Terms and Conditions

These Terms of Use are entered into by and between Ortmind, LLC., A Arizona Limited Liability Company (“Ortmind”, “company”, “Us”), and its Users and visitors to the application, website, or service “Services”, and together with the Privacy Policy, govern those persons’ access to the Services, as well as any content or functionality of the Services, whether as a visitor or a User. By accessing or using the Service, you agree to comply with and be bound by the terms and conditions set forth in this user agreement (the "Terms" or “Agreement”), whether or not you become a registered user of the Service. Failure to use the Service in accordance with these Terms and Privacy Policy may subject you to civil and criminal penalties.

INFORMATION PROVIDED TO MEMBERS OR USERS IS FOR GENERAL EDUCATIONAL PURPOSES ONLY AND IS NOT INVESTMENT OR FINANCIAL ADVICE. NOTHING SAID TO MEMBERS SHOULD BE CONSIDERED AN OFFER, SOLICITATION OF AN OFFER, OR ADVICE TO BUY OR SELL SECURITIES. MEMBERS MUST DO THEIR DUE DILIGENCE. IF YOU DO AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Changes

Company reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services or order, receive or use Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services or order, receive or use the Services.

Minors

By accessing and using the Service, you represent, warrant, and affirm that you are at least 18 years of age, an emancipated minor, or have acquired a parent or guardian’s consent. The Service is not intended to be accessed or utilized by children less than 18 years of age. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service. If you are accessing the Service on behalf of some other entity, you represent and warrant that you are authorized to do so.

Your Personal Data Rights & General Data Protection Regulation (GDPR)

How we use your data and your data privacy rights are covered under our Privacy Policy (www.ortmindtrading.com) and are hereby integrated into these Terms and Conditions. If you have questions concerning your data rights and our obligations under the GDPR please consult our Privacy Policy. Our Privacy Policy covers a variety information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.

Ortmind Service

Company makes available an Artificial Intelligent (A.I.) trading algorithm (“A.I bot”) that can used to trade cryptocurrencies on live markets. Users may use Company A.I. bots to make the trades on a partnered crypto exchange. Company makes available robo advisor services that can be used to trade cryptocurrencies on live markets. Company makes available an trading algorithm (‘Bot’) that can used to trade cryptocurrencies on live markets. Company may charge Users on a per transaction basis or users may purchase a paid Membership for one or more of the services or products offered by the Company. Your paid Membership will only give you access to the particular Company product for which you have registered. Although the Company in its discretion may allow users to use one or more of its other Services if you meet requirements, you will not be a Member of those other Services without registering for it specifically.

1. The price and payment procedures are permanently accessible on the Service.
2. All prices stated include all relevant local taxes
3. We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions.
4. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for a paid Membership if you haven’t cancelled your contract according to these Terms & Conditions.

Geographic Location and Updates

You may view Ortmind content through the Ortmind service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such Ortmind content. Ortmind will use technologies to verify your geographic location. The number of devices on which you may simultaneously watch is limited. The number of devices available for use and the simultaneous streams may change from time to time at our discretion. We continually update the Ortmind service. In addition, we continually test various aspects of our service, including our service, user interfaces, service levels, plans, and promotional features, availability of Ortmind content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make chang

Not a Financial Consultant

INFORMATION PROVIDED BY COMPANY TO MEMBERS IS FOR GENERAL EDUCATIONAL PURPOSES ONLY AND IS NOT INVESTMENT OR FINANCIAL ADVICE. NOTHING SAID TO MEMBERS SHOULD BE CONSIDERED AN OFFER, SOLICITATION OF AN OFFER, OR ADVICE TO BUY OR SELL SECURITIES. MEMBERS MUST DO THEIR DUE DILIGENCE. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

Membership, Billing and Cancellation

Your Ortmind membership will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Ortmind service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

Billing

By starting your Ortmind membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Ortmind service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

Price Changes

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

No Refunds

There are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods

You may edit your Payment Method information by visiting our service and clicking on the “Edit Account Details” link then click “Update Billing Info”, available in your “Dashboard” and at the top of the pages of the Ortmind service. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges

Automatic Renewal

We automatically renew all paid Memberships before the expiry of the term of the paid Membership (where permitted by applicable law). When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. Where required by applicable law, the renewal date will be specified in a renewal notice provided to you. If you do not want your paid membership to automatically renew, you must cancel your paid membership in accordance with the process set out below in these terms & conditions.

Cancellation of Automatic Renewal

If you are a paying Member and you did not cancel your paid you may apply for cancellation at the latest 24 hours before the date of renewal of the subscription. If you cancel your paid membership less than 24 hours before the expiry of the term of your paid Membership, your paid membership will be automatically renewed in accordance with these terms & conditions (where allowed by applicable law). The cancellation of your paid membership will be effective upon the expiry of the relevant paid period and you will have full use of our services until that time. No refund is applicable unless applicable law or these terms & conditions otherwise provide.

Cancellation of Your Membership by the Company

If we cancel a Member’s Membership for that Member’s breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered. If we cancel a Member’s Membership in its sole discretion for reasons other than that Member’s breach of these Terms & Conditions, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account.

WE DO NOT PROVIDE REFUNDS OR CREDITS.

If you signed up for Ortmind using your account with a third party as a Payment Method, and wish to cancel your Ortmind membership at any time you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Ortmind service through that third party. You may also find billing information about your Ortmind membership by visiting your account with the applicable third party.

Accounts and Registration

To access some features of the Web Browser or Application, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.

User Code of Conduct

In using the Services, you must behave in a civil and respectful manner at all times. By using the interactive features and areas of the Services, you further agree not to create, post, share or store any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Content that may violate any applicable Federal, State, Local, or International law or regulation;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• User Content that impersonates, or misrepresents your affiliation with, any person or entity;
• User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
• User Content that contains any private or personal information of a third party without such third party’s consent;
• User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
• User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services or Services, or that may expose Company or others to any harm or liability of any type.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.

Deletion

You may delete your account at any time.

Accounts on the Free plan may be deleted from the Services if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.

Accounts on paid plans will remain active unless you explicitly ask us to delete it when you cancel your paid plan.

Upon termination, all licenses granted by Company will terminate. In the event of account deletion for any reason, your Program content may no longer be available. Company is not responsible for the loss of such content.

Content Rights and Licenses

The Services, and all Content other than User Content and all software available on the Services or used to create and operate the Services, is and remains the property of Company, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Services are accessed, and all rights to the Services, such Content, and such software are expressly reserved.

All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Services are the property of their respective owners.

You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.

Limited License for Services

User Content is and remains that User’s property, and Company’s only right to that User Content is the limited licenses to it granted in these Terms of Use.

Company grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Company in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by Company are reserved.

Limited License to Company

While Company does not claim any ownership interest in your User Content, we do need the right to use your User Content to the extent necessary to operate the Services and provide the Services, now and in the future.

By posting or distributing Content to or through the Services, each User grants to Company, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, worldwide license and right to display, publicly perform, reproduce, distribute, publish, modify, adapt, create derivative works of, and otherwise use such User Content that you upload, transmit, or post on the Services or through the Services, in the manner in and for the purposes for which the Services from time to time uses such User Content.

If your User Content is intended for the use by other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in the section titled Company's Limited License of Content to Users

Limited License to Copy Content

Company grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy, and print the portions of the Content available to Users on the Services.

Such license is subject to these Terms of Use, and specifically conditioned upon the following:

• Users may only view, copy, and print such portions of the Content for their own personal use;
• Users may not modify or otherwise make derivative works of the Services or Content, or reproduce, distribute, or display the Services or any Content (except for page caching) except as expressly permitted in these Terms of Use;
• Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
• Users may not use the Services or Content other than for their intended purposes.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise.

Company may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.

Intellectual Property

Users may not engage in any activity on or through the Services, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.

We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the Services that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.

Reproduction and Downloading

You agree to use the Ortmind service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these terms of use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Ortmind service without express written permission from Ortmind, LLC.

You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Ortmind service; use any robot, spider, scraper or other automated means to access the Ortmind service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Ortmind service; insert any code or product or manipulate the content of the Ortmind service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Ortmind service, including any software viruses or any other computer code, files or programs.

Consent to ESIGN and Electronic Communications

This Consent to ESIGN and Electronic Communications (“E-Sign Consent”) constitutes your consent to receive disclosures, communications and other information in electronic form from Ortmind, LLC. (“Company”) and its affiliates and third-party providers.

“We”, “us” and “our” refers to Company, and their affiliates. “You” or “your” refers to the person providing this consent. “Communications” means any membership agreements and other customer agreements, disclosures, privacy policies, bank account statements, transaction histories, loan applications, loan agreements, notices, responses to claims, fee schedules, and all other information in connection with your Company account and related products or services, including but not limited to information that we are required by law to provide to you in writing, such as Truth in Lending Act disclosures and tax forms.

Consumer Consent

Before completing any transaction with us, you will be asked to agree to this E-Sign Consent, which constitutes your agreement to the following:

• We may provide disclosures required by law and any other information concerning your legal rights and duties and your account and related products and services to you electronically.
• Your electronic signature on agreements and documents has the same effect as if you physically signed the document with a pen.
• You will not contest the legal effectiveness, validity, enforceability or use of the electronically stored copies of any agreements electronically signed by you based on the fact that the terms were accepted electronically.
• You have the hardware and software and other technology described in the “Minimum Requirements” section below necessary to receive, review, download and save any Communications sent electronically.
• You have an active email account and have provide us with correct and up-to-date information relating to that account.

This consent applies to any transaction undertaken through Company in the past, to all future disclosures and communications on your account, to all future transactions with us, and to other Communications that we provide to you electronically.

Your consent is effective immediately and will remain in effect until you tell us that you no longer agree to receive Communications electronically by sending us notice in the manner described in the “Withdrawing Consent; Paper Communications” section below.

Minimum Requirements

To electronically receive, view and save or print the Communications, you must have a personal computer or mobile device with a connection to the internet that is equipped with the following, and an operating system that supports these requirements:

• A current version of Google Chrome, Mozilla Firefox, Microsoft Internet Explorer, Safari or other internet browser that we support
• Adobe Acrobat Reader installed on your device or the ability to view Hyper Text Markup Language (HTML)
• Either a printer, a hard drive or other storage device

We will provide you with notice of any significant change in the hardware or software requirements needed to access or retain Communications electronically. Your continued use of our electronic services after receiving notice of updates to these requirements constitutes your acceptance of the changes and your reaffirmation of this E-Sign Consent.

Withdrawing Consent; Paper Communications

Prior to creating a Company account, you may withdraw your consent to electronic disclosures by exiting the Service or the App. Additionally, you are free to withdraw your consent to receive electronic Communications at any time if you choose to. You agree that if you withdraw your consent or request paper copies of Communications, we may close your Company account or otherwise restrict, revoke or terminate your account and your access to other products and services we provide, subject to the terms of any additional agreement we have with you. Such termination does not exterminate any obligations you may have to Company, Meta or their affiliates. To the extent permitted by law, we may also charge you a reasonable service charge for the delivery of paper copies of any Communication. If you decide to withdraw your consent, the legal effectiveness, validity and/or enforceability of prior electronic Communications will not be affected.

Legal Effect

Your consent to this E-Sign Consent means that Communications we provide to you electronically shall have the same effect as if provided in paper form. A message alerting you that Communications are available electronically, provided that the Communications are made available electronically, shall have the same meaning as if we had provided them to you in paper form, regardless of whether you actually view them, unless you have withdrawn your consent pursuant this E-Sign Consent, prior to receiving such Communications.

DISPUTE PROCESS

THESE CLAUSES CONTAIN MANY OF YOUR RIGHTS IN CASE OF A DISPUTE, PLEASE REVIEW THESE RIGHTS CAREFULLY.

Assumption of Risk

You are solely responsible for ensuring that your use of the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Services

Process

1. CONTACT US - You agree to contact us with your complaint prior to filing for any arbitration.
2. FILE COMPLAINT - You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute).
3. ARBITRATION - You and Company agree that (a) any arbitration will occur in the State of Arizona, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Arizona and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

California Civil Code Section 1789.3 Compliance

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to austin@ortmind.com

California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing or at (800) 952-5210

Communications

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service.

Third Party Integration

In providing the Service, Company makes available various third party tools to process payments (i.e. Stripe or PayPal). Company is not responsible for and cannot be held liable for the performance of any third party services, the security of their service, or their collection or use of any of your information.

Disclaimer of Warranties

COMPANY DOES NOT WARRANT THAT ANY CONTENT ON THE SERVICE, DOCUMENT OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE CONTENT IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. COMPANY DOES NOT VERIFY FOR ACCURACY ANY FINANCIAL INFORMATION PROVIDED TO US FROM THIRD-PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND THEREFORE THIS DISCLAIMER WOULD NOT BE APPLICABLE IN THOSE JURISDICTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION, IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT.