Terms of Sale
1. Purpose
These Terms of Sale ("Terms") govern any subscription to the Wiseball service available at getwiseball.com (the "Service"), operated by Kiwik, a French micro-entreprise run by Fabien Evin, registered at 20 place de la République, 56000 Vannes, France (SIRET 489 193 979 00023), hereinafter the "Publisher".
Any subscription implies the customer's (the "Customer") unreserved acceptance of these Terms.
2. Description of the Service
Wiseball provides trading tools for the TradingView platform, including indicators and alert systems, for informed users. The Service provides these tools strictly for informational and educational purposes.
The Service does not constitute investment advice, a personalised recommendation, or a solicitation to buy or sell financial instruments. The Customer remains solely responsible for their investment decisions and the associated risks.
3. Subscription and pricing
Applicable prices are those displayed on the subscription page at the time of order, in euros, taxes included where applicable. A launch offer at preferential pricing may be offered to early subscribers under the conditions stated on the site.
Subscription is processed through the online form and secure payment operated by Stripe Payments Europe, Ltd. The Publisher has no access to the Customer's banking data.
4. Subscription term and renewal
The subscription runs for the duration chosen at sign-up (monthly, annual, or lifetime) and renews automatically for identical periods for monthly and annual plans, unless cancelled by either party before the renewal date.
The "Lifetime" plan grants the Customer access to the Service for the entire duration of the Service's existence. It is not subject to any renewal or recurring charges. Access ends upon the permanent discontinuation of the Service, without entitlement to any refund on that basis.
Customers on a monthly or annual plan may cancel at any time from their account area or by email to [email protected]. Cancellation takes effect at the end of the current period; no refund is issued for the period already paid.
5. Right of withdrawal
Under article L221-18 of the French Consumer Code, consumers benefit from a 14-day withdrawal right from the date of subscription, without justification.
However, under article L221-28 13°, the Customer expressly acknowledges and agrees that the Service begins upon confirmation of the subscription and waives the right of withdrawal for the supply of non-tangible digital content whose performance has begun with their prior express consent.
6. Availability
The Publisher uses reasonable efforts to keep the Service available 24/7. No service-level commitment (SLA) is however guaranteed, particularly during the launch phase. Interruptions for maintenance, updates or force majeure may occur without prior notice.
7. Liability
The Service is provided "as is". The Publisher cannot be held liable for any direct or indirect financial losses resulting from the use of the signals provided. Past performance does not guarantee future results. Trading involves substantial risk of capital loss.
The Publisher's total liability, regardless of the basis, is in any event limited to the amounts actually paid by the Customer for the subscription over the last twelve (12) months.
8. Personal data
The processing of personal data is detailed in our Privacy Policy.
9. Intellectual property
All elements of the Service (indicators, scripts, alerts, interface, source code, trademarks, and content) are protected by intellectual property law and remain the exclusive property of the Publisher. The source code of the tools remains strictly private and confidential.
A subscription grants the Customer a personal, non-exclusive, non-transferable right to use the tools made available, for the duration of their plan. This right of use does not entail any transfer of ownership of the tools or their underlying code.
Any reproduction, extraction, decompilation, redistribution or resale of the tools or their code, in any form, is strictly prohibited.
10. Changes to these Terms
The Publisher reserves the right to modify these Terms at any time. Changes will be notified to the Customer by email at least 30 days before entry into force. If the Customer does not accept the changes, they may cancel their subscription without penalty.
11. Governing law and jurisdiction
These Terms are governed by French law. Any dispute falls, failing amicable resolution, within the exclusive jurisdiction of the competent French courts, subject to mandatory consumer protection rules. Consumers may also use the European online dispute resolution platform: ec.europa.eu/consumers/odr.
12. Contact
For any question regarding these Terms: [email protected].