1st2NOTIFY Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE 1ST2NOTIFY

WEBSITE, APP, AND SERVICES. WE WILL USE YOUR PERSONAL

1 About 1ST2NOTIFY Website and App

1.1 The 1ST2NOTIFY website (available at https://1st2notify.com) (Website) and app

(available at [https://discord.com/]) (App) allows users to view forex trading

strategies from successful traders so that users can emulate the trades on their own

portfolios.

1.2 The Website and the App are made available and operated by 1ST2NOTIFY Limited, a

limited liability company registered in England and Wales, whose registered number

is 12704130 with registered address 701 Stonehouse Park, Sperry Way, Stonehouse,

Gloucestershire, GL10 3UT (1ST2NOTIFY /we/us/our).

2 About these terms

2.1 Our contract with you. By registering an account with us and ticking the ‘I Accept’

and ‘Sign Up’ boxes, you confirm that you understand and accept these terms and you

agree to comply with them. If you are only visiting the Website, you agree to comply

with the terms specific to the Website only by continuing to browse the Website. These

terms are a legal agreement between you and us.

2.2 What do these terms cover? These are the terms which govern the use of the

Website and the App by visitors and registered members (Members/you/yours).

2.3 How to contact us. You can contact us by writing to us at [email protected].

2.4 How we may contact you. If we have to contact you, we will do so by email using

the email address you provided to us in your account registration.

2.5 There may be additional terms applicable. There may be additional terms

posted on the Website or the App which also apply to your use of the Website or the

App. These additional terms may be expressly incorporated into these terms by being

mentioned here, or by being published on the Website or the App. In the event of any

conflict between the additional terms and these terms, these terms will prevail.

2.6 We may update these terms. We reserve the right to amend these terms at any

time, at our discretion. If we amend these terms, you will receive a notification

prompting you to accept the updated terms. If you do not accept the new terms, you

will not be able to use the Website and the App. These terms were most recently

updated on the date stated at the top.

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3 The functionality and availability of the Website and the App

3.1 Functionality of the Website and the App. You acknowledge that the Website

and the App are made available via the internet and as a result, the availability of the

Website and the App may be subject to limitations, delays and other problems inherent

in the use of such communication facilities. Consequently we: (a) do not warrant that

the use of the Website and the App will be uninterrupted or error-free; (b) do not

guarantee that the Website and the App will be accessible in all jurisdictions; and (c)

are not responsible for any delays, delivery failures, or any other loss or damage

resulting from the transfer of data over communications networks and facilities.

3.2 Changes to the Website and the App. We have the right to make any changes to

the functionality of the Website and the App at any time and for any reason, including

without limitation: (a) to address Member’s needs; (b) to comply with any applicable

laws; or (c) to add new functionalities or improve existing functionalities (including

integrating the Website and the App with the Third-Party Products).

4 Use of the Website

Access to the Website. The Website is made available free of charge, however

certain elements might only be accessible by the Members. We want to ensure that the

Website is as accessible and available at all times, so if you have any difficulties using

the Website, please let us know at [email protected].

5 Registration on and use of the App

5.1 You must register to use the App. Only Members will have access to the App. By

using the App, the Members can access the following services (Services):

(a) access to third party exchanges which facilitate forex trading;

(b) provision of information about forex trading strategies used by individuals with

a successful track record in trading (Tracked Traders);

(c) receive notifications, alerts, and insights into individual trades carried out by

Tracked Traders (Trade Notifications);

(d) ability to duplicate successful forex trading strategies;

(e) access the User Content (as defined in section 6.1);

(f) provision of information about non-fungible tokens (NFTs) and their releases;

(g) access to NFT bots and their functionalities;

(h) provision of information about digital assets and NFT airdrops; and

(i) receive communication, calls, and instructions from us.

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5.2 Eligibility to register. You must meet the criteria listed below to become a Member.

By creating an account, you confirm that:

(a) you are at least 18 years of age or have parental/guardian consent to become a

Member (which you have provided to us) and link their credit card or digital

wallet address to your account;

(b) you have the full power, right and authority to agree to these terms;

(c) you are not acting in a commercial capacity for any other individual or entity;

(d) you have successfully passed our KYC/AML and conflict checks, if we, in our

sole discretion, decide to conduct them prior to registering your account;

(e) you are not subject to any financial or other sanctions, embargoes or other

restrictions, including those imposed by the US Office of Foreign Assets Control

(OFAC), UK government, European Union or United Nations;

(f) you are not a citizen or resident of the United States of America, its territories

and possessions including the State and Dirstrict of Columbia and all areas

subject to its jurisdiction (including the Commonwealth of Puerto Rico), any

corporation, trust, partnership or other entity created or organised in or under

the laws of the United States of America, any state thereof of any estate or trust

the income of which is subject to United States federal income tax, regardless

of source;

(g) you are not subject to any laws or regulations in the jurisdiction where you are

a citizen, resident, or green card holder, which would make it unlawful for you

to use the Website, the App or the Services; and

(h) all the information provided by you to us is true and accurate and you will keep

it updated at all times by updating your account details.

5.3 Our right to reject an account registration or to suspend or terminate any

account. We will have the right to refuse to register an account on the App at our sole

discretion, in particular, if we believe that the information provided during the account

registration was incorrect or the account was opened fraudulently. We may suspend or

terminate an existing account immediately and without notice if we believe that a

Member is in breach of any of these terms, no longer meets the account eligibility

criteria set out in section 5.2, or if we are required to do so under any applicable law or

regulations or asked to do so by a regulator or any governmental body.

5.4 Keep your account details secure. In order to use the App, you will receive a

username, password, and license key (Access Credentials). You shall: (a) maintain

the confidentiality and security of your Access Credentials and not disclose them to

anyone; and (b) notify us as soon as you become aware or suspect that your Access

Credentials have been compromised, or in case of any actual or suspected unauthorised

use of your Access Credentials. We will not be liable to you for any loss or damage you

incur as a result of your breach of this section.

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5.5 Linking credit card or digital wallet address. You will need to link your credit

card or digital wallet address to your account on the App to use the Services and

conduct certain payment transactions. These payment transactions may take place on

third-party websites, so please see section 10 for more information on Third-Party

Products. You are solely responsible for ensuring that the credit card details or digital

wallet address provided by you are correct and you agree that we will not be liable as a

result of any incorrect details being provided by you.

5.6 Right to use the App. By accepting your account registration application and

creating an account for you on the App, we grant to you a limited, non-exclusive, nontransferable, revocable right to access and use the App and the Services, subject to your

compliance with these terms, including section 5.7.

5.7 Prohibited uses. You shall not use the App for or in connection with any of the

purposes or any of the matters listed below and you acknowledge that any such use

may result in immediate suspension or termination of your account and of your right

to use the App and the Services. You shall not use the App and the Services to:

(a) conduct any unsolicited or unauthorised advertising or promotional activity or

any other form of similar solicitation (spam);

(b) conduct or be involved in any activities which are, or may result in, a breach of

any applicable laws, including, but not limited to, laws against money

laundering or terrorist financing;

(c) engage in any activity that may bring us, the Website or the App or any other

Member into disrepute (whether defamatory or not);

(d) conduct or be involved in any activities which are, or may result in, a breach of

any rights of any third party, including their intellectual property rights;

(e) act in any way that is unlawful, fraudulent, or has any unlawful or fraudulent

purpose or effect (including providing any false, inaccurate or misleading

information to us or any other Member);

(f) disseminate any content that contains viruses, or is illegal, immoral or in any

other way inappropriate or harmful;

(g) conduct, facilitate, authorise, or permit any text or data mining or web scraping;

(h) interfere in any way in any software in the App or incorporate it into any other

program or application;

(i) disassemble, decompile, reverse-engineer or otherwise attempt to obtain access

to the source code, object code, algorithms, components or any concepts or

ideas incorporated into the App;

(j) access any part of the App to build a product or service which competes with

the App, or any functionality provided by it; or

(k) assist any ineligible person in opening an account and becoming a Member.

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6 User Content

6.1 Content. All information, materials, commentary, recommendations, and any other

items and content uploaded by the Members onto the App constitute User Content.

6.2 User Content standards. All User Content submitted to the App: (a) must be

accurate; (b) must comply with all applicable law or regulation, including in any

country from which it is posted; (c) must be appropriate and not offensive; (d) must be

free of charge or any commission; (e) must not represent a financial advice; (f) must

not be affiliated with any competitors; (g) must not induce anyone to enter into any

transaction; and (h) to must not infringe any third-party rights.

6.3 User Content monitoring. We are not required to monitor User Content, but we

reserve the right to remove any User Content from the App if it does not, in our opinion,

meet these User Content standards. All Members are responsible for complying with

the User Content standards for any User Content they submit. We accept no liability to

you or any other Member or third party in relation to the content, accuracy or

completeness of any User Content. We reserve the right to terminate these terms and

remove access to the App and Services from the Member who breaches section 6.2.

6.4 Ownership of User Content. For the purpose of these terms, we assume that you

own your User Content and by uploading it on the App, you do not transfer any

ownership to us. By uploading any User Content, you: (a) represent and warrant that

you have the right to upload and publish the User Content, whether as an owner or a

licensee; and (b) grant us a non-exclusive, worldwide, royalty-free, fully paid up,

transferrable, sublicensable, perpetual and irrevocable licence to copy, display, upload,

distribute, publish, store, and otherwise use your User Content to the extent and in

such a manner as is necessary to operate the App.

6.5 User Content reliance. You are solely responsible for relying on any User Content.

We shall not be liable to you or any third party if you rely on any User Content and

suffer any financial loss or damage as a result of it.

7 Fees

7.1 Member fees. In consideration for the provision of the App and the Services to you,

you shall pay us the fee as specified on the Website and the App (Fees). The Fees shall

be paid weekly, monthly, or annually as chosen by you at the time of your account

registration. All amounts payable by you include amounts in respect of VAT. If you

want to change the frequency of the payment, you should do so by notifying us.

7.2 Annual Fees. You shall link your credit card or digital wallet address to your account

to pay us the annual Fees. We shall charge you the annual Fees at the time of your

account registration. The annual Fees will renew automatically at the end of thencurrent 12-month period unless these terms are terminated by you or us in accordance

with section 12.

7.3 Monthly Fees. You shall link your credit card or digital wallet address to your account

to pay us the monthly Fees. We shall automatically charge your credit card or digital

wallet address for the monthly Fees on or about the same date of each month (i.e., if 

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you have registered your account and paid the first monthly Fees on the 5th of

September, we will charge you for the next monthly Fees on or around the 5th of

October). If your credit card or digital wallet address bounces, we will try to use it again.

If we are unable to charge you the monthly Fees after the second attempt, we reserve

the right to suspend your access to the Website, the App, and the Services, and

terminate these terms.

7.4 Weekly Fees. You shall link your credit card or digital wallet address to your account

to pay us the weekly Fees. We shall automatically charge your credit card or digital

wallet address for the weekly Fees on or around the same date of each week (i.e., if you

have registered your account and paid the first weekly Fees on Monday, we will charge

you for the next weekly Fees on or around next Monday). If your credit card or digital

wallet address bounces, we will try to use it again. If we are unable to charge you the

weekly Fees after the second attempt, we reserve the right to suspend your access to

the Website, the App, and the Services, and terminate these terms.

7.5 Third party charges. You acknowledge that third parties may pay some fees to us in

consideration for your use of the App and the Services. You agree that we are under no

obligation to account to you for any benefit, commission, remuneration or profit made

or received by us as a result of your use of the App and the Services.

7.6 Taxes. You are responsible for any taxes that may be due in connection with any

payment transactions completed by you through the App. It is your sole responsibility

to determine whether, and to what extent, any taxes apply to your payment

transactions, and to withhold, collect, report and remit the correct amount of tax to the

appropriate tax authorities. You will indemnify us in full in the event we are required

to pay any taxes in respect of your payment transactions completed through the App.

8 Intellectual Property Rights

8.1 Rights to the Website and the App. We are the owner or the licensee of all

intellectual property rights in the Website, the App, the Services, and all material

published on the Website and the App. Those works are protected by copyright laws

and treaties around the world. This means that you are not permitted to copy and use

any such content other than in accordance with this clause. All such rights are reserved.

Our status (and that of any contributors) as the authors of content on the Website and

the App must always be acknowledged. You must not use any part of the content from

the Website or the App for commercial purposes without obtaining a licence from us.

You agree to indemnify and hold us harmless against any losses we may suffect as a

result of your breach of this section 8.1 or any third-party intellectual property rights.

8.2 Linking to the Website and the App. You may link to our home page only,

provided you do so in a way that is fair and legal and does not damage our reputation

or take advantage of it. You must not establish a link in such a way as to suggest any

form of association, approval or endorsement on our part where none exists. You must

not establish a link to the Website and the App on any website that is not owned by

you. The Website and the App must not be framed on any other site, nor may you create

a link to any part of the Website and the App other than the home page. We reserve the

right to withdraw linking permission without notice.

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9 Risks

Risks. You acknowledge and agree that the Website, the App and use of the Services

are subject to various risks. Some of the risks, which you should be aware of and accept

before you conclude any transaction on the App and use the Services, are as follows:

(a) the information on the Website, the App, the Services, the Trade Notifications

and the User Content might not always be accurate, complete, or reliable;

(b) the Trade Notification might not always arrive in a timely manner;

(c) changes in laws and regulations may affect your rights to use the Website, the

App, the Services, own or purchase digital assets, including NFTs;

(d) transactions on the App and the third-party platforms which the App links to

are irreversible, including when they are accidental or fraudulent, which means

that losses suffered may not be recoverable; and

(e) trading strategies performed by the Tracked Traders carry inherent risks and

following their trades and trading strategies may cause you to lose all of the

value of your investment;

(f) forex trading is an inherently high-risk trading strategy and any investments

you make based on trades copied from the Tracked Traders are likely to be

subject to high levels of volatility;

(g) the Tracked Traders are not endorsed by us and there is inherent risk in copying

trades from third parties of whom you do not have the full picture or

understanding of the purpose of their investment positions;

(h) copying the strategy of the Tracked Traders will not guarantee that you get

identical performance on your own investments because of market timing, and

you may end up in a much worse position that the Tracked Trader even by

copying their trades;

(i) the volatile nature of digital assets, including NFTs, means that the price can

fluctuate rapidly, and the ability to find a purchaser may be affected;

(j) the use, ownership and transfer of digital assets, including NFTs, is not

regulated in most jurisdictions, which means that your ownership and

transactions in digital assets will not be afforded regulatory protections;

(k) transactions involving digital assets, including NFTs, are irreversible, including

when they are accidental or fraudulent, which means that losses suffered may

not be recoverable;

(l) digital assets, including NFTs, may be susceptible to fraud, cyberattacks or

technological issues which may affect your ability to use or sell your digital

assets, and if the digital asset is stored off-chain, the digital asset may be subject

to a risk of loss.

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10 Third-party sites, products and services

The Website and the App may integrate with third-party apps, platforms, or services

(Third-Party Products). You acknowledge that all Third-Party Products are

provided by the relevant third parties, not by us, and are subject to the third-party

terms and conditions applicable to Third-Party Products. We will not be responsible

for the availability of any Third-Party Products and will not be liable to you for any

matters related to the delivery of (or a failure to deliver) Third-Party Products to you.

11 Disclaimers and liability

11.1 We are not responsible or liable for the actions of Members. All Members

must ensure that they have all necessary rights, authorisations, and permissions to use

the Website, the App, and the Services. We will not verify any Member’s rights,

authorisations, and permissions and we will not be liable for the acts or omissions of

any Member.

11.2 We are not responsible for viruses and you must not introduce them. We

do not guarantee that the Website and the App will be secure or free from bugs or

viruses. You are responsible for configuring your information technology and

computer programmes to access the Website and the App. You should use your own

virus protection software. You must not misuse the Website and the App by knowingly

introducing viruses, trojans, worms, logic bombs or other material that is malicious or

technologically harmful. You must not attempt to gain unauthorised access to the

Website or the App, the server on which the Website or the App is stored or any server,

computer or database connected to the Website or the App. You must not attack the

Website or the App via a denial-of-service attack or a distributed denial-of-service

attack. By breaching this provision, you may commit a criminal offence. We may report

any such breach to the relevant law enforcement authorities, and we will co-operate

with those authorities by disclosing your identity to them. In the event of such a breach,

your right to use the Website, the App, and the Services will cease immediately.

11.3 We do not provide any financial advice. The Website, the App, and the Services

are not intended for speculative use or represented to be financial products and

nothing we publish on the Website and the App should be interpreted or relied on as

financial advice to you or any other person. No content on the Website, the App, or the

Services is bespoke to you or your financial position and you should always consult

professional advisers (including financial, legal and tax) before pursuing any

investment activity.

11.4 We do not hold any money or asset on your behalf. We will not hold any money

or asset on your behalf and we shall be responsible to you or any third party if you lose

any money or assets as a result of using the Website, the App, or the Services.

11.5 We do not make available any trading facilities directly. At no point do we

arrange or facilitate any deals in investments by you and any trading activities carried

on by you are performed on a third party platform with the necessary regulatory

authorisations and permissions. 

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11.6 We do not make any warranties in respect of the Website, the App, and the

Services. The Website, the App, and the Services, are provided on an “as is” and “as

available” basis and we make no representations or warranties (whether express or

implied) that: (a) the Website, the App, or the Services will meet your requirements;

(b) the results, outcomes or financial returns obtained from the use of the Website, the

App, or the Services will meet your expectations; (c) the App membership will always

be available for purchase on the Website; and (e) the Services will always be accessible.

To the fullest extent permitted by law, we disclaim all warranties of any kind, whether

express or implied, statutory or otherwise, including but not limited to warranties of

merchantability, fitness for a particular purpose, title and non-infringement as to the

Website, the App and the Services. This does not affect any warranties that cannot be

excluded or limited under applicable law.

11.7 We do not make any warranties in respect of the Trade Notifications. Some

of the Trade Notifications displayed in the App are received by us from the third

parties. The Trade Notifications are provided to you on an “as is” and “as available”

basis, and we make no representations, warranties or guarantees, whether express or

implied, that the Trade Notifications are accurate, complete, legal, safe, or up to date.

11.8 Content is provided for general information only. The content on the Website

and the App is provided for general information only. It is not intended to amount to

advice on which you should rely. You must obtain professional or specialist advice

before taking, or refraining from, any action based on the content on the Website and

the App. Although we make reasonable efforts to update the information and content

on the Website and the App, we make no representations, warranties or guarantees,

whether express or implied, that the content on the Website and the App is accurate,

complete, legal, safe, or up to date.

11.9 Limitation of liability. To the fullest extent permitted by law, in no event will we be

liable to you or any third party for any: (a) loss of profit; (b) loss of sales; (c) loss of

data or information; (d) damage to goodwill; (e) loss of revenue; (f) loss of use; (g)

indirect, consequential, exemplary, incidental, special or punitive damages, arising in

connection with the use of the Website, the App, the Services, or these terms, whether

in contract, tort (including negligence), breach of statutory duty or otherwise, and

whether foreseeable or not, and even if we have been advised of the possibility of any

such losses occurring. Notwithstanding anything to the contrary in these terms in no

event will our total aggregate liability to you shall exceed the Fees you paid to us in the

preceding 12 months before the claim arose. The limitations and exclusions of liability

in this section 11 or anywhere else in these terms will not apply to our liability for death

or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or

any other liability which cannot be limited or excluded by law. At no time will we be

liable to you for any losses you incur as a result of pursuing any trading strategies or

investment activity on third party platforms.

11.10 Your liability to us. You agree to indemnify us to the fullest extent permitted by the

applicable laws, and agree to defend and hold us harmless, from and against all

liabilities, costs, expenses, damages and losses suffered or incurred by us arising out

of or in connection with: (a) your use of the Website, the App, the Services, and the

Trade Notifications; and (b) infringement by you of any third-party rights.

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12 Termination

12.1 Your termination of these terms. You may terminate these terms by stopping the

use of the Website, the App, the Services, and deleting your account on the App. If you

are paying your Fees monthly, you shall notify us at least 10 working days before you

wish to terminate these terms to avoid being charged the Fees for the following month.

12.2 Our termination of these terms. We may terminate these terms and suspend your

access to the Website, the App, and the Services at any time without any notice to you,

including if you: (a) fail to pay the Fees; (ii) breach these terms or any third-party

terms; (iii) breach any applicable laws and regulations; and (iv) unable to pay your

debts as they fall due, or declared bankrupt or insolvent.

12.3 Effect of termination. Any provision of these terms which expressly or by

implication is intended to come into or continue in force on or after termination of

these terms, shall remain in full force and effect. Termination of these terms shall not

affect any rights, remedies, obligations or liabilities of the parties that have accrued up

to the date of termination, including the right to claim damages in respect of any breach

of these terms which existed at or before the date of termination.

13 Other important terms

13.1 No partnership or agency. Nothing in these terms is intended to, or shall be

deemed to, establish any partnership or joint venture between you and us, constitute

any party the agent of another party, or authorise any party to make or enter into any

commitments for or on behalf of any other party.

13.2 Assignment. We may assign our rights and obligations under these terms (without

your prior express consent), provided that your rights under these terms remain

unaffected. You must not assign your rights or obligations under these terms.

13.3 Events outside control. Neither party will have any liability under or be deemed to

be in breach of these terms for any delays or failures in performance of these terms

which result from circumstances beyond its reasonable control.

13.4 Third-party rights. A person or entity who is not a party to these terms has no right

to enforce any of these terms.

13.5 Notices. Any notice given to a party under or in connection with these terms shall be

in writing and shall be delivered by hand or by pre-paid first-class post or other next

working day delivery service at its registered office or its principal place of business or

sent by email to the addresses specified by the party.

13.6 Waiver. Any right or remedy granted to us for breach of these terms will be in addition

to all other rights and remedies available to us. If we fail or delay to exercise any right

or remedy, or only exercise the same in part, this does not mean that we waive such

right or remedy in full in the future.

13.7 Entire Agreement. These terms constitute the entire agreement between the parties

and supersede and extinguish any and all previous and contemporaneous agreements, 

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promises, assurances, and understandings between them, whether written or oral,

relating to its subject matter.

13.8 Severance. If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant

authority decides that any of them are unlawful, the remaining paragraphs will remain

in full force and effect.

13.9 Governing law and jurisdiction. These terms and any dispute or claim arising out

of, or in connection with, them, their subject matter or formation (including noncontractual disputes or claims) will be governed by, and interpreted in accordance

with, the laws of England and Wales and the parties agree that the courts of England

and Wales will have exclusive jurisdiction to settle such disputes or claims