Spectar FX Gold (the “Software”) is provided by DMG TIM, družba za notranji in mednarodni transport, d.o.o. (“DMG TIM”, “we”, “us”), registration number 6381529000, VAT number SI 86596462, registered office Frankopanska ulica 8, 1000 Ljubljana, Slovenia. Contact: support@spectarfx.com.
By purchasing, downloading, installing or using the Software you accept these Terms. The contract is concluded in English; a Slovenian version is available for consumers resident in Slovenia and prevails for them.
The Software is a standalone trading tool (an Expert Advisor) that you install and run on your own MetaTrader 5 platform, on your own device or virtual server, connected to your own account with a broker of your choosing.
All strategy logic runs locally on your installation. We do not send you trade signals, and we do not send, place, transmit or execute any order on your behalf. We have no discretion over your account.
We do not provide investment advice, personal recommendations, portfolio management or any other investment service within the meaning of Directive 2014/65/EU (MiFID II) or the Slovenian Financial Instruments Market Act (ZTFI-1). Nothing we provide constitutes investment, legal or tax advice.
We are not authorised or supervised by the Securities Market Agency (ATVP) or by any other financial regulator, and no investor-compensation or financial-ombudsman protections apply to your purchase or use of the Software.
All intellectual property rights in the Software are reserved. Nothing in these Terms transfers ownership to you.
[For counsel: the licence chain from the author (the director personally) to DMG TIM, d.o.o. is not yet documented. This clause is to be revised once that agreement is in place.]
Subject to payment and to these Terms we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to install and use the Software for your own trading, on the number of accounts stated in your plan, for the duration of your subscription.
Breach entitles us to suspend or terminate the licence immediately and without refund, without prejudice to our other rights.
You open, fund and control your own trading account. We never hold, receive or have access to your funds or your broker credentials, and we cannot deposit into or withdraw from your account. You may disable or remove the Software at any time.
The Software depends on third parties outside our control, including MetaTrader 5, your broker, your device or virtual server, your internet connection and market conditions. We are not responsible for their acts, omissions, downtime, pricing, execution, requotes, slippage, spread widening, gaps or liquidity.
If you use the Software on an account provided by a proprietary trading firm, you are solely responsible for compliance with that firm’s rules. We are not responsible for any breach, failed challenge, voided account, forfeited profit split or lost challenge fee.
Current plans, features and prices are set out on our website and incorporated by reference. Prices are stated inclusive or exclusive of VAT as indicated at checkout. Where payment is processed by a Merchant of Record, that provider is the seller of record for the payment transaction and issues your invoice; otherwise DMG TIM invoices you directly and accounts for VAT under the EU One Stop Shop scheme.
Where a trial is offered it does not convert automatically into a paid subscription.
If you are a consumer you have 14 days to withdraw from a distance contract under Directive 2011/83/EU and the Slovenian Consumer Protection Act (ZVPot-1). Because the Software is digital content supplied immediately, you will be asked at checkout to give express prior consent to immediate supply and to acknowledge that you thereby lose the right of withdrawal. If you do not give that consent, supply begins after the 14-day period.
This does not affect your statutory rights if the Software is defective or not as described.
Support is provided by email at support@spectarfx.com. If the Software does not conform to the contract, notify us in writing with a description of the issue, your platform and broker details and any relevant logs. We will acknowledge within 3 business days and use reasonable efforts to bring the Software into conformity or, failing that, offer a proportionate price reduction or refund in accordance with ZVPot-1.
We do not guarantee uninterrupted availability of our website, licensing or update services.
We may provide updates for maintenance, compatibility, security and performance. Updates are versioned and accompanied by release notes. Updates are not a means by which we direct your trading; the Software’s operation remains under your configuration and control.
We process personal data (such as your email address, licence key, IP address and limited technical telemetry) as described in our Privacy Policy, which forms part of these Terms. We comply with Regulation (EU) 2016/679 (GDPR) and the Slovenian Personal Data Protection Act (ZVOP-2).
Nothing in these Terms excludes or limits liability for death or personal injury, for intent or gross negligence, or any liability that cannot be excluded under mandatory law. Your mandatory rights as a consumer under ZVPot-1 and the Obligations Code (OZ) are unaffected, including our liability for conformity of the digital content.
You will indemnify us against claims, losses and reasonable costs arising from your breach of these Terms, in particular from resale or sharing of the Software or its output, from using it to manage third-party funds, or from breach of a broker’s or proprietary trading firm’s rules.
We may change these Terms and will give reasonable notice of any material change. If a material change is to your disadvantage you may terminate before it takes effect and receive a pro-rata refund for the unused part of your current period.
Please contact us first at support@spectarfx.com. We will acknowledge within 3 business days and aim to respond substantively within 14 days. [Decision required: whether DMG TIM recognises an out-of-court consumer dispute resolution provider under ZIsRPS.] Consumers may also use the European Commission ODR platform.
These Terms are governed by Slovenian law. The courts of Ljubljana, Slovenia have jurisdiction. If you are a consumer resident in another EU Member State, you retain the benefit of the mandatory consumer protections of your country of residence and may bring proceedings in the courts of that country, in accordance with Regulation (EU) 1215/2012.