Terms & Conditions

Refund Policy
No Refunds

I hereby acknowledge and accept that this service is governed by an unequivocal no-refund policy, and that partial refunds are explicitly excluded.

I consent to the one-time payment required for the 'Pro Account' subscription plan.

For monthly subscription plans, billing will commence immediately upon registration and will automatically recur every 30 days until manually canceled. Your account will renew at 30-day intervals, irrespective of its status, until either canceled or upon the successful completion of the evaluation. Billing occurs on a 30-day cycle, with charges applied between two days after and three days prior to the preceding billing date.

As the subscriber, you bear full responsibility for the management of your subscription. Should you wish to cancel, it is your duty to do so via the website prior to the renewal date. In the event of cancellation, whether by inadvertence or intentional action, reactivation is not permitted, and a new account must be created.

By subscribing, you expressly agree to refrain from disputing any charges. Should any dispute arise, it will be forwarded to collections, with any incurred legal or collection fees being added to the outstanding amount.

By proceeding with the service, you authorize us to process and charge your credit card through Tenacity’s merchant account. You affirm that all personal information provided, including your name and other details, is truthful and accurate.

Lastly, please be advised that resetting your account does not alter the original subscription renewal date. Monthly billing will continue every 30 days from the initial subscription date. Should your account be in a failed state, it will only be reset upon subscription renewal.

Renewals

I recognize that my account balance will be reinstated only upon subscription renewal if the account is in a failed state. Should my account be classified as failed at the time of renewal, the balance will be restored to its initial value, thereby permitting me to resume trading.

I understand that account resets do not impact the renewal date. For monthly subscription plans, billing will continue on a 30-day cycle from the original subscription date.

These provisions do not apply to "Pro" accounts.

Acceptance of the Terms of Use

These Terms of Use represent a legally binding agreement between you and Tenacity Trading, Corp., along with its affiliates, successors, and assigns (collectively referred to as the “Company,” “we,” or “us”). These terms govern your access to and use of the website located at https://www.tenacitytrading.co/ (the “Website”), including all associated content, features, and services available through the site, whether you access it as a guest or register as a user (“User”) to create a profile and engage with the Website and its community.

We strongly urge you to review these Terms of Use in detail prior to utilizing the Website. By accessing or utilizing the Website, you acknowledge and consent to be bound by these Terms of Use. If you do not agree to these terms, you are expressly prohibited from accessing or using the Website.

The Website is exclusively available to individuals who are 18 years of age or older. By using the Website, you affirm that you satisfy this age requirement. If you do not meet the specified age criteria, you are not authorized to access or utilize the Website.

Modifications to the Terms of Use

We retain the exclusive right to amend and revise these Terms of Use at our discretion. Any alterations will become effective immediately upon publication and will govern all future access and use of the Website thereafter.

By continuing to engage with the Website following the posting of any modifications, you explicitly acknowledge and consent to the revised Terms of Use. It is your obligation to periodically consult this page to remain apprised of any updates, as such changes shall be binding upon you.

Accessing the Website and Account Security

We retain the exclusive right to alter, suspend, or terminate access to the Website, as well as any associated services or content, at our discretion and without prior notification. We shall not be held liable for any disruption or inaccessibility of the Website, whether temporary or prolonged. From time to time, we may impose restrictions on access to specific areas of the Website or the entire site, including for registered users.

You assume full responsibility for:

Ensuring the necessary arrangements are made for you to access the Website.
Guaranteeing that any individual accessing the Website through your internet connection is fully informed of and adheres to these Terms of Use.

In order to utilize certain features or services of the Website, you may be required to provide specific registration details or other personal information. By utilizing the Website, you affirm that all information you submit is accurate, up-to-date, and complete. Furthermore, you acknowledge that any information you provide, whether during registration or through interactive features, is governed by our Privacy Policy, and you consent to the processing of your data in alignment with said policy.

Should you choose to create an account, you are solely responsible for maintaining the confidentiality of your username, password, and other security credentials. These credentials must not be disclosed to any third parties. Your account is strictly personal, and you agree not to allow any other individual to gain access to the Website using your login details. You are required to promptly notify us of any unauthorized access to your account or any security breaches. Moreover, it is your responsibility to log out after each session and exercise caution when accessing your account from public or shared devices to safeguard your personal information from unauthorized access.

We reserve the absolute right to deactivate any username, password, or other identifying credentials at our discretion, with or without cause, particularly if we believe you have breached any provision of these Terms of Use.

Intellectual Property Rights

All content, features, and functionality on this Website—including but not limited to text, images, videos, audio, software, and overall design—are the exclusive property of the Company, its licensors, or content providers. These materials are legally protected by intellectual property laws, including copyright, trademark, patent, and trade secret regulations in the United States and internationally.

You are granted limited permission to access and use the Website strictly for personal, non-commercial purposes. You are not allowed to copy, distribute, modify, create derivative works from, publicly display, perform, republish, download, store, or transmit any content from this Website, except under the following conditions:

Temporary storage of materials on your computer is permitted as part of regular browsing.
Your web browser may automatically cache files for better performance.
You may print or download a reasonable number of pages for personal, non-commercial use, provided they are not altered, shared, or republished.
If downloadable applications are provided, you may install a single copy on your personal device for non-commercial use, subject to our end user license agreement.
If the Website includes social media sharing options, you may use them as intended.

The following actions are strictly prohibited:

Modifying or altering any materials obtained from the Website.
Removing or changing any copyright, trademark, or proprietary notices.
Using the Website or its content for commercial purposes without authorization.

Any violation of these terms will result in immediate termination of your access to the Website. You may also be required to return or destroy any materials obtained inappropriately. No ownership rights are transferred to you, and all rights remain with the Company. Unauthorized use of the Website may result in legal consequences under copyright, trademark, and other applicable laws.

Payments, Credits, and Refunds

All purchases made on the Company’s site are final and non-refundable.

Prohibited Uses

You are authorized to access and utilize the Website solely for legitimate purposes and in strict accordance with these Terms of Use. You expressly agree not to engage in any of the following:

Engaging in any conduct that contravenes applicable federal, state, local, or international laws or regulations (including, without limitation, those governing the export of data or software to or from the United States or any other jurisdiction).
Utilizing the Website in any manner that exploits, harms, or seeks to exploit or harm minors in any way, including but not limited to exposing them to inappropriate content, soliciting personally identifiable information, or engaging in any other detrimental actions.
Transmitting, knowingly receiving, uploading, downloading, utilizing, or reusing any content that fails to meet the Content Standards delineated within these Terms of Use.
Distributing, or facilitating the distribution of, unsolicited promotional or advertising materials, including but not limited to "junk mail," "chain letters," "spam," or other similar forms of solicitation.
Impersonating or attempting to impersonate the Company, its employees, other users, or any other entity (including by using email addresses, usernames, or screen names associated with the aforementioned parties).
Engaging in any conduct that restricts or inhibits others from enjoying the Website or which, as determined at our discretion, could harm the Company or its users or expose them to liability.

In addition, you agree not to:

Utilize the Website in any manner that may disable, overload, damage, or impair its functionality or interfere with any other individual’s use, including their ability to participate in real-time activities.
Employ any robotic, spider-like, or other automated systems, devices, processes, or means to access the Website for any purpose, including the monitoring or copying of material present on the Website.
Engage in any manual process to monitor or duplicate content on the Website, or for any unauthorized purpose, without our express prior written approval.
Use any device, software, or routine that interferes with the proper operation of the Website.
Introduce malicious software such as viruses, Trojan horses, worms, logic bombs, or any other harmful or technologically damaging materials.
Attempt to gain unauthorized access to, disrupt, damage, or interfere with any sections of the Website, the servers hosting the Website, or any other server, computer, or database connected to the Website.
Launch a denial-of-service (DoS) attack or a distributed denial-of-service (DDoS) attack against the Website.
Otherwise engage in any actions that may disrupt or interfere with the proper functioning of the Website.

User Contributions

The Website may incorporate a variety of interactive functionalities, such as message boards, chat rooms, personal profiles, forums, bulletin boards, and other similar interactive services (collectively referred to as “Interactive Services”), which enable users to contribute, submit, publish, display, or transmit content or materials (collectively referred to as “User Contributions”) to be shared with other users or third parties.

All User Contributions must conform to the Content Standards as outlined in these Terms of Use.

Any User Contribution you submit or post on the Website shall be deemed non-confidential and non-proprietary. By providing any User Contribution, you irrevocably grant to the Company, its affiliates, service providers, and their respective licensees, successors, and assigns, a worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, perform, display, distribute, and otherwise disseminate such material in accordance with the privacy settings of your account.

You hereby represent and warrant that:

You possess or control all requisite rights to the User Contributions and are fully authorized to grant the license described above to the Company, its affiliates, service providers, and their respective licensees, successors, and assigns.
All User Contributions you submit will comply with the provisions set forth in these Terms of Use.
You fully understand and acknowledge that you bear sole responsibility for any User Contributions you post, and the Company disclaims any responsibility for the legality, accuracy, reliability, or appropriateness of such content.

The Company shall not be held liable for any claims, damages, or losses resulting from the content, accuracy, or validity of User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement, Termination

We retain the exclusive right to:

Remove or withhold any User Contributions from the Website at our sole discretion, for any reason, or none at all.
Take any measures we deem necessary or suitable with regard to any User Contribution, including but not limited to situations where we believe such content breaches the Terms of Use, infringes upon any intellectual property or other rights, threatens the safety of users or the general public, or exposes the Company to potential legal liability.
Disclose your identity or any other pertinent information to third parties asserting that materials you have posted infringe upon their rights, including but not limited to intellectual property or privacy rights.
Initiate appropriate legal action, including referral to law enforcement authorities, in response to any unlawful or unauthorized use of the Website.
Suspend or revoke your access to the Website, in full or in part, for any reason, including but not limited to violations of these Terms of Use.

Furthermore, we reserve the right to fully cooperate with law enforcement authorities or comply with any court order requiring us to disclose the identity or other relevant information of individuals who post content on the Website. YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS AGAINST ANY CLAIMS ARISING OUT OF ANY ACTION TAKEN BY SUCH PARTIES DURING OR FOLLOWING INVESTIGATIONS OR AS A RESULT OF COOPERATING WITH LAW ENFORCEMENT AUTHORITIES.

Nevertheless, we do not undertake to review all content prior to its posting and cannot ensure the immediate removal of objectionable material once published. As such, we disclaim any liability for actions or omissions regarding transmissions, communications, or content posted by users or third parties. We assume no responsibility for the performance or nonperformance of the activities outlined herein.

Content Standards

The following standards govern all User Contributions and interactions with Interactive Services. All User Contributions must, without exception, comply with applicable federal, state, local, and international laws and regulations. Specifically, User Contributions must not:

Contain any content that is defamatory, obscene, lewd, offensive, harassing, violent, discriminatory, inflammatory, or otherwise objectionable in nature.
Promote or disseminate sexually explicit or pornographic material, incite violence, or perpetuate any form of discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
Violate the intellectual property rights of others, including but not limited to patents, trademarks, trade secrets, copyrights, or any other proprietary rights.
Breach any legal rights of individuals, including privacy and publicity rights, or include material that may give rise to civil or criminal liability under relevant laws, or that otherwise conflicts with these Terms of Use or our Privacy Policy.
Be designed to deceive, mislead, or otherwise create a false impression.
Promote unlawful activity or provide assistance, advocacy, or support for any illegal conduct.
Cause unwarranted annoyance, distress, or discomfort, or be likely to provoke, disturb, or alarm other individuals.
Falsely represent or impersonate any individual, or misstate your affiliation or relationship with any person or organization.
Engage in commercial activity, including but not limited to contests, sweepstakes, sales promotions, advertising, or barter.
Give the erroneous impression that such content originates from, or is endorsed by, the Company or any other entity unless expressly authorized.

The Company is committed to respecting the intellectual property rights of others and expects users of its Services to uphold the same standards. As part of its policy, the Company will terminate the accounts of individuals who are repeat infringers of intellectual property laws, including copyright violations. If you believe that your copyrighted work has been used in a manner that constitutes infringement and wish to request the removal of the allegedly infringing content, please provide the following information to our designated copyright agent, as per the Digital Millennium Copyright Act:

A physical or electronic signature of the copyright holder or an authorized representative acting on their behalf;
A comprehensive description of the copyrighted work alleged to have been infringed;
A detailed account of the material you claim to be infringing, or that is subject to infringing activity, and is to be removed or whose access should be disabled;
A precise location description of the material in question;
Your full contact information, including your address, telephone number, and email address;
A statement confirming your bona fide belief that the contested material is not authorized by the copyright owner, its representative, or applicable law;
A sworn declaration, under penalty of perjury, affirming the veracity of the information in your notification and asserting that you are either the copyright owner or an authorized agent acting on behalf of the copyright owner.

Please note that under 17 U.S.C. § 512(f), any false claim of material fact within a notice subjects the complainant to liability for any damages, legal costs, and attorney’s fees incurred by the Company as a result of the notice and any ensuing copyright infringement claim.

Reliance on Information Presented

The content made available on or through this Website is intended solely for general informational purposes. We make no assurances regarding the accuracy, exhaustiveness, or applicability of such information. Any reliance placed on such material is entirely at your own discretion and risk. We expressly disclaim all liability and responsibility for any outcomes arising from your reliance on this information, whether by you, other users of the Website, or individuals who may be exposed to the material.

This Website may incorporate content furnished by third parties, including contributions from users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements, opinions, articles, responses, and other materials provided by these external sources are exclusively the views of the respective authors or entities. These materials do not necessarily represent the views or positions of the Company. We bear no responsibility or liability, either to you or any third parties, for the content, veracity, or accuracy of materials supplied by third parties.

Modifications to the Website

The content on this Website may be periodically revised; however, it is not guaranteed to be exhaustive or up-to-date. Certain materials on the Website may become obsolete, and we hold no obligation to amend or refresh such content at any given time.

Personal Data and Your Interactions with the Website

All data collected through your interaction with this Website is handled in accordance with our Privacy Policy. By engaging with the Website, you expressly consent to the collection, use, and processing of your information as detailed within the Privacy Policy.

Linking to the Website and Social Media Features

You are permitted to establish a link to our homepage, provided that such a link is made in a manner that is fair, legal, and does not tarnish or exploit our reputation. However, you are prohibited from creating a link in such a manner that implies an endorsement, approval, or affiliation with us, unless explicitly authorized by us in writing.

This Website may include certain social media functionalities that allow you to:

Create links from your website or third-party platforms to specific content on our Website.
Distribute emails or other communications containing links to particular content on our Website.
Display portions of content from our Website on your site or third-party websites.

These functionalities are provided solely for your use in relation to the specific content they pertain to. You shall refrain from:

Establishing links to the Website from any site not owned or controlled by you.
Displaying the Website or any of its content through framing, deep linking, inline linking, or any other method that could suggest the content originates from any website other than ours.
Creating links to any section of the Website other than the homepage.
Engaging in actions that contravene any other provisions outlined in these Terms of Use in relation to the Website’s content.

The website from which you are linking, or on which you make certain content accessible, must adhere in all respects to the Content Standards set forth in these Terms of Use.

You agree to cooperate with us in promptly halting any unauthorized framing or linking activities. We reserve the right to withdraw your permission to link without notice at our sole discretion.

Furthermore, we retain the absolute discretion to disable or revoke any or all social media features and links at any time, without prior notification.

Links from the Website

In the event that the Website includes hyperlinks to third-party websites or resources, such links are provided solely for your convenience. This encompasses links found within advertisements, such as banner advertisements or sponsored links. We neither control nor endorse the content of these external sites or resources and disclaim any responsibility or liability for them, as well as any potential loss or damage arising from their usage. Should you opt to access any third-party websites linked through this Website, you do so entirely at your own risk and are subject to the terms and conditions governing those external sites.

Geographic Limitations

The Website is owned and operated within the jurisdiction of the State of New York, United States. It is expressly intended for use by individuals located within the United States. We make no representations or warranties regarding the availability, legality, or appropriateness of the Website or any of its content beyond the United States. Access to the Website may be restricted or prohibited in certain territories. Should you elect to access the Website from outside the United States, you do so at your own discretion and bear full responsibility for adhering to any applicable local laws and regulations.

Disclaimer of Warranties
You acknowledge and accept that we are unable to guarantee, nor do we provide any assurances, that files available for download from the Website or the Internet are devoid of viruses or any other potentially destructive code. You are solely responsible for implementing comprehensive procedures and safeguards necessary to satisfy your specific requirements for virus protection, data integrity, and accuracy, as well as ensuring an independent means of recovering any lost data. WE DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE ARISING FROM DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY MALICIOUS MATERIAL THAT MAY INFECT YOUR COMPUTING DEVICE, SOFTWARE, DATA, OR OTHER PROPRIETARY ASSETS DUE TO YOUR INTERACTION WITH THE WEBSITE, THE SERVICES OR CONTENT OBTAINED THROUGH THE WEBSITE, OR ANY MATERIALS DOWNLOADED THEREFROM OR VIA LINKED THIRD-PARTY SITES.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS PROCURED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY INDIVIDUAL AFFILIATED WITH IT MAKES ANY REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, RELIABILITY, SECURITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. FURTHERMORE, NEITHER THE COMPANY NOR ANY PARTY ASSOCIATED WITH IT WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THEREFROM WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF DEFECTS, OR THAT ANY DEFECTS WILL BE RECTIFIED, NOR DO WE GUARANTEE THAT THE WEBSITE OR THE SERVER THAT HOSTS IT IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO ASSURANCES THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE HELD LIABLE FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, ANY LINKED SITES, ANY CONTENT CONTAINED WITHIN THE WEBSITE OR LINKED SITES, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR LINKED SITES. THIS INCLUDES, BUT IS NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES SUCH AS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS, ANTICIPATED SAVINGS, DATA, GOODWILL, AND ANY OTHER ECONOMIC LOSS, EVEN IF FORESEEABLE AND EVEN IF CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY.

THIS LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR RESTRICTED UNDER APPLICABLE LAW.

Indemnification

You hereby agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or in connection with your breach of these Terms of Use or your utilization of the Website. This encompasses, but is not limited to, your User Contributions, any use of the Website’s content, services, and products that is not expressly authorized herein, or your engagement with any information acquired through the Website.

Governing Law and Jurisdiction
All issues concerning the Website and these Terms of Use, including any disputes or claims (whether contractual or non-contractual) arising therefrom or relating thereto, shall be governed by and construed in accordance with the substantive laws of the State of Delaware, without regard to any principles of conflicts of laws.

Any legal action, suit, or proceeding arising from or in connection with these Terms of Use or the Website shall be exclusively instituted in the federal courts of the United States or the courts located within the State of Delaware. Notwithstanding the foregoing, we retain the right to initiate proceedings in your country of residence or any other relevant jurisdiction for matters related to the breach of these Terms of Use. You irrevocably waive any objections to the exercise of jurisdiction by such courts and to the venue therein.

Arbitration

At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or your use of the Website, including those related to their interpretation, breach, invalidity, non-performance, or termination, to final and binding arbitration in accordance with the Rules of Arbitration of the American Arbitration Association, applying the laws of the State of Florida.

Time Limitation for Claims

ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITE MUST BE BROUGHT FORTH WITHIN ONE (1) YEAR FROM THE DATE THE CLAIM ARISES; FAILURE TO COMMENCE SUCH CLAIM OR CAUSE OF ACTION WITHIN THIS PERIOD WILL RESULT IN ITS IRREVOCABLE FORECLOSURE.

Waiver and Severability

The Company’s decision to refrain from enforcing any provision or condition stipulated within these Terms of Use shall not be interpreted as a perpetual or subsequent waiver of that provision or condition, nor shall it constitute a waiver of any other provision or condition. Furthermore, any omission by the Company to invoke or exercise a right under these Terms of Use shall not be construed as a forfeiture of such right.

In the event that any provision of these Terms of Use is deemed invalid, unlawful, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be reformed, restricted, or severed to the minimum extent necessary to ensure that the remaining provisions continue in full force and effect, preserving the overarching intent of these Terms of Use.

Entire Agreement

These Terms of Use, in conjunction with our Privacy Policy and Terms of Sale, constitute the comprehensive and exclusive accord between you and Personal Projects, Inc. concerning the Website. This agreement takes precedence over and nullifies all prior or contemporaneous discussions, negotiations, understandings, representations, or warranties, whether verbal or documented, relating to the Website.

Your Comments and Concerns

This Website is administered by the Company, with its principal office located at 7901 4th ST N STE 300, St. Petersburg, FL 33702.

All formal notifications concerning claims of copyright infringement must be directed to the designated copyright agent, as specified in our Privacy Policy, and submitted in accordance with the procedures outlined therein.

For all other inquiries, including feedback, commentary, technical support requests, or any other communications related to the Website, please address your correspondence to: https://www.tenacitytrading.co/.