Last Updated: 23.3.25
We (“OmniWave” or “the Company”) offer products and services via our website https://www.omniwavefintech.com (“the Website”). Our product enables you to connect to the OmniWave Fintech automated systems and enjoy a variety of vehicles and products (“the Products” or “the Technology”).
*** Please refer to the full risk disclaimer prior to using our Technology ***
1. GENERAL
1.1
The Technology is made available to you through the Website, for the purpose of providing tools for trading. The term “you” or “Client” refers to the person visiting or otherwise accessing or using the Site or the Technology.
1.2
These terms and conditions govern your access to and use of the Software and constitute the entire, complete, and binding agreement between you and the Company with respect to the Software and the related services.
1.3
THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR SOFTWARE. BY USING THE WEBSITE OR SOFTWARE IN ANY WAY AND FOR ANY PURPOSE, WITH OR WITHOUT A CLIENT ACCOUNT AND FROM ANY DEVICE AND LOCATION, YOU AGREE AND CONFIRM THAT:
1.3.1
you have read and understood these Terms and you accept and agree to be bound by these Terms as they appear on each respective date that you use the Technology.
1.3.2
you assume all the obligations set forth herein;
1.3.3
you are of sufficient legal age and capacity to use the Software;
1.3.4
you are not under the control of jurisdiction that explicitly prohibits the use of similar software;
1.3.5
you use the Software at your discretion and under your own responsibility.
1.3.6
The Business may update or revise these Terms from time to time with no notice. You agree that you will review these Terms periodically. If you do not agree to the terms of these Terms, your sole recourse is to terminate your use of the Software.
2. REGISTERING
2.1
In order to sign-up and use the Technology, you must be at least eighteen (18) years of age.
2.2
If you are entering into these Terms on behalf of a legal person (i.e. company or other legal entity), you represent that you have the authority to bind such legal person to these Terms and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the legal person. If you do not have such authority you shall not access or use the Software.
2.3
Registration takes place after being approved by the OmniWave onboarding team after internal suitability checks. OmniWave reserves the right to decline registration or to terminate connection for any reason, and with no notice.
3. RISK DISCLAIMER
Please refer to this link for the full risk disclaimer prior to allocating or connecting any funds.
3.1
OmniWave does not make any warranties or representations other than those explicitly mentioned in these Terms of Use. The Software has not been developed to meet your individual needs.
4. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless OmniWave, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use or your use of the Software, including, but not limited to, your submissions, Third Party Platforms, any use of the intellectual property, services, and products other than as expressly authorized in these Terms of Use.
5. WARRANTY DISCLAIMER
5.1
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. OMNIWAVE FINTECH, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.
5.2
OMNIWAVE PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY KNOWN AND STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
5.3
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMNIWAVE, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.
5.4
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6. CLIENT ACCOUNT CONFIDENTIALITY
6.1
You acknowledge that your Client Account is personal to you, and you are obliged not to provide any other person with access to the Software or portions of it using your email address, password, or other security information.
6.2
You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password or any other information chosen by you or provided to you as a part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Client Account from a public or shared computer so that others are not able to view or record your password or other Client Account information. You agree to ensure that you logout from you Client Account at the end of each session.
6.3
You accept responsibility for all activities that occur under your Client Account or from your devices in relation to the Software and your Client Account, including any misuse of your Client Account. OmniWave will use reasonable and industry-standard security measures to protect you from unauthorized access to your Client Account. You agree to notify us immediately of any unauthorized access to or use of your Client Account or any other breach of security. If you fail to notify OmniWave accordingly, OmniWave might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures.
6.4
You acknowledge and agree that to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a failure on your part to maintain the confidentiality of your password, if we have performed our obligation to apply reasonable and industry-standard security measures.
7. INTELLECTUAL PROPERTY
7.1
The Software, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the Software, is the exclusive property of OmniWave, and its successors, assigns, licensors, and/or suppliers. Unless specifically provided in the Terms or if you have agreed otherwise in writing with OmniWave, nothing in these Terms of Use gives you a right to use the Software and its content, or other intellectual property of OmniWave.
7.2
OmniWave grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for your personal, non-commercial use, as described in these Terms, for the period you access the Software and the functions related to the Subscription. Any intellectual property objects (without limitation, all information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith) provided through or used to operate the Software is licensed, not sold, to you by OmniWave. You acknowledge that you have no right to access the Software in source-code form. OmniWave may inform you, by notice within the Software or otherwise, that the Software contains intellectual property governed by the licence of a third party and you agree to abide by the terms of the Software.
7.3
Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property.
8. PRICES, PAYMENT TERMS AND REFUNDS
8.1
All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for the Subscription selected by you will be the price advertised on the Software at the time and method the order is placed.
8.2
If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
8.3
You must initiate payment for the charges related to the Subscription or other products or services provided through the Software when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your membership.
8.4
You can use any available and the most convenient payment method currently available in the Software for all purchases. However, OmniWave does not guarantee the availability of any payment method at any moment. OmniWave may add, remove or suspend any payment method temporarily or permanently at its own discretion.
8.5
You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honoured by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Software at the time of your order.
8.6
Unless otherwise required by applicable law, we have no obligation to provide a refund or a credit. Due to the nature of the Software as a digital product, no refunds are granted without unique circumstances that are clear, justified and legitimate.
8.7
You understand that you are purchasing the Software from OmniWave via a payment service provider (“PSP”). Unless otherwise required by law, you are obligated to contact OmniWave support service for any issues related to payment transactions before contacting the PSP or financial institution.
8.8
Using the Software via the Internet may lead to incurring costs that you will have to pay to your service provider.
You can contact OmniWave any time at hello@omniwave.com for questions or enquiries with regards to these terms.