These Terms of Use (hereinafter referred to as "Agreement", “Terms of Use” or “Terms”) are a legally binding agreement between You either an individual, group or entity (the “User”, “You”, or “Your”) and TAnalyzer (“TAnalyzer Service”, “Website”, or “Site”) owned and operated by HBI Ltd from business head office located at Israel (“Company”, “We”, “Us”, or “Our”).

By using the Website, You represent that You have read and agree to be bound by this Agreement, as well as any other guidelines, Privacy Policy referenced herein, collectively referred to as "Terms of Use".

Please read these Terms of Use carefully. These Terms of Use govern any and all activities that can be performed through TAnalyzer Service. If You are unwilling to be bound by these Terms of Use, please do not access the Website.

Eligibility

The TAnalyzer Service is not designed for use by persons under the age of eighteen (18) years. In the event the age of entering into legally binding agreement is older than eighteen years in the country where you reside, you agree not to access and use the TAnalyzer Service until you attain the legal age of entering into legally binding agreements in your country.

You accept and agree that you will use the TAnalyzer Service in a manner consistent with any and all applicable laws and regulations. If the use of any service offered by TAnalyzer is prohibited, restricted or regulated in the country where you currently reside, you agree to familiarize yourself with all applicable laws and not to use or access the Website in contravention of any applicable laws.

If you are entering into this agreement on behalf of an entity, You represent that You are authorized to enter into legally binding contracts on behalf of such entity.

By creating an account on the Website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the provisions of this Agreement.

How the TAnalyzer Service works

TAnalyzer is a web based service that provides the tools for traders and investors in the US stock market to assess the probability of achieving specific return from their investment idea. PLEASE NOTE - TANALYZER IS NOT AN ONLINE TRADING SYSTEM AND DOES NOT OFFER USERS THE ABILITY TO TRADE THROUGH THIS WEBSITE.

TAnalyzer uses a sophisticated proprietary algorithm that analyses a large number of parameters, constraints and data to determine the probability of a certain return on User’s investment idea.

Unless explicitly stated otherwise on the Website, Our responsibility is limited to facilitating the availability of the TAnalyzer service through the Website.

Disclaimer

THE INFORMATION INCLUDING ANY, ADVICE AND RECOMMENDATIONS THAT ARE AVAILABLE ON THE WEBSITE OR OBTAINED THROUGH THE USE OF THE TANALYZER SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED AS LEGAL OR FINANCIAL ADVICE. TANALYZER SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR FINANCIAL ADVICE AND SERVICES OFFERED BY A STOCKBROKER WHO IS FAMILIAR WITH YOUR UNIQUE FINANCIAL NEEDS AS WELL AS THE RISKS ASSOCIATED WITH ANY TRADING DECISION. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY FOR ANY INVESTMENT DECISIONS YOU MAKE BASED ON THE OUTCOME OF TANALYZER ASSESSMENT. YOU UNDERSTAND THAT PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS AND THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY ANY USER AS A RESULT OF THE USE OF THE TANALYZER SERVICE.

WE DO NOT REPRESENT OR WARRANT THAT THE USE OF TANALYZER SERVICE WILL ENSURE PROFITABLE RETURN ON YOUR INVESTMENT OR PREVENT YOU FROM INCURRING ANY LOSSES. AS IS THE CASE WITH ANY TOOLS AND TECHNOLOGY DESIGNED TO ASSIST INVESTMENT DECISIONS, THERE ARE NO GUARANTEES THAT THE MARKETS WILL ACT AS PREDICTED BY THE ALGORITHM. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH THE WEBSITE IS AT YOUR OWN RISK.

YOU ARE HEREBY ADVISED TO EXERCISE YOUR OWN BEST JUDGEMENT OF THE FINANCIAL MARKETS AND NOT SOLELY RELY UPON THE ASSESSMENT OFFERED BY TANALYZER SERVICE.

Account Registration and Access

You do not need to create an account to browse through the Website but as a requirement to using certain functionality offered by the TAnalyzer Service you must register at http://www.tanalyzer.com. You agree to provide us with correct and current information when creating an account on the Website and You agree to keep Your login credentials strictly confidential and not to disclose them to any third party.

You agree to take full responsibility for any activities or actions under Your Account and any charges that may be incurred as a result of such activities, whether or not You have authorized such activities or actions. If you observe any unauthorized activity or use of Your account at TAnalyzer you must immediately notify us by contact us at Support.

We disclaim any and all responsibility for any unauthorized access or use of Your account resulting from any security breach. Please note that We may refuse registration of any User account in our sole discretion without any justification.

We reserve the right to introduce any new paid features and functionalities to the Website by giving thirty (30) days' notice to you. Your continued use of the Website after the thirty (30) days' notice period will be deemed as your express consent to abide by the new terms and conditions.

If you wish to deactivate your account, please contact us at Support with the term “Cancellation” in the subject line. We reserve the right to but are under no obligation to retain all your past data. We may suspend, block, terminate Your Account or deny you access to the Website, if we find that:

  • You have violated any provisions of this Agreement;
  • Your conduct is harmful to the Company or any of its Users; or
  • We cease our business operations for any reason.

We may access Your account and any information that You have provided, for any support or maintenance purposes or for any security issues or business reasons that We see fit.

Payment Policy and Refunds

TAnalyzer Service is available to Users on a pay per use basis. All payments are processed through Secure PayPal Payment Gateway. By accepting our Payment Policy, you further agree to comply with PayPal’s terms of service and to provide us with accurate, complete and current payment information.

We do not offer any satisfaction guarantee, however in the event of any technical malfunction that results in you not being able to use the TAnalyzer service, You may qualify for a partial or full refund of the fee paid by You. The Company will assess each refund request on a case by case basis and reserves the right to refuse any refund requests in its sole discretion. Please note that We do not regard any pre-planned maintenance periods as technical malfunction for the purposes of this Agreement. If we decide to offer you a refund, such refund shall be made via the original payment mechanism and to the person who made the original payment. The processing of refund payment may take time. We are unable to offer any guarantees of any nature for the timeliness of refunds reaching Your account. We may at any time and without prior notice to You modify the mechanism of processing refunds.

To request a refund, please contact Us by sending an email at Support with the words “Refund Request”. We reserve the right to modify our service fees, payment, cancellation and refund policy at any time by amending these Terms without any notice to You.

User Conduct

As a user of the TAnalyzer Service, you agree that you will not:

  • In any way, infringe any User or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
  • Act in any manner that may lead to violation of any applicable laws or regulation, including but not limited to those governing unfair competition and trade practices / fair trading laws;
  • Post any content that may be deemed defamatory, libelous, threatening or harassing;
  • Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
  • Intentionally or unintentionally cause harm or subvert the function of the TAnalyzer Service by introducing any viruses, trojan horses, time bombs, malicious links, cancelbots or other computer programming routines that may damage, modify, delete or interfere with any system, data or in any way cause damage to the Company or its Users;
  • Using the TAnalyzer Service in any way to transmit spam (“Spamming”). Spamming is strictly prohibited;
  • Restrict or inhibit any other User from using and enjoying the TAnalyzer Service;
  • Imply or state that any investment ideas you contribute is endorsed by the Company, without the prior written consent of Company;
  • Hack or interfere with the Website, its servers or any connected networks;
  • Adapt, alter, license, sublicense or translate the TAnalyzer Service for Your own personal or commercial use;
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by the Company;
  • Use the Website to solicit for any other business, website or service, or otherwise contact Users for any purpose not related to use of the Website as set forth herein.
  • Use the Website to collect usernames and or/email addresses of Users by electronic or other means;

Remedies

We reserve the right to investigate and prosecute violations of any prohibited behavior to the fullest extent of the law. We reserve the right to take actions to prevent and/or control such violation including but not limited to, removing any communication or content from any User and/or terminating the account of such violators and/or blocking their use of the TAnalyzer Service.

Content made accessible by the TAnalyzer Service

The User accepts and agrees that the User will not hold the Company liable for any loss or damage arising out of/related to any assessments provided by the TAnalyzer Service. Please take note, that the TAnalyzer Service uses proprietary algorithm and the Company reserves all rights to change, test and modify this algorithm in its sole discretion to improve the TAnalyzer Service. You hereby accept that You use the TAnalyzer Service and access any content provided therein at Your sole risk and You will be solely responsible and liable for any loss that may arise as a result there-from. For purposes of these Terms of Use, the term "Content" includes, without limitation, all data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by the Company. Content added, created, submitted, publicly posted through the Website by Users is collectively referred to as, "User Submissions".

User Submissions

We may decide to introduce blog, forum, message boards or other similar public areas on the Website that enable Users to contribute content by adding comments, messages, reviews, enter into discussions on the Website (collectively referred to as “User Submissions” ). We may use Your User Submissions in a number of different ways in connection with the Website as We may determine in Our sole discretion deem fit. Such use includes but is not limited to: publicly displaying your User Submissions, reformatting it, incorporating it into marketing materials, advertisements and other works. By submitting User Submissions on the Website, You hereby do and shall grant the Website a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, distribute, display, perform, and otherwise fully exploit your User Submissions in connection with the Website (and its successors and assigns'), including without limitation for promoting and redistributing part or all of the Website. You grant each User of the Website, a non-exclusive license to access Your User Submissions through the Website.

You further represent that You have all the rights to grant such license to Us, including but not limited to, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. If You do not wish for Us to use any User submission made by You, please do not publicly post any content on the Website.

You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from whom such Content originated; that the Website will not be liable for any errors or omissions in any Content; and that the Website cannot guarantee the identity of any other Users with whom You may interact in the course of using the Website.

Intellectual Property Rights

All content on the Website with the exception of User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“TAnalyzer Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by and/or licensed to TAnalyzer Service, subject to trademark, copyright and other intellectual property rights under the national laws of Israel and foreign laws and international conventions. TAnalyzer Service is made available to you AS IS for your information and your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, sub-licensed or otherwise exploited for any other purpose or commercial use whatsoever without the prior written consent of the Company. We reserve all rights not expressly granted in and to the TAnalyzer Service and the TAnalyzer Content. You agree to not engage in the use, copying, or distribution of any of the TAnalyzer Content, other than as expressly permitted herein for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the TAnalyzer Service or features that prevent or restrict use or copying of any TAnalyzer Content, or enforce limitations on use of the TAnalyzer Service or the TAnalyzer Content displayed or made available therein. You retain all ownership of your data.

Feedback

We appreciate our Users and love to hear their views. If you would like to share Your feedback and suggestions about how we can improve TAnalyzer Service, please submit your feedback either via email, phone or postal address given below. By submitting feedback, You agree to grant Us the right, at Our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to You.

Contact Us

email: Support

Modifications

We reserve the right to change or test our algorithm or these Terms at any time, in our sole discretion without giving any notice to you. Such modifications will be effective upon such new terms and/or upon implementation of the new algorithm. You agree to review these Terms periodically to familiarize yourself with any change in your rights and obligations as a result of such modifications. The Company shall not be liable for any loss suffered by You on Your failure to review such modified Terms or Website functionality. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website implemented after Your initial access of the TAnalyzer Service shall be subject to these Terms.

Maintenance

The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to the Website without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.

No Liability for User Conduct

If You enter into correspondence or engage in any transaction or act upon the investment ideas of any other User who uses the TAnalyzer Service, such activity would be solely between You and such other User. The Company will not be liable or have any responsibility for any such activity.

Disclaimer of Warranties

We make no representations or offer any warranties concerning any content, service contained in or accessed through the Website, and the Company will not be responsible or liable for the accuracy, availability, legality of any service or material contained in or accessed through the Website.

Please beware that You should not, under any circumstances, provide Your financial information (e.g., credit card or bank account numbers) to other individuals.

The TAnalyzer service, content and add-to link are provided to on an "AS IS", "AS AVAILABLE" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.

The Company, and its directors, officers, employees, agents, representatives, suppliers and partners do not warrant that:

(a) the TAnalyzer Service will be secure or available at any particular time or location;

(b) any defects or errors will be corrected;

(c) any content or software available at or through the Website is free of viruses or other harmful components; or

(d) the results of using the TAnalyzer Service will meet Your requirements.

You accept that Your use of the TAnalyzer Service is solely at Your own risk. Some countries do not allow limitations on implied warranties, so the above limitations may not apply to You and in such event this provision should be applicable to the maximum extent permitted by law.

Limitation of Liability

All liability of the Company, its directors, employees, agents, representatives, partners or suppliers for any loss suffered as a result of your use of the TAnalyzer Service is expressly excluded to the fullest extent permitted by law.

In no event, will the total liability of the Company or its directors, employees, agents, representatives, partners or suppliers to you for all damages, losses and causes of action arising out of or relating to these terms, your use of the TAnalyzer Service (whether in contract, delict including negligence, warranty or otherwise) for:

  • indirect or consequential losses or damages;
  • loss of actual or anticipated profits;
  • loss of revenue;
  • loss of goodwill;
  • loss of data;
  • loss of anticipated savings;
  • wasted expenditure; or
  • cost of procurement of substitute services

exceed the amount paid by you to the company in the last one month.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the Company's liability will be limited to the fullest extent permitted by applicable law.

Indemnity

You agree to release, defend, indemnify, and hold the Company and its founder, affiliates, subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

(i) Your access to the Website, (ii) Your use of the TAnalyzer Service to test the probability of achieving a specific return on your investment, (iii) the violation of these Terms of Use by You, or (iv) the infringement by You, or any third party using Your account or Username or password, of any intellectual property or other right of any person or entity.

Miscellaneous

Governing Law - This Agreement shall be governed by the national laws of Israel and any action to be brought by any party shall be brought in the court of law with jurisdiction to rule upon the matter in Israel.

Assignability - We may assign any of Our responsibilities and/or obligations to any other Person, at Our sole discretion, without giving any notice to You. However, You shall not assign or transfer any of Your rights under this Agreement to any other party, without the express written consent of the Company.

Severability - If for any reason, any clause of this Agreement or any part of any clause is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.

Waiver – Under no circumstances, failure on Our part to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy.

Force Majeure - The Company is not liable for failure to perform any of its obligations if such failure is as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

Links to third party sites - The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Website and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

We will not be responsible for any errors, omissions or representations on any Linked Site. We urge You to verify the accuracy of any information on Your own before undertaking any reliance on such information.