You and MT4talk shall hereinafter be referred to together as the “Parties” and individually as a “Party”.
Please read these ToU carefully before using the Website. These ToU shall apply to you, all users and other persons who access the Website and/or use the Services.
1. Acceptance and Modification of ToU
By accessing the Website and using the Services, you agree to be bound by these ToU and accept to comply with all applicable laws. Should you not agree to any terms and conditions of these ToU, in whole or in part, you may refrain from accessing the Website and using the Services. Your continued use of the Website and the Services shall be deemed as your acceptance of these ToU.
MT4talk reserves the right to update these ToU and to change or discontinue any aspect or feature of the Website at any time without notice to you. Any updates to these ToU, and any changes or modifications to any aspect or feature of the Website and Services shall become effective immediately. Your continued use of the Website and Services shall be deemed as your acceptance of such updates, changes or modifications.
2. The Services
MT4talk is a self-service forex trading robot forum where you may:
hereinafter collectively referred to as the “Services”.
The Services are available to all users aged 18 years or more. For the avoidance of doubt, no persons under the age of 18 years of age are permitted to access the Website and use the Services.
You agree that when using the Services, you will not:
MT4talk has no obligation to monitor the Services, however, MT4talk reserves the right to (i) review and remove any of the Services in its sole discretion; (ii) terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever; (iii) disclose any information as MT4talk deems necessary to comply with any applicable law, regulation, legal process or governmental request, and/or (iv) edit, refuse to post or to remove any information in whole or in part in MT4talk 's sole discretion.
MT4talk does not control, support or endorse the content, messages, Forex Trading Robots or information found on the Website and, therefore, MT4talk specifically disclaims any liability with regard to the Website’s content(s), the Services and any actions resulting from your use of the Services and the Website.
Your use of the Services for any other purpose other expressly provided by MT4talk under these ToU is prohibited and may result in applicable legal action being taken by MT4talk against you and may result in the application of civil and criminal penalties being imposed on you. MT4talk shall prosecute users who violate these ToU to the maximum extent possible under the law.
3. User-Generated Content
MT4talk provides a Website platform that allows you to submit, post and upload (on to the Website) open-source Forex Trading Robots, image files, text files, HTML, zip files, ex4 files and MQ4 files only (“User Generated Content”).
All User-Generated Content shall be for information purposes only. While MT4talk shall endeavor to provide you with accurate information on its Website, MT4talk shall not be responsible for the accuracy or reliability of User Generated Content. As such you agree to access the Website and use the Services at your own risk. You shall be solely and exclusively responsible for all User Generated Content you upload or post on the Website. You hereby grant MT4talk (i) an irreversible, non-exclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Generated Content, and (ii) the right to include the User Generated Content on the Website. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User-Generated Content.
Only open source forex trading software used to automate online trading decisions/signals (“Forex Trading Robots”) shall be uploaded by you onto the Website. MT4talk prohibits the uploading of copyrighted, hacked or illegal versions of forex trading robots on to the Website. MT4talk may remove any copyrighted hacked or illegal versions of forex trading robots from its Website and may close your Member Account (defined below) should you upload copyrighted, hacked or illegal versions of forex trading robots on to the Website. Forex Trading Robots that have been uploaded on the Website, may undergo a simulated back-test on an actual forex account by our tester team, solely for the purposes of providing you with a starting point for your own back-test and for educational purposes only.
You agree that when using the Website, you will not:
You shall bear sole and exclusive responsibility for the creation of backup copies of the User Generated Content (including Forex Trading Robots) you upload onto the Website. MT4talk accepts no responsibility whatsoever for any loss of data.
MT4talk provides you with the ability and option to advertise on the Website through either:
5. Member Account, Registration, Password and Security
In order to obtain access to the Services and to MT4talk’s newsletter, you shall register on the Website by either using your Facebook login credentials or by providing all required information, which includes but is not limited to your full name, email address, date of birth and country of origin (“Member Account”).
You agree to:
(i) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and
(ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete during your entire membership period.
If you provide any information to MT4talk that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your account with us and refuse current or future use of any or all of the Services.
In setting up your Member Account on the Website, you may choose your username and a password, which you shall use as your login credentials when accessing the Services on the Website. You are solely responsible for (i) maintaining the confidentiality of your password and Member Account; and (ii) any and all activities that occur under your Member Account. You agree to notify us immediately of any unauthorized use of your Member Account or of any other breach of security. MT4talk shall not be liable for any loss that you may incur as a result of any third party using your password or Member Account, either with or without your knowledge. However, you may be held liable for losses incurred by MT4talk due to the third party someone else using your Member Account or login credentials. You acknowledge and agree that you may not use another user’s Member Account at any time, without the permission of the account holder.
All users who register on the Website are provided with a free membership (“Free Member(s)”) with the option to upgrade to a paid membership plan (“Pro Member(s)”).
Free Members may (i) read forum topics and posts; (ii) post material on a specific topic or leave a comment to an existing forum topic; (iii) delete their own post at any time; (iv) upload User Generated Content to the Website (v) add or remove forum users to may follow their posts; (vi) update the details of their Member Account at any time; (vi) set their Member Account profile page to private; and (vii) permanently delete their Member Account.
In addition to the above-stated rights afforded to Free Members, Pro Members with an active membership may also (i) download an unlimited number of files; (ii) send emails to other users via the Member Account profile page; (iii) communicate via email with MT4talk’s tester team to request information pertaining to the back-tests performed on certain Forex Trading Robots; and (iv) download Forex Trading Robots from the Website forum.
6. Subscription Plans & Fees
A Free Member may upgrade to a pro membership plan, which shall be billed by MT4talk on a recurring subscription basis (“Pro Member Subscription Plan”). Under the Pro Member Subscription Plan, a Pro Member shall be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a weekly, monthly, annual or five-year basis, depending on Pro Member’s preference when purchasing a Pro Member Subscription Plan. At the end of each Billing Cycle, the Pro Member Subscription Plan is automatically renewed under the exact same conditions unless (i) the Pro Member cancels the Pro Member Subscription Plan under the relevant tab of its Member Account, or (ii) MT4talk elects to not renew the Pro Member Subscription Plan, prior to the commencement of the next renewal period. You may also terminate your Pro Member Subscription Plan at any time via your Member Account.
Sticky Topic Advertisements shall be billed to you on a recurring weekly or monthly subscription basis (“Sticky Topic Advertisement Subscription Plan”), depending on the Billing Cycle you choose. The subscription fee for placing a Forum Signature Advertisement is included in the Pro Member Subscription Plan fee.
All payments for the Pro Member Subscription Plan and the Sticky Topic Advertisement(s) shall be processed using a third-party payment processor, namely, Paddle.com (“Paddle”). Paddle shall collect the Pro Member Subscription Plan fees and Sticky Topic Advertisement Subscription Plan fees, on our behalf, as well as provide customer services. Paddle accepts the following payment methods: credit card, debit card, Paypal and Apple Pay.
MT4talk may, at its sole discretion and at any time, modify the Pro Member Subscription Plan fee and Sticky Topic Advertisement Subscription Plan fee. Any change in the Pro Member Subscription Plan fee and/or Sticky Topic Advertisement Subscription Plan fee shall become effective at the end of the then-current Billing Cycle. We shall provide you with reasonable prior notice of any change in the Pro Member Subscription Plan fee and/or Sticky Topic Advertisement Subscription Plan fee so as to give you the opportunity to terminate the Pro Member Subscription Plan and Sticky Topic Advertisement Subscription Plan before such change becomes effective. Your continued use of the Services, after any change/modification in the Pro Member Subscription Plan and Sticky Topic Advertisement Subscription Plan, comes into effect, shall constitute your agreement to pay the modified Pro Member Subscription Plan fee and/or Sticky Topic Advertisement Subscription Plan fee amount.
You acknowledge and agree to pay MT4talk the Pro Member Subscription Plan fee and Sticky Topic Advertisement Subscription Plan fee on time. Payments made by you to MT4talk for the Pro Member Subscription Plan and the Sticky Topic Advertisement Subscription Plan shall be non-refundable.
MT4talk does not guarantee that the Pro Member Subscription Plan and Sticky Topic Advertisement Subscription Plan will be offered indefinitely on its Website. MT4talk reserves the right to change the features and the fees for the Pro Member Subscription Plan and Sticky Topic Advertisement Subscription Plan.
7. Personal and Business Use Limitation
Unless otherwise specified, the Website and the Services are for your personal and business use only, and you may not use the Website for any other purposes. Except as expressly permitted by these ToU, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, sell or create derivative works from the Website and Services.
MT4talk reserves the right to suspend or restrict access to (i) the Website and the Services; (ii) specific pages of the Website; and/or (iii) certain functionalities of the Website and the Services. We may, for example, suspend access to the Website and the Services during server maintenance or when we update the Website. You may not circumvent, bypass, or attempt to circumvent or bypass any access restriction measures on the Website.
Cookies are defined as small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow data gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalized experience and the website owner with statistics about how you use the website so that it can be improved. Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely. Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
9. Privacy and Protection of Personal Information
MT4talk’s cumulative liability under these ToU shall in no event exceed the amount of fifty U.S. Dollars (US$50,00) for any claims arising under these ToU.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TOU, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY: FEE INCREASE, REPUTATIONAL LOSS, DAMAGED GOODWILL, USE OF THE WEBSITE AND/OR THE SERVICES, INABILITY TO USE THE WEBSITE AND/OR THE SERVICES, DELAY, LOSS OR RECOVERY OF ANY SERVICES, OPEN-SOURCE FOREX TRADING ROBOT SOFTWARE, OR ANY THIRD PARTY MATERIALS AND DATA.
FURTHERMORE, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, RELIANCE OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS (WHETHER DIRECT OR INDIRECT), REVENUE (OTHER THAN FEES PAYABLE UNDER THIS TOU), BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED OR IS REASONABLY FORESEEABLE.
You agree to indemnify and hold MT4talk harmless, including but not limited to MT4talk’s officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any third party claims that you have used the Website and the Services in violation of a third party's rights, any law, any provisions of these ToU, or any other claim related to your use of the Website and the Services, except where such use has been authorized by MT4talk.
Except as expressly set forth in these ToU, all Services provided by MT4talk are provided “as is” with all faults, errors, bugs, defects and without warranty of any kind, whether written, oral, express, implied, statutory, or arising from any course of dealing, usage or trade practice. MT4talk specifically and expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement of any intellectual property rights to third parties, patent validity, operation without interruption, achievement of your requirements or intended results, or of compatibility with any other goods, services, technologies or materials except as expressly provided under these ToU. Furthermore, and without limiting the foregoing, MT4talk makes no warranty of any kind that the Services are or will be secure, accurate, complete, or free from harmful code or error. Any third party materials are provided “as is” with all faults, errors, bugs, defects and without warranty of any kind. Any third party representation or warranty provided in relation to any open-source software shall (i) be strictly between you and the third-party developer or distributor of such open-source software, and (ii) not create any obligation on MT4talk.
13. Links to Third Party Sites
The Website and the Services may contain links and/or ads to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources.
14. Affiliates Disclaimer
The site may contain links to affiliate websites, and we receive an affiliate commission for any sign up that trade by you on the affiliate website using such links. Our affiliate partner includes the following: FXopen, FBS, LQDFX, MyForexVPS.
15. Suspension and Termination
MT4talk may suspend or temporarily disable access to whole or part of the Website or any of the Services in the event (i) we suspect you of any illegal activity; (ii) MT4talk reasonably believes you have breached any of the terms and conditions of these ToU; or (iii) such suspension or temporarily disable access to the Website and/or Services stems from a request made by applicable law enforcement or other government agencies.
You may terminate your Member Account with MT4talk for any or no reason, at any time or if we breach our obligations under these ToU. The termination of your Member Account shall be immediately followed by (i) denial of access to the Website and the Services, (ii) deletion of information in your Member Accounts such as your email address and password, and (iii) deletion of all your User Generated Content.
17 Applicable Law & Jurisdiction
These ToU, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Austria, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Oberwart, Austria.
18. Entire Agreement
These ToU constitute the entire agreement between you and MT4talk as it relates to the Website and the Services, and supersedes all oral or written proposals, and all communications between the Parties relating to its subject matter.
19. Contact Us
Should you have any questions concerning this ToU, any request to delete any copyrighted content, any questions about your Member Account or any other general queries, you may contact us at firstname.lastname@example.org
For any billing queries relating to the Pro Member Subscription fee and the Sticky Topic Advertisement fee you may contact: email@example.com
MT4talk is a User Generated Content website. All content uploaded to MT4talk by our users (MT4talk forum members) is User Generated Content. Please note that MT4talk doesn't sell Forex robots and does not provide support for the uploaded Forex robots. MT4talk only sells PRO membership. PRO membership is unlimited download access in every forum topic and forum posts.
CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS, IN GENERAL, ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
Disclaimer - No representation is being made that any Forex account will or is likely to achieve profits or losses similar to those shown on backtests in this forum. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. Hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. All information on this forum is for educational purposes only and is not intended to provide financial advice. Any statements posted by forum members or the MT4talk EA Tester Team about profits or income expressed or implied, do not represent a guarantee. Your actual trading may result in losses as no trading system is guaranteed. You accept full responsibilities for your actions, trades, profit or loss, and agree to hold the MT4talk team and forum members of this information harmless in any and all ways.
Affiliates Disclaimer - The site may contain links to affiliate websites, and we receive an affiliate commission for any sign up that trade by you on the affiliate website using such links. Our affiliate partners includes the following: FXOpen, FBS, LQDFX, MyForexVPS.