Terms and Conditions

1. Supplier, scope and definitions

1.1 The supplier is Market Timing Strategy Dennis Janzer, sole proprietorship, Weidmatt 1, 6314 Unteraegeri, Switzerland, email: info@market-timing-strategy.com.

1.2 These Terms apply to paid access to and use of Market Timing Strategy. Additional services are included only when the order confirmation expressly identifies them as paid services.

1.3 A consumer contracts mainly for private purposes. A business customer contracts in the course of commercial, independent or professional activity. Mandatory consumer protection rules at the consumer's habitual residence remain applicable.

2. Subject of the contract

2.1 The contract grants a limited, non-exclusive right to use software for MetaTrader 5. Once activated by the customer, the software can independently generate, transmit, modify and close trading orders according to predefined rules.

2.2 The supplier provides the software functions described in the offer. No particular return, number of trades, risk level, uninterrupted operation, broker execution or economic result is owed.

2.3 The software is a technical tool. It does not provide personal investment advice, portfolio management, tax advice or legal advice, and it does not assess whether trading is suitable for a particular customer.

3. Formation of the contract

3.1 Product information is an invitation to place an order. The customer selects a licence, provides the required confirmations and submits payment through the payment provider.

3.2 A contract is formed only when the supplier accepts the order by electronic order or delivery confirmation or provides the personalised software and licence. An automated payment receipt confirms only that payment was received and does not by itself accept the order.

3.3 The supplier records the selected licence, each exact confirmed statement and document version, the acceptance time, an order reference and its payment reference. Consent to early performance and acknowledgement of the possible loss of the withdrawal right are requested through separate, required and initially unchecked controls. For the Terms, the record also states that the confirmation control was enabled only after the document end had been reached. The record is linked to the payment, protected by integrity values and supplied to the customer as a human-readable PDF and machine-readable JSON file. It is an electronically documented consent record, not a qualified electronic signature.

3.4 Before acceptance, the supplier may reject an order for an objective reason, including incomplete or reversed payment, an obvious pricing or discount error, an expired, unauthorised or overused code, inconsistent order details, a substantiated risk of fraud or misuse, a legal restriction or technical impossibility. Rejection will not be arbitrary or discriminatory.

3.5 Any payment received for an order that is rejected will be refunded promptly through the original payment method. Duplicate or erroneously generated emails, files, links or licence identifiers do not expand the paid licence scope and may be disabled.

4. Licence plans and term

4.1 The available fixed terms are 12, 36 and 60 months at the total price displayed during checkout.

4.2 The term begins when the software and licence are electronically provided after confirmed payment. Later installation or activation does not postpone the stated expiry date.

4.3 Every licence ends automatically at the end of its selected term. There is no automatic renewal and no further charge. Continued use requires a newly purchased or expressly offered renewal licence.

4.4 Choosing a multi-year licence means choosing a prepaid, time-limited right of use. Non-use, missing signals, trading losses or changed expectations do not create an ordinary cancellation or pro-rata refund right, without prejudice to mandatory law.

5. Rights of use

5.1 During the agreed term, the customer receives a personal, non-transferable and non-sublicensable right to use the supplied file in exactly one active MT5 installation on one Windows PC or VPS. The customer may change between eligible demo and live accounts and broker logins within that installation.

5.2 Resale, rental, publication, sharing licence files or credentials, bypassing protection, reverse engineering where legally excludable, and parallel use beyond the agreed scope are prohibited.

5.3 The first successful activation assigns the active right of use to that MT5 installation. Simultaneous use on another PC, VPS or independent MT5 terminal is prohibited. Moving to another installation is possible only after the active technical lease has expired. An administrative cleanup must not terminate a still-active offline authorisation early. Parallel use is excluded.

5.4 Contest, competition, tournament, challenge and evaluation accounts are excluded. The active installation validates the licence online at regular intervals. Following a successful validation, temporary licence-server unavailability may be bridged only until the issued 72-hour lease expires. New entries are then blocked while existing positions remain subject to the exit-management provisions in clauses 8.4 and 8.5.

6. Technical requirements and broker

6.1 The customer provides a compatible Windows computer or VPS, MetaTrader 5, internet access, a suitable trading account and sufficient permissions. The computer or VPS, platform, internet connection and automated trading function must remain active.

6.2 Broker symbols, prices, spreads, swaps, execution, trading hours, leverage, margin, stop levels and available instruments differ. The software was operationally tested for the stated AvaTrade MT5 environment. Compatibility with another broker is not guaranteed.

6.3 Broker-specific deviations may require configuration or an update. The customer must not disclose a main trading password; read-only access may be used only when technically necessary and expressly agreed.

7. Delivery, instructions and support

7.1 After confirmed payment, the supplier electronically provides the personalised EX5 file, licence information, term details, configuration and installation material. The download link is time-limited.

7.2 Installation is performed by the customer using the supplied instructions. The customer must verify the correct account, chart, settings and activation before live use.

7.3 Personal installation assistance, screen sharing and broker or symbol checks may be offered voluntarily and free of charge. Unless expressly sold as a separate service, they are not an owed principal service and no specific response time is guaranteed.

8. Automated trading and customer responsibility

8.1 Once activated, the software may trade without further human confirmation. The customer remains in control of the account and may deactivate the software.

8.2 The customer regularly checks platform connectivity, logs, errors, positions, pending orders, account equity, margin and all technical prerequisites. Removing or switching off the software does not itself close existing positions or orders.

8.3 The required WebRequest addresses must be allowed and the supplied configuration must be used. After restarts, updates, connection failures, broker changes or account changes, the customer checks that the licence, EA, symbols, WebRequest and Algo Trading remain active.

8.4 After the regular expiry of the paid licence, the software no longer opens new positions or adds to existing positions. Positions opened before expiry and clearly attributable to the software remain under the strategy's normal exit management for up to 25 calendar days after the applicable expiry date. The software is authorised and designed to automatically submit any such position still open after that period for closing at the next tradable market price.

8.5 A temporary licence-server outage does not by itself trigger market liquidation. The last successful licence result may be cached for no more than 72 hours. If validation is still unavailable afterwards, only new entries and additions are blocked until validation succeeds; normal management and closing of existing software positions continues where technically possible. The contractual expiry embedded in the software remains effective independently of server availability.

8.6 In the event of an effective extraordinary suspension, in particular for unauthorised sharing or circumvention, use on an excluded contest or evaluation account, payment reversal or a material security risk, the software may immediately block new entries and attempt to close clearly attributable software positions at the next tradable market price without the 25-day period. Neither this process nor section 8.4 guarantees immediate execution, loss limitation or a particular execution price. The customer remains responsible for monitoring and manual action where required.

9. Specific trading risks

9.1 Trading leveraged products, including CFDs, can cause rapid and substantial losses up to the complete loss of the capital used and, depending on the account and applicable rules, additional obligations.

9.2 Slippage, price gaps, spreads, swaps, financing costs, rejected orders, partial fills, outages, early closes, holidays, symbol differences and broker rules can materially change results.

9.3 Stop-loss orders do not guarantee execution at the requested price. Several strategies or positions can overlap and increase aggregate risk. The customer chooses capital allocation and confirms that losses are financially bearable.

10. Historical tests and performance information

10.1 Backtests, simulations, charts and statistics are hypothetical historical reconstructions prepared in good faith. They may contain data gaps, assumptions, implementation differences or errors.

10.2 Historical and simulated results do not guarantee future performance. Live results can differ substantially because of prices, execution, costs, broker conditions and market changes.

10.3 A linked third-party track record remains subject to the third party's data, methodology and availability. Marketing information does not replace the customer's own assessment.

11. Prices and payment

11.1 The total price and currency shown during checkout apply. Taxes and payment handling follow the checkout information and mandatory law.

11.2 Payment is processed by the displayed payment provider. The software is delivered only after successful and final payment confirmation.

11.3 No recurring payment is created. Renewal requires a new order and payment initiated by the customer.

11.4 Discount and test codes apply only for their stated period, licence scope and number of redemptions. Personal or single-use codes must not be shared, multiplied or used through multiple orders contrary to their stated limit. An obvious display or calculation error does not create a right to an objectively incorrect price; clauses 3.4 and 3.5 apply.

12. Right of withdrawal

12.1 Consumers have the mandatory withdrawal rights applicable to them. Details and the model form are provided in the separate withdrawal information. A withdrawal can also be submitted through the highlighted online withdrawal function.

12.2 Where a withdrawal right exists, performance before the end of the withdrawal period begins only after the customer's express request. A right relating to digital content expires only when all statutory requirements are met, including express consent, acknowledgement and contract confirmation.

12.3 The paid online product is the digital software and time-limited licence. Voluntary installation assistance is free of charge and is not a separately paid service. Any separately agreed paid service would be subject to separate information.

13. Defects and updates

13.1 Mandatory statutory defect rights apply. The customer reports reproducible defects with sufficient information and allows reasonable troubleshooting.

13.2 A defect does not arise solely from changed broker conditions, unsupported environments, third-party outages, incorrect installation, unauthorised modification or failure to meet the technical requirements.

13.3 Required security and compatibility updates must be installed within a reasonable period. Mandatory legal obligations to supply updates remain unaffected.

14. Liability

14.1 Liability is unlimited for intent, gross negligence, injury to life, body or health, fraudulent concealment, expressly assumed guarantees and mandatory product liability.

14.2 For slight negligence involving an essential contractual obligation, liability is limited to the damage typical and foreseeable when the contract was formed. Mandatory consumer rights remain unaffected.

14.3 Trading losses are not recoverable merely because they occurred while the software was used or because live trading differed from a historical test. Where a proven software defect or culpable breach caused damage, liability is assessed under the preceding clauses and mandatory law.

15. Protection of the software

15.1 The customer must not publish non-public functionality, files or documentation or provide them to third parties to copy or market a competing product.

15.2 The licence key, personal build identifier, runtime token, expiry date, account binding and online validation are technical protection measures. Removing, altering, bypassing or sharing them is prohibited.

16. Suspension and early termination

16.1 Either party may terminate for cause where, after considering all circumstances and both parties' interests, continuation until the agreed end date cannot reasonably be required.

16.2 Cause for the supplier may include intentional sharing or parallel use beyond the agreed scope, bypassing licence protection, use of excluded accounts, unlawful use, abusive use of a discount code, fraudulent order data, material payment default, unjustified chargeback or a concrete material security risk.

16.3 For a remediable breach, the supplier normally gives a reasonable opportunity to remedy or a warning. This is not required where the customer finally refuses a remedy or fraud, intentional manipulation, unauthorised sharing or an urgent security risk justifies immediate action.

16.4 Suspension is limited to what is objectively necessary. Where technically and legally reasonable, new entries are blocked first while existing software positions remain under section 8. Section 8.6 applies in a material misuse or security case.

16.5 If the supplier ends the contract early without cause attributable to the customer, the unused prepaid term is refunded pro rata; a full voluntary refund remains possible. For termination caused by the customer, due amounts and proven claims may be set off where legally permitted, but these Terms do not provide for automatic forfeiture of the entire unused balance.

16.6 Termination, suspension grounds, effective date and any refund are documented in text form. Mandatory refund, defect, damages and consumer rights remain unaffected.

17. Changes to the software and Terms

17.1 The supplier may update the software for security, legal, broker or compatibility reasons as long as the contractual core function is not unreasonably impaired.

17.2 The version accepted when the contract was formed generally governs that contract. Changes detrimental to the customer do not become effective merely through publication and require a valid agreement or legal basis.

18. Governing law and jurisdiction

18.1 Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice does not remove mandatory protection granted by the law of their habitual residence.

18.2 Mandatory consumer jurisdictions remain applicable. For business customers, the supplier's registered office in the Canton of Zug, Switzerland, is the exclusive place of jurisdiction where legally permitted.

19. Final provisions

19.1 Individual agreements take precedence and should be recorded in text form.

19.2 If a provision is wholly or partly invalid, the remaining provisions remain effective and the statutory rule applies. No validity-preserving reduction to a consumer's disadvantage is intended.