1. Purpose, seller and scope
These terms and conditions of sale (the “ Terms ”) govern the sale of the digital products offered by TRADR GROUP LLC, a Limited Liability Company registered in the State of New Mexico (United States of America) under number 7635893, whose registered office is at 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, United States (hereinafter “ Fundy ”, “we” or “the Seller”), to any person placing an order on the site (hereinafter the “ Customer ”).
International scope. The products are sold worldwide, subject to the restrictions in article 5. These Terms apply uniformly to all Customers. Where the Customer is a consumer, they apply without prejudice to the mandatory provisions of the law of their country of habitual residence, which prevail over any clause to the contrary.
Placing an order implies full and unreserved acceptance of the Terms in force on the day of the order. No later amendment applies to an order already placed.
It is for the Customer to check that buying and using the products is lawful under the law of their country of residence.
2. Description of the products
Fundy sells digital products, in particular:
- automated programs (Expert Advisors, algorithms) intended to be installed by the Customer on their own MetaTrader 5 platform;
- configuration files (presets);
- technical indicators;
- training content (videos, documents);
- access to a member area and, where applicable, to a community space.
The essential characteristics of each product are set out on the sales page. Visuals and animations are illustrative and not contractual.
3. Nature of the products — no investment advice
Fundy sells software tools, and nothing else. The products in no way constitute: investment advice, a personalised recommendation, an order reception and transmission service, a third-party portfolio management service, an inducement to invest, or any guarantee of profit.
The Seller never accesses the Customer’s funds, holds no assets, and places no orders on the Customer’s behalf. The Customer installs and configures the products themselves on an account opened in their own name with the broker of their choice, retains exclusive control of that account at all times, and remains the sole decision-maker for their trades.
The Customer acknowledges that the Seller is not an authorised investment services provider and carries out no activity requiring such authorisation.
4. Risk warning
Trading financial instruments carries a high risk of loss, up to and including the entire capital committed. It is not suitable for all investors. Past performance, whether actual or from historical tests (backtests), is in no way a reliable indicator of future performance. The results shown on the site are those observed on specific accounts, under given market, capital, broker and configuration conditions, and cannot be construed as a promise of results.
Some products rely on position-recovery mechanisms that can generate a significant floating drawdown during recovery phases. The Customer confirms that they have read these characteristics and will size their capital accordingly.
The Customer confirms that they are investing amounts whose loss would not affect their financial situation, and that they have sufficient knowledge to assess the risks involved.
5. Orders, eligibility and restrictions
Orders are placed online. The Customer selects the product, checks the details of their order and its total price, corrects any errors, then expressly confirms the order and the obligation to pay. The sale is concluded on payment confirmation, followed by a summary email.
The Customer confirms that they are at least 18 years old and have the legal capacity to contract.
Excluded territories. The products are not offered to persons residing in a country or territory subject to sanctions or an embargo applicable to the Company, nor in jurisdictions where marketing such tools requires an authorisation the Company does not hold. List of excluded territories: United States of America, Japan, South Korea, Singapore and Hong Kong, as well as any country or territory subject to international sanctions applicable to the Company, in particular Iran, North Korea, Syria, Cuba, Russia and Belarus.
The Seller reserves the right to refuse or cancel any order that appears abnormal or fraudulent, or that comes from an excluded territory.
6. Price and payment
Prices are shown in euros, inclusive of tax where applicable. The price that applies is the one displayed on the day of the order. Promotional offers are valid only for the period announced and within the conditions stated.
Payment is made in a single instalment, by bank card, through our payment provider Stripe. Card data never passes through the Seller’s servers and is processed directly by the provider, in accordance with the PCI-DSS standard.
The order is confirmed once payment is accepted. If payment is declined, the order is automatically cancelled.
7. Delivery
As the products are digital, they are made available immediately after payment confirmation, through access to the member area and/or a download link, with no physical shipment.
It is for the Customer to have the necessary hardware, connection and third-party software (in particular a MetaTrader 5 platform and an account opened with a broker), the cost and operation of which are not the Seller’s responsibility.
If access proves difficult, the Customer should contact support at hello@getfundy.ai.
8. Right of withdrawal (consumers)
The products are digital content supplied immediately. The law would allow the Seller to exclude the right of withdrawal for this type of product, provided it obtained the consumer’s express waiver (article 16(m) of Directive 2011/83/EU and equivalent national provisions). The Seller voluntarily waives that option.
European Union, European Economic Area and United Kingdom
Consumers have fourteen (14) days from the conclusion of the contract to withdraw, without having to give any reason. No waiver of this right is requested from the Customer, and immediate delivery of the product does not remove it.
To exercise this right, the Customer sends a request to hello@getfundy.ai, from the email address used for the order. The refund is made within fourteen (14) days of receiving the request, using the same payment method as the order. Access to the products and the member area is revoked from the refund date, and the Customer undertakes to stop all use and delete the files in their possession.
Other countries
The Customer has whatever withdrawal or cancellation rights the law of their country of residence grants them.
In every case, and whatever the Customer’s country, the fourteen-day money-back commercial guarantee described in article 9 applies. It is deliberately more generous than most national laws.
9. 14-day money-back commercial guarantee
Regardless of the above, and as a voluntary commercial guarantee more generous than the law, the Seller undertakes to refund any Customer who asks within fourteen (14) calendar days of the purchase date.
How it works:
- the request is sent to hello@getfundy.ai, from the email address used for the order;
- no reason needs to be given;
- the refund is made within fourteen (14) days of receiving the request, using the same payment method as the order, unless otherwise agreed;
- access to the products and the member area is revoked from the refund date, and the Customer undertakes to stop all use and delete the files in their possession.
This guarantee does not apply in cases of manifest abuse, in particular repeated requests, sharing or reselling the files, or any fraudulent behaviour.
10. Statutory guarantees
Regardless of the commercial guarantee in article 9, the Customer has the statutory guarantees granted by the law of their country of residence, and these Terms cannot reduce or exclude them.
By way of illustration, a consumer residing in France has:
- the statutory guarantee of conformity for digital content and services (articles L224-25-12 et seq. of the Consumer Code);
- the guarantee against latent defects (articles 1641 et seq. of the Civil Code).
Equivalent guarantees exist in other European Union Member States, in the United Kingdom, in Switzerland and in many other jurisdictions. To invoke them, the Customer contacts the Seller at the address given in article 7.
11. Licence of use
The purchase grants a personal, non-exclusive, non-transferable, non-assignable and revocable licence, limited to the Customer’s own use.
The following are prohibited: resale, assignment, rental, lending, sharing, uploading, public distribution, distribution to third parties, decompilation, reverse engineering, modification, and use as part of a third-party management service.
Any breach terminates the licence immediately and automatically, without refund, and without prejudice to any action the Seller may be entitled to bring.
12. Liability
The Seller is bound by an obligation of means. It guarantees no result, no return, no performance, and no continuity of operation of the products in all market conditions.
The Seller cannot be held liable for:
- financial losses suffered by the Customer in their market operations;
- unsuitable configuration, installation or capital sizing;
- a failure attributable to a third party (broker, MetaTrader platform, internet provider, VPS host, price feed provider);
- a connection interruption, power cut or hardware failure at the Customer’s premises.
In any event, and save for gross negligence, wilful misconduct or personal injury, the Seller’s liability is limited to the amount actually paid by the Customer for the order concerned.
Nothing in these Terms excludes or limits the Seller’s liability where the law prohibits it.
13. Force majeure
The Seller cannot be held liable for failure to perform its obligations in the event of force majeure, or in the event of a failure of electronic communication networks beyond its control.
14. Personal data
The Customer’s data is processed in accordance with the privacy policy, which forms an integral part of these Terms.
15. Complaints, mediation and disputes
Any complaint should first be sent to customer service at hello@getfundy.ai. We undertake to reply within five (5) working days and to seek an amicable solution.
Governing law
These Terms are governed by the law of the State of New Mexico (United States of America), excluding its conflict-of-laws rules and the Vienna Convention on Contracts for the International Sale of Goods.
Mandatory reservation in favour of consumers. This choice does not deprive a consumer Customer of the protection afforded by the mandatory provisions of the law of their country of habitual residence. For EU residents, this rule follows from article 6 of Regulation (EC) No. 593/2008 (“Rome I”) where the Company directs its activity towards their country. Comparable rules exist in the United Kingdom, Switzerland and other jurisdictions.
Amicable resolution
European Union consumers: you may refer the matter free of charge to the competent consumer alternative dispute resolution body in your country of residence; the list is maintained by the competent national authority.
Other countries: the Customer may refer the matter to the competent out-of-court dispute resolution body in their country of residence, where one exists.
Jurisdiction
Failing an amicable resolution, any dispute falls to the competent courts of the State of New Mexico, except where the Customer is a consumer : in that case, and in accordance with the applicable protective jurisdiction rules (in particular articles 17 to 19 of Regulation (EU) No. 1215/2012 for the European Union), the consumer may bring proceedings before the court of their domicile, and may only be sued before that court.
Nothing in these Terms may be construed as a waiver by the consumer of the benefit of these rules.
16. Miscellaneous provisions
If any provision of these Terms is held void or unenforceable, the remaining provisions remain in full effect. The Seller’s failure to rely on a breach does not amount to a waiver of the right to rely on it later.
These Terms, the privacy policy and the legal notice constitute the entire agreement between the parties.