Last Updated On 11-April-2022
Effective Date 11-April-2022

Terms and conditions

1. Introduction
   1. This agreement applies to and between you, the User of our software and Apollo Capital Assets Ltd. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this website and our software (the "Service") operated by Apollo Capital Assets Ltd ("us", "we", or "our").

1. 2.  In this Agreement “you” and “your” refer to our customers, prospective customers, and users of our website and software, “we”, “company”, “us” and “our” refer to Apollo Capital Assets Ltd and “Service” refers to the services provided by us through our software. Party”, “Parties”, or “Us”, refers to both the Customers and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to our customers in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

1. 3. Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to our customers. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.

1. 4. By using our website (the “Site”) or any of our software- “Apollo Scalp Pro EA” (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.

2. Age Restriction
   1. This Site and our software are offered and available to users who are 18 years of age or older. By agreeing to these Terms and using our service, you represent that you are of legal age to use the website and our software.

1. 2.  If you are under 18, you may only use the site under the supervision of an adult, legal guardian or parent.

1. 3. This age restriction may differ from country to country. By using this Site and our software, you represent and warrant that you are of legal age within your jurisdiction or country to form a binding contract and meet all of the foregoing eligibility requirements.

3. Unauthorised access
   1. It is unlawful to try and gain unauthorised access to this site and software, its servers, or any computer or database connected to this Site and/or software. You must not attack this site and/or our application via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will be committing a criminal offence under the Computer Misuse Act 1990. In the event of such a breach, your right to use this Site and Software will cease immediately. We will report any such breach to the relevant law enforcement authorities.

1. 2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site and Software or to your downloading of any material posted on them, or on any website linked to them.

4. Our Services/ Process
   1. At Apollo Capital Assets Ltd, we have dedicated our time and effort to creating an algorithm that automatically places trades on behalf of its users. The algorithm is a fully automated system that opens, manages and closes trades on your behalf.

1. 2. We reserve the right to stop our algorithm from trading on your account if we perceive a risk of fraud or illegal activity. We also will not be held liable for failed transactions as a result of technical issues experienced on your trading platform

1. 3. . Users agree not to use our website and software in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use our software for reasons we do not support.

1. 4. You acknowledge that whilst we have taken all necessary measures to ensure our software/algorithm safely uses statistical measures to try and predict the outcome of the Forex market, this is only a guess and we do not guarantee any profit. We shall not be responsible for any loss suffered. Users should also be aware that any interference either by another trading bot running in parallel to the user’s account or human interaction by the user could result in a loss of funds on the user’s trading account. We shall not be held liable for any loss caused by such interference or any other interference which opposes the use of our software/algorithm.

5. Fees and Payments
   1. In consideration of the use of our software/algorithm, users will be charged an annual fee at the rate stated on our website.

1. 2. Upon payment, users shall have access to the software for a period of one (1) year. Following this one (1) year, the license granted to use the software shall expire. To continue to use the software following its expiration, users must renew the license.

1. 3. All payments shall be made through the payment options available on the website.

1. 4. We may offer discounts or promos for a limited time, but this is subject to change and shall be at our sole discretion. Once the promo or discount ends, you will be charged the standard fee. We have the right to end this discount or promo at any time without any reference to you.

6. Refund Policy
   1. All transactions are final with no method of refunding, charging back or other recourse once payment is submitted. As such we are unable to cancel, reverse or provide refunds for the use of our service or any trade placed by our algorithm on your trading account.

1. 2. The user accepts and acknowledges that we are not liable or responsible for any errors or omissions made by their trading platform in settling up the Algorithm/software correctly. Any loss made due to this shall be held directly against the trading platform.

7. Fraudulent Transactions 
   1. If in any event, there is a claim that our software has been used fraudulently and/or for illegal activities, we will inform the police authorities who shall investigate this and if they find this to be true, we will flag and blacklist the account and card from using our service in the future.
8. Intellectual Property
   1. Subject to other terms in these Terms and Conditions, all Content included on the Website and our software including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code is the property of Apollo Capital Assets Ltd, our affiliates or other relevant third parties. By continuing to use the Website and software, you acknowledge that such material is protected by applicable laws in England and Wales and other applicable international and European Intellectual Property laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website and software unless otherwise indicated on the Website or unless given express written permission to do so by us.
9. Links to Other Websites
   1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Apollo Capital Assets Ltd or our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or those in control of them. We advise that you read through their terms carefully before using the linked sites.

10. User Information
    1. By continuing to use this Website and our software, you represent and warrant that

1. all information you submit is accurate and truthful;
2. you have permission to submit Payment Information where permission may be required; and
3. you will keep this information accurate and up to date.

10. 2. We accept no liability for any losses or damages incurred as a result of your trading account details or software access being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact your trading platform immediately to suspend our algorithm from placing orders on your Account.
11. Use of the website
    1. When using the website, software and our service, you shall act in accordance with the following rules:

1. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
2. It is advised that submissions are made using the English language;
3. You must be polite to our staff should you ever contact them. You shall not use any swear words or make any racist, sexist, threatening words towards them;
4. You must not display, publish, copy, print, post, modify or otherwise use the Site and software and the information contained within them for the benefit of any third party or website without our prior written consent;
5. You must not use our site or services available on it for illegal activities;
6. Any attempts to publish or send malicious content through spyware and viruses or other similar things, with the intent to compromise another member’s account or computer environment is strictly prohibited;
7. You must not use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content or software.

12. Termination and Cancellation
    1. We may terminate your transaction if we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, Apollo Capital Assets Ltd reserves the right not to grant access to the software/algorithm for any reason. We shall duly notify you of our decision not to grant you access, but we are not obliged to provide you with any reason.

13. OUR RESPONSIBILITIES
    1. Your safety when using our site is paramount to us. Hence, all reasonable skills and care shall be taken to ensure your safety when using our website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect the users of our website and algorithm, we cannot guarantee its absolute security.
    2. We will do our best to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the Service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension.
    3. If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees, affiliates, partners, a shutdown of your trading platform or interruption in trading), we will not be liable for this.
14. License
    1. Apollo Capital Assets Ltd hereby grants you the license to use its software, Apollo Scalp pro for the sole purpose of Forex trading. You agree not to resell, relicense, reformat or in other ways distribute this software without the express written approval of Apollo Capital Assets Ltd. Should you breach the terms of this clause, we shall exercise all applicable and available legal rights to make a claim against you for such breach.

15. Disclaimers
    1. We do not make any warranty or representation that the Website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.

1. 2. We make no guarantee of any specific results from the use of our Service or algorithm. You use our service and algorithm at your own risk. We do not guarantee any result or profit from using our algorithm. We shall not be held liable for any loss suffered if you do not make a profit or if you lose all your investment altogether. Thus, we advise that users only invest money they are willing to lose.

1. 3. Whilst every effort has been made to ensure that all descriptions of Services available on the site correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.

15. 4. No part of this Website is intended to constitute advice. Whilst we do our best to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their security, that of their details and computers.
16. Modification of Service and these Terms and Conditions
    1. Apollo Capital Assets Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future.
17. Limitation of Liability
    1. To the maximum extent permitted by law, Apollo Capital Assets Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, Software or any information contained within them. Users should be aware that they use the Website, its content, services and algorithm at their own risk. We accept no liability for any disruption or non-availability of our Website or algorithm, any third-party services such as your trading platform, resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    2. Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:

1. any incorrect or inaccurate information on the Site and all interruptions to or delays in updating our website/Service;
2. the infringement by you of any third-party Intellectual Property Rights of by your use of the Site;
3. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the software, or from transmissions via emails or attachments received from Apollo Capital Assets Ltd or its licensees.

18. Indemnification
    1. You agree to defend, indemnify and hold harmless Apollo Capital Assets Ltd, its employees, directors, shareholders, from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

1. your use of and access to our site and our Software, including any data, information, email, trades placed on your behalf, and other content transmitted or received by you;
2. your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein;
3. your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
4. your violation of any applicable law, rule or regulation;
5. any fraudulent behaviour, wilful misconduct or gross negligence;

19. No Waiver
    1. Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.
20. Severability
    1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

21. RESOLVING DISPUTES
    1. Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator in England or as agreed upon by the parties.  
22. Previous Terms and Conditions
    1. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third-Party Rights
    1. Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Apollo Capital Assets Ltd.

24. Law and Jurisdiction
    1. These Terms and Conditions and the relationship between you and Apollo Capital Assets Ltd shall be governed by and construed in accordance with English laws and you agree to submit to the exclusive jurisdiction/courts of English courts.

25. How to contact us
    1. If you have any questions about our company’s Terms and Conditions, or you would like to exercise one of your data protection rights, please do not hesitate to contact us on our contact details provided on this website.