Please read this document carefully before continuing to access the platform available at https://www.hitfinancialfreedom.com/ (“Platform”).
This contract contains provisions, which limit or exclude your responsibility to you and which may influence your rights.
According to your jurisdiction, the provisions of this agreement shall be completed with the imperative legal provisions.
If you do not accept the terms of this agreement, please stop immediately using the platform in any way.
Any continuation of use of the platform will be the acceptance of the provisions of this agreement.
This agreement is only applicable to consumers – natural persons, for using the platform for their personal purposes.
Any commercial use of the platform will be subject to special terms of use. For corporate and commercial offers, please contact us at:support@hitfinancialfreedom.com.
This agreement describes the terms and conditions under which HFF NOW S.R.L authorizes you to access and use the platform https://www.hitfinancialfreedom.com/ (the ”Platform”), as well as to obtain support (“Agreement”).
This is a legally binding contract between you and HFF NOW S.R.L., a private limited liability company, incorporated under the laws of Romania, with its headquarters in Bucharest, at 12 Nerva Traian Street, building M37, 3rd entrance, 3rd floor, ap. 69, room 1, 3rd District, registered with the Bucharest Trade Registry under no. J40/10243/2020, CUI 42942615, email: support@hitfinancialfreedom.com (”HFF NOW” or the ”Company”).
This Agreement enters into force upon the payment of the applicable Fee and will continue in full force and effect unless terminated as provided below.
1. Defined terms
For the purposes of this Agreement, the terms below shall have the following meaning:
- User: any natural person using the Platform, for personal purposes.
- Platform: the personal investment management platform owned by HFF NOW, available at https://www.hitfinancialfreedom.com/, including any subsequent updates, revisions, adaptations enhancements or new versions of the product, which Users can access by creating a “username” and “password”, against a fee.
- User Data: any information that is uploaded by the User into the Platform.
- Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in computer software, and any other intellectual property rights or rights of a similar nature.
- Fee: means the fee charged to a User by HFF NOW for each month during which the User has access to the Platform, including any costs for Technical Support.
- Term: means the period for which the User paid the applicable Fee, during which the User is entitled to access and use the Platform.
- Technical Support: means the maintenance and support services provided by HFF NOW to the Users, in respect to the use of the Platform under this Agreement.
2. Permitted Use
2.1. After registering an account on the Platform, with a valid personal email address, and subject to the payment of the applicable Fee, (“User Account”) HFF NOW grants to the User the right to access and use the Platform, for the personal and non-commercial management of the User’s investment portfolio, during the Term.
2.2. The Platform provides Users a complex tool for managing User Data, and can be used for generating reports on the content, distribution, and performance of the investment portfolio, based on the User Data uploaded by Users.
Onboarding emails and monthly portfolio evolution reports are provided automatically to the Users, via email. The User can opt out from receiving these messages, in the settings section of the User Account.
2.3. In no case the information provided on the Platform is to be constructed as representing an offer of products or services, a proposal, recommendation or inducement to make investments, to purchase or sell securities or other financial instruments, nor a recommendation as to how the Users should manage their investments. The User will make their investment decisions in an independent and individual manner.
2.4. Financial data (e.g. prices, indices) are sent to the Platform by external sources that are considered to be reliable. However, given that their accuracy cannot be guaranteed, HFF NOW will not be held liable for any use of such data. Please note that the figures given by this site are not displayed in real time. The User is responsible for verifying that the data given on this site are accurate and current.
2.5. For informative purposes only, the Platform gives access to general investment portfolio management strategies, provided by reliable sources. HFF is in no way responsible for the content of such informative materials and the use thereof.
2.6. The User will not rely on any information, data or material on the Platform, as such are provided only for informational purposes, and expressly acknowledges that the User has the obligation to inform themselves and make investment decisions individually and independently.
2.7. HFF NOW will not be held liable for any content, financial data (indices, news, etc.) and any general information published on the Platform, nor for the content and use of the User Data on the Platform.
2.8. All rights over the Platform belong to HFF NOW and this Agreement does not transfer any Intellectual property Rights over any part of the Platform to the Users. The Users guarantees and undertakes they shall not, and shall make reasonable efforts not to permit any third party, directly or indirectly, to copy, decompile, disassemble, reverse engineer, decrypt or otherwise attempt to derive any source code from any part of the Platform; nor to create any derivative applications or derivative works of/or from any part of the Platform.
3. Fee and payment
3.1. After registering an account on the Platform, the User will be directed to the website of the payment provider, for the payment of the applicable monthly license fee.
After the payment is processed, HFF NOW will send the User, at the registered email address, the invoice for the Fee.
3.2. Fees may be subject to time-sensitive offers, which will be marked as such.
3.3. The User is required to review and accept the terms and conditions, and policies of the payment provider.
3.4. Payment obligations are non-cancelable and Fees paid are non-refundable unless this Agreement is terminated by Customer for cause pursuant to Article 5.2, in which case any prepaid Fees will be reimbursed proportionally.
3.5. All amounts payable to HFF NOW under this Agreement shall be paid in RON currency, for Romanian Users, and in EURO currency, for Users in foreign countries.
3.6. Overdue Fees shall accrue late interest charges at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date the payment is made in full.
3.7. The User will be responsible for the payment of any and all taxes incurred by their investment activities.
4. User Data
4.1. The User maintains all rights and liability in respect to the User Data, uploaded by the User on the Platform or generated using such, in accordance with this Agreement. HFF NOW strongly advises the users to maintain the user data anonymous and not to upload onto the Platform any personal or sensitive data.
4.2. The User maintains full liability for all their investment decisions, including, but not limited, to the conformity of such investments with the applicable legislation. HFF shall not be held liable in any way for any User Data and User conduct.
4.3. Users will keep their login credentials strictly confidential and refrain from disclosing these to anyone. HFF NOW shall not be held responsible for unauthorised access to the Users’ Accounts arising from Users’ failure to keep login credentials safe and secure.
4.4. HFF NOW does not access any User Data, except if this is required to provide Technical Support, upon the request of the User.
4.5. HFF NOW takes standard security measures to prevent unauthorized access to the User Data. The User will keep their username and password, required to access the Platform, confidential, and will not share such information with third parties.
5. Technical Assistance
5.1. HFF NOW will provide the Users with Technical Assistance, upon the User’s request, sent at support@hitfinancialfreedom.com. HFF NOW will make reasonable efforts to address all requests within a maximum 14 calendar days, but delays may appear due to higher business demands.
6. Representations & Warranties. Liability
6.1. HFF NOW will make reasonable efforts to provide the User uninterrupted access to the Platform. Scheduled maintenance and updates, which affect the use of the Platform, will be notified to the User in their account.
6.2. HFF NOW warrants that the Platform, as delivered to User, will substantially conform during the Term to the offer presented to the User, to the extent that the Platform is used in accordance with the technical instructions made available on the User account and the provisions herein. Users must notify HFF NOW of a claim under this warranty within 30 calendar days of the date on which the situation giving rise to the claim first appeared. To the extent permitted by law, Customer’s sole and exclusive remedy and HFF NOW’s sole liability, in case the functionality of the Platform is not restored within 60 calendar days, will be the termination of the agreement and a refund of any pre-paid and unused Fees.
6.3. Except for the express warranties herein, the Platform is provided on an “as-is” basis. HFF NOW does not provide any warranty of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any implied warranties of functionality, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law. Users bear the entire risk as to the use of Platform. Each party disclaims all liability for any harm or damages caused by any third-party hosting providers.
6.4. Neither party will be liable to the other party for any special, indirect, or moral damages, the use or inability to use the Platform, server down time, Platform incompatibility with any other programs, loss of profits, revenue, loss of reputation, loss or corruption of data, investment performance or interruption of business.
6.5. The maximum aggregate liability of HFF NOW for each and all claims (individually and together) under or relating to this Agreement or its subject matter will not exceed the total Fees paid under this Agreement during the 12 months before the initial claim. This limitation will apply whether an action is in contract or tort and regardless of the theory of liability, but will not limit the User’s payment obligations, for the Use of the Platform during the Term, as specified in herein.
7. Term and Termination
7.1. This Agreement will be in full force for the entire period of time for which the User pays the applicable Fees.
7.2. This Agreement will be terminated:
a. in case the User fails to make two consecutive payments of the Fees on time, with a 10 calendar day prior notice, sent to the User’s account and registered email;
b. by written notice, sent by either party, sent at least 30 calendar days in advance;
c. in case the Platform is out of service for more than 60 consecutive calendar days, due to reasons for which HFF NOW is liable;
d. within 14 calendar days as of the date the User makes the payment of the first Fee, based on the consumer’s right to withdraw from this Agreement, where provided by the applicable law;
e. in case the User fails to remedy any breach of this Agreement, within 10 calendar days as of written notice, sent to the User’s account and registered email.
7.3. In case of termination of this Agreement, except for the case provided under article 6.3. let. f. above, the User will pay any Fees for the use of the Platform, until termination date, based on the invoice issued by HFF NOW.
7.4. Upon termination of this Agreement, the User’s account will be deleted. Regardless of the cause of termination, after the date the account is deleted, HFF NOW will make any User Data remaining on the Platform available to the User, upon request, for an additional period of six months. Upon the expiry of such term, HFF NOW will delete any and all User Data.
7.5. HFF NOW can store transaction and performance reports, in an anonymised form, for the purpose of further improving the Services and Platform.
8. Updates and changes to terms of use
8.1. HFF NOW reserves the right to make any updates and changes to the Platform or to the terms of use for the Platform. Such changes will be notified to the User in their account on the Platform and to the registered email address, 30 calendar days in advance.
8.2. In case the User does not accept the updated version of the Platform, or the updated terms of use, the User will have the right to request the termination of this Agreement and the refund of any prepaid unused Fees, within 30 days as of the notice date.
9. Confidentiality
9.1. Parties must keep the Confidential Information (means and refers to any document and information to which a Party has access during the performance of this Agreement, including but not limited to technical information, business methods, software programs, licensing model of the other Party) confidential. Neither Party will in any manner, directly or indirectly, use or otherwise employ all or any of the Confidential Information of the other Party for any purpose other than the performance under this Agreement. This confidentiality obligation will survive for 3 years after the termination of this Agreement.
10. Personal Data
10.1. HFF NOW will process the personal data provided by the Users only for the purposes of performing this Agreement and for billing purposes, in accordance with the confidentiality policy available at: Privacy.
11. Consumer Protection
11.1. For any consumer protection aspects, please contact:
AUTORITATEA NAȚIONALĂ PENTRU PROTECȚIA CONSUMATORILOR
Address: București, Bulevardul Aviatorilor no. 72, sector 1, postal code 011865
https://anpc.ro