Terms of Service

These Terms of Service (the “Terms”) govern access to and use of the MEDGE Capital platform, available at medgecapital.com (the “Platform”). By creating an account or using the Platform, you confirm that you have read, understood and agree to be bound by these Terms.

Definitions:

• ·“Provider”: Giuseppe Lamberti, sole proprietor (forfettario regime), VAT/Italian tax registration to be displayed in the imprint, owner and operator of the MEDGE Capital Platform.
• ·“User” / “you”: the natural person who registers for and/or uses the Platform.
• ·“Consumer”: a User acting outside their trade, business, craft or profession, as defined by EU Directive 2011/83/EU and equivalent national consumer-protection laws.
• ·“Service”: the software, data feeds, dashboards, watchlists, portfolio analytics, reports and other functionality made available through the Platform.
• ·“Subscription”: the Free, Pro or Enterprise plan you select.

MEDGE Capital is an analytics tool. It is not an investment advisory service, a portfolio management service, or a regulated financial intermediary.

In particular:

• ·The Provider is not authorised by CONSOB, the FCA, the SEC, BaFin, the AMF or any other financial regulator and does not issue personalised investment recommendations within the meaning of MiFID II (Directive 2014/65/EU) or any equivalent regime.
• ·Analyses, simulations, optimisations, backtests and AI-generated narratives produced by the Platform do not constitute investment advice and must not be relied upon as such.
• ·Past performance shown by the system is not indicative of future results. Investing carries risk, including the partial or total loss of capital.
• ·You are the sole party responsible for any investment decisions you take, whether or not informed by output from the Platform.
• ·The Provider does not warrant the accuracy, completeness or timeliness of market data sourced from third-party providers (e.g. MarketStack, FRED, SEC EDGAR, CFTC, BIS, IMF, ECB, Eurostat). Such data is provided “as is”.

To access the Platform you must register an account by providing:

• ·a valid email address;
• ·a password of at least 8 characters.

You warrant that the information you supply is accurate and undertake to keep your credentials secure. The Provider is not liable for unauthorised access caused by your failure to safeguard your credentials.

You must be at least 18 years old and have the legal capacity to enter into a binding contract under the laws of the country in which you reside in order to register and use the Platform.

The Service is offered under three plans:

• ·Free — €0, indefinite, limited functionality (Portfolio Overview & Backtesting tabs, watchlists capped at 2 lists × 30 tickers, PAC/DCA simulator, technical email updates).
• ·Pro — €14.99/month, full portfolio analytics, Insiders & Funds (limited), Central Banks (limited), Sovereign & cross-border, Calendar, COT, Dashboard, Charts, Security Analysis, Research, Risk Map, Focus, unlimited watchlists, up to 5 saved portfolios.
• ·Enterprise — €59.99/month, everything in Pro plus full Insiders & Funds (13D/G + FCA SPR), full Central Banks (ECB SHS), AI-generated portfolio narrative, cross-asset Intelligence, priority support, up to 50 saved portfolios.

A detailed description of features included in each plan is available at /account/abbonamento. The Provider may modify the features included in any plan provided that no less than 30 days’ written notice is given to you by email.

Payments are processed by Stripe Payments Europe Ltd. (Ireland). Card details are entered directly with Stripe and are never stored on the Provider’s servers (Stripe is PCI-DSS Level 1).

• ·The paid Subscription is monthly and recurring: each month, the price of the plan you selected is automatically charged to the payment method on file.
• ·The first charge is taken immediately upon subscription.
• ·You can cancel at any time from the Subscription page. Cancellation takes effect at the end of the period already paid for; you keep full access until that date and then automatically move to the Free plan. You may reactivate before the period ends.
• ·Outside of the statutory rights of withdrawal described in Section 7, partial mid-period refunds are not provided.
• ·VAT, where applicable, is charged in addition to the displayed price in accordance with Italian forfettario rules and the place-of-supply rules under EU VAT Directive 2006/112/EC.
• ·Italian electronic invoices (fattura elettronica) are issued automatically through the SDI (Sistema di Interscambio) for any User who provides an Italian tax code or VAT number at checkout.

The Provider may from time to time offer free trial periods, promotional pricing or discount codes for paid plans. Unless expressly stated otherwise:

• ·Trial periods automatically convert to a paid Subscription at the standard list price at the end of the trial, unless cancelled before the trial ends.
• ·Promotional pricing applies only to the first billing cycle and reverts to the standard list price thereafter.
• ·Discount codes are non-transferable, non-refundable in cash, and cannot be combined with other offers unless explicitly stated.
• ·The Provider may withdraw, modify or refuse trials, promotions and discount codes at any time at its discretion, subject to mandatory consumer-protection law.

The following withdrawal right applies to all Consumers, regardless of country of residence, in recognition of equivalent rights granted in particular by EU Directive 2011/83/EU (Italy: Articles 52–58 of Legislative Decree 206/2005), the United Kingdom Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and similar regimes elsewhere.

• ·You have 14 calendar days from the first charge to withdraw without giving any reason and without penalty.
• ·To exercise this right, send an unequivocal statement of withdrawal to info@medgecapital.com. A model withdrawal form (Annex I, EU Dir. 2011/83/EU) may be used but is not required.
• ·The Provider will refund the amount paid using the same payment method, no later than 14 days after receipt of your withdrawal notice.

Important — loss of withdrawal right for digital content: by accessing paid features of the Platform immediately after subscription, you give your express prior consent to the supply of digital content before the end of the 14-day withdrawal period and acknowledge that you thereby lose the right of withdrawal in accordance with Article 16(m) of EU Directive 2011/83/EU and Article 59(1)(o) of Italian Legislative Decree 206/2005. If you do not access paid features during the withdrawal window, the right remains exercisable.

UK Consumers — additional cancellation right: in addition to the above, UK Consumers benefit from the statutory 14-day cancellation right under the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The same exception for accessed digital content applies (regulation 37(1)).

The Provider may suspend or terminate your account, with or without notice as the circumstances require, where:

• ·you breach these Terms (in particular Section 9, Acceptable Use);
• ·your payment method is repeatedly declined and not cured within 14 days of notice;
• ·continued provision of the Service to you would, in the Provider’s reasonable judgement, expose the Provider to legal liability or to a violation of upstream data-licence terms;
• ·the Provider discontinues the Service or a material part thereof, in which case at least 30 days’ advance written notice will be given by email and any pre-paid amounts covering the unserved period will be refunded pro-rata.

Termination does not relieve you of any payment obligations accrued before the termination date.

You agree NOT to:

• ·share your account credentials with any third party;
• ·attempt to access restricted areas of the Platform or data belonging to other users;
• ·reverse-engineer, decompile, disassemble or perform automated scraping of the Service except to the limited extent permitted by mandatory law;
• ·use the Platform for any illegal, fraudulent or rights-infringing purpose;
• ·resell, redistribute or sublicense data obtained through the Platform to third parties without the Provider’s prior written authorisation;
• ·breach the licence terms of upstream data providers (MarketStack, FRED, SEC EDGAR, CFTC, BIS, IMF, ECB, Eurostat and others identified in the documentation).

The Platform’s software, source code, design, trademarks (including the “MEDGE Capital” word mark and logo), editorial content (blog, methodology documentation, AI-generated briefings) and the curated dataset compilations are owned exclusively by the Provider or its licensors.

Subject to your compliance with these Terms, the Provider grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform via supported web browsers for the duration of your active Subscription, solely for your internal personal or professional analytical purposes. No rights other than those expressly granted in these Terms are conferred.

Underlying market data made available through the Platform comes from public sources and is attributed to its respective owners on the relevant pages of the Service.

You retain ownership of the content you create on the Platform — notes, custom portfolios, watchlists, tags. By submitting such content you grant the Provider a non-exclusive, royalty-free, worldwide licence to host, store, process and display it for the sole purpose of providing the Service to you. The Provider does not claim any other rights in your content and will delete it on request or upon account closure (subject to Section 5 of the Privacy Policy regarding backup retention).

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, the Provider disclaims all warranties of any kind, whether express, implied or statutory, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted availability of the Service.

The Provider does not warrant that the Service will be free of errors, vulnerabilities, malware, or interruptions, nor that third-party data displayed through the Service is accurate, complete, current or fit for any specific decision-making purpose.

To the maximum extent permitted by applicable law, in no event will the Provider be liable for any indirect, consequential, incidental, special or punitive damages, loss of profits, loss of opportunity, loss of data, or business interruption, arising out of or relating to your use of, or inability to use, the Platform — even if the Provider has been advised of the possibility of such damages.

The Provider’s aggregate liability towards you, whether in contract, tort (including negligence), under statute or otherwise, shall not exceed the amount actually paid by you to the Provider in the twelve (12) months immediately preceding the event giving rise to the claim.

Mandatory consumer rights: nothing in these Terms excludes or limits the Provider’s liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable mandatory law (including, in particular, the Italian Codice del Consumo, the UK Consumer Rights Act 2015, the German BGB §§ 309 No. 7 and 309 No. 8 consumer-protection limits, and the French Code de la consommation).

You agree to defend, indemnify and hold harmless the Provider from and against any third-party claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising from (i) your breach of these Terms, (ii) your violation of any law or third-party right, or (iii) any investment or financial decision you take based on output from the Platform. This Section does not apply where you act as a Consumer to the extent that mandatory consumer-protection law would render an indemnity unenforceable.

The Provider processes personal data in accordance with the EU General Data Protection Regulation (Regulation 2016/679) and Italian Legislative Decree 196/2003 as amended. The full statement of how we collect, use and protect your data — and how you can exercise your rights under Articles 15–22 GDPR — is set out in our Privacy Policy, which forms an integral part of these Terms by reference.

The Provider may amend these Terms from time to time. Material changes will be notified by email at least 30 days before they take effect. If you do not accept the amended Terms you may cancel your Subscription before the effective date, retaining access for the period already paid for. Continued use of the Platform after the effective date constitutes acceptance of the amended Terms.

These Terms are governed by the laws of the Italian Republic, without regard to its conflict-of-laws rules and without prejudice to the mandatory consumer-protection rules of the country in which the Consumer habitually resides (Article 6 of EU Regulation 593/2008 — Rome I).

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the court of the Consumer’s place of residence or domicile in accordance with Article 66-bis of Italian Legislative Decree 206/2005, where applicable. For non-Consumer Users, the courts of Reggio Calabria (Italy) shall have exclusive jurisdiction.

Consumers resident in the European Union may submit any dispute arising from these Terms to the European Commission’s Online Dispute Resolution (ODR) platform, in accordance with Regulation (EU) 524/2013.

The Provider is not contractually obliged to use, and has not committed to using, any specific ADR body for the resolution of disputes with consumers, but will engage in good faith if a dispute is referred to an ADR body that has competence over the matter.

The provisions in this Section take precedence over any conflicting general provision in these Terms, but solely for the Consumers identified.

United Kingdom: in addition to the rights set out in Section 7, your statutory rights under the UK Consumer Rights Act 2015 (in particular as to digital content of satisfactory quality, fitness for a stated purpose, and as described) and under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are not affected by these Terms. Nothing in these Terms excludes or restricts liability that cannot be excluded under English law.

Germany: notwithstanding Section 13, the Provider’s liability is not limited (i) for damages resulting from injury to life, body or health caused by a breach of duty by the Provider or its legal representatives or vicarious agents (§ 309 No. 7(a) BGB), (ii) for damages caused by gross negligence or intent of the Provider, its legal representatives or vicarious agents (§ 309 No. 7(b) BGB), or (iii) for breaches of essential contractual obligations (Kardinalpflichten), in which case liability is limited to foreseeable, contract-typical damages (§ 309 No. 8(b)(bb) BGB).

France: this contract is concluded with you in your capacity as a consumer within the meaning of Articles L.221-1 et seq. of the French Code de la consommation. Your statutory rights with respect to non-conformity (Articles L.217-3 et seq. C. cons.), latent defects (Articles 1641 et seq. Civil Code) and the 14-day rétractation right (Articles L.221-18 et seq. C. cons.) remain fully applicable. The exclusion of the retractation right for digital content supplied with your express prior consent applies as set out in Article L.221-28(13).

The Provider will communicate with you primarily by email at the address associated with your account. You are responsible for keeping that address current. Notices to the Provider should be sent to info@medgecapital.com.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely approximates the original economic intent.

You may not assign or transfer your rights or obligations under these Terms without the Provider’s prior written consent. The Provider may assign these Terms to a successor entity in the event of a merger, acquisition or sale of substantially all of its assets, on prior notice to you, without affecting your rights.

These Terms, together with the Privacy Policy and the Cookie Policy, constitute the entire agreement between you and the Provider regarding the Platform and supersede any prior agreements or understandings.

For any request, complaint or question:

Email: info@medgecapital.com