Terms of Service

Access and Restrictions

By accessing or using the Services, including by opening an account, you represent and warrant that:

1. 1.1 you are at least 18 years old;
2. 1.2 you are not the subject of economic sanctions administered or enforced by any governmental authority, and you are not named on any list of prohibited or restricted parties;
3. 1.3 you are not located in, ordinarily resident in, or organized under the laws of any country or territory that is the subject of comprehensive sanctions or embargo;
4. 1.4 you are not accessing the Services from a jurisdiction in which your use of them is prohibited or would require the Company to hold a registration, licence, or authorization it does not hold;
5. 1.5 you are acting on your own behalf and not for the benefit of any person described above; and
6. 1.6 your use of the Services complies with the laws that apply to you, and you are solely responsible for determining what those are.

We may restrict or refuse access to the Services, in whole or in part, to any person or from any jurisdiction, at our sole discretion and without notice. We may use technical measures to enforce these restrictions. Where you obtain our mobile application through an app store, your use of that application is also subject to that store’s terms.

Your Account and Verification

You need an account to use the Services. You agree to provide accurate information when you open one, to keep it current, and not to open an account on behalf of anyone else or allow anyone else to use yours. You are responsible for maintaining the confidentiality of your device and the credentials used to access your account.

Some features may require you to verify your identity. Verification is carried out by our verification partners, who collect the documents and details they need directly from you. We may decline to open an account, or restrict or close an existing one, where verification is not completed, where it fails, or where we are required to do so by law. You may close your account at any time from within the app.

Market Data and Track Records

The Services display prices, order book data, and other market information sourced from public markets that the Company does not operate or control, together with performance records derived from publicly available information about participants in those markets.

1. 3.1 Market data is provided for your personal, non-commercial use. You may not redistribute, resell, or make it available to any third party.
2. 3.2 Market data may be delayed, incomplete, or inaccurate, and may differ from data shown by other sources. We do not guarantee its accuracy, completeness, or timeliness.
3. 3.3 Performance records are compiled from public information. They are not endorsements, are not verified by the Company beyond that public source, and are not a guarantee of any future outcome.
4. 3.4 Your relationship with any third-party service you use in connection with the Services is governed by that third party’s terms. We make no representations or warranties to you in connection with your use of them.
5. 3.5 We will never ask you for a password, recovery material, or a one-time code by email or message. Any request that appears to come from us and asks for them is fraudulent.

No Warranties

The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any information shown through them is accurate or complete.

Network delays, system failures, and other circumstances outside our reasonable control may cause information shown through the Services to be delayed, missing, or incorrect. You assume all risks of relying on information shown through the Services.

Prohibited Activity

You may not use the Services to:

• infringe any intellectual property right, or copy, modify, reverse engineer, or create derivative works of the Services;
• redistribute, resell, or commercially exploit market data or other content obtained through the Services;
• commit fraud, evade sanctions, or conceal the proceeds of any unlawful activity;
• attack, overload, disrupt, or gain unauthorized access to the Services or any system or network connected to them, or transmit malicious code;
• use any robot, scraper, or automated means to access the Services, or access them through any interface other than the one we provide;
• impersonate any person, misrepresent your identity or eligibility, or open an account using false information; or
• violate any applicable law, rule, or regulation.

Changes to the App or These Terms

We may modify, suspend, or discontinue the Services, or any part of them, at any time and without advance notice. We may also change these Terms at any time. Changes take effect when we post them, and your continued use of the Services after that constitutes acceptance of them. You are advised to consult these Terms regularly.

Additional Rights

We may suspend or terminate your access to the Services at our sole discretion, without notice and without liability, including where we believe your use is unauthorized, deceptive, fraudulent, or unlawful, where it breaches these Terms, or where we are required to do so.

We may change or cancel any promotion or special offer at any time.

Data Collection

Our collection and use of information is described in our Privacy Policy.

No Professional Advice

All information provided through the Services is for informational purposes only and must not be treated as investment, financial, legal, tax, or any other professional advice. We are not your broker, adviser, or fiduciary, and we make no recommendation as to the suitability of any product or decision for you. You are solely responsible for every decision you make on the basis of information shown through the Services. Seek independent professional advice before making any financial decision.

Release of Claims

You expressly agree that you assume all risks in connection with your access to and use of the Services. You further expressly waive and release the Company from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Services, including losses arising from reliance on information shown through them, the acts or omissions of any third party, or unfavorable regulatory action in any jurisdiction.

Indemnity

You agree to hold harmless, release, defend, and indemnify the Company and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your access to and use of the Services, your violation of these Terms or of the rights of any third party or any applicable law, and any other party’s access to and use of the Services using any device or account that you own or control.

Limitation of Liability

Under no circumstances shall the Company or any of its officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data, arising out of or in any way connected with your access to or use of the Services.

Our total liability to you, whether the claim is based in contract, tort, negligence, strict liability, or any other basis, shall not exceed one hundred United States dollars (US$100). Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

Governing Law

These Terms and any dispute arising out of or in connection with them are governed by and construed in accordance with the laws of the Republic of Panama, without regard to its conflict of law provisions.

Mandatory Arbitration

Any dispute, claim, or controversy arising out of or in connection with these Terms or the Services, including any question as to their existence, validity, or termination (each a “Dispute”), that is not resolved informally within 30 days of one party notifying the other of it in writing, shall be finally settled by arbitration. The parties agree that:

1. 14.1 the parties will attempt informal resolution for at least 30 days before commencing arbitration or any court proceeding;
2. 14.2 the number of arbitrators shall be one;
3. 14.3 the seat of the arbitration shall be Panama City, Republic of Panama, unless the parties agree otherwise;
4. 14.4 the language of the arbitration shall be English;
5. 14.5 the arbitrator has the authority to grant any remedy that would otherwise be available in court, and the award shall be final and binding;
6. 14.6 the proceedings and the award shall be confidential, save where disclosure is required by law or to enforce the award; and
7. 14.7 each party shall bear its own legal costs, and the parties shall share the costs of the arbitration.

Class Action and Jury Trial Waiver

You agree that any Dispute will be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding, and that the arbitrator may not consolidate the claims of more than one person. You and the Company each waive any right to a trial by jury.

Contact

The Services are operated by SMOOTHBRAIN STUDIOS CORP., a corporation incorporated under the laws of the Republic of Panama, doing business as Turbo. Legal notices should be sent to legal@turbo.co or to the registered office below. For help with your account, see turbo.co/support or write to support@turbo.co.