Regulations of profitabletrader.ai website and

membership in the 'Profitable Trader' Club

Thank you for visiting our website provided at the following web address

https://profitabletrader.ai (dalej jako: „Profitable Trader”, „ProfitableTrader”, "Profitable Trader Sp. z o.o." , „Serwis Internetowy”, „Serwis”, „Platforma”).
 

The formula of these regulations implies the establishment of general terms and conditions for the use of the Service

Internet. These terms and conditions, should the service recipient decide to use Profitable Trader,

regulate in particular the rules of use of the Website, including issues of our liability.

We invite you to read the rules and regulations.

About us:

Profitable Trader Sp. z o.o. Joint Stock Company with its seat in Katowice at Al. Wojciecha Korfantego 138A, 40-156 Katowice entered in the register of the National Court Register by the District Court of Katowice-east, VIII Economic Division of the National Court Register under the KRS number: 0001204804, having tax identification number NIP: 6343063428, with the share capital of PLN 5 000.

Hereinafter as 'Profitable Trader'

§1 General Provisions

effective January 1, 2020

1. These Regulations set out the rules for the use by Users of the Profitable Trader Platform and access to the Profitable Trader Club, which is owned by Profitable Trader Sp. z o.o. and Profitable Trader Sp. z o.o., based in Katowice, Poland.

2. These Regulations have been issued on the basis of Article 8(1) of the Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws of 2002, No. 144, item 1204, as amended).

3. The Terms and Conditions are made available to Users free of charge via profitabletrader.ai in a form that allows them to download, record and print them.

§2 Definitions

1. Data - personal data of the User provided by the User during Registration, Verification, and during the use of access to Profitable Trader.

2. Account - a collection of Data administered by Profitable Trader and information about the User's rights within the Profitable Trader services

3. Reference Code - an activation code for access to Profitable Trader, which can be transferred by another Profitable Trader member for registration by a new User.

4. Login - the process leading to the User's access to the Profitable Trader Account.

5. Profitable Trader Platform - Profitable Trader' online platform available at profitabletrader.ai, operated and managed by Profitable Trader, which is a tool within which Users can access materials, content, programs, projects and information of an Educational nature. As part of Profitable Trader, we carry out mutual education of members by organizing discussion space on the Profitable Trader Educational Platform using regional meetings, events covering topics of stock market, marketing, sales, personal development, and other elements at the discretion of Profitable Trader members.

6. Terms and Conditions - these Regulations, setting out the terms of use and access to Profitable Trader.

7. Registration - the procedure for creating an Account.

8. Contract - means the contract concluded between the User and Profitable Trader upon completion of the Registration, the subject of which are the services provided by Profitable Trader within the Account. After positive Verification and acceptance of the Terms and Conditions, the User gains access to the Resources, with some of the resources requiring payment of a fee, the amount of which is specified in the description of Profitable Trader on the website.

9. User - (1) a natural person with full legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Services available on the Profitable Trader Platform, including concluding or intending to conclude a contract of sale of a Product. The User must have an Account, successfully pass the Verification process and accept the Terms and Conditions.

10. Product - membership and access to Profitable Trader Platform for a period of 12 months or 30 days(minimum access period), depending on the choice of payment methods.

11. Free Product Access - access to the Profitable Trader Platform for free for a period of time specified by Profitable Trader, which may be freely changed by Profitable Trader, but the change does not apply to Users who have previously used the already specified Free Access.

12. Verification - the User verification procedure leading to the User's access to resources and services provided by Profitable Trader within the Profitable Trader Platform. Verification consists of three stages:

    1. Completion of Registration and enrollment in the Elite Club Platform, using the required data,

    2. recognition by Profitable Trader of the veracity of the transmitted data,

    3. Granting the User rights to certain Resources,

13. Resources - educational materials placed on the Profitable Trader Platform, in particular market information, programs, marketing materials, audio and video recordings, enriching the educational process, deepening the opportunities to use the acquired knowledge within Profitable Trader and services provided within the Profitable Trader Platform.

14. Profitable Trader, Internet Service, Service, Platform - Profitable Trader Internet service available at the Internet addresses https://profitabletrader.ai.

§3 General Terms of Use
of the Profitable Trader Platform

1. The use of the Profitable Trader Platform is for a fee.

2. Profitable Trader may introduce additional paid services.

3. The Profitable Trader Platform can be used by any User who has an Account, successfully passes the Verification procedure and accepts the Terms and Conditions.

4. Users are not allowed:

   1. Use the accounts of other Users,

   2. Share your Account with other Users,

   3. post unlawful content on the Profitable Trader Platform: "By hate content, we mean statements that directly attack others on the basis of so-called protected characteristics, such as race, ancestry, nationality, religion, sexual orientation, gender, gender identity, severe disability or illness. We also apply certain protective measures to immigration status. By attack, we mean content that incites violence or dehumanizes others, suggests their inferiority or calls for their exclusion or segregation."

5. Acceptance of the terms and conditions and purchase of the product is tantamount to acceptance of the terms and conditions of additional agreements regarding the purchased product and the rules of cooperation or rules of operation of the product presented prior to purchase by phone, email, website, social media or any other way in which they were presented. The customer does not make any comments on the terms of these agreements or rules and confirms that he has read, understands their contents and agrees to the terms presented. The customer declares that he/she will not claim any deviation from the agreement or rules.
   The purchase of a product is tantamount to knowingly accepting all other terms and conditions for the use of the purchased product, and these terms and conditions are mandatory for the customer at the time of purchase and acceptance of the terms and conditions.

§4 Registration and Verification

I. Registration and Verification of a User who does not have an Account.

1. For Registration and Verification, the User fills out the registration form available at https://vod.profitabletrader.ai/.

2. During the Registration process, the User creates an Account.

3. To create an Account, the User fills in the following fields of the registration form:

   1. Username

   2. E-mail

   3. Password

   4. Repeat password

   5. Referrer's login/email - Reference code

   6. Accepts the terms and conditions of the Account, privacy policy and Terms and Conditions.

4. The e-mail address provided by the User should be a unique address, which means that it can be used only by one User during Registration.

5. By pressing the "Register" box, an activation link is sent, to the e-mail address you provided in the registration form.

6. In order to complete the Registration, the User should click on the activation link.

7. The activation link is active for 1-7 days from the date it is sent to the email address provided in the registration form. After this period, the activation link expires and re-registration is required.

8. Upon completion of the Registration, an Account is created, which is the email address provided by the User in the registration form or the username, and a Contract is concluded between the User and Profitable Trader, which at the time of registration does not involve any payment. Registration is free of charge.

9. Upon completion of the Registration, in order to access the Resources, subject to paragraph 11, the User goes through https://vod.profitabletrader.ai and initiates the scope of the Resources he/she wishes to use, thus initiating the Verification. Profitable Trader stipulates that a portion of the Resources will pay the applicable fee.

10. Profitable Trader, within a week ( 7 working days) of receiving the application and registration, verifies the data contained in the registration form and, in the case of positive verification, grants the appropriate rights to the User.

11. In the case of an incorrectly completed registration form, or receipt of an incomplete or incorrectly completed registration form, the User will not be granted permission to use the Profitable Trader Platform.

12. The Registration and Verification process can be checked and confirmed by contacting Profitable Trader via email: support@profitabletrader.ai by typing [Registration] or [Verification] in the title of the message.

13. The User gains access to the Profitable Trader Platform Resources upon positive Verification and acceptance of the Terms and Conditions, or in certain cases upon payment of the appropriate fee.

II. Verification of the User having an Account.

1. A user with an Account when logging in to Verify fills out the form available at https://vod.profitabletrader.ai/next/public/login.

2. In the form, the User enters the email or username selected and specified during the initial registration and the password.

3. Profitable Trader states that it does not have the password to access the User's Account, in order to recover the password and access to the Account, the User must go through and use the "password recovery process" available at https://vod.profitabletrader.ai/

4. The User may be asked for additional confirmation of login by a unique PIN CODE, which will be sent to the phone number provided by the User in further steps inside the panel.

5. The User's account may be temporarily blocked, as part of the security of the entire Service, of which the User will be informed by Profitable Trader via email to the address provided by the User during Registration.

6. If Profitable Trader has made changes, including changes to the Terms and Conditions or the use of the Service, this requires acceptance of the changes by the User, under pain of termination of the Agreement.

7. The User gains access to the Profitable Trader Platform Resources after positive Verification and acceptance of the Terms and Conditions.

§5 Technical Terms of Use
of the Profitable Trader Platform

1. An up-to-date version of one of the following web browsers is required for proper operation of the Profitable Trader Platform: Google Chrome, Mozilla Firefox, Opera, Safari, Edge, Internet Explorer.

2. Due to technological changes, the above-mentioned requirements may change. In particular, the existing software may be replaced by a newer version.

§6 Profitable Trader platform

 - of which Profitable Trader responsibility

1. The Profitable Trader platform offers Users the opportunity to use the Resources available to the User.

2. Granting access to certain Resources requires payment of the applicable fee by the User under Profitable Trader.

3. Profitable Trader is a place where Users are engaged in educating members (other Users), as well as organizing educational projects covering the topics of the stock market, private equity, investment banking, mutual fund activities, AI in the economy, e-commerce, sales, marketing, personal development and networking.

4. Profitable Trader has as its main objectives within the framework of Profitable Trader:

   1. Bringing together students, people interested in the financial industry, the marketing industry, the e-commerce industry, the sales industry, the networking industry and others.

   2. deepening knowledge of financial markets, learning about them from the technical side, as well as putting the acquired skills into practice on available educational and simulation platforms,

   3. Building strong relationships with experienced representatives of the financial industry, marketing

   4. organizing events for the whole community

   5. Development of cooperation and partnerships with institutions in the consulting, investment and financial industries

   6. Training the skills needed by Users to better understand the business and financial environment,

   7. networking.

   8. Educating the community about the role and importance of finance in the economy

5. All activities of the Profitable Trader club and products sold on the site are of an EDUCATIONAL nature, in some cases educational and discussion (e.g. with products with access to closed communities (Profitable Position Generator or Live Trading Session). By accepting these Terms and Conditions, YOU acknowledge that any decisions, including investment or purchase decisions, made on the basis of the presented content, information, tools, programs or other services within the access to Profitable Trader Resources are made at your own risk and you take full responsibility for them.

6. The information contained in Profitable Trader Resources should not be construed as investment advice, investment recommendations, offers or inducements to enter into any transactions in financial instruments;

   1. We make no warranties or representations, express or implied, as to the completeness or accuracy of the information contained herein or its fitness for any particular purpose.

7. The information contained in Profitable Trader Resources should not be viewed as an offer to sell or a solicitation of an offer to purchase any of the goods or financial products described on this Website. The information contained on this Site has been obtained from reliable sources, but is not necessarily complete and is not guaranteed as to its accuracy.

8. Profitable Trader is not responsible for investment decisions of Users made on the basis of information available on the Profitable Trader Platform Resources, nor for damages incurred as a result of investment decisions made on the basis of content presented on the Profitable Trader Platform Resources, which are not recommendations within the meaning of the Decree of the Council of Ministers of April 21, 2004, on information constituting recommendations concerning financial instruments or their elements.

§7 PRODUCT SALES AGREEMENT

1. The Website allows concluding a contract of sale of Products. The types, description and prices of the Products are given on the pages of the Website https://profitabletrader.ai.

2. Products available in the Store can be purchased by the User using the order form available in the Store - in this case, the contract of sale is concluded when the order form is filled out and the user clicks the "Order and pay" field.

3. The use of the order form begins when the User selects a Product.

4. The order is placed after the Customer has completed a total of two consecutive steps:

   1. (1) after completing the order form

   2. (2) clicking on the Store page after completing the order form in the "I order" or "I buy" field - until this point there is an opportunity to independently modify the data entered (for this purpose, follow the messages displayed and information available on the Store page).

   3. In the order form, it is necessary for the User to provide the following data on the Customer: name/company name, e-mail address, contact phone number and data on the sales contract: Product(s), quantity of Product(s), place and method of delivery of Product(s)(if required), method of payment.

   4. In the case of Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.

5. The price of the Product shown on the website of the Store or other websites belonging to Profitable Trader is given in Polish zloty and includes taxes. The User is informed about the total price including taxes of the Product being the subject of the order on the pages of the Store when placing an order, including at the moment of expressing the Customer's will to be bound by the Sales Contract.

6. Recording, protection and making available to the User the content of the concluded sales contract is carried out through

   1. (1) making these Terms and Conditions available on the Website; and

   2. (2) sending the Service Recipient an e-mail message after the purchase. The content of the sales contract is further recorded and secured in the computer system of the Profitable Trader Website.

7. Delivery of the Product (Order Fulfillment) to the User is made by Profitable Trader by making the Product available in the Customer's Account within the timeframe specified in the Product description or after Verification, but no later than 72h after payment.

8. The method and term of payment under the contract of sale of the Product:

   1. Electronic payments,

   2. Payment Card Payments,

   3. Recurring (subscription) card payments,

   4. Payment by traditional transfer (available after contacting the Payment Department support@profitabletrader.ai)

   5. Payment term - payment is immediate after by a third-party Payment Processor (companies providing online payment services), with the proviso that in the case of recurring payments they may be postponed in time or cyclically duplicated with the consent of the User in the cycles, dates and amounts specified at the payment.

§8 Payments

1. Prices of products presented on these pages are expressed in PLN (Polish zloty). In case of payment in other currency, currency conversion will take place.

2. Valid forms of payment are: bank transfer, Dotpay.co.uk and payment card (credit/debit).

3. It is possible to discount the amount presented in the submitted order after entering the appropriate discount code.

4. Settlement of credit card and e-transfer transactions is carried out through Dotpay.co.uk.

§9 PRODUCT COMPLAINTS

1. It is excluded that the User can make a complaint while using Profitable Trader Resources under free access - covered by the promotion.

2. For some membership packages, you may receive access to Profitable Trader Resources for a free period of 1 to 7 days - covered by the promotion, after which time you are required to pay for access to Profitable Trader Resources.

3. The User paying after the period of free access which lasts from 1 to 7 days - does not have the right to file a Claim or demand a refund in the situation when the User received access to Profitable Trader Resources on promotional conditions - free of charge. 

4. According to the letter of the law, a consumer who has concluded a contract at a distance may withdraw from the contract within 14 calendar days without stating a reason and without incurring costs, subject to the cost of shipping, installation or delivery of the Product. It is sufficient to send the statement before the deadline, but the free period excludes the possibility for the Customer to submit a withdrawal after the deadline, after paying for access to Profitable Trader Resources.

5. By paying for the Product, the User receives access to Profitable Trader Resources for a minimum period of 30 days (counted without the free period), the User can cancel access to Profitable Trader Resources at any time and not renew access for the next period (minimum consecutive 30 days), cancellation is done so that the Customer does not pay for the next period of access to Profitable Trader Resources, cancellation does not involve additional fees. In order to cancel a product subscription, you should cancel the subscription you have previously established yourself before the end of the start of the next subscription, if the payment intermediary platform allows it. Otherwise, the user should inform Profitable Trader at least 72h before the start of the new billing period of his/her wish to terminate it.

6. Cancellation of Profitable Trader Resources may take place during the period of free access to the Products, which are free for the User, and cancellation of the Product does not incur additional costs.

7. In the case of a Product that is a service, the performance of which - at the express request of the User - began before the expiration of the deadline for withdrawal from the contract, the User who exercises the right of withdrawal from the contract after making such a request is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the fulfilled performance.

8. This section of the Regulations applies only to Customers who are consumers.

   1. Detailed information about the possibility for a buyer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php and http://www.uokik.gov.pl/wazne_ad resy.php

   2. A consumer can obtain free assistance in resolving a dispute by also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).

   3. A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract.

9. When submitting a Complaint, the User should describe in detail the situation in which:

   1. The profitabletrader.ai service does not work, or works in a defective way directing content by email to support@profitabletrader.ai.

   2. Complaints may take up to 14 days to process, however Profitable Trader declares that it tries to clarify the matter of the Complaint as soon as possible within its possibilities and competences.

10. The Buyer understands and accepts that, in accordance with Article 38 of the Consumer Rights Act, the right to withdraw from a contract concluded off-premises or at a distance does not apply to consumers with respect to contracts for the supply of digital content that is not recorded on a tangible medium, unless Profitable Trader indicates otherwise in the contract.

11. Delivered digital content that is not written on a tangible medium as to which no return can be made are: Basic PSND Package, PRO Morning Night Package, PRO Scalping Package, VIP Package and Premium Package.

§10 Copyright and Trade Secrets

1. Copyrights and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and signs available within it belong to Profitable Trader or other authorized third parties and are protected by the Copyright Law and other provisions of generally applicable law. The protection granted to the Website covers all forms of their expression.

2. The Service Recipient shall not have the right to copy, modify, adapt, translate or distribute the Website or the Products, except as permitted by mandatory law.

3. Trademarks of Profitable Trader and third parties should be used in accordance with applicable laws.

4. All content presented on Profitable Trader is a trade secret and may not be published or copied without permission of Profitable Trader.

5. Violation of paragraph 4 entails the possibility of Profitable Trader claiming from the User or a third party, an entity that uses elements presented within the Profitable Trader Platform, payment of a contractual penalty in the amount of $1,000,000 (in words: one million US dollars).

§11 Final Provisions

1. Contracts concluded through Profitable Trader are concluded in accordance with Polish law and in the Polish language.

2. Amendments to the Terms and Conditions - Profitable Trader reserves the right to make amendments to the Terms and Conditions for valid reasons, that is:

   1. changes in the law; addition of new Electronic Services - to the extent that these changes affect the implementation of the provisions of these Regulations.

   2. The amended Regulations are binding for the User if the requirements of Articles 384 and 384[1] of the Civil Code have been observed, i.e. the User has been correctly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms of Use results in the introduction of any new fees or an increase in current fees, the User who is a consumer has the right to withdraw from the agreement.

3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights and other relevant provisions of generally applicable law.