Thỏa thuận người dùng và tuyên bố miễn trừ trách nhiệm

Version 5, effective 4 November 2026

Please read this agreement carefully before you use the client. The terms in bold exclude or limit our liability and limit your rights. Pay particular attention to them. If you have a question about these terms, you may ask it under "Help & feedback" in the client or on the "Messages" page of the website, and we will explain them. By choosing to accept in the installer, or by ticking the box and clicking "Accept and continue" in the Tick Data client (the "client"), you confirm that you have read, understood and agree to all of this agreement. If you do not agree, do not continue: exit and uninstall the client.

I. Definitions and the service

1. "We" means Tick Data and its operator. "You" means the individual or organization that installs or uses the client. "Prepared files" means the data files you download, export or import through the client.

2. What we provide is a data preparation service and a limited license to use the client on one computer. The fees you pay are for that service and that right to use the client. They are not a purchase of market data.

3. The source market data comes from third parties such as exchanges and data vendors. We do not transfer or grant you any right in that data.

II. License and restrictions

4. Provided that you comply with this agreement and have paid the applicable fee, we grant you a non-transferable, non-sublicensable and non-exclusive license to use the client on one computer and to use the prepared files for your own research and analysis (for an organization, within that organization only). If you breach section 5, we may suspend or disable this license under section 6. This license comes from us alone and does not represent the license or consent of any third party. One activation code is for one computer only. If you need to change computers, tell us under "Help & feedback" in the client or on the "Messages" page of the website and we will issue a new activation code free of charge. What the license covers and when it ends stay the same, the old code is deactivated at the same time, and the data must be downloaded again on the new computer. We may refuse where a code is clearly being shared among several computers. What a trial code covers is what the client shows. The downloads of a paid license in any 30 days are subject to the limit published on the website (currently 200 GB). "One-time" means only that this license is paid for once and has no end date. It does not mean that you own the data or hold any right in the source data, or that we will always provide this symbol; if we stop providing it, section 14 applies.

5. You may not: (1) sell, rent or publicly redistribute the prepared files, or provide them to others beyond what section 4 allows; (2) crack, decompile or reverse engineer the client, or bypass or tamper with its license or encryption; (3) interfere with or attack the servers or the service, or use scripts, simulated requests or other means outside the client's normal functions to fetch data in bulk or get around the download limits; (4) use the client or the prepared files for any illegal purpose, or upload illegal content or malicious files in messages or feedback; (5) obtain a license by fraud, such as a false payment registration or a malicious chargeback, or abuse trial codes.

6. If you breach section 5, we may suspend or disable your license; to prevent further loss, we may disable it first and tell you the reason afterwards. In a serious case, fees already paid will not be refunded. Any loss this causes us or third parties shall be borne by you in accordance with the law. If you believe we have judged wrongly, you may say so on the "Messages" page of the website and we will look into it.

III. Our status and rights in the data

7. We are an independent service provider. We have no affiliation or agency relationship with any exchange, broker, data vendor or trading software developer, or with any company of the same or a similar name, and none of them has endorsed us. MetaTrader 4, MetaTrader 5 (MT4, MT5) and the other third-party names and trademarks mentioned in the service belong to their respective owners and are mentioned only to explain the intended use.

8. We do not provide trading, brokerage or investment advisory services, or custody or exchange services for any asset. When you pay with cryptocurrency, you are only paying us a service fee.

9. We make no representation or warranty as to whether you may use the source data or the prepared files for any particular purpose, and nothing in this agreement, on the website or in the client means that we have obtained the license or consent of any data source. Some data sources publish terms that restrict commercial use and redistribution of their data, and these restrictions may affect your use of the prepared files. If your use requires a rights holder's permission (for example commercial use or public release), you must obtain that permission from the rights holder yourself; if you cannot obtain it, do not use the data in that way. You are responsible for how you use this data.

IV. Provided as is, without warranty

10. The client, the service and the prepared files are provided "as is" and "as available". Except for the service expressly described in this agreement, on the website and in the client, we make no warranty of any kind, express or implied, including without limitation as to the accuracy, completeness, continuity or timeliness of the data, its agreement with the official records of any trading venue, merchantability, fitness for a particular purpose or non-infringement.

11. Preparation depends on the network, on whether the upstream data can be obtained at the time, and on third-party services. Data may be missing, delayed, wrong or later revised. We make reasonable efforts to correct it, but we are not liable for the consequences. You should check the files yourself before you use them.

V. Investment advice, trading software and backtesting

12. The prepared files are for reference in research and technical analysis only. They are not investment, trading, legal or tax advice. You alone bear the risk and the consequences of any trading or investment decision you make with them. We are not liable for any trading loss, reduced return or lost opportunity.

13. The import feature writes files into the data folders of trading software such as MT4 and MT5 and may overwrite existing files. The undo that the client provides is limited in scope and capacity and is not guaranteed to restore them every time. Back up these folders yourself before you import. We do not guarantee that the client or the prepared files are compatible with any third-party program or any version of it, nor do we guarantee any figure that trading software displays (including modelling quality). Backtest results do not predict actual trading results.

VI. Changes to the data and the service

14. Because of the terms or requirements of a data source, a claim made by a third party, laws, regulations or regulatory requirements, or a data source ceasing to be available, we may suspend, change or stop providing any market, symbol or date range, and doing so is not a breach of contract. If a suspension of more than 7 consecutive days, or a change or discontinuation, makes content you have paid for impossible to download, we will refund, pro rata, the unused part of what you paid for the affected data; except as provided in section 20, this is your sole remedy for it. For a monthly license (including a single symbol bought by the month), the refund is calculated from the affected symbols' share of the symbols on sale under the license and from the days remaining on the license. For a single symbol bought with a one-time payment, it is the higher of these two results: (1) the share of the symbol's downloadable date range that you have not yet downloaded; (2) if fewer than 12 months have passed since purchase, the share of 12 months that the months remaining represent. Where only part of a date range is affected, the refund is prorated to the affected part. Refunds are requested under "Help & feedback" in the client or on the "Messages" page of the website. If you paid with cryptocurrency, the refund, less network fees, is returned to an address you name; if you paid in another way, the method of refund is confirmed in the messages. The client will not delete files already downloaded to your computer because of this, and sections 5 and 9 continue to apply to them. Single-symbol licenses bought before this version took effect are all one-time purchases and are not affected by this change to prices and plans.

15. We do not promise that the service will be uninterrupted, free of errors or available at any particular level. We may change or stop part or all of the service, including markets, symbols, date ranges, file formats and download limits, and may stop supporting older versions of the client; an older version may no longer be able to activate or download, and you will need to upgrade to continue. If these changes make content you have paid for impossible to download for more than 7 consecutive days, or mean it is no longer provided, the refund is calculated under section 14; except as provided in section 20, this is your sole remedy for it. Files downloaded to your computer are encrypted and must be opened and exported with the client. The client will not delete them because of these changes, and you may continue to open and export them under section 29. We do not guarantee that the client will always continue to run on your computer. If you need to keep data for the long term, export it in good time.

VII. Refunds and trial codes

16. The client and the data are delivered online, and activation codes are also issued online. By accepting this agreement you confirm that this is digital content delivered online and ask us to start providing it at once. Unless the law provides otherwise, or a refund arrangement is published on the website or in the client, returns and refunds without cause are not available once an activation code has been activated, and you give up any right of withdrawal under local law (except what the law does not allow you to give up). If an activation code has not yet been activated, you may ask for a refund. This section does not affect your other rights under the law.

17. Trial codes are provided free of charge and for trial use only. Their scope and duration are shown in the client and on the website. Except for liability the law requires us to bear, we are not liable for trial codes or for data downloaded with them.

VIII. Limitation of liability

18. Except as provided in section 20, we are not liable for any indirect, incidental, special or consequential loss (including lost profits, lost data, business interruption and loss of goodwill) arising from the use of, or inability to use, the client, the service or the prepared files.

19. Except as provided in section 20, our total liability under this agreement is limited to the fees you actually paid us for the service concerned: for a one-time purchase, the price of that purchase; for a monthly license, the fees paid in the twelve months before the event that gave rise to the liability.

20. No term of this agreement that excludes or limits our liability excludes or limits our liability for property loss caused to you by our intent or gross negligence, for personal injury caused to you, or for anything else the law does not allow to be excluded or limited.

IX. Third-party services and force majeure

21. The service relies on third-party services such as networks, cloud servers, object storage, payment channels, blockchain networks and nodes. In accordance with the law, we are not liable for any interruption of the service or loss caused by force majeure (including natural disasters and government action). We are not liable for any interruption of the service or loss caused by a network or power failure, by an outage, change, error or delay of a third-party service, or by hacking, computer viruses or other harm done by third parties, so long as we have taken reasonable measures. If these circumstances make content you have paid for impossible to download for more than 7 consecutive days, the refund is calculated under section 14.

22. When you pay with cryptocurrency, you must check the network, the coin, the receiving address and the amount yourself. We do not guarantee to recover, and are not liable for, assets lost because you sent a transfer to a wrong address, or on a network or in a coin we do not support. If a payment reaches one of our receiving addresses but does not complete the order automatically (including an amount that does not match the order, a shortfall caused by an exchange's withdrawal fee, another network or coin we support, or a payment that arrives after the order has lapsed), write to us under "Help & feedback" in the client or on the "Messages" page of the website with the order number. Once we have confirmed the payment we will register the order for you, or return the payment, less network fees, to an address you name.

X. Your responsibilities

23. You confirm that you have the civil capacity needed to enter into and perform this agreement and, if you use the client on behalf of an organization, that you have the authority to represent it. You must comply with the laws and regulations on data, finance and software use that apply where you are. Cryptocurrency payment is offered only to customers outside mainland China; if you are in mainland China, do not pay with cryptocurrency. Whether it is lawful where you are to use the client and this data, and to pay in the way you choose, is for you to judge and your responsibility; if it is not lawful, do not use them or pay. This service is not specifically aimed at consumers in the European Union, the European Economic Area or the United Kingdom; if you buy as a consumer in one of these regions, rights that local law says cannot be waived are not affected.

24. You are responsible for the security of your computer and your activation code. You bear the consequences if, because you did not keep it properly, your code leaks or someone else uses it.

25. If your breach of this agreement or of the law causes us a third-party claim, a loss or a cost (including reasonable legal fees), you shall compensate us for the reasonable loss that results; if we are also at fault, each party bears the part that corresponds to its own fault.

XI. Privacy

26. The client computes a hash of a machine identifier from hardware information. It is used so that one code works on one computer and a trial code is used once per computer, and to match your messages, payment registrations and error reports to that computer. When you activate, the client sends the activation code, that hash, the client version, the version of this agreement you accepted and whether the computer appears to be a virtual machine to the server. It also sends the hash with later license and download requests and whenever you write to us or register a payment, including before activation; when you later accept a new version of this agreement, it sends the new version number too. The client checks for a new version each time it starts and every 6 hours while it runs (it also checks before activation and before you accept this agreement), and each check sends the client version and the update channel in use. When "Send crash reports and attach logs when I report a problem" is on, it also uploads error details and an overview of the computer (system version, manufacturer and model, processor and number of logical processors, number of disks, and whether and why it appears to be a virtual machine), and when you write to us it attaches the last part of the run log by default (you can cancel this). When you attach images to a message, they are uploaded and stored with the message. To detect automated fetching and shared activation codes, we record the time, symbols, quantity and frequency of the downloads each activation code requests, and analyse the patterns in them for each computer (for example, downloads that start at the same time on many consecutive days). These records serve only as leads. The server may refuse download requests above a limit, but disabling a license is a decision made by a person. Our server and database run on Alibaba Cloud servers in Hong Kong, China: the information above, your messages, payment registrations, license and download records, and the IP address you use to reach the server are all stored and processed there. When you use the client in mainland China, this information is transferred from mainland China to Hong Kong, China. By ticking the box in the client that accepts this agreement, you consent to our transferring this information to Hong Kong, China, and storing and processing it there. If you do not consent, do not activate or use the client.

27. The client downloads data files directly from object storage, and your IP address and which files you downloaded are provided to the storage provider so that the files can be delivered to you. You can choose the route under "Settings → Advanced options → Download route". On "Automatic", the client usually connects to Cloudflare R2 first and moves to Alibaba Cloud Object Storage (OSS) when it cannot connect, the connection is too slow, or a long wait is expected while OSS is clearly faster; it uses OSS for any day whose file is not yet on Cloudflare R2, and it may also connect briefly to the other route to compare speeds. On "Mainland China", it uses Alibaba Cloud OSS first and moves to Cloudflare R2 only when that route keeps failing. On "Outside mainland China", it uses Cloudflare R2 first and uses Alibaba Cloud OSS only when that route keeps failing or a day's file is not yet on Cloudflare R2. Cloudflare R2 is outside mainland China. The storage space on Alibaba Cloud OSS is currently in Hong Kong, China, so choosing the "Mainland China" route does not mean that this information stays inside mainland China. A storage provider sees your IP address and which encrypted files you downloaded, but cannot read the contents of the files. By ticking the box in the client that accepts this agreement, you consent to this information being provided to the storage providers above, including outside mainland China. If you do not consent, do not activate or use the client. For details and how to exercise your rights, see the privacy policy on the website.

XII. Changes and termination

28. We may change this agreement and publish the change in the client or on the website; when there is a new version, a client updated to a build that includes it asks you to read and accept it again. If you accept after a change, you are deemed to accept the changed agreement. If you do not agree, you must stop using the client: the client will exit, and files you downloaded but have not yet exported can then no longer be opened or exported with the client. If a change reduces your rights or adds to your duties and you do not agree, you may ask for a refund of the unused part of what you have paid on the "Messages" page of the website, giving your activation code or payment details; it is calculated by the method in section 14. A change does not affect matters that arose before it.

29. You may stop using and uninstall the client at any time. If your license has been disabled under section 6, you must stop using the client, including to open or export files you have not yet exported. After your license expires, or after we stop providing the service under section 14 or section 15, you may still, within the limits of section 5, open and export the files you downloaded during the license, provided that the client on that computer is still activated and you have accepted the version of this agreement the client asks you to accept (if you decline, section 28 applies). After signing out, the client must be activated again before it can open or export files, and this may not be possible after we stop providing the service or after the code has been revoked. After your license expires, you may also use the client to renew or buy, and write to us under "Help & feedback". Sections 1 to 3, 5 to 27 and 29 to 31 continue to apply after you stop using the client, after your license expires or is disabled, after we stop providing the service, or after this agreement otherwise ends.

XIII. Governing law and disputes

30. This agreement is governed by the laws of the People's Republic of China (for this purpose excluding the laws of Hong Kong, Macao and Taiwan). This does not affect any right that the law of the place where you are gives consumers and that cannot be excluded by agreement. Any dispute arising from this agreement shall first be settled by negotiation; failing that, either party may bring an action before a people's court that has jurisdiction under the law.

31. If any term of this agreement is found invalid or unenforceable, the other terms remain in effect. Versions of this agreement in other languages are for reference only; where they differ from the Chinese version, the Chinese version prevails.

Đây chính là thỏa thuận mà chương trình hiển thị khi bạn cài đặt và khi mở lần đầu; bạn chỉ có thể sử dụng chương trình sau khi chấp nhận. Khi thỏa thuận thay đổi, chương trình sẽ yêu cầu bạn đọc và chấp nhận lại.

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