# Terms of Service for iOS Users

**Version:** 1.0 (iOS Compliant)

**Effective Date:** November 14, 2025

**Last Updated:** November 14, 2025

These Terms of Service ("Terms") create a binding legal agreement between you ("User", "you") and Opes Borsa Technologies Limited ("Opes Borsa", "Company", "we", "us", "our"). By downloading, installing, or using the Opes Borsa application from the Apple App Store, you agree to comply with and be bound by these Terms.

**IMPORTANT:** If you do not agree to these Terms, do not download, install, or use the application.

---

## 1. Apple App Store Compliance

### 1.1 App Store Terms

Your use of the Opes Borsa app is also subject to Apple's Terms of Service and App Store Terms and Conditions. In the event of any conflict between these Terms and Apple's terms, Apple's terms shall prevail regarding your relationship with Apple.

### 1.2 Apple as Third Party

Apple is not a party to these Terms and has no responsibility for the Opes Borsa app or its content. Apple has no obligation to provide maintenance or support services for the app.

### 1.3 Subscription Management

All subscription purchases are processed through the Apple App Store. To manage or cancel your subscription, use your Apple ID account settings or the Subscription section in the Opes Borsa app.

---

## 2. Eligibility and Account Requirements

### 2.1 Age Requirement

You must be at least **18 years old** to use this service. This is a strict requirement due to the financial nature of our content and services.

**Age Verification:**

During account creation, you must:

- Affirm you are 18 years or older

- Understand that providing false age information may result in immediate account termination

- Accept that we may verify age if we suspect you are underage

### 2.2 Account Creation

- Provide accurate and complete information during registration

- Maintain the confidentiality of your account credentials

- You are responsible for all activities under your account

- Notify us immediately of any unauthorized use (info@opesborsa.com)

### 2.3 Account Security

You are responsible for:

- Maintaining a strong, unique password

- Enabling two-factor authentication (recommended)

- Not sharing your account credentials with anyone

- Logging out when using shared devices

### 2.4 Apple ID Integration

If you sign in using your Apple ID, you agree that we may access and use the information provided by Apple according to your Apple ID privacy settings and our Privacy Policy.

---

## 3. Financial Disclaimers and Regulatory Compliance

### ⚠️ CRITICAL DISCLAIMERS - READ CAREFULLY

### 3.1 Not Financial Advice

**This application does NOT provide investment advice.** All content is for **informational and educational purposes only**. We are not licensed financial advisors, and our content should not be considered as:

- Investment recommendations

- Financial planning advice

- Trading signals or strategies constituting advice

- Professional financial counsel

- Buy, sell, or hold recommendations specific to you

**No Advisory Relationship:**

- We do not assess your financial circumstances, investment objectives, or risk tolerance

- We do not provide personal recommendations tailored to you

- We do not know-your-customer (KYC) or assess appropriateness/suitability

- Any content you see is generic information, not personal advice

### 3.2 Market Data Accuracy

Market data may be delayed by up to 20 minutes for free users. Data is sourced from public and/or third-party providers and may contain errors, omissions, or be incomplete.

**Important Limitations:**

- Real-time data requires Premium subscription

- Data accuracy is NOT guaranteed

- Data may become stale, outdated, or incorrect without notice

- Third-party data providers may experience outages or delays

- Do NOT rely on our data for time-sensitive trading decisions

**No Guarantee of Accuracy:**

We make no warranty that:

- Market data is accurate, complete, or current

- Real-time data is actually real-time (technical delays may occur)

- Historical data is free from errors

- Third-party data sources are reliable

### 3.3 Investment Risks

**Trading and investing involve substantial risk of loss, including total loss of capital.** You acknowledge and accept that:

**Risk Warnings:**

- You could lose all money you invest

- Past performance does NOT guarantee future results

- Market conditions can change rapidly and unpredictably

- Investments are subject to market risk, volatility, and external factors beyond your or our control

- Leveraged products (if you trade them) can amplify losses

**Your Responsibilities:**

- Conduct your own independent research before making investment decisions

- Consult with qualified, licensed financial advisors authorized by the FCA or relevant regulator

- Never invest more than you can afford to lose

- Understand all risks associated with the investments you make

- Verify all information independently before acting on it

**We Are NOT Responsible For:**

- Your investment decisions or trading strategies

- Losses you incur based on information from our app

- Missed opportunities or failed trades

- Decisions you make based on our content

### 3.4 UK Financial Conduct Authority (FCA) Compliance

**Regulatory Status:**

Opes Borsa Technologies Limited is **NOT** authorized or regulated by the UK Financial Conduct Authority (FCA). We are an **information service provider only** and do not:

- Provide regulated investment advice

- Execute trades or hold client funds

- Operate as a trading platform or exchange

- Offer insurance, banking, or other regulated financial services

- Act as a financial intermediary or broker

**Information Only:**

All content provided through the Opes Borsa application constitutes **"factual information"** or **"generic commentary"** as defined by FCA guidelines, and does not constitute:

- Personal recommendations under FCA COBS 9.2

- Investment research under FCA COBS 12.2

- Advice on investments under Article 53 FSMA 2000 (Regulated Activities) Order 2001

- Financial promotions requiring FCA approval under Section 21 FSMA 2000

**Seek Professional Advice:**

Before making any investment decisions, you should:

- Consult with an **FCA-authorized financial adviser** who can assess your personal circumstances

- Ensure any adviser you consult is listed on the FCA Register: https://register.fca.org.uk/

- Understand that only FCA-authorized persons can provide regulated investment advice in the UK

**No Client Money Handling:**

We do not hold, control, or have access to your funds. All subscription transactions are processed by Apple Inc. We do not require or request:

- Bank account details or banking credentials

- Trading platform credentials or API keys

- Credit card information (processed by Apple)

- Access to your brokerage or investment accounts

**Reporting Unauthorized Activity:**

If you believe we are providing regulated services without authorization, you may report this to the FCA Consumer Helpline: 0800 111 6768 or https://www.fca.org.uk/consumers/report-scam-unauthorised-firm

### 3.5 EU Securities Regulation Compliance (MiFID II / ESMA)

**For Users in the European Union:**

**Regulatory Status:**

Opes Borsa Technologies Limited is **NOT** authorized to provide investment services under the Markets in Financial Instruments Directive (MiFID II) or regulated by any EU securities regulator (ESMA, national competent authorities).

**Not Investment Services:**

We do NOT:

- Provide investment advice as defined under MiFID II Article 4(1)(4)

- Execute orders or manage portfolios (MiFID II investment services)

- Operate a trading venue or multilateral trading facility (MTF)

- Offer crowdfunding or securities offerings

**Not Investment Research:**

Our content does NOT constitute "investment research" as defined under MAR (Market Abuse Regulation) or MiFID II. We do not claim objectivity or independence typical of investment research.

**Generic Information Only:**

All content is generic market commentary and factual data, NOT personalized to your financial situation, risk tolerance, or investment objectives.

**Seek Professional Advice:**

Before investing, consult with a MiFID-authorized investment firm that can assess appropriateness and suitability under MiFID II Articles 25(2) and 25(3).

---

## 4. Premium Subscription Services

### 4.1 Opes Borsa Premium Features

Premium subscription provides access to:

- Enhanced market data and real-time quotes (subject to data provider availability)

- AI-powered insights and market sentiment analysis

- Real-time notifications and customizable alerts

- Advanced portfolio management tools

- Premium news and research content

- Extended historical data access

**Note:** Features subject to change. We may add, modify, or discontinue features with reasonable notice.

### 4.2 Subscription Terms (Apple App Store)

**Billing:**

- Subscriptions are processed through Apple's payment system

- Billing is monthly or annual (depending on plan selected)

- Automatic renewal unless cancelled 24 hours before period ends

- Prices are set in your local currency through the App Store

- Cancel anytime through Apple ID account settings (Settings > [Your Name] > Subscriptions)

**Price Changes:**

- We may change subscription prices with 30 days' notice

- Existing subscribers will be notified before price change takes effect

- Continued use after price change constitutes acceptance

### 4.3 Subscription Management

**Cancellation:**

- Users can cancel subscriptions through Apple ID settings

- Cancellation takes effect at the end of the current billing period

- No refunds for partial subscription periods (see Section 4.4)

- Premium features remain active until subscription expires

- You can re-subscribe at any time

**Free Trials (if applicable):**

- Free trials (if offered) automatically convert to paid subscription unless cancelled before trial end

- Cancel during trial to avoid charges

- One free trial per user/Apple ID

### 4.4 Refund Policy

**Apple's Refund Policy Applies:**

Refunds are subject to Apple's refund policies, not our own. We do not process refunds directly.

**To Request a Refund:**

- Contact Apple Support: https://support.apple.com/billing

- Or request through: https://reportaproblem.apple.com/

- State your reason for requesting a refund

**Our Discretion:**

In exceptional circumstances (e.g., technical issues preventing use, accidental duplicate purchase), we may authorize a refund at our sole discretion. Contact info@opesborsa.com with your receipt.

**No Refunds For:**

- Change of mind after purchase

- Unused portion of subscription period after cancellation

- Lack of trading profits or investment losses

- Market volatility or data inaccuracies

- Failure to cancel before auto-renewal

---

## 5. Prohibited Activities

You may NOT use the service to:

**Illegal Activities:**

- Violate any local, national, or international laws or regulations

- Engage in money laundering, terrorism financing, or sanctions evasion

- Manipulate markets or engage in insider trading

- Conduct any illegal trading or financial activity

**Misuse of Service:**

- Reverse engineer, decompile, or attempt to extract source code from the app

- Use automated systems, bots, or scrapers to access the service without permission

- Attempt to gain unauthorized access to our systems, networks, or other users' accounts

- Interfere with or disrupt the service, servers, or networks

- Circumvent any security features or access controls

**Prohibited Content:**

- Share false, misleading, or fraudulent information

- Impersonate any person or entity

- Harass, threaten, or abuse other users or our support team

- Post or transmit any malware, viruses, or malicious code

**Unauthorized Financial Activities:**

- Provide unauthorized financial advice to others using our platform

- Use the service to solicit investments or offer securities

- Operate as a financial adviser or broker without proper authorization

- Claim our content as your own advice or recommendations

**Account Misuse:**

- Create multiple accounts to abuse free trials or promotions

- Share your account credentials with others

- Sell, transfer, or sublicense your account to others

- Use another person's account without permission

**Violation Consequences:**

Violation of these prohibited activities may result in:

- Immediate account suspension or termination

- Legal action if violation involves illegal activity

- Reporting to law enforcement or regulatory authorities

- No refund of subscription fees

---

## 6. Intellectual Property

### 6.1 Our Content

All content, features, and functionality are owned by Opes Borsa and protected by intellectual property laws including:

**Protected Material:**

- Trademarks and service marks ("Opes Borsa" name and logo)

- Copyrighted materials and content (text, graphics, charts, UI designs)

- Proprietary algorithms, AI models, and software code

- User interface designs and layouts

- Data compilation and presentation

- Trading signal methodologies and calculations

### 6.2 Your License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to:

- Access and use the app for personal, non-commercial purposes

- View and interact with content within the app

- Download your personal data for personal backup

**Restrictions:**

You may NOT:

- Copy, distribute, or reproduce any content without permission

- Use our trademarks or branding without written authorization

- Create derivative works based on our service

- Sell, sublicense, or transfer your account or license to others

- Use content for commercial purposes (e.g., reselling data, integrating into other services)

- Remove or alter any copyright, trademark, or proprietary notices

### 6.3 Trademark Usage

**Our Trademarks:**

"Opes Borsa", the Opes Borsa logo, and other marks are trademarks of Opes Borsa Technologies Limited.

**Prohibited Uses:**

You may not use our trademarks:

- In a way that suggests endorsement or affiliation without our permission

- In domain names, social media handles, or business names

- In a manner that causes confusion about the source of products/services

- In a manner that disparages or damages our reputation

**Fair Use:**

You may use our trademarks for nominative fair use (accurately referring to our service) or factual, non-misleading comparisons.

### 6.4 Proprietary Algorithms and Trade Secrets

Our algorithms, AI models, signal generation methodologies, and proprietary processes are trade secrets. You may NOT:

- Reverse engineer or attempt to discover our algorithms or models

- Use automated tools to scrape, extract, or replicate our data or insights

- Recreate or replicate our signals, recommendations, or methodologies

- Disclose or share proprietary methodologies with third parties

### 6.5 User-Generated Content

If you submit content (feedback, suggestions, comments, portfolio shares):

- You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content

- You retain ownership of your content

- We have no obligation to compensate you or use your suggestions

- Do not submit confidential or proprietary information you wish to protect

---

## 7. Privacy and Data Protection

### 7.1 Data Collection

We collect and process personal data as described in our Privacy Policy, which is incorporated into these Terms by reference.

**Privacy Policy Location:**

- In-App: Settings > Privacy Policy

- Website: https://www.opesborsa.com/privacy-policy

**Important Privacy Highlights:**

- We collect: Email, name, watchlist/portfolio data, usage analytics

- We do NOT collect: Credit cards, bank accounts, phone numbers, trading credentials

- Data stored in EU (Frankfurt, Germany) - full GDPR protection

- You can delete your account anytime: Settings > Account > Delete Account

### 7.2 Apple Privacy Requirements

We comply with Apple's privacy requirements including:

- **App Tracking Transparency (ATT)** framework - requesting permission before cross-app tracking

- Providing clear privacy labels in the App Store

- Limiting data collection to stated purposes

- iOS Privacy Manifest declarations for required APIs

**Your Privacy Controls:**

- Control tracking: iOS Settings > Privacy > Tracking > Opes Borsa

- Manage notifications: iOS Settings > Opes Borsa > Notifications

- Limit ad tracking: iOS Settings > Privacy > Advertising

---

## 8. Disclaimers, Limitations of Liability, and Damages Cap

**IMPORTANT LEGAL NOTICE:** The limitations in this section affect your legal rights and remedies. Please read carefully.

### 8.1 No Warranties; Service "AS IS"

**DISCLAIMER OF ALL WARRANTIES:**

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPES BORSA PROVIDES THE APPLICATION AND ALL SERVICES ON AN **"AS IS"** AND **"AS AVAILABLE"** BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

**We Specifically Disclaim:**

- **Implied Warranties:** MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, QUIET ENJOYMENT

- **Service Quality:** We do NOT warrant the service will be error-free, uninterrupted, secure, or meet your requirements

- **Data Accuracy:** We do NOT warrant market data is accurate, complete, timely, or error-free

- **Profitability:** We do NOT guarantee any investment success, returns, or profitability

**Your Sole Responsibility:**

You are solely responsible for:

- Evaluating the accuracy and completeness of all information

- Consulting with qualified financial advisors

- Making your own independent investment decisions

- Conducting your own due diligence

### 8.2 Exclusion of Consequential and Indirect Damages

**TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPES BORSA SHALL NOT BE LIABLE FOR:**

**Indirect Damages:**

- Lost profits or revenue

- Loss of business opportunities or anticipated savings

- Loss of goodwill or reputation

- Loss of data (except as required by data protection law)

**Consequential Damages:**

- Trading losses or investment losses of any kind

- Opportunity costs from missed trades or incorrect data

- Losses from inability to access the service or service outages

- Losses from reliance on inaccurate data or delayed information

**Special Damages:**

- Emotional distress

- Punitive or exemplary damages (except where required by statute)

- Third-party claims

- Cost of substitute services

**Even If:** Opes Borsa has been advised of the possibility of such damages, such damages were foreseeable, or the remedy fails of its essential purpose.

### 8.3 Monetary Damages Cap

**Maximum Liability:**

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPES BORSA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF:

1. **£100 (One Hundred Pounds Sterling)**, or

2. **The total amount you paid to Opes Borsa in subscription fees in the 12 months preceding the claim**

**Examples:**

- Free User: Maximum liability = £100

- Premium User (£10/month for 6 months paid): Maximum liability = £60

- Premium User (£10/month for 2 years): Maximum liability = £120 (last 12 months only)

**Application:**

- This cap applies regardless of legal theory (contract, tort, negligence, strict liability)

- This cap applies even if your damages exceed this amount

- This cap applies to all claims in aggregate, not per claim

### 8.4 Financial Losses Disclaimer

**NO LIABILITY FOR TRADING LOSSES:**

You expressly acknowledge and agree that:

- We are NOT liable for any trading losses, investment losses, or financial losses

- We do NOT guarantee profitability, returns, or investment success

- We are NOT responsible for market volatility, crashes, or unpredictable events

- We are NOT responsible for losses from following signals, alerts, or content (even Premium features)

- We are NOT responsible for missed opportunities due to service outages or data delays

**You Assume ALL Risk:**

- Your investment and trading decisions and their outcomes

- Your interpretation and use of our data and tools

- Market risk, volatility, and unpredictability

- Regulatory changes affecting your investments

### 8.5 Service Availability

**No Guarantee of Uptime:**

We do NOT guarantee:

- Uninterrupted service availability or specific uptime percentage

- That the service will be available at all times

- That technical issues will not occur

**No Liability For:**

- Service interruptions, downtime, or outages (scheduled or unscheduled)

- Data loss or corruption (maintain your own backups via data export)

- Technical failures, bugs, errors, or performance issues

- Third-party service disruptions (cloud provider, Apple, market data providers)

- Cybersecurity attacks or data breaches (except as required by data protection law)

### 8.6 Third-Party Content and Services

**No Liability For:**

- Third-party market data providers (accuracy, availability, delays)

- Third-party news sources or research content

- Apple App Store availability or policy changes

- Links to external websites or resources

- Failures of third-party services integrated with the app

### 8.7 UK/EU Consumer Rights (Cannot Be Excluded)

**For users resident in the United Kingdom or European Union,** nothing in these Terms excludes or limits liability for:

**Cannot Be Excluded:**

- Death or personal injury caused by our negligence

- Fraud or fraudulent misrepresentation

- Breach of statutory rights under the Consumer Rights Act 2015 (UK):

- Right to receive services with reasonable care and skill

- Right to receive services as described

- Right to receive services within a reasonable time

- Any other liability that cannot be excluded or limited by UK/EU law

**Reasonableness Test:**

All liability limitations are subject to the reasonableness test under UK Unfair Contract Terms Act 1977 and Consumer Rights Act 2015. If any limitation is found unreasonable, it will be modified to the minimum extent necessary to make it reasonable and enforceable.

**EU Consumer Directive:**

For EU consumers, nothing in these Terms affects your statutory rights under EU consumer protection directives.

### 8.8 Time Limitation for Claims

**Claims Must Be Brought Promptly:**

Any claim arising out of or relating to these Terms or the service must be brought within **ONE (1) YEAR** from the date the cause of action accrued or you knew/should have known of the facts giving rise to the claim.

**Failure to Bring Timely Claim:**

Any claim not brought within this one-year period is permanently barred, to the maximum extent permitted by law.

**Exception:** This limitation does not apply to claims that cannot be time-barred by contract under applicable law (e.g., certain UK/EU statutory rights).

---

## 9. Apple-Specific Terms

### 9.1 Device Requirements

- Compatible with iOS devices meeting minimum system requirements (iOS 15.0 or later)

- Performance may vary based on device specifications and available storage

- Some features may require specific iOS versions or device capabilities (e.g., Face ID, Touch ID)

### 9.2 Third-Party Beneficiary

You acknowledge that these Terms are between you and Opes Borsa only, not Apple. Apple is not responsible for:

- The app or its content

- Maintenance or support services (contact us at info@opesborsa.com)

- Product liability claims

- Intellectual property infringement claims

- Compliance with applicable laws

### 9.3 Apple Rights

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

### 9.4 Export Compliance

You represent and warrant that:

- You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country

- You are not listed on any U.S. Government list of prohibited or restricted parties

- You will not use the app in violation of any U.S. export restrictions

---

## 10. Modifications to Terms

### 10.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes will be effective:

- **30 days after** posting updated Terms in the app (for material changes)

- **Upon your continued use** of the service after the effective date

- **When required** by law, regulation, or Apple policy changes

### 10.2 Notification of Changes

We will notify you of material changes through:

- **In-app notification** banner

- **Email notification** to your registered email address

- **App Store update** notes (for version updates)

### 10.3 Material Changes

Material changes include:

- Changes to pricing or billing

- Changes to key features or services

- Changes to liability limitations or dispute resolution

- Changes to your rights or our obligations

### 10.4 Your Options After Changes

If you do not agree with the changes:

1. **Stop using the service** within 30 days of notification

2. **Cancel your subscription** through Apple ID settings

3. **Delete your account** via Settings > Account > Delete Account

4. **Continued use** after the effective date constitutes acceptance of the new Terms

---

## 11. Termination and Suspension

### 11.1 Your Right to Terminate

**Termination at Will:**

You may terminate your account at any time by:

1. **In-App:** Settings > Account > Delete Account

2. **Email:** info@opesborsa.com with subject "Account Termination Request"

3. **Subscription:** Cancel Premium through Apple ID settings

**Effect:** Account termination is immediate. Premium subscription remains active until current billing period ends. No refunds for partial periods.

### 11.2 Our Right to Terminate or Suspend

**Immediate Termination (with cause):**

We may terminate or suspend your account immediately without notice if:

- You breach any provision of these Terms

- You violate Prohibited Activities (Section 5)

- You provide false or misleading information

- You engage in fraudulent activity or payment disputes

- Your use violates applicable laws or regulations

- We receive a court order or legal demand requiring termination

- Your account poses a security risk to other users or our systems

- You are under 18 years old (age requirement violation)

**Termination Without Cause:**

We may also terminate your account without cause upon **30 days' prior written notice** to your registered email address (e.g., if we discontinue the service).

### 11.3 Suspension (Temporary)

We may suspend (rather than terminate) your account if:

- We are investigating a potential Terms violation

- We need to verify your identity or account information

- You have disputed a payment or requested a chargeback

- We are complying with a legal or regulatory investigation

- Temporary suspension is necessary to protect our systems

**Duration:** Suspension may last up to 30 days while we investigate. If unresolved, we may terminate.

**During Suspension:** You cannot access your account, but your data is preserved. Subscription continues (no refund for suspension period).

### 11.4 Effect of Termination

**Immediate Effects:**

- Access to the service immediately revoked

- You can no longer log in or use features

- Watchlists, portfolios, settings no longer accessible

- Premium features immediately disabled

**Data Retention:**

See Privacy Policy Section 7 for data retention and deletion timelines:

- Personal data: Deleted within 30 days (except financial records retained 7 years per UK law)

- Usage logs: Retained 90 days for security/fraud prevention

- Backups: May persist up to 90 days, then permanently deleted

**No Refunds:**

Termination does not entitle you to refund of subscription fees already paid or unused portion of current period (except if we terminate without cause - prorated refund at our discretion).

### 11.5 Survival After Termination

The following provisions survive termination:

- Section 3: Financial Disclaimers

- Section 6: Intellectual Property

- Section 7: Privacy (our privacy obligations continue)

- Section 8: Limitation of Liability

- Section 12: Dispute Resolution and Arbitration

- Section 13: Indemnification

- Any other provision which by its nature should survive

---

## 12. Dispute Resolution and Arbitration

**IMPORTANT LEGAL NOTICE: Please read this arbitration agreement carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.**

### 12.1 Binding Arbitration Agreement

**Mutual Agreement:**

You and Opes Borsa mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the service, any services provided, the breach/termination/interpretation of these Terms, or any alleged trading/investment losses shall be resolved by **binding individual arbitration** rather than in court, except as set forth in Section 12.7.

**What This Means:**

By agreeing to arbitration, you understand and agree that:

- You are waiving your right to have a trial by judge or jury

- You are waiving your right to participate in a class action lawsuit or class-wide arbitration

- Arbitration procedures are generally simpler and more limited than court procedures

- Arbitration awards are subject to very limited review by courts

- An arbitrator can award the same damages and relief as a court

### 12.2 Arbitration Rules and Forum

**Governing Rules:**

Arbitration will be conducted by **JAMS (Judicial Arbitration and Mediation Services)** under the **JAMS Streamlined Arbitration Rules & Procedures**.

**Alternative (UK/EU Users):**

For users resident in the United Kingdom or European Union, arbitration will be conducted by **LCIA (London Court of International Arbitration)** under LCIA Arbitration Rules.

**Language:** All arbitration proceedings will be conducted in English.

**Location:**

- **UK/EU Users:** London, England

- **US Users:** Your county of residence

- **Other Users:** London, England or mutually agreed location

**Arbitrator:**

The arbitrator shall be selected according to applicable arbitration rules. The arbitrator must be neutral, impartial, and have at least 10 years of experience in law, preferably with knowledge of technology and financial services.

### 12.3 Arbitration Procedures

**Initiating Arbitration:**

To initiate arbitration, send a written Notice of Dispute to:

- **Email:** info@opesborsa.com

- **Mail:** Opes Borsa Technologies Limited, Legal Department, 434-436 Essex Road, London, England, N1 3QP

**Notice Must Include:**

- Your full name, address, email, phone number

- Description of the dispute or claim

- Relief or remedy sought

- Copies of relevant documents

**Informal Resolution First (Required):**

Before filing for arbitration, you must first attempt to resolve the dispute informally:

1. Send Notice of Dispute (as described above)

2. Participate in good faith negotiations for **60 days**

3. If unresolved after 60 days, either party may commence arbitration

### 12.4 Arbitration Fees

**Filing Fees:**

- If your claim is for less than **£10,000** (or equivalent), Opes Borsa will pay all arbitration filing fees

- For claims over £10,000, fees split according to arbitration rules

**Administrative Fees:**

Each party pays their own administrative fees, unless the arbitrator orders otherwise.

**Attorney Fees:**

Each party pays their own attorney fees, unless:

- Applicable law provides otherwise, or

- The arbitrator determines a party's claim/defense was frivolous or brought in bad faith

### 12.5 Class Action Waiver

**NO CLASS ACTIONS:**

You and Opes Borsa agree that each may bring claims against the other **only in an individual capacity** and NOT as a plaintiff or class member in any purported class or representative action.

**Specific Waivers:**

You expressly waive:

- Class arbitration

- Class action lawsuits

- Private attorney general actions

- Consolidation of your claim with claims of others

- Any proceeding where you are represented as part of a group

**Separate Arbitrations:**

If multiple users have similar claims, each claim must be arbitrated separately. The arbitrator may not consolidate claims without written consent of all parties.

**Class Action Waiver Severability:**

If this class action waiver is found unenforceable for any reason, then the entire arbitration agreement (Section 12) shall be null and void, and disputes will be resolved in court. However, all other provisions of these Terms remain enforceable.

### 12.6 Opt-Out Right

**30-Day Opt-Out Period:**

You have the right to opt-out of this arbitration agreement within **30 days** of first agreeing to these Terms.

**How to Opt-Out:**

Send an email to info@opesborsa.com with:

- Subject: "Arbitration Opt-Out"

- Your full name and email address associated with your account

- Statement: "I opt out of the arbitration agreement in the Terms of Service"

**Effect of Opt-Out:**

- You and Opes Borsa will not be bound by this arbitration agreement

- All other terms continue to apply

- Disputes will be resolved in court under Section 12.8

- You cannot opt-out after the 30-day period

**No Penalty:**

Opting out will NOT affect your ability to use the service in any way.

### 12.7 Exceptions to Arbitration

The following disputes are NOT subject to arbitration and may be brought in court:

1. **Small Claims:** Individual actions in small claims court (within jurisdictional limits)

2. **Injunctive Relief:** Emergency requests for injunctive/equitable relief for IP infringement, data breaches, or irreparable harm

3. **Regulatory Actions:** Complaints to regulatory authorities (FCA, ICO, etc.)

4. **Criminal Matters:** Criminal investigations or prosecutions

### 12.8 Governing Law and Jurisdiction (If No Arbitration)

**Governing Law:**

These Terms are governed by the laws of **England and Wales**, without regard to conflict of law principles.

**Exclusive Jurisdiction (If Arbitration Doesn't Apply):**

If arbitration does not apply (due to opt-out, exception, or unenforceability), you agree that:

- Any legal action must be brought exclusively in the courts of England and Wales

- Specifically: The High Court of Justice in London

- You submit to the personal jurisdiction of these courts

- You waive any objection to venue or forum non conveniens

**EU/UK Consumer Rights Preserved:**

Nothing prevents EU consumers from bringing claims in their country of residence (where required by EU law) or UK consumers from exercising statutory rights under the Consumer Rights Act 2015.

### 12.9 Acknowledgment

You acknowledge that:

- You have read and understood this arbitration agreement

- You voluntarily agree to arbitration

- You understand you are waiving your right to trial by jury

- You understand you are waiving your right to participate in class actions

- You have the right to consult with an attorney before agreeing

- You have the right to opt-out within 30 days

---

## 13. Indemnification

### 13.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Opes Borsa Technologies Limited, its affiliates, officers, directors, employees, agents, and contractors (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

**Your Use:**

- Any trading or investment decisions you make based on information from the app

- Your breach or alleged breach of these Terms

- Your violation of any law, regulation, or third-party rights

- Your use of the service in a manner not authorized by these Terms

**Your Content and Conduct:**

- Any content you submit, post, or transmit through the service

- Your interactions with other users

- Any false, inaccurate, or misleading information you provide

- Your violation of securities laws or regulations

**Third-Party Claims:**

- Claims that your use infringes third-party intellectual property rights

- Claims arising from your provision of unauthorized financial advice to others

- Claims by your creditors, tax authorities, or regulators related to your trading

- Claims from your use of the service to manipulate markets or engage in illegal trading

**Account Security:**

- Unauthorized use of your account due to your failure to maintain account security

- Your sharing of account credentials with third parties

- Use of your account by minors or others who don't meet eligibility requirements

### 13.2 Indemnification Process

**Notice:**

We will provide prompt written notice of any claim subject to indemnification. Failure to provide prompt notice does not relieve you of obligations except to the extent materially prejudiced.

**Defense:**

We reserve the right to assume exclusive defense and control of any matter subject to indemnification. You will cooperate fully, and you may not settle any claim without our prior written consent.

### 13.3 Survival

Your indemnification obligations survive termination of your account, termination of these Terms, and termination of your use of the service.

---

## 14. Force Majeure

### 14.1 Definition

Neither party shall be liable for failure or delay in performance (except payment obligations) caused by circumstances beyond reasonable control ("Force Majeure Event"), including:

**Examples:**

- Natural disasters (earthquakes, floods, fires, pandemics)

- Technology failures (internet outages, power failures, cloud provider outages)

- Cybersecurity events (DDoS attacks, hacking despite reasonable security)

- Government actions (laws, regulations, embargoes, civil unrest, war)

- Labor disruptions not involving our own employees

- Failure of critical third-party services (market data providers, Apple App Store)

### 14.2 Obligations During Force Majeure

**Notice:**

The affected party must notify the other promptly (within 5 business days) with details and expected duration.

**Mitigation:**

The affected party must use commercially reasonable efforts to mitigate effects and resume performance as soon as possible.

**What We'll Do:**

- Post status updates in-app and on website

- Provide email notifications if possible

- Communicate estimated restoration timeline if known

### 14.3 Effect

**Suspension:**

Obligations are suspended for the duration of the Force Majeure Event. Neither party is liable for losses, damages, or delays caused by Force Majeure.

**No Refunds:**

Force Majeure Events do not entitle you to refunds of subscription fees.

**Subscription Credits (Our Discretion):**

If Force Majeure causes service disruption lasting more than **72 consecutive hours**, we may (but are not obligated to) provide pro-rata subscription credit.

### 14.4 Termination

If Force Majeure prevents performance for more than **30 consecutive days**, either party may terminate these Terms upon written notice. Neither party is liable for damages resulting from termination due to Force Majeure.

---

## 15. General Provisions

### 15.1 Entire Agreement

These Terms, together with our Privacy Policy and Risk Disclosure statement, constitute the entire agreement between you and Opes Borsa and supersede all prior agreements, understandings, or representations.

### 15.2 Severability

If any provision is held invalid or unenforceable, it shall be struck or reformed to the minimum extent necessary, and the remaining provisions continue in full force.

### 15.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver. No waiver is effective unless in writing and signed by our authorized representative.

### 15.4 Assignment

**You May NOT:** Assign, transfer, or delegate these Terms or your account without our prior written consent.

**We May:** Freely assign these Terms in connection with a merger, acquisition, sale of assets, or corporate reorganization.

### 15.5 Relationship of Parties

You and Opes Borsa are independent contractors. These Terms do not create an employment, partnership, agency, or fiduciary relationship.

### 15.6 No Third-Party Beneficiaries

Except as expressly stated in Section 9.3 (Apple as third-party beneficiary), these Terms do not confer rights upon any person other than you and Opes Borsa.

### 15.7 Notices

**To Us:**

- Email: info@opesborsa.com (legal notices and general)

- Mail: Opes Borsa Technologies Limited, Legal Department, 434-436 Essex Road, London, England, N1 3QP, United Kingdom

**To You:**

- Email to address associated with your account (effective 24 hours after sending)

- In-app notification (effective upon display)

**Your Responsibility:** Maintain a current, valid email address and check email regularly.

### 15.8 Electronic Communications

You consent to receive communications electronically. Electronic records satisfy any legal requirement that communications be in writing. You may withdraw consent by emailing info@opesborsa.com (may affect your ability to use the service).

### 15.9 Export Compliance

You agree to comply with all applicable export control laws and regulations. You will not export or re-export the app to prohibited jurisdictions or allow access by prohibited persons.

### 15.10 Feedback

If you provide feedback or suggestions, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate your feedback. We have no obligation to compensate you or implement suggestions.

---

## 16. Contact Information

**For Questions About These Terms:**

- **Email:** info@opesborsa.com (legal and general inquiries)

- **In-App:** Settings > Help > Support

- **Mail:** Opes Borsa Technologies Limited, 434-436 Essex Road, London, England, N1 3QP, United Kingdom

**Company Information:**

- **Legal Name:** Opes Borsa Technologies Limited

- **Registered Address:** 434-436 Essex Road, London, England, N1 3QP, United Kingdom

- **Registration:** England and Wales

- **Contact:** info@opesborsa.com

---

## 17. Acknowledgment

By using Opes Borsa, you acknowledge that you have:

- Read, understood, and agree to be bound by these Terms of Service

- Read and understood our Privacy Policy

- Reviewed Apple's Terms of Service and App Store Terms and Conditions

- Understood the financial disclaimers and risks

- Confirmed you are 18 years or older

- Understood the arbitration agreement and your right to opt-out

**This agreement constitutes the entire agreement between you and Opes Borsa regarding your use of the service.**

---

## IMPORTANT FINAL REMINDER

**This app provides information and tools for educational purposes only. All investment decisions are your responsibility.**

**You Should:**

- Conduct independent research before investing

- Consult qualified, FCA-authorized financial advisers

- Never invest more than you can afford to lose

- Understand that all investments carry risk

- Verify all information independently

**We Are NOT:**

- Licensed financial advisers

- FCA-authorized investment services

- Responsible for your trading losses

- Guaranteeing any investment returns

**Invest responsibly. Past performance does not guarantee future results.**

---

**Version:** 1.0 (iOS Compliant)

**Last Updated:** November 6, 2025

**This Terms of Service is compliant with:**

- UK Consumer Rights Act 2015

- Apple App Store Review Guidelines

- FCA Guidance for Information Services

- EU MiFID II (for EU users)

- GDPR and UK GDPR