Hustle Hard License Agreement

LICENSE AGREEMENT

This License Agreement (“Agreement”) is by and between Hustle Hard Group Ltd. (“Hustle Hard”) and the undersigned user of the Hustle Hard’s services (hereinafter referred to as “you” or “User”) and governs the use of the Hustle Hard services (collectively referred to as the “Service”) by User.

By paying the License Fee you are accepting the terms and conditions of this Agreement and forming a legally binding agreement with Hustle Hard.

BACKGROUND
  1. Hustle Hard has developed a proprietary Hustle Algorithm which is protected by copyright, trademark, patent, and other intellectual property rights as well as other laws and agreements.
  2. The User is interested in setting up Hustle Algorithm on its Broker Account and agrees to pay a Licence Fee and Profit Share to Hustle Hard.

In exchange for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the User and Hustle Hard agree as follows:

1        DEFINITIONS.

For purposes of this Agreement, the following terms are defined as set forth below (certain terms are also defined above and elsewhere within the Agreement):

A.         “Broker Account” means the broker account of the User which will be linked to the Hustle Algorithm under this Agreement.

B.         “Representative” means individually and “Representatives” means collectively, any and all of your officers, directors, employees and agents and any person(s) (including Permitted Persons) and/or entity(ies) which is/are authorized to act on your behalf, and the officers, directors, employees, and agents of such person(s) and/or entity(ies).

C.         “Hustle Algorithm” means all Hustle Algorithm programs, in object code form only, provided to or obtained by you, including, where applicable, the Hustle Hard programs and documentation that you are about to install or have installed and are about to use. Hustle Algorithm also includes all products that operate in conjunction with any other software provided to or obtained by you (e.g., server software or other complimentary products) and all patches, updates, and new versions thereof that Hustle Hard may, in its sole discretion, provide you pursuant to this Agreement.

2        GRANT OF LICENSE.

A.          Subject to the terms and conditions herein, you are granted a non-exclusive and non-transferable right to use the Hustle Algorithm for not more than one Broker Account.

B.          You must pay Hustle Hard an annual, non-refundable, License Fee of £380/£199 at the time of signing this Agreement and on or before each anniversary of this Agreement. If you fail to pay the License Fee on time or breach any other term of this Agreement, the License shall be terminated immediately, and Hustle Algorithm shall be removed from the Broker Account.

C.          Once the User pays the License Fee specified above, Hustle Hard will connect the Hustle Algorithm to the User’s given Broker Account within three business days.

D.         Hustle Hard never takes control of User’s funds and its entire responsibility under this Agreement shall be limited to connecting the Hustle Algorithm to the Broker Account.  

3        PROFIT SHARING AND WITHDRAWALS

A.         Hustle Hard shall be entitled to receive a profit commission payable as set forth in Section 3(B) below (the “Profit Commission”). The Profit Commission shall be thirty percent (30%) of the total profit User generates from the Broker Account to which the Hustle Algorithm is connected. Hustle Hard can see User’s profits, withdrawals and history of the Broker Account.

B.         The Profit Commission will be automatically charged from the User’s credit card on file with Hustle Hard. The Profit Commission will be charged within seven (7) days of withdrawal by the User from the Broker Account.

C.         The User must withdraw 100% of profits from the the Broker Account on a regular interval and time between two withdrawals shall not exceed six (6) months.

D.         The User must fund the Broker Account with a minimum of £7000 or $7000 at the time of signing this Agreement.

4        CREDIT CARD ON FILE

The User will provide Hustle Hard with information for a valid credit card to keep on file. The credit card information will be used by Hustle Hard to initiate payment for License Fee and Profit Commission. If Hustle Hard uses the credit card information for the reasons described above, Hustle Hard will provide the User a receipt of charges. In the event of reversal and/or denial of legitimate charges by the User, a fee of $100 or £100 plus attorney fees will be charged.

5        KYC EXERCISE

The User must submit a valid photo-ID issued by the government (“KYC Documents”) to Hustle Hard in order to verify their real identity. Hustle Hard will keep such KYC Documents in a secure password protected, access-controlled folder and will delete a User’s KYC Documents after 1 year of License Termination.

6        TERMINATION OF LICENSE.

A.         Either party may terminate the Agreement or any portion of the Agreement, including with respect to Hustle Algorithm, immediately for any reason, with or without cause by giving thirty (30) days’ notice. Termination of the Agreement will also be effective immediately upon Hustle Hard discontinuing the License that enables your use of the Hustle Algorithm or disconnecting your connectivity to the Hustle Algorithm.

B.         If User terminates this Agreement, they must settle all outstanding payments with Hustle Hard including but not limited to the License Fee, Profit Commission etc.

7        Disclaimers

A.         Trading or investing carries a high level of risk and may not be suitable for all persons.  Before deciding to trade or invest you should carefully consider your investment objectives, level of experience, and ability to tolerate risk. The possibility exists that you could sustain a loss of some or all of your initial investment and, therefore, you should not invest money that you cannot afford to lose. Hustle Hard takes no responsibility for such lost fund due to market volatility. You should be aware of all the risks associated with trading and investing and seek advice from an independent financial advisor if you have any doubts. Past performance is not necessarily indicative of future results.

B.         Neither Hustle Hard, nor any of its affiliates, directors, officers or employees, nor any third party vendor or service provider will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of Hustle Algorithm, or resulting from the act or omission of any other party involved in providing Hustle Algorithm, or Hustle Algorithm’s data, available to you, or from any other cause relating to your access to, inability to access, or use of the Hustle Algorithm, whether or not the circumstances giving rise to such cause may have been within the control of Hustle Hard.

C.         Attaching the Hustle Algorithm or any of our robot or indicator on your Broker Account means you have understood the risk associated with trading and will be liable for any loss of fund associated with market volatility and leverage. Hustle Hard or its representative(s) will not be responsible to any fraud activities carried out by anybody direct or indirect with any product, item, material, or information.

D.         All the information on Hustle Hard’s Telegram group is published in good faith and for General information purposes only. Hustle Hard does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on Hustle Hard’s Website, WhatsApp and Telegram group is strictly at your own risk. Hustle Hard will not be liable for any losses in connection with the use of Hustle Hard’s content.

8        Waiver of Liability

ALL THE INFORMATION, SOFTWARE, CONTENT, PRODUCTS AND SERVICES AVAILABLE FROM HUSTLE HARD ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND. HUSTLE HARD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. HUSTLE HARD DISCLAIMS ANY WARRANTY THAT THE HUSTLE ALGORITHM WILL ALWAYS BE ACCESSIBLE OR OPERATIONAL, THAT THE INFORMATION PROVIDED AT THE SITE IS ACCURATE, RELIABLE OR CORRECT, AND THAT ANY ERRORS WILL BE CORRECTED. YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WILL HUSTLE HARD BE LIABLE FOR ANY AND ALL DAMAGES UNDER ANY AND ALL THEORIES (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HUSTLE HARD CONTENT OR THIRD PARTY CONTENT, THE HUSTLE ALGORITHM, YOUR USE OR INABILITY TO USE THE HUSTLE ALGORITHM, OR ANY DECISION OR ACTION YOU MAKE IN CONNECTION WITH THE HUSTLE ALGORITHM.  YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY, IF ANY, THAT HUSTLE HARD MAY OWE TO YOU IN CONNECTION WITH THIS AGREEMENT, THE HUSTLE ALGORITHM, AND YOUR USE OF THE HUSTLE ALGORITHM AND ITS APPLICATIONS, SHALL NOT, UNDER ANY CIRCUMSTANCE OR THEORY OF LAW OR RECOVERY, EXCEED £10. YOUR ONLY OTHER REMEDY FOR DISSATISFACTION WITH THE HUSTLE ALGORITHM, RELATED SERVICES OR APPLICATIONS OR INFORMATION CONTAINED WITHIN THE HUSTLE ALGORITHM IS TO STOP USING THE HUSTLE ALGORITHM AND TO CANCEL THE LICENSE. 

9        Indemnification

User agrees to indemnify, defend and hold harmless Hustle Hard, its officers, directors, employees, agents, information providers and suppliers from and against all claims, causes of action, suits, losses, expenses, damages and costs, including reasonable attorney’s fees, arising out of, in connection with or relating to any violation by you of this Agreement, including claims of infringement of intellectual property or other third party rights, or otherwise, directly or indirectly resulting from or attributable in any way to any access to, use of or posting of material or content on the Hustle Hard website by you.

10    Access and Interference

User agrees to use the Hustle Algorithm and any content, material, or information associated therewith solely for lawful purposes. User shall not upload, distribute, or otherwise disseminate any material or information of any kind that is libellous, defamatory, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services related to the Service or Hustle Algorithm.

11    Notices

User may contact Hustle Hard by sending an email to the following email address: support@hustlehard.co.uk. Hustle Hard will contact User by sending an email to the email address provided by User, or by posting a notice on the Hustle Hard website

12    No Assignment

The rights and obligations associated with this Agreement and limited license belong only to the User and may not be assigned or sold to or used by another person or entity without the prior written consent of Hustle Hard. User acknowledges and agrees that User is strictly prohibited from allowing third parties to access the Hustle Algorithm or Services without the prior written consent of Hustle Hard. User acknowledges and agrees that User is solely responsible for any liability arising from any third-party access to or use of the Hustle Algorithm permitted or facilitated by User, whether negligently or otherwise.

13    Other Terms and General Provisions

A.         This Agreement between User and Hustle Hard supersedes and replaces any prior agreement between User and Hustle Hard.

B.         This Agreement shall be governed by and construed in accordance with the law of England and Wales. You agree that your use of Hustle Algorithm constitutes activity in England and Wales, and you agree that any action commenced against Hustle Hard shall be commenced and maintained solely in England and Wales. You also agree to submit and consent to the personal jurisdiction and venue of any such court in the event Hustle Hard commences an action against you.

C.         If any term or provision of this Agreement is found by a court of competent jurisdiction to be void, invalid, unenforceable, or otherwise contrary to law, the remainder of the Agreement that can be given effect without such term or provision shall be given full effect.

D.         Any failure by Hustle Hard to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right subsequently to enforce such provision or any other provision of the Agreement.

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