Terms of Use

Terms of Use

Last updated on Jan 5th, 2023

Introduction

Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese”,

Your Acceptance of this Agreement

These Terms of Use are entered into by and between You and Logcoholic LLC ("Company,” “we,” “our,” or “us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Use"), govern your access to and use of https://wwnw.logcoholic.com, including any content, functionality, and services offered on or through https://www.logcoholic.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website.

By using the Website [or by clicking to accept or agree to the Terms of Use when this option is made available to you], you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.logcoholic.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Website.

You must be at least 13 years old to use this Website, However, children of all ages may use the Website if enabled by a parent or legal guardian. If you are under 18, you represent that you have your parent or guardian's permission to use the Website, Please have them read these Terms of Use with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Website, you are subject to the terms of these Terms of Use and responsible for your child's activity on the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU:

ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE Terms of Use; YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND, YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.

Updates to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Continuing to use the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Your Responsibilities

You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete,

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY.

Prohibited Activities

You may use the Website and Logcoholic Trade journal software application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website and Logcoholic Trade journal software application:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries)
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail,” “chain letter,” "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persone or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, Logcoholic Trade journal software application or which as determined by us, may harm the Company or users of the website and Logcoholic Trade journal software application, or expose them to liability.

Additionally, you agree not to:

  • Use the Website and Logcoholic Trade journal software application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website and Logcoholic Trade journal software application, including their ability to engage in real-time activities through the Website and Logcoholic Trade journal software application.
  • Use any robot, spider, or other automatic device, process, or means to access the Website and Logcoholic Trade journal software application for any purpose, including monitoring or copying any of the material on the Website and Logcoholic Trade journal software application.
  • Use any manual process to monitor or copy any of the material on the Website and Logcoholic Trade journal software application, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website and Logcoholic Trade journal software application.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website and Logcoholic Trade journal software application, the server on which the Website and Logcoholic Trade journal software application is stored, or any server, computer, or database connected to the Website and Logcoholic Trade journal software application.
  • Attack the Website and Logcoholic Trade journal software application via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempting to interfere with the proper working of the Website and Logcoholic Trade journal software application.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution,
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our End User License Agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright. trademark, and other laws.

Our Rights

We have the right, without provision of notice to:

  • Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website; and
  • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND. ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.

Software

By downloading Logcoholic Trade Journal software, you acknowledge and agree to our End User License Agreement ("EULA"). The terms of the EULA will govern your use of the software.

Third-Party Links and Content

For your convenience, this Website and Logcoholic Trade journal software application may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website or Logcoholic Trade journal software application. If you choose to access any such sites or content, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

AI Terms

The Logcoholic Trade journal software application may use artificial intelligence and machine learning technologies. By using the application, you agree that we may collect and process data relating to your use of the application, including data about your trading activities, in accordance with our Privacy Policy. You acknowledge that such data may be used to improve the performance of the application and to develop and improve our artificial intelligence and machine learning technologies. You agree that we may use such data for any purpose related to the operation of the application and our business, including without limitation for research and development purposes. By using Assistant AI model, the user acknowledges and consents to having their conversations saved for this purpose. If the user does not want their conversations to be saved, they will not be able to use this feature.

The Assistant AI model is designed to answer questions related to Logcoholic Trade Journal software, as well as general crypto and stock trading concepts, strategies, and terminologies. The information provided by this AI model is for educational and entertainment purposes only and should not be considered financial advice. The responses given by the AI model are not intended as investment or trading recommendations, and should not be interpreted as a solicitation to buy, sell, or hold any securities, crypto, or coins. The user is solely responsible for any financial decisions they make based on the information provided by the AI model. By using this AI model, the user acknowledges and accepts the limitations of the information provided.

Attempting to expand the capabilities of The Assistant AI model or using it in a way that is not intended is strictly prohibited and may result in being banned from using this feature. Misuse or abuse of this feature is not permitted and may result in legal action. By using this AI model, the user acknowledges and accepts the intended use and limitations of this feature.

In-App Purchases

The Assistant AI model is powered by the ChatGPT API and requires tokens for usage. Each user receives 150,000 tokens at the beginning of every month. Users can monitor their remaining token balance on the Assistant AI dialog page in the app. Please note that the tokens cannot be transferred or refunded, and any unused tokens will expire after a certain period of time. It is the user's responsibility to manage their tokens and ensure that they have sufficient tokens for usage. If a user runs out of tokens, they can purchase additional tokens to continue using the Assistant AI feature.

The Logcoholic Trade Journal Software Application allows users to purchase tokens to use the AI model for assistance. If a user runs out of tokens, they may purchase additional tokens to continue using the AI feature. Please note that any in-app purchases made through Logcoholic Trade Journal Software Application are processed by third-party payment processors, and we do not store any payment information on our servers. All payment transactions are subject to the terms and conditions of the payment processor, which may include additional fees and charges.

By making an in-app purchase, you agree to pay all fees and charges associated with the purchase, and you authorize Logcoholic Trade Journal Software Application and its payment processor to charge your chosen payment method. All purchases are final and non-refundable, except as required by applicable law.

Logcoholic LLC reserves the right to modify or discontinue any in-app purchase or pricing at any time, without notice or liability to you. We also reserve the right to revoke

Online Orders

(a) All orders, purchases, or transactions for the sale of the software subscription plans made using this Website are subject to the following additional terms and conditions of sale:

1. You may not order or obtain the software application subscription license from this Website if you: (i) are prohibited from accessing or using this Website or any of its contents, (ii) you are outside the geographic region where the software application subscription is available for purchase.

2. You agree that your purchase is an offer to buy a subscription plan, under these Terms of Use, the subscription plan listed in your order. The purchase must be accepted by us or we will not be obligated to subscribe you to the plan. We may choose not to accept purchases at our sole discretion, even after we send you a confirmation email with your order number and details of the software application subscription plan that you have purchased.

3. All prices posted on this Website are subject to change without notice. The price charged for the subscription plan will be the price advertised on this Website at the time the purchase is made. The price charged will be clearly stated in the order details before you confirm your purchase. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b) Where an order indicates a subscription plan is being purchased:

1. All uses on this Website of the terms “sell”, “sale”, "resell", "resale", “purchase”, “price”, and the like mean the purchase or sale of a subscription plan

2. You will comply with all terms and conditions of the applicable subscription Terms of Use for digital products or information you obtain through this Website, and you will not cause, induce, or permit others' non-compliance with the terms and conditions of any of subscription Terms of Uses for the goods, digital products or information.

3. Except for the limited subscription rights granted under the relevant subscription Terms of Use, nothing in these Terms of Use grants any right, title, or interest in or to (including any subscription under) any intellectual property rights in or relating to, the good, digital product or information, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the good, digital product or information are and will remain with Company or its licensors, as applicable.

(c) Where a purchase indicates tokens are being purchased:

1. You understand that the tokens are to be used for accessing the Assistant AI model within the software application.

2. The tokens purchased cannot be transferred or refunded, and any unused tokens will expire after a certain period of time.

3. You agree that the balance of tokens will be deposited on the first day of each month.

Payment and Fees

All users are required to purchase or pay a fee for a subscription plan to access The Logcoholic Trade Journal software and its services. We accept Stripe for all purchases. However, Logcoholic LLC does not guarantee the availability of any payment method at any moment and we may add, remove or suspend any payment method temporarily or permanently at Company's sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website or via Logcoholic Trade Journal software, and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases and contact you as needed. We may change prices at any time. All payments shall be in USD.

You agree to pay all charges or fees at the prices then in effect for your subscription, and you authorize us to charge your chosen payment provider for any such amounts upon making your subscription purchase. If you authorize Stripe for future payments, Stripe will store an identification code linked to your account, which will authorize Stripe to automatically process future payments or recurring installments of past purchases. Stripe's authorization can be revoked at any time, either by contacting us or by canceling the subscription on your account page.

If your purchase is subject to recurring charges, the payment method on file with Stripe must be valid to pay for all incurred and recurring charges. Stripe will charge applicable charges to any valid payment method that you have provided and inform Logcoholic LLC with successfull payment and you will be invoiced automatically as outlined in the order. You authorize such payment of recurring charges without requiring your prior approval for each recurring charge, until you notify us of your cancellation, or the Logcoholic LLC terminates in writing in accordance with these Terms of Use, or until the recurring contract ends.

Monthly subscription plans will be billed every month without any commitment on the same day of the purchase. Yearly subscription plans will be charged the full price at the time of purchase, and recurring charges will be made every year. Two-year subscriptions will be charged the full amount at the time of purchase, and users will be notified via email before their subscription expires.

We reserve the right to correct any errors or mistakes in pricing, even if payment has already been requested or received. We also reserve the right to refuse any purchases made through the Website or through the Logcoholic Trade Journal software at our sole discretion, including, but not limited to, purchases that appear to be fraudulent or unauthorized.

From time to time, Logcoholic LLC may offer a limited free trial and/or promotional codes for a specified period, which may be subject to additional terms. We have sole discretion to determine your eligibility for trials and/or promotional codes. If you are required to provide payment information in connection with your trial, your first payment will be charged to your chosen payment method following the expiration of the trial, unless earlier terminated in accordance with these Terms of Use. You may not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.

Cancellation

You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current billing period.

You may not transfer, sell, purchase, barter, or trade your subscriptions and tokens or attempt or offer to do so. Any attempted transfer will be null and void. Except as required by applicable law, we are not responsible for any refunds or credits in connection with any modified, suspended or terminated subscriptions or tokens.

See also 'Refund Policy'.

Refund Policy

Logcoholic LLC offers a 15-day money-back guarantee on all of our software subscription plans. If for any reason you are not satisfied with your purchase, please contact us within 15 days of your initial purchase to request a refund. Refunds will be issued to the original payment method used for the purchase and will be processed within 7-10 business days of our receipt of your refund request. Please note that we reserve the right to refuse a refund if we determine that a refund request is not warranted.

Purchased tokens are non-refundable, have no monetary value (for example, they are not a cash account or equivalent), and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right to use the Assistan AI feature.

Disclaimers, Liability and Indemnification

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE LOGCOHOLIC LLC OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

How We Limit Our Liability to You

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE Terms of Use TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS, ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Use or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these Terms of Use or any use of any products, digital products and information purchased from this Website,

Dispute Resolution

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. (If multiple jurisdictions, under applicable laws).

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING QUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN 1 YEAR(S) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Privacy Policy

Your provision of personal information through the Website is governed by our privacy policy located at https://www.logcoholic.com/privacy (the "Privacy Policy").

Governing Law

The Website and these Terms of Use will be governed by and construed in accordance with the laws of the State of California and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under these Terms of Use will be instituted in the courts of the State of California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Use or the rights and obligations of the parties under these Terms of Use.

Severability

If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.

Entire Terms of Use

These Terms of Use constitute the entire and only Terms of Use between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Uses, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Use, save those expressly set out in these Terms of Use, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Use save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Use shall be effective unless itis in writing and signed by or on behalf of Company.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

Notice

We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide to us and consent to us using: or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these Terms of Use, you must contact us as follows: () by personal delivery, overnight courier or registered or certified mail to Logcoholic LLC. We may update the address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.