1. Agreement to terms
These Terms of Service ("Terms") form a binding agreement between you ("you", "Client", or "Partner") and Alba Rails Technologies, a sole proprietorship established in Italy (VAT no. IT02853210694), with registered office at Francavilla al Mare (CH), 66023, Italy ("Alba Rails Technologies", "we", "us"), operator of the AlbaRails platform and the website at albarails.com (together, the "Service"). By accessing the Service, creating an account, or entering into an order or subscription with us, you agree to these Terms. If you do not agree, do not use the Service.
2. The Service
AlbaRails provides white-label trading platform infrastructure that Partners may configure and offer to their own end users under the Partner's brand. AlbaRails is a technology provider. We are not a broker, a financial advisor, an investment firm, or a proprietary trading firm, and we do not provide investment, tax or legal advice, execute trades on your behalf, or hold client funds. Trade execution and market access are provided by third-party brokers selected and connected by the Partner.
3. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of your account information, for safeguarding your credentials, and for all activity under your account. Notify us promptly of any unauthorised use.
4. Partner responsibilities and compliance
As a Partner, you are solely responsible for the lawful operation of your branded platform, including obtaining any licences or authorisations required in your jurisdiction, your relationship and agreements with your end users and brokers, your own pricing, marketing claims, refunds, and consumer and data-protection obligations toward your end users. You agree not to present the Service in a way that is misleading or that implies guarantees of profit.
5. Acceptable use
You agree not to: (a) use the Service for any unlawful, fraudulent or abusive purpose; (b) attempt to gain unauthorised access to the Service, other tenants' data, or related systems; (c) probe, scan, or test the vulnerability of the Service without authorisation; (d) interfere with or disrupt the integrity or performance of the Service; (e) resell, sublicense or expose the underlying platform other than as expressly permitted; or (f) use the Service to facilitate market abuse, money laundering, or other illegal activity.
6. Fees and payment
Fees, billing frequency and any setup or usage charges are set out in your order or subscription. Unless stated otherwise, fees are exclusive of applicable taxes, are payable in advance, and are non-refundable except where required by law or expressly agreed. We may suspend the Service for overdue amounts after reasonable notice. We may revise pricing on renewal with prior notice.
7. Third-party services
The Service integrates with third-party providers (for example brokers, market-data and execution connectivity, payment processors, messaging and hosting providers). Your use of those services is subject to their own terms, and we are not responsible for their acts, omissions, availability or fees.
8. Intellectual property
We and our licensors retain all rights, title and interest in the Service, including its software, design and documentation. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You retain ownership of your brand assets and your content; you grant us the rights necessary to host and operate the Service on your behalf.
9. Disclaimers
The Service is provided "as is" and "as available". Trading involves substantial risk of loss and is not suitable for everyone. Nothing in the Service constitutes financial advice or a recommendation. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and we do not warrant that the Service will be uninterrupted or error-free.
10. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our aggregate liability arising out of or related to the Service will not exceed the amounts you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim. Nothing limits liability that cannot be limited under applicable law.
11. Indemnification
You agree to indemnify and hold us harmless from claims, damages and expenses arising out of your use of the Service, your branded offering, your end-user relationships, or your breach of these Terms or of applicable law.
12. Term and termination
These Terms apply for as long as you use the Service. Either party may terminate a subscription in accordance with its order terms. We may suspend or terminate access for material breach, non-payment, or activity that poses a security or legal risk. On termination, your right to use the Service ceases; provisions that by their nature should survive will survive.
13. Governing law
These Terms are governed by the laws of Italy, without regard to conflict-of-laws rules. The courts of the place where Alba Rails Technologies has its registered office will have exclusive jurisdiction, subject to any mandatory consumer-protection rights.
14. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified by reasonable means. Continued use of the Service after changes take effect constitutes acceptance.
15. Contact
Questions about these Terms: partners@albarails.com · Alba Rails Technologies, Francavilla al Mare (CH), 66023, Italy.