TERMS AND CONDITIONS

These Terms and Conditions (the "T&C") constitute a legally binding agreement between Brenlita UAB (the "Company") and you (the "Client").

DEFINITIONS

The capitalised terms used in these Terms and Conditions shall have the following meaning:

• Account – an account on the Website opened for the Client to order and manage the Services.
• Client – an individual or legal entity with whom the Company enters into the agreement under these T&C.
• Company – Brenlita UAB is a legal entity registered in Lithuania with legal entity code 305278622, registered office at Žalgirio g. 92-100, LT-09300 Vilnius, Lithuania. The Company might be contacted through email: info@brenlita.com; Phone: +370 525 08317; Office: Žalgirio g. 92-100, LT-09300 Vilnius, Lithuania
• Website – the Company's webpage, available at https://trendnotifier.com
• Intellectual Property Rights – any and all rights existing now or in the future under patent law, copyright law, data and database protection law, trade secret law, trademark law, competition law, whether or not registered or capable of registration, and whether subsisting in any specific country(-ies) or any other part of the world, and any and all other proprietary rights of any kind, including without limitation rights to domain names, as may be updated and expanded periodically.
• Materials – any information and data provided by the Company to the Client during the provision of the Services.
• Services – the services provided by the Company to the Client under these T&C.
• System – the Company's owned and/or used technical solution that enables the Company to collect, analyse, store and deliver certain information and data.
• T&C – these Terms and Conditions.

In interpreting these T&C:

• All article, clause, schedule and paragraph headings in these T&C are solely for convenience and shall not affect their interpretation.
• Unless the context clearly indicates otherwise, words denoting one gender include all genders, words denoting individuals or persons include entities and vice versa, words used in the single include the plural and vice versa, and the words "including", "included", "in particular" and of any similar expression shall be construed as being by way of illustration only and not as limiting the generality of any words preceding them.
• References to a person shall include references to that person's legal representatives, successors and permitted assigns.
• References to any statute, statutory provision, subordinate legislation under the relevant statute, or European Union (EU) directive or regulation shall include any statute, statutory provision, subordinate legislation, or EU directive or regulation which amends or replaces it or has amended or replaced it.

BINDING EFFECT

These T&C regulate the provision of the Services by the Company to the Client.

These T&C shall constitute a legally binding agreement between the Company and the Client which enters into force on the date the Client signs its confirmation to be bound under these T&C and remains in force an indefinite period of time unless it is terminated following the provisions set forth herein.

Any additional terms and conditions which regulate relationship between the Company and the Client that are not stated in these T&C, as well as any additional services or products that the Company provide or make available to the Client from time to time not covered by these T&C may be subject to a separate agreement or annex executed between the Company and the Client. In case of any conflict between these T&C and separate agreement or annex concluded between the Company and the Client, the terms of a separate agreement or annex shall prevail.

By using the Website and/or the Services, the Client represents and warrants that he: is at least 18 years old; has the legal capacity to enter into an agreement with the Company; is not a person barred from purchasing or receiving the Services under the laws applicable to these T&C or other applicable jurisdiction; meets the conditions for purchase and (or) use of the Services, if any, as specified in the Agreement, including sanctions compliance clauses.

If the natural person enters into these T&C on behalf of a legal person, the natural person represents and warrants that he has the legal authority to bind such entity to this T&C and to act on behalf of such entity with respect to any actions the person takes in connection with the T&C.

The Client represents and warrants that: he is not a resident of, and will not use or distribute the Services in, any jurisdiction subject to the sanctions of the United States of America and/or the European Union; he is not owned or controlled, directly or indirectly, by any sanctioned person or entity and do not act for their benefit or under their direction; he will not provide indirect access to the Services to any non-compliant party or participate in activities aimed at circumventing applicable sanctions.

RISK AND INVESTMENT DISCLAIMER

The Company is not a licensed broker and does not provide financial services, including financial advice. The Materials received by the Client from the Company should not be interpreted as a recommendation or endorsement to buy, sell, or hold any financial instrument (stocks, bonds, cryptocurrencies, etc.).

The Materials are provided solely for general informational purposes and do not constitute legal, tax, accounting, financial, or investment advice. The Client bears full responsibility for any losses arising from reliance on the Materials.

Engaging in trading activities involving financial instruments (stocks, bonds, cryptocurrencies, etc.) carries significant risks, including the potential loss of invested capital, and may not be appropriate for all investors.

Prior to making any investment decisions, it is strongly recommended to consult a licensed broker.

SERVICES

The Company provides the following services to the Client:

1. Scanning charts of major European stock exchange indices and applying selected technical analysis tools (including, but not limited to, Simple Moving Average (SMA), Relative Strength Index (RSI), Bollinger Bands, etc.) as chosen by the Client; and
2. When a selected technical event occurs, the System generates an alert (the "Materials") and delivers it to the client at the email address provided to the Company during the Account opening.

The Services are provided on an "as is" basis, without any express or implied warranties. The Company does not guarantee the accuracy, completeness, timeliness, free of errors or reliability of the Services.

The Company may modify, suspend, or discontinue the Services at any time without notice and assumes no liability for such changes. Under no circumstances shall the Company and/or its representatives be liable for any financial loss, lost profits, special, incidental, or consequential damages, or any other loss arising from the use of the Services or reliance on the Materials.

The Company does not guarantee uninterrupted access, error-free provision of the Services. Access may also be restricted in certain locations or due to technical limitations, high demand, or other factors beyond the Company's control. The Company is not responsible for any damage or loss to the Client's computer systems, data, or records, or for any delays, errors, or malfunctions arising from the use of the Services, telecommunications issues, software or hardware failures, system capacity limitations, security breaches, or unauthorised access.

Access to the Services requires certain electronic devices, such as a computer, a smart device, and an internet connection. The Client is solely responsible for providing and maintaining these means.

The Client assumes all risks related to the use and storage of information, including the Materials, on their personal computer, mobile device, or any other device used to access the Services.

ACCOUNT

To order and manage the Services, the Client must create the Account. This involves providing personal data such as the Client's name, email address, password, and/or other information. The Client is allowed to use only his own credentials (name, etc.). The Client is solely responsible for keeping his email address and password confidential. If the Client suspects any unauthorised use of his Account, the Company must be informed immediately.

The Company reserves the right to suspend or cancel the Account at any time without notice.

The Client may cancel the Account at any time without notice. This can be done by following the instructions on the Account and/or the Website or by contacting the Company.

These T&C are considered terminated upon cancellation of the Account. Any provision of these T&C that expressly or by implication is intended to come into or continue in force on or after the termination of these T&C shall remain in full force and effect. Termination of these T&C, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.

MATERIALS

The Materials are delivered to the Client via email to the address provided to the Company during the Account opening.

By opening the Account, the Client agrees to receive emails containing the Materials. The Client can unsubscribe from these emails anytime using the instructions provided in the email or through the settings of the Account.

The Materials are not investment advice and must not be treated as a recommendation to invest or to refrain from investing.

The Materials are provided on a basis of "as is" and only for internal, non-commercial use. The Client is strictly prohibited from providing the Materials to any third party, using them to create or operate any financial product, index or service.

The Company makes no warranties regarding the Materials, their accuracy, completeness, availability, non-infringement or fitness for a specific purpose, and does not guarantee any results from its use. The Company is not liable for any errors, omissions or outcomes arising from reliance on the Materials.

PROPER USE OF THE SERVICES AND THE WEBSITE

The Client is prohibited from selling, renting, leasing, distributing, sublicensing, publicly performing or displaying, publishing, editing, creating derivative works from, copying, modifying, or otherwise making unauthorized use of the Materials, or of the Company's trademarks, logos, brand names, or any other similar identifying marks, as well as any copyright or proprietary information and data included in the Website and/or Materials.

The Client may not use the Services to develop, operate, or support any service that competes with or is substantially similar to the Services.

The Client must not use the Services for any unlawful purpose or in violation of any applicable law or regulation, including but not limited to laws protecting intellectual property rights, proprietary information, and personal data (including patents, trademarks, trade secrets, copyrights, or confidential information of third parties), or any laws relating to data privacy and protection, including dissemination of another individual's personal information without consent.

The Client is strictly prohibited from disassembling, decompiling, or reverse engineering any portion of the Website and/or the System.

RIGHTS AND DUTIES OF THE CLIENT

The Client shall provide the Company with all available information regarding any unauthorised entry into the Account, as well as any illegal actions by third parties resulting from such unauthorised entry.

The Client acknowledges and agrees that the Company shall have the right to sub-contract any of the obligations under these T&C without Client's prior consent and may engage, in its sole discretion, third-party providers to assist to provide Services to the Client, and that the Company shall have the right to transfer to Company's third-party providers all data that the Client provided, or cause to be available to the Company in connection with these T&C, provided, however, that such third-party providers are bound by confidentiality obligations and abide themselves to data protection requirements set by the Company and data protection laws. The Client may obtain information about Company's partnership with third-party providers and contact data upon request to the Company.

The Client is prohibited:

• To use the Services for any unlawful or illegal purposes.
• To provide the Company with false, misleading or inaccurate information.
• To introduce viruses or other malware and destructive components into the System and/or the Website.
• To use the Services in a manner that may violate any applicable laws.
• To disclose security credentials used to access the Account to any third parties.

FEES AND CHARGES

The Company provides the Services for fees published on the Website and/or the Account. If no information is provided indicating that a fee is charged for using the Services or any part of them, it shall be understood that the Service is provided free of charge.

The Company shall not be obligated to determine whether taxes, duties, and other relevant charges apply to the Client as a result of the Client's purchase of the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever.

DATA PROTECTION

For more details regarding the data protection and processing, please refer to the Privacy Policy that is available on the Website.

CONFIDENTIALITY

The Client undertakes to keep confidential the technical and commercial information which has become known to the Client during contractual relations with the Company, except for publicly available information. The Client shall not transfer such information to any third party without the Company's prior written consent.

INTELLECTUAL PROPERTY

The Client acknowledges and agrees that any and all titles, interests and Intellectual Property Rights that exists now, and all such titles, interests and rights subsequently acquired by the Company to the Website, the Systems, the Accounts and the Materials in their entirety, including without limitation to all information, content and material contained therein, are owned or licenced by the Company and are protected by intellectual property laws and/or international treaty provisions.

Nothing in these T&C grants the Client any legal rights to the System, the Website and the Materials in their entirety other than as necessary to enable the Client to obtain the Services.

The Company's name and logos are trademarks of the Company. Other marks, graphics, icons, names and logos used or displayed on or through the Website, the Systems and the Materials and the described or offered products or services are trademarks, trade dress and/or service marks of the Company or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

The Client must not copy or use any of the abovementioned trademarks, trade dress and/or service marks, in whole or in part, without the Company's and the respective owner's prior written consent.

THE COMPANY'S LIABILITY

Without prejudice to other provisions of these T&C that exclude or limit the Company's liability under these T&C, the Company shall not be liable, unless the applicable laws specify otherwise:

• For any indirect, special, incidental or consequential damages, including but not limited to loss of profits, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, loss of data, damage to reputation or goodwill, and any similar or comparable losses, whether arising in contract, tort (including negligence) or otherwise, even if such damages were foreseeable or the Client was advised of the possibility of their occurrence.
• For any damages that occur due to the usage of the Services.
• For any viruses or other malware suffered by the computer or other system, software or equipment during the Client's access and use of the Services.
• Damages the Client incurs due to the System's and/or the Website's malfunction or failure to operate.
• For assessment and payment of any taxes, duties and other relevant charges that may arise from the Client's activity with the use of the System, the Website and the Services.
• For damages the Client incurs due to its failure to comply with the applicable laws.
• For damages that occurred due to force majeure.

To the extent permitted by applicable laws, the Company's liability under these T&C shall be in all cases limited to the total amount of fees and charges the Client paid while using the Services during the 3 months of cooperation preceding the day the damages arise. To the extent permitted by applicable laws, the Company shall be liable only due to its wilful misconduct.

The Company shall be exempted from the liability for non-performance of obligations under the T&C if it can prove that non-performance of obligations is caused by force majeure (any of the following events, which cannot be prevented or overcame by reasonable means, including but not limited to war, civil unrest, the entry into force of regulations of state and government and other actions of government agencies and organizations, moratoriums, epidemics, blockades, embargoes, earthquakes, floods, fires or other disasters, acts of God, strikes, lockouts or similar labour disturbance) circumstances which are proven according to the applicable laws.

T&C CHANGES

Without prejudice to any other provision of these T&C, the Company may amend or supplement these T&C unilaterally at any time. Any such changes shall take effect in the manner and within the timeframe communicated by the Company, and the continued use of the Services after the updated T&C come into force shall be deemed acceptance of the amended T&C.

The Client is not entitled to unilaterally change, amend or alter provisions of these T&C.

ASSIGNMENT

The Client may not novate, assign, transfer, sub-contract or otherwise grant any rights, obligations, claims or legal interest under these T&C.

The Company reserves the right to assign the rights and obligations under these T&C to any subsidiaries, affiliates or any third parties at any time without the Client's consent, provided that such an assignment will be in compliance with the applicable laws and regulations.

LANGUAGE

The formal language of these T&C, as well as the information and documents to be provided to the Client under these T&C, is English.

Unless otherwise provided by the applicable laws, the language of communication between the Client and the Company is English or any other language if the Company and the Client agree so.

NO WAIVER

Failure or delay by the Company to exercise any right, power or remedy under these T&C or to require or enforce strict performance by the Client of any provision of these T&C and any supplemental or incorporated documents or policies shall not be regarded as a waiver or relinquishment of any such right, power or remedy.

GOVERNING LAW

The construction, validity and performance of these T&C, as well as any rights, obligations, claims or disputes arising out of them shall be governed in all respects by the laws of the Republic of Lithuania without recourse to the conflict of laws rules regardless of the venue or jurisdiction in which a dispute arises.

COMPLAINTS AND DISPUTES

In the event of a dispute, controversy, or claim arising out of or related to the T&C, the Client and the Company agree to make reasonable efforts to resolve it amicably. The parties shall consult and negotiate in good faith to reach a mutually satisfactory solution before pursuing formal legal action or other dispute resolution processes. The Client agrees that the judicial proceeding to resolve claims relating to the T&C will be brought in the courts of Lithuania, unless this contradicts mandatory provisions of your local laws.

If the Client is a consumer, he may submit a complaint to the consumer protection authority; however, initially, the Client must submit a request and/or complaint regarding the Services and/or other issues concerned to the Company.