Terms of Use, Policies and Disclaimers

Your affirmative act of using our website located at www.bestgram.ltd (and all associated sites linked to it) or services ("bestgram") signifies that you agree to the following terms and conditions of use ("Terms of Use"). If you do not agree, do not use bestgram. bestgram is the property of bestgram Inc. ("us", "we" or "our").

1. Changes to the terms of use
   We may change these Terms of Use at any time. If you continue to use bestgram after we post changes to these Terms of Use, you are signifying your acceptance of the new terms. You will always have access to our Terms of Use and will be able to check it at any time. By reloading this page, you will have the most up-to-date version available to bestgram users.
2. Changes to bestgram
   We may discontinue or change any service or feature on bestgram at any time without notice. We do not guarantee backward compatibility of our services and Application Programming Interface (API) in this case.
3. Ownership of information; License to use bestgram; redistribution of data
   Unless otherwise noted, all rights, titles, and interests in bestgram, and all information made available through bestgram or our services, in all languages, formats, and media throughout the world, including, but not limited to, all copyrights and trademarks therein, are the exclusive property of bestgram, our affiliates or our Data Providers, as defined in section 6 (disclaimer regarding content) below.
   All rights, title and interest in and to any data or/and other information provided by Interactive Data (IDCO), and all such data/information made available by Interactive Data (IDCO) through bestgram or our services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are the property of Interactive Data (IDCO), our affiliates or our Data Providers (as applicable).
   You may not use any data mining, robots or similar data gathering and extraction tools on the bestgram content, frame any portion of bestgram or its content, sublicense, assign, transfer, sell, loan, or otherwise distribute for payment the bestgram content without our prior written consent. You may not circumvent any mechanisms included in the bestgram content for preventing the unauthorized reproduction or distribution of the bestgram content. For additional information on commercial and partnership inquiries with us, please see the Contacts page.
   Except as otherwise expressly permitted by the preceding paragraph, you agree not to sell any of the services or materials in any manner or for any purposes, without the prior expressed written consent of bestgram and/or our Data Providers. In addition, you shall not, without the prior expressed written consent of bestgram and the relevant Data Providers, make copies of any of the software or documentation that may be provided, electronically or otherwise, including, but not limited to, translating, decompiling, disassembling or creating derivative works.
   
   
   Except as otherwise expressly permitted by additional agreement, we do not permit commercial usage of any of our services or APIs. We make no warranty and assume no obligation or liability for third party services or software. Please see section 19 (third party software) below for further information.
4. Attribution
   bestgram grants all users of bestgram.co, and all other available versions of the site, to use snapshots of bestgram charts in analysis, press releases, books, articles, blog posts and other publications. In addition, bestgram grants the use of all previously mentioned materials in education sessions, the display of bestgram charts during video broadcasts, which includes overviews, news, analytics and otherwise use or promote bestgram charts or any products from the bestgram website on the condition that bestgram attribution is clearly visible at all times when such charts and products are used.
   Attribution must include a reference to bestgram, including, but not limited to, those described herein.
   Use of bestgram charts during video or other promotions where bestgram attribution is not visible, must include a description of the product used therein. For instance: "Charting platform used for this analysis is provided by bestgram," or simply "Charts by bestgram." Font size should not be less than 10 PT = 13PX = 3.4MM.
   You can use the "Snapshot" button in the top toolbar of the chart to instantly create a picture file of your current chart. bestgram will automatically take a snapshot with all required attributions and provide a link where you can view your chart, download it or share it. The use of any bestgram products outside the bestgram website, without a proper attribution of bestgram, is not allowed. Users who disobey this attribution rule herein may be banned permanently, and other legal actions may be taken to ensure compliance. This includes, but is not limited to, cease-and-desist warnings, court orders, injunctions, fines, damages relief, and so on.
5. Third party sites and advertisers
   bestgram may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You agree that bestgram shall not be held liable for any trading activities or other activities that occur on any website you access through links on bestgram. We provide these links as a convenience, and do not endorse the content or services offered by these other sites. Any dealings that you have with advertisers found on bestgram are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
   Unauthorized soliciting on bestgram is strictly prohibited and may result in penalties, including, but not limited to, temporary or permanent bans of the account found in violation, and any appropriate and available legal action for monetary and other damages.
6. Disclaimer regarding content
   bestgram cannot and does not represent or guarantee that any of the information available through our services or on bestgram is accurate, reliable, current, complete or appropriate for your needs. Various information available through our services or on bestgram may be specially obtained by bestgram from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers (e.g. Cboe BZX and possibly other established financial exchanges such as the New York Stock Exchange, NASDAQ, New York Mercantile Exchange and Dow Jones), who are believed to be sources of reliable information (collectively, the "Data Providers"). Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through our services and website are not and cannot be guaranteed by bestgram. We make no warranty and assume no obligation or liability for scripts, indicators, ideas and other content of third parties. Your use of any third-party scripts, indicators, ideas and other content is at your sole risk.
7. Disclaimer regarding investment decisions and trading
   Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of "Day Trading" involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through bestgram or our services.
8. Disclaimer regarding hypothetical performance results
   Hypothetical performance results have many inherent limitations, some of which are mentioned below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program.
   One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
9. Registered users
   Certain services, such as saving charts, publishing them or the ability to comment on published charts, are available only to registered users of the bestgram website and require you to sign in with a username and password to use them. If you register as a user (a "Subscriber") of any of the features of bestgram, during the registration process you may be prompted to click "Register Now", "Submit" or a similar button; your clicking on such button will further confirm your agreement to be legally bound by these Terms of Use.
   In consideration of your use of the bestgram website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving bestgram services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the bestgram's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or bestgram has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, bestgram has the right to suspend or terminate your account and refuse any and all current or future use of the bestgram services (or any portion thereof).
10. Non-Professional subscriber status
    As a vendor of official real-time market data from exchanges (e.g. Nasdaq) for end users, we are required to identify the 'Non-Professional' status of any Subscriber. By ordering a subscription for market data on bestgram (except for the following subscriptions: CME GLOBEX, CBOT, COMEX, NYMEX) you confirm the following:

    1. You use market data solely for personal use, not for your business or any other entity.
    2. You are not registered or qualified with the Securities Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC).
    3. You are not registered or qualified with any securities agency, any securities exchange, association or regulatory body in any country.
    4. You do not perform any functions that are similar to those that require an individual to register or qualify with the SEC, the CFTC, any other securities agency, any securities exchange, or association or regulatory body, or any commodities or futures contract market, or association or regulatory body.
    5. You are not engaged as an investment advisor (as that term is defined in Section 202 (a) (11) of the Investment Advisor's Act of 1940) or asset manager and you are not engaged to provide investment advice to any individual or entity.
    6. You are not subscribing to the service in your capacity as a principal, officer, partner, employee, or agent of any business or on behalf of any other individual.
    7. You use your own capital, not provided by any other individual or entity in the conduct of your trading.
    8. You do not conduct trading for the benefit of a corporation, partnership, or other entity.
    9. You have not entered into any agreement to share the profit of your trading activities or receive compensation for your trading activities.
    10. You are not receiving office space, and equipment or other benefits in exchange for your trading or work as a financial consultant to any person, firm or business entity.
11. Derived Data
    Our proprietary derivation consumes raw market data and executes a 2-factor derivation process to produce the displayed price, later consumed by the price engine. Derived market data is sourced and supplied from various sources and can therefore be blended.
    The derivation process involves changing the raw price by a factor determined by the volume of trading on the underlying market, a randomized variable and a maximum offset amount. The derived data price is only ever displayed to our non-professional clients, the derived data price then being the proprietary value of an organization.
    At no point is raw data accessible by any client, nor can said data be reverse-engineered in any manner. All markets are passed through the same derivation engine.
12. Access and security
    You accept responsibility for the confidentiality and use of any username and email address that use to register for your access to and use of our services. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify bestgram of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. bestgram cannot and will not be liable for any loss or damage arising from your failure to comply.
    bestgram considers private information on the site (source code of protected or invite-only scripts, etc.) to be confidential to you. bestgram protects such private information from unauthorized use, access, or disclosure in the same manner that it protects personal data (please refer to our Privacy Policy for more information).
13. Payment and cancellation of service
    1. By ordering any subscription on www.bestgram.co (including a free trial period) you confirm that you have read and accepted our Terms of Use and you authorize bestgram to automatically charge your bank card or PayPal account according to the billing period manually selected by you.
    2. Each user can try any paid plan for 30 days free of charge. If the trial is not cancelled before its expiration date, it automatically converts to a monthly or annual paid plan depending on user’s choice. There are no refunds for monthly plans, even if the subscription is canceled on the same day as the autoconversion payment has gone through. Refunds are available only after an automatic deduction for annual payments (i.e. after trial and after renewal) within 14 calendar days after the payment was made. Please note that users who filed a chargeback/dispute request or a claim are not eligible for a refund. PRO, PRO+ and Premium subscriptions automatically include market data that is available without additional per-user fees only. You can see which markets are available for free and which need to be purchased separately on the bestgram GoPro page. A cancelled trial and associated services will stop immediately after cancellation, except for any data packages that were purchased.
    3. The service is billed in advance on a monthly, annual, or 2-year basis. There will be no refunds or credits for partial months of service, or refunds for months unused with an open user account. If auto renewal fails for an annual plan you will automatically be switched to a monthly plan.
    4. All billing is recurring, which means you will continue to get billed until you cancel your subscription. You are solely responsible for properly canceling your bestgram subscription. An email request or support ticket asking for your subscription to be cancelled is not considered cancellation. You may cancel your subscription at any time by visiting the billing section of your Profile Settings page.
    5. If you cancel the service before the end of your current paid up period, your subscription will remain active until the next due date. After the due date, if no payment received, your subscription will be stopped.
    6. We do not offer refunds for initial payments. If you order the service for the first time, please make sure that the order is correct before the payment is made.
    7. We do not offer refunds for recurring monthly payments. If you have been billed for automatic monthly renewal of the Service, you can cancel the subscription to avoid billing for next months.
    8. We do not offer refunds for upgrades to a more expensive plan or a longer billing cycle. Remaining days are converted into an equivalent value of days on the new subscription.
    9. We offer refunds for recurring annual and 2-year payments on demand. If you have been billed for automatic annual and 2-year renewal of the service, you have 14 calendar days (after the payment was made) to contact our support team. If you don't do this, bestgram assumes that renewal of the service is expected and the payment will not be refunded.
    10. Refunds are available only after an automatic deduction for annual payments (i.e. after trial and after renewal) within 14 calendar days after the payment was made.
    11. Our moderators are official bestgram representatives, with the authority to warn or ban users (including those with a paid subscription) when they do not abide by the House Rules. We do not offer refunds in case you are banned from publishing content and interacting with others because your paid subscription and all of its data and/or features are still available during any such ban.