Welcome to HS Trader! Please carefully review the following terms, as they govern your use of our software and services. By using HS Trader, you agree to these terms and conditions. 

1.      Access Rights

Brokers are granted a limited, non-exclusive, and non-transferable right to access and use the HS Trader SaaS Platform for internal business purposes, subject to compliance with the Agreement and payment of the Subscription Fee. 

2.      Usage Limits

Access is limited to the number of authorized users specified in the applicable Order Form or invoice. Brokers must ensure each user complies with the terms of the Agreement. 

3.      Restrictions

Brokers are prohibited from modifying, copying, creating derivative works, reverse engineering, decompiling, disassembling the Software, building competitive products using the Software, or sublicensing, selling, renting, or transferring the Software to third parties. 

4.      Subscription Fees and Payment

Brokers must pay the Subscription Fee as specified in the Order Form or invoice. Payments are due within 7 days of the invoice date, with potential suspension of access after 3 written notices for overdue payment. Brokers are responsible for all taxes associated with the use of the Software. 

5.      Support and Service Levels

24/7 technical support is provided, and efforts are made to ensure 100% uptime for the Software, excluding scheduled maintenance or events beyond the provider’s control. 

6.      Confidentiality

Brokers must protect all confidential information received, using it only to fulfill their obligations under the Agreement. 

7.      Data Privacy and Security

The Provider implements safeguards to protect Broker data. Brokers must comply with all data protection laws, and in case of a data breach, the Provider will promptly notify the Broker. 

8.      Intellectual Property

All intellectual property rights to the Software and Services are retained by the Provider. Brokers retain rights to their data but grant the Provider the right to use it solely for providing the Services. 

9.      Indemnification

Brokers agree to indemnify, defend, and hold harmless HS Trader, its affiliates, officers, directors, employees, and agents from any claims, liabilities, losses, damages, or expenses (including attorney’s fees) arising from: 

• • The Broker’s use of the Software or Services. 

• • Any breach of this Agreement. 

• • Violations of any applicable laws or regulations.

• • Third-party claims related to the Broker’s business activities. 

10.  Termination

The Agreement can be terminated by either party with prior notice. Upon termination, Brokers must cease using the Software and return or destroy all related materials. 

11.  Governing Law and Dispute Resolution

HS Trader reserves the right, at its sole discretion, to modify, amend, or update these Terms of Service at any time. Any changes to the terms will become effective immediately upon posting the revised version on our website or within the software. We will provide notice of such changes by updating the “Last Updated” date at the beginning of these Terms of Service, and we may also notify you through other reasonable means, such as by email or within the software. 

 12. Disclaimers of Liability: 

To the fullest extent permitted by applicable laws, HS Trader and its affiliates, directors, officers, employees, agents, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

1. 1. Use of the Software or Services: Your use of or inability to use the software or services, including any errors, bugs, viruses, hacks or other defects in the software. 
   2. Unauthorized Access: Unauthorized access to or alteration of your transmissions or data, whether caused by hacking, security breaches, or other forms of unauthorized access. 
   3. Third-Party Content: Any third-party content, products, or services made available through the software or services, including any damages or losses arising from your use of or reliance on such third-party content. 
   4. Changes or Termination: Any changes, suspension, or termination of the software or services by HS Trader, including any loss of data or inability to access the software or services. 

13. Disclaimer of warranties: 

1. “As Is” and “As Available”: HS Trader software and services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
2.  No Warranty of Error-Free Operation: HS Trader does not warrant that the software or services will be uninterrupted, timely, secure, or error-free, or that any defects or errors will be corrected.
3.  No Warranty for Accuracy or Reliability: HS Trader does not warrant the accuracy, completeness, or reliability of any information or content provided through the software or services, including any recommendations or advice.
4.  No Warranty for Third-Party Content: Any third-party content, services, or products made available through the software or services are provided by third parties and are not endorsed or warranted by HS Trader. Your use of such third-party content is at your own risk.

14. Limitation of Liability 

Hybrid Solutions is solely the provider of the technology that powers the software. Brokers are fully responsible for the management of their business operations, including risk management, financial decisions, and compliance with relevant laws and regulations. We do not assume responsibility for any technology failures, errors, or issues that arise from the Broker‘s end, including but not limited to mismanagement of systems, improper usage, or external factors beyond our control. Brokers acknowledge and agree that they bear full responsibility for addressing and resolving any such technology-related issues on their part.

15. Governing Law and Dispute Resolution 

The Agreement is governed by the laws of the United Arab Emirates, with any disputes to be resolved through negotiation, mediation, or arbitration in the UAE.