indicators provided by Flux Charts, you agree that such reliance is entirely at your own risk. Flux Charts does not guarantee the profitability or success of any strategy, decision, or action informed by our tools. All trading involves an element of chance, and past performance is not indicative of future results. Historical data, backtested results, and simulated performance do not guarantee that similar outcomes will occur in live trading conditions.

Users must also recognize that technological risks may impact trading activities. Technical failures, system outages, and data inaccuracies can lead to execution delays, missed opportunities, or errors in analysis. While Flux Charts strives to provide reliable tools, no software or system is immune to disruptions or inaccuracies.

Flux Charts encourages users to educate themselves on the risks associated with trading and seek advice from qualified professionals when needed. It is the sole responsibility of the user to assess their financial objectives, risk tolerance, and trading strategies before acting on any information provided by Flux Charts.

By using Flux Charts' tools and services, you assume full responsibility for all trading decisions and outcomes. Flux Charts will not be liable for losses, damages, or any adverse financial consequences resulting from your use of our tools or any trading activities undertaken in reliance on them.

Disclaimer of Liability

Flux Charts expressly disclaims all liability arising from the use or inability to use its tools, indicators, or services. By accessing our platform, you agree that Flux Charts is not responsible for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to financial losses, lost profits, trading losses, or damages resulting from reliance on our tools or indicators.

Our tools and services are provided "as is" and "as available" without any warranties, express or implied. Flux Charts does not guarantee the accuracy, completeness, reliability, or timeliness of the information, data, or results produced by our tools. While we strive to ensure the highest standards of quality and functionality, all data and results should be independently verified and used at your discretion.

Users must understand that hypothetical or backtested results provided by our tools are illustrative and do not reflect actual trading performance. These results are based on historical data and assumptions that may not hold in live market conditions. Past performance is not an indicator or guarantee of future outcomes, and any reliance on such results is entirely at the user's risk.

Flux Charts cannot be held liable for errors, inaccuracies, or omissions in the data presented by its tools. Market data and indicators are subject to external factors such as changes in market conditions, data provider reliability, and unforeseen disruptions. Users should exercise caution and not base critical financial decisions solely on the outputs of our tools.

Additionally, Flux Charts is not liable for damages caused by technical issues, including but not limited to server outages, software bugs, system errors, or interruptions in data transmission. Users are responsible for maintaining their own secure and functional technology environments to access and utilize our services.

Flux Charts shall not be responsible for any loss of data, unauthorized access, or breaches caused by the user's failure to implement appropriate security measures, such as safeguarding login credentials or using secure networks.

In jurisdictions where limitations on liability are restricted by law, Flux Charts' liability shall be limited to the maximum extent permitted by applicable law. By using Flux Charts' tools and services, you agree to hold the company harmless for any claims, damages, or liabilities incurred as a result of your use of our platform.

Not an Investment Advisor

Flux Charts is not registered as an investment adviser with the U.S. Securities and Exchange Commission and does not provide services requiring such registration. Rather, Flux Charts relies upon the “publisher's exclusion” under Section 202(a)(11)(D) of the Investment Advisers Act of 1940 and corresponding state laws, which permits the dissemination of impersonal information for educational purposes. As such, any content, tools, or information provided through Flux Charts' platform are incidental to its role as an educational resource for technical analysis. Flux Charts does not monitor individual user accounts, provide personalized investment strategies, or tailor its resources to any specific user profile. All content, including hypothetical performance data and backtested results, is impersonal and should not be construed as investment advice or as a solicitation to engage in specific financial transactions. Users are solely responsible for their interpretation and application of the resources provided, and Flux Charts strongly recommends consulting a qualified financial professional for guidance tailored to their unique financial circumstances and objectives.

Disclaimer Regarding Hypothetical Performance Results

Hypothetical performance results are inherently limited and should not be relied upon as indicators of actual or future performance. No representation or guarantee is being made that any account will achieve results comparable to the hypothetical outcomes presented. Historical simulations and backtested data often diverge significantly from the results realized in actual trading environments due to the complexities and unpredictability of real-world market conditions.

One of the primary limitations of hypothetical performance results is their reliance on hindsight. Such simulations are constructed using historical data and often assume ideal trading conditions that may not occur in live markets. Hypothetical trading does not account for the financial, psychological, and strategic challenges associated with real trading, including the ability to tolerate significant losses or adhere to a specific trading program during periods of market volatility. These factors can materially affect actual performance and are not reflected in hypothetical results.

Moreover, hypothetical performance results cannot fully capture the impact of unforeseen market events, changes in liquidity, slippage, transaction costs, or other real-world variables that traders encounter. These results also fail to account for the emotional and cognitive biases that often influence decision-making in live trading scenarios.

Users should be aware that hypothetical performance results are presented for educational and informational purposes only, to demonstrate the potential capabilities of Flux Charts' tools under controlled conditions. These results are not indicative of actual trading performance and should not be interpreted as financial advice or a guarantee of future success. Flux Charts strongly advises users to complement hypothetical performance data with independent research, professional guidance, and a comprehensive understanding of market risks before making any trading or investment decisions.

TradingView Disclosure

The charts and technical analysis tools utilized on this site are built on the TradingView platform. TradingView® is a registered trademark of TradingView, Inc., and its services are accessible via www.TradingView.com. Flux Charts operates independently of TradingView and is not affiliated with, endorsed by, or otherwise associated with TradingView, Inc.

TradingView does not have any ownership interest in Flux Charts, its tools, or its services, nor does it provide support, recommendations, or validation of any product or service offered by Flux Charts. The inclusion of TradingView charts is strictly for the convenience of users and does not imply any partnership, sponsorship, or approval by TradingView of the tools, indicators, or services provided on this site.

Users should independently evaluate the tools and services offered by Flux Charts and not assume any relationship between Flux Charts and TradingView beyond the use of TradingView's charting technology as a foundation for certain features.

User Responsibilities

By accessing or using Flux Charts' tools and services, you accept full responsibility for your actions, decisions, and the outcomes derived from the information provided. Flux Charts offers resources to assist users in understanding and analyzing market trends, but the responsibility for trading and investment decisions lies solely with the user.

Users must utilize the tools and services provided by Flux Charts in a lawful and ethical manner. Misuse of these tools, including attempts to reverse-engineer, decompile, or replicate any portion of our proprietary software or services, is strictly prohibited. Redistribution or sharing of our tools, indicators, or any associated content without explicit authorization is a violation of these Terms and may result in immediate termination of access to our platform and possible legal action.

You are responsible for safeguarding your account credentials, including your username, password, and any other authentication methods. Any unauthorized access to your account due to negligence, such as sharing credentials or failing to use secure networks, will be considered your responsibility. Flux Charts is not liable for damages or losses arising from such unauthorized access.

All users must ensure that they have the necessary technical equipment and stable internet connection to access and utilize the services effectively. Flux Charts is not responsible for disruptions caused by the user's inability to maintain a suitable technology environment, including incompatible devices, outdated software, or unreliable internet connectivity.

Users are also responsible for understanding the limitations and inherent risks of the tools provided. No tool or indicator can account for all market conditions, and results generated should always be supplemented with independent research, professional advice, and a comprehensive understanding of the financial markets. Blind reliance on the outputs of the tools, without critical evaluation, is discouraged.

You must comply with all applicable laws, regulations, and industry standards when using our tools and services. Any use of Flux Charts' services for illegal purposes, such as fraud, market manipulation, or unauthorized trading activities, is strictly forbidden and will result in immediate account suspension or termination, along with potential legal consequences.

Flux Charts encourages users to maintain a risk-aware mindset. You are responsible for assessing your financial goals, trading strategies, and risk tolerance before acting on any information derived from our tools. Any financial losses incurred are your sole responsibility, and Flux Charts disclaims liability for the results of your trading activities.

Users must respect the intellectual property rights of Flux Charts. All tools, indicators, and materials provided on the platform remain the exclusive property of Flux Charts and are protected by copyright, trademark, and other intellectual property laws. Unauthorized copying, reproduction, or use of these resources is strictly prohibited and may result in legal action.

Subscription Models and Payments

Flux Charts offers subscription-based services, which renew automatically unless canceled before the renewal date. Users are responsible for all fees associated with their subscription and must ensure payment information is accurate and up-to-date. Refunds are granted solely at the discretion of Flux Charts. Subscription prices are subject to change, with users being notified in advance of any adjustments to fees.

Account Suspension and Termination

Flux Charts reserves the right to suspend or terminate your access to its tools, services, and platform at its sole discretion, without prior notice, for any violation of these Terms or any misuse of its resources. Misuse includes, but is not limited to, the following:

Termination may also occur if Flux Charts determines that your actions pose a threat to its platform, intellectual property, or the rights and safety of other users. In such cases, Flux Charts reserves the right to take all necessary legal action to enforce these Terms, including seeking damages and injunctive relief.

If your account is terminated due to misuse or violation of these Terms, you will not be entitled to a refund of any fees paid. Access to Flux Charts' tools, services, and data will cease immediately upon termination, and any remaining obligations under these Terms, including indemnification, disclaimers, and limitations of liability, shall survive termination.

Flux Charts reserves the right to terminate or suspend services to any user at its sole discretion if it determines such action is necessary to maintain the integrity, security, or lawful operation of its platform.

##

Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising under these Terms shall be resolved through binding arbitration conducted in New Jersey under the rules of the American Arbitration Association. The arbitration will be conducted by a single arbitrator mutually agreed upon by the parties or, failing agreement, appointed by the AAA. Each party shall bear its own arbitration costs and attorney's fees unless the arbitrator determines otherwise. The arbitrator's decision will be final and enforceable in a court of competent jurisdiction.

Flux Charts may seek injunctive relief in a court of law to protect its intellectual property or enforce these Terms. Users expressly waive the right to bring claims as part of a class or collective action.

Governing Law

These Terms and any disputes arising from or related to your use of Flux Charts' tools, services, or platform shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Users agree that any legal proceedings not subject to arbitration under these Terms must be brought exclusively in the state or federal courts located in New Jersey. By accessing or using Flux Charts' services, you consent to the jurisdiction of such courts and waive any objections to venue or jurisdiction that may otherwise be available to you. This provision ensures consistency and predictability in the resolution of legal disputes while respecting the laws of the governing jurisdiction.

Amendments to Terms

Flux Charts reserves the right to modify, amend, or update these Terms at any time, at its sole discretion. Any changes to these Terms will become effective immediately upon their posting on the Flux Charts website or upon notification via email or other communication channels, as deemed appropriate by Flux Charts. It is the responsibility of users to regularly review these Terms to remain informed of any modifications. By continuing to access or use Flux Charts' tools, services, or platform after changes are implemented, you acknowledge and agree to be bound by the updated Terms. If you do not agree with the amended Terms, you must discontinue your use of Flux Charts' services immediately. This provision ensures that the Terms remain current and reflective of the evolving nature of Flux Charts' offerings and legal obligations.

Payment and Cancellation of Service

By ordering any subscription on www.fluxcharts.com, you confirm that you have read and accepted our Terms of Use and you authorize Flux Charts to automatically charge your bank card or PayPal account according to the billing period manually selected by you.

Each user can try any paid plan for 7 days with a guarantee of refund. If the trial is not canceled before its expiration date, it automatically converts to a monthly, quarterly, or annual paid plan depending on the user's choice. There are no refunds for monthly or quarterly plans, even if the subscription is canceled on the same day as the auto-conversion payment has gone through. Refunds are available only after an automatic deduction for annual payments (i.e., after trial and after renewal) within 14 calendar days after the payment was made. Please note that users who file a chargeback/dispute request or a claim are not eligible for a refund. A canceled trial and associated services will stop immediately after cancellation, except for any data packages that were purchased.

The service is billed in advance on a monthly, quarterly, or annual basis. There will be no refunds or credits for partial months of service, or refunds for months unused with an open user account. If auto-renewal fails for an annual plan, you will automatically be switched to a monthly plan.

All billing is recurring, which means you will continue to get billed until you cancel your subscription. You are solely responsible for properly canceling your Flux Charts subscription. An email request or support ticket asking for your subscription to be canceled is not considered cancellation. You may cancel your subscription at any time by visiting the billing section of your Flux Charts account page.

If you cancel the service before the end of your current paid-up period, your subscription will remain active until the next due date. After the due date, if no payment is received, your subscription will be stopped.

Refunds are available only after an automatic deduction for annual payments (i.e., after trial and after renewal) within 14 calendar days after the payment was made.

Our moderators are official Flux Charts representatives, with the authority to warn or ban users (including those with a paid subscription) when they do not abide by the House Rules. We do not offer refunds in case you are banned from publishing content and interacting with others because your paid subscription and all of its data and/or features are still available during any such ban.

Prohibited Activities

Users of Flux Charts' tools and services must refrain from engaging in any activities that misuse, compromise, or violate the integrity of the platform. Such prohibited activities include reverse-engineering, decompiling, or disassembling any part of Flux Charts' proprietary tools or software; redistributing, sharing, or sublicensing access to the tools, indicators, or services without prior written authorization; and copying, reproducing, or creating derivative works from any content, tools, or data provided by Flux Charts. Unauthorized attempts to bypass security measures, interfere with the platform's functionality, or gain unauthorized access to Flux Charts' systems are strictly forbidden, as are any uses of the platform to engage in unlawful conduct, such as market manipulation or fraudulent trading practices. Users must not provide false or misleading information during account registration or use automated systems such as bots or scrapers to extract data or content without express authorization. Additionally, any actions that infringe upon Flux Charts' intellectual property rights, including unauthorized use of trademarks, copyrighted materials, or proprietary content, are strictly prohibited. Violation of these prohibitions will result in immediate suspension or termination of access to Flux Charts' tools and services, as well as potential legal action to protect the platform's rights and interests.

Contact Information
For any questions or concerns regarding these Terms, please contact Flux Charts at: info@fluxcharts.com