1. INTRODUCTION
1.1 These terms and conditions ("Agreement") govern the use of the www.artisgain.com website ("Website") by users ("Users" or "you").
1.2 By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
2. ACCEPTANCE OF TERMS
2.1 By accessing or using the Website, you accept and agree to be bound by this Agreement.
2.2 If you do not agree to be bound by this Agreement, you may not access or use the Website.
3. OWNERSHIP AND USE OF WEBSITE CONTENT
3.1 The Website is owned and operated by MIRINICH TECH SRL ("ARTISGAIN").
3.2 All content, information, and applications on the Website are the property of ARTISGAIN and are protected by copyright law.
3.3 You may access and use the Website content for your personal, non-commercial use only.
3.4 You may not copy, modify, display, distribute, transmit, publish, sell, license, create derivative works, or use the content of the Website for any other purpose without written confirmation from ARTISGAIN.
4. USER CONDUCT AND OBLIGATIONS
4.1 You agree to comply with all applicable laws and regulations when using the Website.
4.2 You agree to respect ARTISGAIN's intellectual property rights in relation to the Website content.
4.3 You agree to provide accurate and complete information when using the Website.
5. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
5.1 The Website is provided "as is" and ARTISGAIN disclaims all warranties, express or implied, related to the Website content, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
5.2 ARTISGAIN will not be liable for any damages, losses, or expenses arising from the use of the Website, including but not limited to any errors or omissions, interruptions or delays, or loss of data.
5.3 In no event shall ARTISGAIN's liability exceed the amount of cashback earned by the user.
6. INDEMNIFICATION
6.1 You agree to indemnify and hold ARTISGAIN harmless from any claims, damages, losses, or expenses arising from your use of the Website or violation of this Agreement.
7. PERSONAL INFORMATION AND PRIVACY
7.1 ARTISGAIN collects and uses personal information in accordance with applicable laws and regulations.
7.2 By using the Website, you consent to the collection and use of your personal information by ARTISGAIN.
7.3 ARTISGAIN will not disclose your personal information to third parties without your consent, except as required by law.
8. LINKS TO THIRD-PARTY WEBSITES
8.1 The Website may contain links to third-party websites ("Linked Sites").
8.2 ARTISGAIN is not responsible for the content of Linked Sites and disclaims any endorsement or recommendation of those websites.
8.3 Your use of Linked Sites is at your own risk and subject to the terms and conditions of those websites.
9. DISPUTE RESOLUTION AND GOVERNING LAW
9.1 Any disputes arising from or related to this Agreement shall be resolved through arbitration in accordance with the rules of the Romanian Arbitration Association.
9.2 The language of the arbitration shall be English.
9.3 This Agreement shall be governed by and construed in accordance with the laws of Romania.
10. MODIFICATION AND TERMINATION
10.1 ARTISGAIN reserves the right to modify, suspend, or terminate the Website and this Agreement at any time, with or without notice.
10.2 If you object to any modifications to this Agreement or the Website, your only recourse is to cease using the Website.
10.3 Upon termination of this Agreement, your license to use the Website content will automatically terminate.
11. GENERAL PROVISIONS
11.1 This Agreement constitutes the entire agreement between you and ARTISGAIN and supersedes all prior agreements or understandings, whether written or oral, regarding the Website.
11.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
11.3 You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of ARTISGAIN.
11.4 ARTISGAIN may assign or transfer its rights or obligations under this Agreement without your consent.
11.5 No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.
11.6 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
12. DISCLAIMER
12.1 ARTISGAIN provides no guarantees that the Website will be available at all times and cannot be held liable for any unavailability or interruption of the Website.
12.2 ARTISGAIN makes no representations or warranties as to the accuracy, reliability, completeness, or timeliness of the Website content.
13. INTELLECTUAL PROPERTY
13.1 All trademarks, service marks, logos, and trade names used on the Website are the property of ARTISGAIN or their respective owners.
13.2 You may not use any trademarks, service marks, logos, or trade names on the Website without the prior written consent of ARTISGAIN or their respective owners.
14. PAYMENT OBLIGATIONS TO TAX AUTHORITIES
14.1 Rebates received by ARTISGAIN customers are subject to tax law.
14.2 Each client has the obligation to declare to the tax authorities from their country of residence the gains obtained in the form of rebates from ARTISGAIN.
15. ACCEPTABLE USE POLICY
15.1 You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party.
15.2 You agree not to use the Website in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party's use and enjoyment of the Website.
16. CASHBACK PROGRAM
16.1 ARTISGAIN acts as a cashback provider for Forex, Crypto and Stock Markets, and refers traders to brokers.
16.2 ARTISGAIN shares with its clients between 30 - 80% of the rebates generated by the clients.
16.3 ARTISGAIN is not responsible for any situations in which partner brokers/exchanges do not want to pay rebates generated by ARTISGAIN clients for various reasons, such as bankruptcy, insolvency, or prohibited trading strategies that clients can use when trading with our partner brokers/exchanges.
16.4 The Website is paying out rebates to its clients only after the rebates reach ARTISGAIN bank accounts, crypto wallets, or any other 3rd party wallets available as withdrawal methods for the clients.
17. AFFILIATE PROGRAM
17.1 If you participate in the ARTISGAIN Affiliate Program, you are subject to the terms and conditions of the Affiliate Contract, available on our Affiliate Contract page and presented to you during the Become an Affiliate process in our Members Area. The Affiliate Contract contains specific provisions governing your relationship with ARTISGAIN as an affiliate, including but not limited to commission structures, payment terms, and other obligations.
18. DISPUTE RESOLUTION
18.1 Any disputes arising from or related to this Agreement or the Website shall be resolved through arbitration in accordance with the rules of the Romanian Arbitration Association.
18.2 The arbitration shall be conducted in Romania, and the language of the arbitration shall be English.
18.3 The decision of the arbitrator shall be final and binding on the parties.
19. GOVERNING LAW
19.1 This Agreement shall be governed by and construed in accordance with the laws of Romania.
19.2 Any legal action arising from or related to this Agreement or the Website shall be brought exclusively in the courts of Romania.
20. CHANGES TO THE AGREEMENT
20.1 ARTISGAIN reserves the right to make changes to this Agreement at any time, with or without notice.
20.2 Your continued use of the Website following any changes to this Agreement constitutes your acceptance of such changes.
21. CONTACT INFORMATION
21.1 If you have any questions or concerns about this Agreement or the Website, please contact ARTISGAIN at the following email address: info@artisgain.com.
22. ACKNOWLEDGMENT
22.1 You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
22.2 You further acknowledge that this Agreement represents the complete and exclusive statement of the agreement between you and ARTISGAIN and that it supersedes any proposal or prior agreement, oral or written, and any other communication between you and ARTISGAIN relating to the subject matter of this Agreement.
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