Terms of Use

These Terms of Use govern your relationship with the ody.space website (hereinafter “the Website”), any related websites (hereinafter “Subdomains”) and any other services (hereinafter “the Services”) operated by Ody Space LLC (hereinafter “us”, “we” or “our”). Please read these Terms of Use carefully before using the Website and the Services. Your access to and use of the Services is based on your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Services. By accessing or using the Services you agree to be bound by these Terms of Use and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Services.

  1. Purchases

    If you wish to purchase any product or service made available through the Services (hereinafter “the Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

    You represent and warrant that:
    - you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase;
    - the information you supply to us is true, correct and complete.

    By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

    We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

    We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

  2. Availability, errors and inaccuracies

    In order to provide exceptional service and accuracy, we regularly update the products and services on the Services.

    We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

    Despite our best efforts, the products or services available on our Services may have an error regarding the price, be inaccurately described, or be unavailable.

    We may experience delays in updating information on the Services and in our advertising on other websites.

  3. Promotions

    Any promotions (hereinafter “the Promotions”) made available through the Services may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotions conflict with these Terms of Use, the Promotions rules will apply.

    Promotions may be available for a limited time.

  4. Subscriptions

    Some parts of the Services are billed on a subscription basis (hereinafter “the Subscriptions”). You will be billed in advance on a recurring and periodic basis (hereinafter “Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

    At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it. You may cancel your Subscription renewal through your account settings page.

  5. Free trial

    Ody Space LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (hereinafter “Free Trial”).

    You may be required to enter your billing information in order to sign up for the Free Trial.

    If you do enter your billing information when signing up for the Free Trial, you will not be charged by Ody Space LLC until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

    At any time and without notice, Ody Space LLC reserves the right to:
    - modify the terms and conditions of the Free Trial offer;
    - cancel such Free Trial offer.

  6. Fee changes

    Ody Space LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

    Ody Space LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

    Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

  7. Refunds

    Certain refund requests for the Subscriptions may be considered by Ody Space LLC on a case-by-case basis and granted in sole discretion of Ody Space LLC.

  8. Accounts

    When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account on our Services.

    You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party Service.

    You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

  9. Intellectual property

    The Services and all contents, including but not limited to text, images, graphics or code are the property of Ody Space LLC and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Services only for your own non-commercial use, or to place an order with Ody Space LLC. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms of Use do not grant you a license to use any trademark of Ody Space LLC or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Services.

  10. Links to other web sites

    The Services may contain links to third-party web sites or services that are not owned or controlled by Ody Space LLC.

    Ody Space LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Ody Space LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

    We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

  11. Termination

    We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms of Use.

    All provisions of the Terms of Use shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

  12. Indemnification

    You agree to indemnify, defend and hold harmless Ody Space LLC, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.

    These include but are not limited to:
    - legal and accounting fees resulting from your use of the Services;
    - your breach of any of these Terms of Use;
    - anything you post on or upload to the Services;
    - any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Services using your account whether such access is obtained via fraudulent or illegal means.

  13. Limitation of liability

    Ody Space LLC, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from:
    - your access to or use of the Services;
    - your inability to access or use the Services;
    - any conduct or content of any third-party on or related to the Services;
    - any content obtained from or through the Services;
    - the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

  14. Disclaimer and non-waiver of rights

    Ody Space LLC makes no guarantees, representations or warranties of any kind as regards the Website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Services is at your sole risk. The Services is provided on an "AS IS" and "AS AVAILABLE" basis. The Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

    Ody Space LLC, its subsidiaries, affiliates, and its licensors do not warrant that:
    - the Services will function uninterrupted, secure or available at any particular time or location;
    - any errors or defects will be corrected;
    - the Services is free of viruses or other harmful components;
    - the results of using the Services will meet your requirements.

    If you breach any of these Terms of Use and Ody Space LLC chooses not to immediately act, or chooses not to act at all, Ody Space LLC will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms of Use. Ody Space LLC does not waive any of its rights. Ody Space LLC shall not be responsible for any purported breach of these Terms of Use caused by circumstances beyond its control. A person who is not a party to these Terms of Use shall have no rights of enforcement.

    You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Use.

  15. Disclaimer regarding investment decisions and trading

    Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of "Day Trading" involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through the Website, Subdomains or the Services.

  16. Disclaimer regarding hypothetical performance results

    Hypothetical performance results have many inherent limitations, some of which are mentioned below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program.

    One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

  17. Publications - no recommendation or advice status

    The information and publications posted on the Website, Subdomains, and the Services are not meant to be, and do not constitute, financial, investment, trading, or other types of advice or recommendations supplied or endorsed by Ody Space LLC.

    Any statement of view (which may be subject to change without notice) is the author's personal opinion, and the author makes no representations or warranties as to the accuracy or completeness of any information or analysis provided.

    The authors and Ody Space LLC are not liable for any losses incurred as a result of any investment made on the basis of any perceived recommendation, forecast, or other information presented on the Website, Subdomains or the Services.

    The contents of these publications should not be interpreted as an express or implicit promise, guarantee, or indication by Ody Space LLC that customers will profit or that losses in connection with them can or will be limited if they rely on the information provided.

  18. Governing law

    These Terms of Use shall be governed by, and interpreted and enforced in accordance with the laws of Latvia, as applicable.

    If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements, oral or otherwise, regarding the Services.

  19. Terms of Use updates

    We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

    By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website, Subdomains, and the Services.