Terms of Service

1. Introduction

1.1 Welcome to Minoma Analytics

Minoma Analytics, accessible at https://minoma-analytics.com, is a Software as a Service (SaaS) platform designed to provide traders with comprehensive statistical insights into financial assets. Our service, characterized by a robust statistics dashboard, leverages historical price data to offer valuable analytical perspectives. Our target audience is global, catering specifically to individuals aged 18 and above.

1.2 Purpose of Our Terms of Service

The purpose of this Terms of Service (ToS) document is to outline the guidelines, rules, and responsibilities associated with the use of Minoma Analytics. It is crucial for users to understand that our service focuses on presenting historical occurrences of financial assets. These historical occurrences, while factual, should not be mistaken for future probabilities. As a user, you acknowledge that past performance is not indicative of future results. The insights provided by our dashboard are based on past data and are intended to support, not dictate, trading decisions. The use of this information is at your sole discretion and risk.

This ToS document also serves to protect both the user and the company, ensuring a clear understanding of mutual expectations. It covers the legalities, user responsibilities, and our obligations to provide the service. By using Minoma Analytics, you agree to comply with the terms and conditions set forth in this document.

1.3 Clarification of Scope

It is important to note that Minoma Analytics serves as an analytical tool and should not be construed as a financial advisory service. Our platform provides data-driven insights, but we do not offer personalized investment advice.

1.4 Disclaimer of Liability

Minoma Analytics disclaims liability for any actions taken based on the information provided by our service. Decision-making based on our dashboard’s data remains the sole responsibility of the user.

1.5 Acknowledgment of Risk

Users should be aware that trading in financial markets involves significant risk. The historical data provided by Minoma Analytics should be used as one of many tools in making informed trading decisions.

1.6 Intellectual Property Notice

1.6 Intellectual Property Notice All content, logos, and other intellectual properties found on the Minoma Analytics website are the exclusive property of Minoma Analytics. This includes all data, statistics, and content provided through our platform.

1.7 Modification Clause

This Terms of Service is subject to change and may be updated periodically. Continued use of our service after such changes constitutes acceptance of the new terms.

1.8 Acceptance of Terms

By accessing and using Minoma Analytics, you signify your agreement to be bound by these terms and conditions. If you do not agree to these terms, you must refrain from using our services. Your continued use of Minoma Analytics following any changes to these terms will constitute your acceptance of such changes.

2. User Accounts

2.1 Account Creation

To create an account on Minoma Analytics, users must be at least 18 years old and provide their first name, last name, and country of residence. Our service is a paid subscription-based model, and currently, we offer one tier of subscription. By subscribing, users gain access to our comprehensive statistical insights and dashboard tools designed for financial asset analysis.

2.2 Account Responsibilities

Users are responsible for maintaining the confidentiality of their account credentials and are expected to store them securely. Sharing, reselling, or otherwise distributing accounts or access to Minoma Analytics is strictly prohibited. Users must not allow others to use their account and should ensure that their account details are not used for unauthorized purposes.

2.3 Account Misuse

In the event of account misuse, including but not limited to, sharing or reselling the account, attempting to defraud the platform or other users, or any actions compromising the security of Minoma Analytics and its community, we reserve the right to immediately terminate the subscription and the account without notice.

2.4 Account Termination/Suspension

Minoma Analytics reserves the right to terminate or suspend accounts for reasons including, but not limited to:

Violation of any terms within this ToS.
Sharing or reselling the account.
Reselling insights and information provided by the dashboard in any way or form.
Engaging in fraudulent activities or attempts to scam other users.
Compromising the security of the platform or its users.
Reverse engineering, manipulating, or infringing upon the intellectual property of Minoma Analytics.
Any behavior that disrupts the normal use of the service or affects other users negatively.
Violation of any terms within this ToS.
Sharing or reselling the account.
Engaging in fraudulent activities or attempts to scam other users.
Compromising the security of the platform or its users.
Reverse engineering, manipulating, or infringing upon the intellectual property of Minoma Analytics.
Any behavior that disrupts the normal use of the service or affects other users negatively.
Failure to pay the subscription fees as per the agreed terms.
Use of the service for any illegal purposes or to promote illegal activities.
Engaging in hate speech, harassment, or discrimination of any kind.
Engaging in spamming, sending unsolicited messages, or other disruptive communications.
Impersonating another person or entity, or misrepresenting affiliation with a person or entity.
Attempting unauthorized access to other user accounts or the platform’s backend, or interfering with the service’s functioning.
Unauthorized data mining, scraping, or extraction of data or content from the platform.
Posting content that infringes upon the intellectual property rights of others.
Posting or transmitting inappropriate, obscene, or offensive content.
Failing to comply with requests or instructions from Minoma Analytics regarding account or service use.
Failing to provide proper attribution when publicly sharing data or statistics derived from Minoma Analytics, as outlined in the Intellectual Property, Attribution, and Non-Misrepresentation section.
Using data, statistics, or content from Minoma Analytics to develop, enhance, or operate any competing service or platform.

2.5 Data Handling After Account Termination

Upon account termination or deactivation, user data will remain stored in our system. This is to facilitate account reactivation should the user choose to return to Minoma Analytics. We do not actively use or process this data for any other purposes post-account termination.

3. Privacy Policy

3.1 Overview

Minoma Analytics is committed to protecting the privacy and security of our users’ data. Detailed information regarding the collection, use, and protection of personal data is provided in our Privacy Policy.

3.2 Accessibility

The Privacy Policy can be accessed at https://minoma-analytics.com/privacy-policy/. We encourage all users to review this document to understand how Minoma Analytics handles personal information.

3.3 Acceptance

By agreeing to the Terms of Service, you also acknowledge that you have read, understood, and agreed to the practices described in the Privacy Policy.

4. Use of the Website

4.1 Permitted Use

Users of Minoma Analytics are permitted to:

Access and consume all member content available through their subscription plan, including the dashboard and other resources.
Share screenshots or videos of the dashboard with non-users in moderation.

However, users must adhere to the following restrictions:

Sharing of accounts or login credentials is strictly prohibited.
Reselling information from the dashboard or any other member content, such as video tutorial series, is forbidden.
Use of statistical data provided by Minoma Analytics is at the user’s discretion, with proper attribution when shared publicly.

4.2 Prohibited Use

Refer to Chapter 2 for a comprehensive list of prohibited uses, including but not limited to account misuse, fraud, and security compromises.

4.3 User Interactions and Community Guidelines

In our Discord community, we strive for a respectful and constructive environment. Users are expected to:

Be friendly and avoid engaging in fights, abusive, toxic, or unreasonable behavior towards other users.
Maintain a constructive tone when being critical; attacking others is not permitted.
Refrain from ego showboating. Posting profit and loss screenshots (PnL shots) is strictly prohibited to prevent such behavior.
Provide proper attribution to Minoma Analytics when discussing or sharing data or insights derived from our platform.

4.4 Content Standards

Users must not promote or engage with scam groups, including but not limited to pump and dump groups or other deceptive practices.

4.5 Educational Use of Video Tutorials

The video tutorials provided as part of Minoma Analytics are for educational purposes only. They are intended to demonstrate how the statistical data might be interpreted for trading decisions. However, these tutorials are not and should not be construed as financial advice. The interpretations and strategies discussed are examples only and should be considered as part of a broader, informed trading strategy.

4.6 Compliance with Laws and Disclaimer

It is essential to note that Minoma Analytics is not a financial advisor or in the financial sector. The service provided is purely for aggregating and presenting statistical data related to financial markets. Minoma Analytics does not engage in trading, provide trade advice, or recommend trades. The use of our data and tools is purely informational and should not be considered as financial advice.

5. Intellectual Property Rights

5.1 Ownership of Website Content

Minoma Analytics retains all rights, title, and interest in and to the website’s and dashboard’s content. This includes, but is not limited to, the website design, dashboard interface, video tutorials, the statistics provided by the dashboard, and the logic behind these statistics. These elements constitute the intellectual property of Minoma Analytics.

5.2 Use of Intellectual Property

Users are granted a non-exclusive, non-transferable license to use the data and content provided by Minoma Analytics for personal or internal business purposes only. Redistribution, reselling, or claiming the data as one’s own is strictly prohibited. When publicly sharing data or statistics derived from Minoma Analytics, users must provide clear and proper attribution to Minoma Analytics.

5.3 Protection of Intellectual Property

Minoma Analytics actively protects its intellectual property rights. As discussed in Chapter 2, any unauthorized use, reproduction, or distribution of our content, including attempts to reverse engineer or infringe upon our intellectual property, will be met with strict enforcement actions, including account termination. Users must not imply or give the impression, directly or indirectly, that the data, statistics, or content provided by Minoma Analytics are their own work. Proper attribution to Minoma Analytics must be made in all instances where the data or statistics are shared publicly.

5.4 Intellectual Property, Attribution, and Non-Misrepresentation

All data, statistics, and content provided through our platform are the exclusive property of Minoma Analytics. Users are granted a non-exclusive, non-transferable license to use this data and content for personal or internal business purposes only. Redistribution, reselling, or claiming the data as one’s own is strictly prohibited.

When data, statistics, or content derived from Minoma Analytics is shared publicly (including but not limited to social media, blogs, websites, and presentations), users must provide clear and proper attribution to Minoma Analytics. An example of proper attribution is: “Data provided by Minoma Analytics.”

Users may use data, statistics, or content from Minoma Analytics for internal business purposes or personal use without the need for attribution, provided that such use does not mislead others about the origin of the data.

Users must not imply or give the impression, directly or indirectly, that the data, statistics, or content provided by Minoma Analytics are their own work. Users are prohibited from using data, statistics, or any other content from Minoma Analytics to develop, enhance, or operate any competing service or platform.

Violation of the public use attribution requirement will result in specific consequences, such as warnings or restricted access, with repeated violations potentially leading to termination of access to our platform and services. Minoma Analytics also reserves the right to seek legal remedies if necessary.

6. Service Accessibility

6.1 Dependency on External Services

Minoma Analytics relies on external platforms such as Microsoft PowerBI for the dashboard interface and Google BigQuery for database services, and the ByBit API for data retrieval. While we strive to provide a consistent, uninterrupted service, the availability of these components is subject to the operational status of these external services. Therefore, any downtime or service interruptions on their end are beyond our control and may impact the accessibility of Minoma Analytics.

6.2 Maintenance and Updates

We perform regular maintenance with the aim of minimizing disruption to our users. In the exceptional circumstance where maintenance might significantly affect service availability, users will be notified in advance via email. Our goal is to ensure that maintenance activities are seamless and do not interfere with the user experience.

6.3 Limitations of Service

Although Minoma Analytics is designed to be reliably available, there may be instances where data refreshes are delayed or fail, resulting in the absence of the most recent data. In such cases, the service will remain operational, and we are committed to addressing any data refresh issues promptly and efficiently. Users should be aware that this does not constitute a service failure but is a limitation of the real-time data updating process.

6.4 Service Availability Disclaimer

Users should also be aware that unforeseen technical issues or circumstances beyond our control may occasionally affect service availability. Minoma Analytics is dedicated to resolving any such issues swiftly to maintain the integrity and continuity of our service.

6.5 User Responsibilities

To ensure optimal use of Minoma Analytics, users should have a stable internet connection and access to the email account they provided during registration. These requirements are essential for accessing the dashboard and receiving notifications regarding the service.

6.6 Feedback and Reporting Issues

We encourage users to report any accessibility issues or difficulties encountered while using our service. Feedback can be directed to our support team via the contact methods provided on our website. Timely reporting helps us identify and resolve issues more effectively, enhancing overall user experience.

7. Warranties and Disclaimers

7.1 Disclaimer of Warranties

Minoma Analytics provides its services “as is” and “as available,” without any warranties of any kind, either express or implied. While we strive for accuracy, the correctness of the data provided by Minoma Analytics is subject to the accuracy of the data from our source APIs. Users should be aware that there may occasionally be calculation errors or inaccuracies, which we aim to correct promptly upon discovery.

7.2 Limitation of Liability

Minoma Analytics shall not be liable for any damages or losses arising from the use of our service. Given that Minoma Analytics is a provider of statistical data, the interpretation and application of this data is entirely at the discretion of the user. Therefore, we bear no liability for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to, financial loss, loss of profit, loss of opportunity, or business interruption, arising out of or in connection with the use of our service or the inability to use the service.

7.3 No Guarantee of Results

Minoma Analytics does not guarantee any specific outcomes as a result of using our data or tools. The data and tools are provided for informational purposes only and should not be relied upon as the sole basis for making financial or trading decisions.

7.4 User Responsibility

Users are responsible for their use of Minoma Analytics and the decisions they make based on the information provided. Users should exercise due diligence and discretion in interpreting and applying the data obtained from our service.

7.5 Applicable Law Limitations

The above disclaimers, waivers, and limitations of liability do not exclude or limit any rights that cannot be lawfully excluded or limited by applicable law. If any provisions of this section are found to be unlawful, void, or for any reason unenforceable, then those provisions shall be deemed severable from this agreement and do not affect the validity and enforceability of any remaining provisions.

7.6 Indemnification

Users agree to indemnify and hold harmless Minoma Analytics, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the unauthorized use of Minoma Analytics content, breach of these Terms of Service, or violation of any rights of a third party. This includes, but is not limited to, any claims arising from:

User-generated content.
Unauthorized distribution or transmission of Minoma Analytics data.
Any breach of intellectual property rights.

8. Termination of Use

8.1 Termination by Minoma Analytics

As previously detailed in Chapter 2, Minoma Analytics reserves the right to terminate a user’s access to the service for reasons including, but not limited to, violations of these Terms of Service.

8.2 User’s Right to Terminate

Users have the right to cancel their subscription at any time. Upon cancellation, the subscription will remain active until the end of the current billing cycle, at which point it will expire. No new charges will be incurred following the cancellation.

8.3 Consequences of Termination

In accordance with the details provided in earlier chapters, upon termination of an account, the user’s data will remain stored in our system. This retention is to facilitate potential account reactivation in the future.

8.4 No Refund Policy

Minoma Analytics does not offer refunds for any subscriptions canceled before the end of the current billing cycle.

8.5 Survival of Certain Provisions

Certain provisions of these Terms of Service, including but not limited to those relating to intellectual property (prohibition of reverse engineering, rebuilding the product, or reselling), will continue to apply even after an account has been terminated. This is to protect the integrity of Minoma Analytics and its services.

9. Changes to Terms of Service

9.1 Notification of Changes

Minoma Analytics reserves the right to modify or update these Terms of Service at any time. When changes are made, users will be notified via email. It is important for users to ensure that their email address with Minoma Analytics is current to receive these notifications.

9.2 Effective Date of Changes

Changes to the Terms of Service will become effective immediately upon being posted on our website or as otherwise stated in the notification email. We recommend users review the updated Terms of Service to stay informed about any changes.

9.3 User Acceptance of Changes

By continuing to use Minoma Analytics after changes to the Terms of Service are made and communicated, users are deemed to have accepted the revised terms. If a user does not agree to the new terms, they should discontinue their use of the service.

9.4 Archiving Previous Versions

Previous versions of the Terms of Service will not be archived or accessible by users. It is the responsibility of the user to stay updated with the latest version of the Terms of Service as available on our website.

10. Governing Law and Jurisdiction

10.1 Governing Law

The Terms of Service of Minoma Analytics, including all matters relating to the use of the Minoma Analytics service, shall be governed by and construed in accordance with the laws of the Netherlands. This applies regardless of the user’s location or the country from which they access our service.

10.2 Jurisdiction for Disputes

Any disputes or claims arising out of or in connection with the Terms of Service, or the use of Minoma Analytics, shall be subject to the exclusive jurisdiction of the courts of the Netherlands. Users agree to submit to the jurisdiction of these courts for the resolution of any such disputes.

10.3 Dispute Resolution

Before resorting to litigation, Minoma Analytics encourages users to contact us directly to seek a resolution. If the dispute cannot be resolved through direct communication, it may then be subject to legal proceedings as determined by the courts of the Netherlands.

10.4 International Use Considerations

While Minoma Analytics is accessible globally, users outside the Netherlands should be aware that they are agreeing to adhere to the laws of the Netherlands when using our service. It is the responsibility of the user to ensure that their use of Minoma Analytics complies with all local laws and regulations in their own jurisdiction.

11. Contact Information

11.1 General Inquiries and Support

For general questions or support related to Minoma Analytics, users can contact us by sending an email to info@minoma-analytics.com. Alternatively, users can also utilize the Discord community for direct communication and support.

11.2 Technical Support

Technical support inquiries can be addressed in the dedicated technical support channel on our Discord server. Users seeking more formal technical assistance can also email their queries to info@minoma-analytics.com.

11.3 Legal Notices

All legal notices or formal communications should be directed to info@minoma-analytics.com. We ensure that communications sent to this address receive appropriate attention.

11.4 Feedback and Suggestions

We highly value user feedback and suggestions. Users are encouraged to share their feedback in the designated channel on our Discord community. This input is vital for us to continually improve our services and user experience.

12. Effective Date

12.1 Effective Date of Terms

The Terms of Service outlined herein are effective as of December 28, 2023. By accessing and using Minoma Analytics from this date onwards, users agree to comply with and be bound by these terms.

13. Affiliate Terms of Use

As an authorized affiliate (Affiliate) of Minoma Analytics, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Minoma Analytics as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Minoma Analytics by your own website or personal referrals.

By signing up for the Minoma Analytics Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

13.1 Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

13.2 Commissions

Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days.

You cannot refer yourself, and you will not receive a commission on your own accounts.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

13.3 Termination

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
Violation of intellectual property rights. Minoma Analytics reserves the right to require license agreements from those who employ trademarks of Minoma Analytics in order to protect our intellectual property rights.
Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Minoma Analytics, however, is acceptable.
Self referrals, fraudulent transactions, suspected Affiliate fraud.

In addition to the foregoing, Minoma Analytics reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

13.4 Affiliate Links

You may use graphic and text links both on your website and within in your email messages. You may also advertise the Minoma Analytics site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.

13.5 Coupon and Deal Sites

Minoma Analytics occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
Affiliates may not bid on Minoma Analytics Coupons, Minoma Analytics Discounts or other phrases implying coupons are available.
Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

13.6 Pay Per Click (PPC) Policy

PPC bidding is NOT allowed without prior written permission.

13.7 Liability

Minoma Analytics will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Minoma Analytics. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

13.8 Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

13.9 Indemnification

Affiliate shall indemnify and hold harmless Minoma Analytics and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Minoma Analytics to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

13.10 Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Minoma Analytics affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Minoma Analytics application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.