Terms of Service of ForestTrader

INTRODUCTION

As used in these terms and conditions (the “Terms of Service”), “we”, “us”, and “ForestTrader” means CMO International Limited, a Mauritian corporation.

ForestTrader offers various products and services to help businesses create finance applications for their users, such as for savings, payments, lending, investing, insurance, or trading. Any such services offered by ForestTrader are referred to in these Terms of Service as the “Services.” Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.

As a condition to using the ForestTrader website (the “Website”) or any of the Services, you must read, agree with, and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including ForestTrader’s Privacy Policy. By signing up for a ForestTrader Account, using the Website, or using any of the Services, you are agreeing to these terms.

Please carefully review the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. You can access the current version of the Terms of Service at any time at https://www.foresttrader.io/terms. ForestTrader reserves the right to update and change the Terms of Service by posting updates and changes on the Website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. If you do not agree to any of this, you must immediately cease using the Services.

Account terms

1. To access and use the Services, you must register for a ForestTrader account (an “Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. ForestTrader may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.

2. You must be the older than: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

3. You confirm that you are receiving any Services provided by ForestTrader for the purposes of carrying on a business activity and not for any personal, household, or family purpose.

4. You acknowledge that ForestTrader will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.

5. You are responsible for keeping your password secure. ForestTrader cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

6. You are responsible for all activity and content such as images, graphics, written content, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account (“User Content”).

7. You are responsible for complying with all applicable laws in using the Services, including, without limitation, the laws of any applicable jurisdiction regarding the provision of financial services.

8. Any breach or violation of any term in the Terms of Service, including the Privacy Policy, may result in an immediate termination of your Services, as determined in ForestTrader’s sole discretion.

ACCOUNT ACTIVATION

ACCOUNT owner

1. Subject to the provision below, the individual signing up for the Service by opening an Account will be the contracting party (the “Account Owner”) for the purposes of our Terms of Service and will be the party that is authorized to use any corresponding Account we may provide to the Account Owner in connection with the Service. You are responsible for ensuring that the legal name of the Account Owner is clearly visible on all the ForestTrader Applications you use.

2. If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3. Your Account can only be associated with one Account Owner. However, an Account Owner may have multiple Accounts.

4. ForestTrader warrants and represents that it will make your application available on the Services within 10 business days of the completion of the Account Setup Process. In the event that your application is not made available as warranted, you may log a support ticket for the delay.

General conditions

As a condition to using the Services, you must read, agree with, and accept all the terms and conditions contained in these Terms of Service and in the Privacy Policy.

1. Technical support in respect of the Services is only provided to ForestTrader End Users.

2. The Terms of Service shall be governed by and interpreted in accordance with the laws of Mauritius.

3. You acknowledge and agree that ForestTrader may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Website, available at https://www.foresttrader.io/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to the Website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Services.

4. You may not use the Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you, or the laws of Mauritius. You will comply with all applicable laws, rules, and regulations in your use of the Services and your performance of obligations under the Terms of Service.

5. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by ForestTrader.

6. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use ForestTrader or ForestTrader trademarks and/or variations and misspellings thereof.

7. Questions about the Terms of Service should be sent to ForestTrader Support.

8. You understand that your User Content (not including bank account and credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Bank account and credit card information is always encrypted during transfer over networks.

9. The Services allow you to send certain communications to your customers by short message service (SMS) messaging and email (for example, sending transaction confirmation notifications) (the “Messaging Services”). You will only use the Messaging Services in compliance with these Terms of Service, Twilio's Acceptable Use Policy and our Acceptable Use Policy, and the laws of the jurisdiction from which you send messages, and in which your messages are received.

10. You acknowledge and agree that your use of the Services, including information transmitted to or stored by ForestTrader, is governed by its Privacy Policy.

11. All the terms and provisions of the Terms of Service shall be binding upon and insure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. ForestTrader shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without ForestTrader’s prior written consent, to be given or withheld in ForestTrader’s sole discretion.

12. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

13. The sections hereof entitled “Account Terms”, provisions (2) through (5) of “General Conditions”, “ForestTrader Contracting Party”, “Confidentiality ”, “Limitation of Liability ”, “Waiver, Severability, and Complete Agreement ”, “Payment of Fees ”, “Cancellation and Termination ”, “Rights of Third Parties ” and “Privacy and Data Protection ” will survive the termination or expiration of these Terms of Service.

confidentiality

1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses, and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary, and whether relating to a party to these Terms of Service, a ForestTrader User, a ForestTrader End User, or an End User. ForestTrader’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

2. You and ForestTrader each agree to use Confidential Information disclosed by the other party solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this section. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure, or use of any such Confidential Information, other than (i) by or to its employees, agents, and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

LIMITATION OF LIABILITY

Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

To the maximum extent permitted by applicable law, ForestTrader expressly disclaims all liability or responsibility for any (i) errors, mistakes, or inaccuracies of any content; (ii) property damage, of any nature whatsoever, resulting from your access to or use of the services; (iii) any unauthorized access to or use of your account, the services, our servers and/or any and all information stored therein; (iv) any interruption or cessation of transmission to or from the services; (v) any price change or modification of the services; (vi) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the services by any third party; (vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the services; and/or (viii) the defamatory, offensive, or illegal conduct of any third party.

In no event shall ForestTrader(and its respective officers, directors, employees, members, agents, and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential damages or damages for lost profits, arising out of, or in any way connected with, your access to or use of the services or with the delay or inability to access, display, or use the services; any computer viruses, information, software, products, and services from a third party obtained through the services; or otherwise arising out of the access to or use of the services, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if ForestTrader has been advised of the possibility of such damages.

In no event shall ForestTrader (and its respective officers, directors, employees, members, agents, and affiliates) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in excess of the total amount paid by you to us in the 12-month period preceding the event giving rise to the claim or $25,000, whichever is less. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms of service is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These terms of service give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms of service will not apply to the extent prohibited by applicable law.

WAIVER, SEVERABILITY, COMPLETE AGREEMENT, AND ASSIGNMENT

The failure of ForestTrader to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference (including without limitation the Privacy Policy ), is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and ForestTrader and govern your use of the Services and your Account, superseding any prior agreements between you and ForestTrader (including, but not limited to, any prior versions of the Terms of Service). In the event of a conflict between the Terms of Service and the Privacy Policy, the provisions of the Privacy Policy shall prevail.

The remedies available to ForestTrader in these Terms of Service are cumulative and in addition to any others available to ForestTrader. ForestTrader may seek all remedies available to it at law and in equity for any violation of these Terms of Service.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by ForestTrader without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.

PAYMENT OF FEES

1. You will pay the fees applicable to your ForestTrader transaction activity when issued on a monthly basis with a valid invoice from ForestTrader.

2. Unless you and ForestTrader have otherwise agreed in writing, you must keep a valid payment method on file with us to pay for all incurred Fees. ForestTrader will charge applicable Fees to any valid payment method that you authorize (an “Authorized Payment Method”), and ForestTrader will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in British Pounds (GBP), and all payments shall be in British Pounds currency.

3. You hereby authorize ForestTrader and its authorized third-party payment processor (the “Payment Processor”) to charge the Authorized Payment Method for all Fees, and you represent and warrant that you are authorized to use and have Fees charged to such account. You also agree to comply with the Payment Processor’s service agreement, if any. If ForestTrader receives notice that you have violated the Payment Processor’s service agreement, ForestTrader may at its sole discretion take action to comply with such service agreement, including by cancelling your Account and/or employing any other remedy provided by these Terms of Service.

4. Unless you and ForestTrader have otherwise agreed in writing, transaction Fees are paid upon invoice and invoices will be issued in 30-day intervals, the “Billing Date”. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. ForestTrader Users have approximately two weeks to bring up and settle any issues with the billing of any Fees.

5. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your Application during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, ForestTrader reserves the right to terminate your Account.

6. All Fees are exclusive of applicable federal, provincial, state, local, or other governmental taxes, if applicable or other duties, fees, or charges now in force or enacted in the future (“Taxes”).

7. You are responsible for all applicable Taxes that arise from or as a result of your ForestTrader Subscription or purchase of ForestTrader’s services. To the extent that ForestTrader charges these Taxes, they are calculated using the tax rates that apply based on the billing address associated with your Account that you provide to us. Such amounts are in addition to the Fees for such services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to ForestTrader of your exemption. If you are not charged Taxes by ForestTrader, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

8. For the avoidance of doubt, all sums payable by you to ForestTrader under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than any Taxes charged by ForestTrader to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. ForestTrader shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

9. You must maintain an accurate jurisdiction of incorporation on the Settings page of your Account Admin. If you change jurisdictions, you must promptly update your location on the Account page of your Account Admin.

CANCELLATION AND TERMINATION

1. You may cancel your Account and terminate the Terms of Service at any time by contacting ForestTrader Support and then following the specific instructions given to you.

2. Upon termination of the Services by either party for any reason:

1. Ⅰ. ForestTrader will cease providing you with the Services and you will no longer be able to access your Account or your Application;
2. Ⅱ. Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise.
3. Ⅲ. Any outstanding balance owed to ForestTrader for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
4. Ⅳ. Your Application will be taken offline.

3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

4. We reserve the right to modify or terminate the Services, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

5. Without limiting any other remedies, ForestTrader may suspend or terminate your Account as provided in the section entitled “ForestTrader Rights”.

ACCEPTABLE USE POLICY

The Website and the Services may only be used within the scope of their purposes, subject to these Terms of Service and applicable law.

ForestTrader Users are solely responsible for ensuring that their use of the Website and the Services violates no applicable law, regulations, or third-party rights

ForestTrader reserves the right to take any appropriate measure to protect its legitimate interests including by denying ForestTrader Users access to the Website or the Services, suspending or terminating Accounts, and reporting any misconduct performed through the Website or the Services to the appropriate judicial or administrative authorities whenever ForestTrader Users engage or are suspected to engage in any of the following activities, as determined in ForestTrader’s sole discretion:

• Violation of laws, regulations, and/or these Terms of Service
• Infringement of any third-party rights
• Impairment of ForestTrader’s legitimate interests
• Offensive behaviour or verbal or written abuse of any kind (including threats of abuse or retribution) of any ForestTrader User, or ForestTrader employee or contractor

DMCA NOTICE AND TAKEDOWN PROCEDURE

ForestTrader supports the protection of intellectual property and asks ForestTrader Users, Partners, and Developers to do the same. We will respond promptly to all notices of alleged copyright infringement. If someone believes that one of our ForestTrader Users, Partners, or Developers is infringing their intellectual property rights, they should send a notice to ForestTrader Support that (i) identifies the original copyrighted work, (ii) identifies the Materials that allegedly infringe on such work’s copyright, and (iii) is signed by the copyright holder or their agent (the “DMCA Notice”). Upon receiving the DMCA Notice, we will notify the relevant party, and we may remove or disable access to the relevant Materials. Once provided with the DMCA Notice, the relevant party can reply with a counter notification if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the relevant party from engaging in the infringing activity, otherwise we will restore the Materials.

RIGHTS OF THIRD PARTIES

Other than ForestTrader and its affiliates, ForestTrader Users, ForestTrader End Users or anyone accessing the Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms of Service.

PRIVACY AND DATA PROTECTION

We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.

ForestTrader is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Website and the Services, you acknowledge and agree to ForestTrader’s collection, usage, and disclosure of this personal information as governed by our Privacy Policy.

ForestTrader employees and contractors will be given access your data for the following reasons:

• To help you with support requests you make. We’ll ask for express consent before accessing your Account.
• To improve and safeguard the Services. We’ll look at logs and metadata as part of our work to ensure the security of your User Content and the Services as a whole. If necessary, we may also access Accounts as part of an abuse report investigation.
• To the extent required by applicable law.

We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. Under the California Consumer Privacy Act (“CCPA”), ForestTrader is a “service provider,” not a “business” or “third party,” with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service, our Privacy Policy, and our other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. By using the Services, you agree to comply with your requirements under the CCPA and not to use the Services in a way that violates the regulations.