WickSpeak Terms of Service

Contents

1. Who we are and what these terms cover

WickSpeak is provided by Berbe PTE Ltd, a company registered in Singapore ("we", "us", "our"). These terms cover the website at www.wickspeak.com, the WickSpeak charting platform that runs in your web browser, and every feature inside it, including indicators, pattern recognition, key levels, Mentor, the Playbook, alerts, paper trading and trading from a play (together, "WickSpeak" or "the service").

By creating an account, starting a free trial, opening the free live chart or otherwise using WickSpeak, you agree to these terms. If you do not agree, please do not use the service.

These terms work alongside our Privacy Policy, Risk Warning, Cancellation and Refund Policy and Cookie Policy. Where they say something more specific about their own topic, they apply to that topic.

2. Who can use WickSpeak

You must be at least 18 years old and able to enter into a binding contract where you live. WickSpeak is for your own personal use when analysing markets and managing your own trading.

You are responsible for making sure that using WickSpeak, and trading the markets you trade, is lawful where you live. Some products, such as contracts for difference (CFDs) and some crypto assets, are restricted or not allowed in some countries.

3. What WickSpeak is, and what it is not

WickSpeak is a charting and analysis tool. It draws charts, calculates indicators, names patterns, marks levels, explains in plain English what the chart is showing, lets you build and backtest strategies ("plays") without code, and can act on a play in the ways you choose.

WickSpeak is not a broker, an exchange, an investment adviser or a fund manager. We do not hold your money or your trading positions. We are not regulated to give investment advice, and nothing in WickSpeak is a recommendation to buy or sell anything. Readings, patterns, backtests and Mentor describe the chart and how a market behaved in the past. They do not tell you what will happen next.

Our Risk Warning explains the main risks of trading and of using WickSpeak. It forms part of these terms.

4. Your account

You need an account for a subscription or a free trial. You must give an email address you control and keep your sign in details private. You are responsible for what happens under your account, including any trade placed through it, unless it happened because of a failure on our side.

Your account is for one person. You may not share it, sell it or let other people use it. We may limit how many devices or sessions can use one account at the same time so that this rule can work.

Tell us straight away at [email protected] if you think someone else has got into your account.

5. The free live chart

Anyone can open a free 30 minute live chart without an account or a card. It is offered as it is, may change or be withdrawn at any time, and is subject to these terms and the Risk Warning like the rest of WickSpeak.

6. Plans, prices and the free trial

WickSpeak is sold as a subscription, either monthly or yearly. On the current offer the monthly plan is US$59 a month (usual price US$119) and the yearly plan is US$599 a year (usual price US$1,199). Prices are in US dollars. The price that applies to you is the one shown at checkout.

Every plan starts with a 7 day free trial. You add a payment card when you start the trial. If you do not cancel before the trial ends, your card is charged the plan price when it ends and your subscription begins. You can have one free trial per person; we may decline or end a trial where we reasonably believe it is a repeat trial or is being misused.

Depending on where you live, tax such as VAT or GST may be added to the price, or may be included in it. Your bank or card provider may also charge you a currency conversion fee if your card is not in US dollars. Those fees are set by them, not by us.

7. Payment and automatic renewal

Payments are handled by Stripe, our payment provider. By starting a trial you authorise us, through Stripe, to charge your card the plan price when the trial ends and at the start of every following monthly or yearly period until you cancel.

Your subscription renews automatically at the end of each period. We will show the renewal date in your account. Before a yearly plan renews we aim to remind you by email.

If a payment fails, we will ask you to update your card. Until a payment succeeds, we may pause access to the charts and paid features. When you add a working card, any amount due is charged straight away and access is restored.

If we change the price of a plan, the new price will not apply to you until your next renewal after we have told you about it, and you can cancel before it takes effect. An offer price you signed up on continues for as long as your subscription runs without a break, unless we tell you otherwise in advance.

8. Cancelling and refunds

You can cancel at any time from your account, without contacting us. Cancelling stops the next renewal. You keep full access until the end of the period you have already paid for, and you are not charged again.

We do not give refunds for part of a period, or for time you did not use. The 7 day free trial is the time to decide whether WickSpeak is right for you. This does not affect any rights you have under the consumer law of the place where you live, which cannot be removed by a contract.

If you cancel during the free trial, you are not charged at all. The full details are in our Cancellation and Refund Policy.

9. Connecting your broker

You can connect a cTrader trading account to WickSpeak. cTrader is a trading platform made by Spotware Systems Ltd, and your broker offers it to you. You connect by signing in with your cTrader ID on cTrader's own page and agreeing to the access requested. We never see your cTrader password.

Once connected, WickSpeak reads prices for the instruments your broker offers and reads account information such as your balance, open positions and orders. WickSpeak only places, changes or closes orders in the circumstances set out in section 10.

Your relationship with your broker is separate from your relationship with us. Your broker's terms, prices, spreads, fees, margin rules, trading hours and order handling apply to every trade. You are responsible for checking that your broker allows trading through a connected application and that your account suits the way you use WickSpeak. You can remove the connection at any time from WickSpeak or from your cTrader account.

WickSpeak is not affiliated with, endorsed by or sponsored by Spotware or any broker. Prices shown when a broker is connected come from your broker; other prices, including crypto prices, come from third party data sources and may differ from the price you can trade at.

10. Trading from a play

When a Playbook play fires, you choose what happens: an alert, a drawn trade plan, a paper trade or a live trade. Paper trades are simulated. No order is sent anywhere, no real money is involved, and simulated results can be very different from what a real trade would have achieved.

A live trade is placed on your connected broker account only on a play where you have switched live trading on, and only inside the guardrails you set for that play. You can switch live trading off for any play, or remove your broker connection, at any time. Switching it off stops new orders being placed; it does not close trades that are already open, which you must manage yourself on your broker account.

You are responsible for every play you build, every setting and guardrail you choose, every decision to switch live trading on, and every trade placed as a result. You should watch your account and check every trade. WickSpeak acts on the rules you wrote, which may behave differently in live markets from how they behaved in a backtest.

Orders can fail, be delayed, be partly filled, be filled at a worse price than expected, or be rejected by your broker. Connections between WickSpeak, cTrader and your broker can drop. Prices can gap. Any of this can cause losses bigger than you expected, including losses beyond a guardrail. We do not guarantee that an order will be placed, changed or closed at any particular time or price.

We may pause or turn off live trading for any account, play or instrument, without notice, where we reasonably believe it is needed to protect you, other users, the service or a third party, for example during a technical fault. We will tell you when we do this where we can.

11. No advice

Nothing in WickSpeak, on our website, in our emails, videos or support replies is financial, investment, tax or legal advice, or a personal recommendation. Plain English readings describe what an indicator or pattern is showing and how traders commonly use it. Backtests and Mentor's Tune results describe how a set of rules would have performed on past candles with the costs you entered. Past results do not show what will happen in future.

You should consider getting independent advice from a qualified and properly regulated adviser before you trade.

12. Fair use and things you must not do

You must not: copy, resell, rent or redistribute WickSpeak or the data and readings it produces as a service of your own; scrape, harvest or bulk download data from WickSpeak; reverse engineer or try to get at our source code, except where the law allows; get round any limit, security measure or payment check; use automated tools to put unreasonable load on the service; use WickSpeak for anything unlawful, including market manipulation; or pretend to be us.

You may share screenshots of your own charts for personal, non-commercial purposes, such as discussing a trade with friends or on social media.

13. Our content and your content

WickSpeak, including its software, design, indicators, the WickSpeak indicator versions, readings, text and the WickSpeak name, belongs to us or our licensors. Your subscription gives you a personal, non-exclusive, non-transferable right to use the service while your subscription or trial is active. It does not transfer any ownership to you.

Plays, drawings, settings and other things you create in WickSpeak belong to you. You allow us to store and process them so that we can run the service for you, and to use them in anonymous, combined form to keep the service working and improve it. We do not publish your plays or show them to other users.

14. Service changes and availability

We work to keep WickSpeak available and accurate, but we cannot promise that it will always be available, free of errors or uninterrupted, or that data from brokers or other sources will always be complete, accurate or on time. We may need to take the service offline for maintenance.

We may add, change or remove features. If we remove a feature that is a main part of what you pay for, we will tell you and you may cancel. If you have paid for a yearly plan and we stop providing WickSpeak altogether, we will refund the unused part of your current period.

15. Our liability to you

Nothing in these terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud.

Apart from that, and as far as the law allows: we are not liable for any trading or investment loss, including losses from a trade placed through a play where you switched live trading on, from a missed or late alert, from an order that failed or filled at a different price, or from relying on a reading, pattern, backtest or Mentor; we are not liable for loss of profit, loss of opportunity, or indirect or consequential loss; and our total liability to you for all claims connected with WickSpeak is limited to the amount you paid us for WickSpeak in the 12 months before the event that caused the claim.

We are not responsible for the acts, failures or terms of your broker, of Spotware, of Stripe, of data providers or of other third parties, or for events outside our reasonable control such as internet or exchange outages.

16. Suspending or ending your account

You can end this agreement at any time by cancelling your subscription and asking us to delete your account.

We may suspend or close your account if you seriously or repeatedly break these terms, if we must do so by law, or if your use puts the service, other users or third parties at risk. Where we close an account for a reason that is not your fault, we will refund the unused part of any period you have paid for.

When your account ends, your access stops and any live trading switched on through your plays stops placing new orders. Open positions on your broker account are not closed by us. We deal with your data as explained in our Privacy Policy.

17. Changes to these terms

We may update these terms, for example when we add a feature or the law changes. We will change the date at the top of this page. If a change materially affects you, we will tell account holders by email before it takes effect. If you do not accept a change, you can cancel before it takes effect; continuing to use WickSpeak after that means you accept the new terms.

18. Law, disputes and contact

These terms are governed by the laws of Singapore. The courts of Singapore have jurisdiction over any dispute about them. If you are a consumer living elsewhere, you keep the protection of any rules in your own country's law that cannot be excluded by agreement, and you may be able to bring a claim in your own courts.

If something goes wrong, please write to us first at [email protected] so we can try to put it right.

If any part of these terms is found to be unenforceable, the rest still applies. If we do not enforce a right straight away, we can still enforce it later. You may not transfer this agreement to anyone else; we may transfer it to a company that takes over WickSpeak, and your rights will not be reduced as a result.