Terms and Conditions
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
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.
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.
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
(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.
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.
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.
7.1 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
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.
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.
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
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
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.
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.
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,
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