Terms of Service

By accessing and using the website available at www.trifortuna.com, including all linked associated sites or services (collectively referred to as "Trifortuna"), you expressly acknowledge and agree to be bound by the terms and conditions set forth in this agreement ("Terms of Service"). If you do not consent to these terms, kindly abstain from utilizing Trifortuna. The ownership of Trifortuna belongs to Florian Köhler, referred to as "us", "we", or "our" in this document.

1. Changes to Terms of Service

The authority to amend these Terms of Service is reserved by us, and such modifications may be implemented at any time. Your ongoing use of Trifortuna subsequent to the posting of revisions to these Terms of Service signifies your acceptance of the updated terms. Our Terms of Service will be consistently accessible to you, allowing you to review them whenever necessary. By refreshing this page, you ensure access to the latest version, providing Trifortuna users with the most current terms available.

2. Changes to Trifortuna

We maintain the prerogative to cease or alter any service or feature on Trifortuna without advance notice. It is imperative to acknowledge that we do not assure the backward compatibility of our services and Application Programming Interface (API) in such instances.

3. Ownership of Information, Licensing and Redistribution of Data

Ownership and Use of Trifortuna Content

Unless explicitly stated otherwise, all rights, titles, and interests in Trifortuna, along with any information accessible through Trifortuna or our services, across diverse languages, formats, and global media, including copyrights and trademarks, are exclusively owned by Trifortuna, its affiliates, or our designated Data Providers, as defined in section 5 (disclaimer regarding content) below.

Usage Restrictions and Platform Integrity

Trifortuna is committed to providing a secure and accessible platform for market data, charts, news, and financial information display. Consequently, users are explicitly prohibited from employing automated data collection methods, such as scripts, APIs, screen scraping, data mining, robots, or other data gathering and extraction tools, irrespective of their intended purposes. Any attempt to circumvent protective mechanisms designed to prevent unauthorized reproduction or distribution of Trifortuna content is strictly forbidden.

Content Display and Licensing Restrictions

Content on the Trifortuna platform, including market data, is exclusively intended for display within the website's or mobile app's user interface. Downloading, sublicensing, assigning, transferring, selling, loaning, or distributing Trifortuna content for payment without prior written consent from Trifortuna is strictly prohibited. Users must adhere to these terms to safeguard the interests of Trifortuna, its data providers, and its user community, ensuring a secure and reliable platform for all.

Enforcement and Consequences

Violation of these terms may result in severe consequences, including user or visitor blocking, account termination, and potential penalties. Trifortuna reserves the right to take legal action against users breaching these terms to protect the platform's integrity and the interests of its data providers and user community.

Commercial Usage and Third-Party Software

Except where expressly permitted, users are prohibited from selling services or materials without prior written consent from Trifortuna and/or our Data Providers. Additionally, unauthorized copying, translating, decompiling, disassembling, or creating derivative works of the software or documentation is strictly prohibited without prior written consent from Trifortuna and the relevant Data Providers.

Commercial usage of Trifortuna services or APIs is not permitted, and no warranty is provided for third-party services or software. Refer to section 21 (third-party software) for additional details.

4. Third Party Sites and Advertisers

Third-Party Links and Content

Trifortuna may incorporate links to third-party websites. It is acknowledged that some of these sites may contain objectionable, unlawful, or inaccurate materials. By utilizing Trifortuna, you explicitly agree that Trifortuna bears no responsibility for any trading activities or other actions occurring on websites accessed through links on Trifortuna. These links are provided for convenience, and Trifortuna does not endorse the content or services offered by these external sites.

Dealings with Advertisers

Any transactions or interactions with advertisers found on Trifortuna are solely between you and the advertiser. You recognize and agree that Trifortuna is not accountable for any loss or claim you may incur in your dealings with an advertiser. Trifortuna does not endorse, guarantee, or warrant the products, services, or information provided by advertisers.

Prohibition of Unauthorized Soliciting

Unauthorized solicitation on Trifortuna is strictly prohibited and may result in penalties, including but not limited to temporary or permanent account bans for violators. Additionally, Trifortuna reserves the right to pursue appropriate legal action to seek monetary and other damages against individuals engaging in unauthorized solicitation on the platform.

5. Disclaimer of Warranties

Disclaimer of Warranty and Limitation of Liability

The Trifortuna website and services, along with all information, content, materials, and products provided through this platform, are presented by Trifortuna on an "as is" and "as available" basis. Trifortuna disclaims any representations or warranties, whether express or implied, including, but not limited to, the accuracy, reliability, currency, completeness, or appropriateness for your needs of any information available through our services or on Trifortuna.

Trifortuna does not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free. You acknowledge that Trifortuna may, at its discretion, remove the service for indefinite periods or cancel the service in accordance with the terms outlined in this Terms of Service. Trifortuna further disclaims any representation or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and disclaims any liability related thereto.

Any material downloaded or obtained through the use of the service is at your sole discretion and risk. You will be solely responsible for any damage or loss resulting from the download or use of such material.

Information from Data Providers

Various information available through our services or on Trifortuna may be obtained by Trifortuna from professional businesses or organizations, including exchanges, news providers, market data providers, and other content providers collectively referred to as "Data Providers." Despite the belief in the reliability of these sources, Trifortuna cannot guarantee the accuracy, completeness, timeliness, or correct sequencing of the information due to factors including the inherent possibility of human and mechanical error.

If Trifortuna is informed by Data Providers of corrections made to the data, we will promptly redistribute these corrections to ensure accuracy of information.

6. Risk Disclaimer and Consultation with Financial Professionals

Decisions regarding the buying, selling, holding, or trading of securities, commodities, and other investments carry inherent risks and should be approached with caution. It is advisable to make such decisions based on the counsel of qualified financial professionals. Engaging in trading activities involving securities or other investments inherently involves the risk of substantial losses.

Before embarking on any trading program, it is strongly recommended that you seek advice from a qualified financial professional. Carefully consider whether such trading aligns with your financial condition and capacity to withstand financial risks.

Trifortuna and its services provide information and materials for educational and informational purposes only. Under no circumstances shall we be held liable for any loss or damage incurred by you or any other party as a result of engaging in any trading or investment activity based on information or material received through Trifortuna or our services.

It is crucial to recognize that the financial markets are subject to uncertainties, and past performance is not indicative of future results. Individual financial circumstances vary, and the decision to engage in trading activities should be made with a full understanding of the associated risks and potential consequences.

7. Limitations of Hypothetical Performance Results

Hypothetical performance results are subject to inherent limitations, several of which are outlined below. It is essential to note that no representation is being made that any account will or is likely to achieve profits or losses similar to those depicted in hypothetical performance results. Actual results achieved by any specific trading program may significantly differ from hypothetical performance results.

It is imperative for individuals to recognize these limitations when evaluating hypothetical performance results and to exercise caution in drawing conclusions about potential trading success based solely on historical or hypothetical data.

Hindsight Bias

Hypothetical performance results are typically prepared with the benefit of hindsight, reflecting historical data and events. This retrospective viewpoint may not accurately represent the challenges and uncertainties faced during real-time trading.

Lack of Financial Risk

Hypothetical trading does not involve actual financial risk. As a result, no hypothetical trading record can fully consider the impact of financial risk inherent in live trading scenarios. The ability to withstand losses and adhere to a specific trading program in the face of actual financial risk are crucial factors not accounted for in hypothetical performance results.

Deviation from Actual Trading

There are often significant disparities between hypothetical performance results and the actual results achieved in real-world trading. Factors such as the market's dynamic nature and the implementation of any specific trading program can vary and have a substantial impact on actual trading outcomes.

Individual Factors and Adherence to Trading Programs

The ability to endure losses and adhere to a particular trading program, despite experiencing trading losses, is a material consideration. These individual factors, which play a pivotal role in actual trading, are not fully encompassed in hypothetical performance results.

Market-Related and Program Implementation Factors

Numerous other factors related to the broader market or the execution of a specific trading program cannot be entirely accounted for in the preparation of hypothetical performance results. These unaccounted-for factors have the potential to adversely affect actual trading results.

8. Registered Users

User Registration and Agreement to Terms of Service

Certain services on the Trifortuna website, such as saving insights templates, publishing them, or commenting on published ideas, are exclusively available to registered users. To access these services, you must register as a user ("Subscriber") on the Trifortuna website by signing in with a username and password. By clicking "Register Now," "Submit," or a similar button during the registration process, you confirm your legal agreement to be bound by the Terms of Service outlined herein.

User Representation and Responsibilities

By using the Trifortuna website, you affirm that you are of legal age to form a binding contract and are not barred from receiving Trifortuna services under the laws of the United States or any other applicable jurisdiction. Additionally, you commit to:

Providing accurate, current, and complete information about yourself in the Registration Data.
Promptly updating the Registration Data to ensure its accuracy and completeness.

Should you provide untrue, inaccurate, not current, or incomplete information, or if Trifortuna has reasonable grounds to suspect such inaccuracies, Trifortuna reserves the right to suspend or terminate your account. In such cases, Trifortuna may refuse any current or future use of its services or any portion thereof.

Intellectual Property Representation

You assert and warrant that you hold all intellectual property rights, including patents, trademarks, trade secrets, copyrights, or other proprietary rights, in and to the content you submit. If third-party materials are used, you further warrant that you have the right to distribute such third-party material in your content. You agree not to submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights unless you are the owner of such rights or possess permission from the rightful owner to submit the material.

Content Removal and Compliance

Trifortuna retains the right to remove your content without notice if there is a reasonable belief that you are in violation of the Terms of Service. This action may be taken to ensure compliance and uphold the integrity of the Trifortuna platform.

9. Access and Security

As a user accessing and utilizing our services, you acknowledge and accept responsibility for the confidentiality and use of the username and email address used during registration. It is imperative that you understand and adhere to the following security obligations:

Password and Account Confidentiality: You are responsible for maintaining the confidentiality of your password and account information. You acknowledge that you are fully accountable for all activities that occur under your password or account.
Notification of Unauthorized Use: You agree to immediately notify Trifortuna of any unauthorized use of your password or account or any other breach of security. Prompt communication is vital to mitigate potential risks.
Security Measures: You agree to implement security measures to ensure that you exit from your account at the conclusion of each session, enhancing the overall security of your account.
Loss or Damage Disclaimer: Trifortuna cannot and will not be held liable for any loss or damage resulting from your failure to comply with these security obligations. It is essential that you take proactive steps to protect your account information.

10. Subscription Terms and Billing Policies

By ordering any subscription on www.trifortuna.com , including a free trial period, you acknowledge that you have read and accepted the Terms of Service. Additionally, you authorize Trifortuna to automatically charge your bank card or PayPal account based on the billing period manually selected by you. Please review the following subscription terms and billing policies:

Free Trial Period:
- Users are granted a 7-day free trial of selected paid plans. If the trial is not canceled before its expiration date, it automatically converts to a monthly or annual paid plan based on the user's choice.
Refunds and Cancellations:
- Refunds are not available for monthly plans, even if canceled on the same day as the autoconversion payment. Refunds for annual payments are available within 14 calendar days after the payment, except for users who filed chargeback/dispute requests or claims.
- Cancelled trials and associated services cease immediately after cancellation.
Billing Periods and Recurring Payments:
- The service is billed in advance on a monthly, annual, or 2-year basis. There are no refunds or credits for partial months of service.
- Billing is recurring, and users are responsible for canceling their subscription properly through the billing section of the Profile page.
Cancellation and Subscription Continuation:
- If a subscription is canceled before the end of the current paid period, it remains active until the next due date. After the due date, non-payment results in subscription termination.
Refund Policy Details:
- No refunds for initial payments.
- No refunds for recurring monthly payments.
- No refunds for upgrades to a more expensive plan or a longer billing cycle. Remaining days are converted into equivalent value on the new subscription.
- Refunds for recurring annual and 2-year payments are available on demand within 14 calendar days after payment, excluding users expecting renewal without notification.
Moderator Authority and Refunds:
- Moderators, as official Trifortuna representatives, may warn or ban users for rule violations, even those with a paid subscription. Refunds are not offered in case of bans, as paid subscriptions and associated features remain available during any such ban.
Tax Registration and Payment Collection:
- Trifortuna is registered for tax purposes in Germany.
- Local subsidiaries or entities may be used to collect payments in specific geographies, but all payments are processed and managed by Trifortuna.

These terms and policies outline the expectations and obligations associated with subscriptions on www.trifortuna.com . Users are encouraged to carefully review and understand these terms before proceeding with any subscription orders.

11. Submission of Contributions Terms

By submitting ideas, strategies, content, suggestions, documents, and/or proposals ("Contributions") to Trifortuna through our contact or feedback webpages, you acknowledge and agree to the following terms:

Non-Confidential Nature of Contributions: Your Contributions do not contain confidential or proprietary information.
No Obligation of Confidentiality: Trifortuna is not under any obligation of confidentiality, whether expressed or implied, concerning the Contributions.
Usage and Disclosure Rights: Trifortuna is entitled to use or disclose (or choose not to use or disclose) the Contributions for any purpose, in any way, and in any media worldwide.
Prior Consideration or Development: Trifortuna may have something similar to the Contributions already under consideration or in development.
Property Rights: Your Contributions automatically become the property of Trifortuna, without any obligation on the part of Trifortuna to you.
No Entitlement to Compensation: You are not entitled to any compensation or reimbursement of any kind from Trifortuna under any circumstances for the submitted Contributions.

By submitting Contributions, you affirm that you have read, understood, and accepted these terms. It is essential to note the non-confidential nature of the Contributions and the automatic transfer of ownership to Trifortuna without any obligation for compensation or reimbursement.

12. Indemnification and Release Agreement

By using Trifortuna services, you agree to indemnify and hold Trifortuna, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, arising from or related to:

Content Submission: Content you submit, post, transmit, modify, or otherwise make available through the Trifortuna services.
Use of Trifortuna Services: Your use of the Trifortuna services.
Connection to Trifortuna Services: Your connection to the Trifortuna services.
Violation of Terms of Service: Your violation of the Terms of Service.
Violation of Rights: Your violation of any rights of another.
Action Taken by Trifortuna: Any action taken by Trifortuna, acting reasonably, as part of its investigation of a suspected violation of the Terms of Service or as a result of its finding or decision that a violation has occurred.

This indemnification obligation shall survive the termination or expiration of your use of the service.

In the event of a dispute with one or more users of Trifortuna, you agree to release Trifortuna from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

By using Trifortuna services, you acknowledge and consent to these indemnification and release terms as an integral part of the agreement governing your use of the platform.

13. Termination

Account Deletion

You may request the deletion of your Trifortuna account by visiting the Profile Settings page. Upon your request, we will delete the personal data associated with your account, excluding certain data integrated into our systems and site for the integrity of data, including communications sent via our site. Retained data serves legitimate business purposes such as auditing, security, and other interests outlined in our Privacy Policy.

Contributions and Deletion

Your published Contributions will be retained at our discretion as part of communal trading knowledge. This policy ensures transparency, preventing selective sharing of ideas. Deleted accounts may not erase Contributions for the preservation of public confidence in the site's reputation and integrity.

Termination and Suspension

Trifortuna reserves the right to immediately terminate, limit access to, or suspend your account, associated email address, and access to services without prior notice. Grounds for such actions include, but are not limited to, breaches of the Terms of Service, requests by law enforcement, service discontinuance, unexpected technical issues, extended inactivity, or engagement in fraudulent or illegal activities. All terminations, access limitations, and suspensions for cause are at Trifortuna's sole discretion, with no liability to you or any third party for such actions.

14. Emails

By establishing an account with Trifortuna, you hereby consent to Trifortuna utilizing your provided email address for the purpose of sending marketing materials, service-related notices, important information messages, special offers, and similar communications. You retain the option to opt-out from receiving such communications by clicking the unsubscribe link provided in the emails.

15. Third Party Software

Our software, website, and/or services may incorporate software components provided by third parties, used with the permission of their respective licensors and/or copyright holders, subject to the terms stipulated by these parties ("Third Party Software"). Trifortuna explicitly disclaims any warranty or assurance to you concerning Third Party Software. It is important to acknowledge that your utilization of Third Party Software is subject to the terms and conditions of use, as well as the privacy policies, established by the respective Third Party Software providers. This usage is not governed by these Terms of Service or our Privacy Policy.

16. Disclaimer of Financial and Investment Advice

The information and publications presented on Trifortuna are not intended to be, and should not be considered, financial, investment, trading, or any other form of advice or recommendations endorsed by Trifortuna.

Any expression of opinion (which may be subject to change without prior notice) represents the personal views of the author, and the author does not provide any assurances or warranties regarding the accuracy or completeness of the information or analysis provided.

The authors and Trifortuna shall not be held liable for any losses incurred as a result of any investment decisions made based on any perceived recommendation, forecast, or other information presented here.

The contents of these publications should not be construed as an explicit or implicit promise, guarantee, or indication by Trifortuna that users will generate profits or that potential losses associated with them can or will be restricted if they rely on the provided information.

17. Limitation of Liability

You explicitly comprehend and agree that Trifortuna, along with its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors, shall not be held liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages. These damages include, but are not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses, even if Trifortuna has been advised of the possibility of such damages. This limitation extends to the following circumstances:

The use or inability to use the service or the software or systems that facilitate the services;
Any alterations made to the service, price changes, or any temporary or permanent cessation of the service or any part thereof;
The use, disclosure, or display of your user-generated content;
Unauthorized access to or alteration of your transmissions or data;
Deletion, corruption, or failure to store and/or send or receive your transmissions or data on or through the service;
Statements or conduct of any third party on the service;
Any other matter relating to the service.

Last updated Aug 18th, 2024