Service Agreement

The website https://recourcesforedu.com/ (“Website”) and Mobile application “Simon Trading Lab” (“Mobile Application”), available in various app stores, are owned by Resources For Education Ltda (“Company”). The commercial name of the company is “Simon Trading Lab”. The Company is registered under registration Number: 853203078, with the registered company address at Edificio Mendiola, Piso 4, Oficina 4 San Jose, Costa Rica.

By accessing the Mobile Application, we assume you accept these terms and conditions. Do not continue to use the Company’s Mobile Application or any other services (“Services”) if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to this Service Agreement (the “Agreement”) and other applicable terms, including but not limited to Privacy Policy, Terms of Use, Disclaimer Notice: “Client”, “You” and “Your” refers to you. The “Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party” or “Parties”, refers to both the You and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

  1. Definitions Used in the Agreement

    1. The Acceptance means your any action certifying that you have fully accepted the conditions of the Agreement (as well as any and all other legal documents), including taking actions to fulfill the conditions in this Agreement.
    2. The User ID means an identification number of the User on the Mobile Application that is automatically assigned to the User by the Company and is attached to a specific device, on which the Mobile Application was downloaded.
      1. Upon downloading the Mobile Application on another device the User may receive a new User ID.
      2. The User may request to transfer own data on his new device by providing to the technical support moralesme@recourcesforedu.com his previous User ID and new User ID.
    3. The Agreement means this Service Agreement regulating the use of the Services by you, concluded between the Company and you on a non-exclusive and non-discriminatory basis as a result of the acceptance by you of a public offer, which grants to the Company and you the rights and imposes obligations specified in this Agreement.
    4. The Mobile Application means the mobile application designed to educate and/or otherwise teach users to understand the trading processes at various trading platforms.
    5. The Services consist of the access to and use of the Mobile Application and other services, specified by the Agreement and/or available via the Mobile Application. This refers to the capability of the Mobile Application to provide educational materials (e.g. lectures, videos, study materials, books, articles, etc.).
    6. User(s) means the individual natural or legal person(s) that have downloaded the Mobile Application and have agreed to this Agreement as well as to all other legal documents provided by Company. Users are also referred to as "you".

  2. Changes to the Agreement

    1. We reserve the right to modify or update this Agreement at any time.
    2. Any changes will be effective immediately upon posting to the Website and/or uploading it in the Mobile Application.
    3. Your continued use of the Services after any changes to this Agreement constitutes your Acceptance of the new version of the Agreement.

  3. General Statements

    1. For accessing some functionality of the Services, you shall accept the Terms and Conditions of the trading platforms (including any other additional documents/agreements that are necessary to be accepted), register an account with them via link provided in the Mobile Application (if applicable) in order for the trading platform to be able to identify You via your User ID.
      1. Any and all provided links to trading platforms in the Mobile Application are not mandatory and do not encourage or in any other way advise/recommend/convince/ask/request the User to follow the link and/or make any action on the trading platform.
      2. Any and all provided links to trading platforms in the Mobile Application are provided as an example for educational/study purposes only.
    2. We do not have access to your credentials regarding to your account at the trading platform. All registration and/or login options are managed by the trading platform. Please note that if you do not accept Terms and Conditions of the trading platforms (as well as their other documents), you will not be eligible to use some features of the Services. Breach of Terms and Conditions of the trading platforms constitutes a material breach of this Agreement.
    3. The Acceptance of the Agreement is constituted with manual acceptance by you of the Agreement and/or other documents before connecting the Mobile App with your account at the trading platform.
    4. The Company may at any time terminate the Agreement in whole or in part, as well as suspend the provision of the Services, which will not be considered an unlawful act on its part and cannot be a ground for any claims.

  4. Acceptance of Service Agreement

    1. By using the Company’s Mobile Application, you acknowledge that you have read, understood, and agree to be bound by this Agreement and all applicable laws and regulations.
    2. The Parties recognize that the Acceptance of the current Agreement shall be unconditional.
    3. The Acceptance of this Agreement in any case constitutes your consent to the terms of this Agreement, Privacy Policy, Terms of Use, Disclaimer Notice and other legal documentation that is provided via Website and/or Mobile Application.
    4. If you are using the Company’s Mobile Application on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.

  5. Obtaining a User ID

    1. To access our Services, please download our Mobile Application.
    2. To fully utilize all features and Services, you are required to accept any and all legal documents (including this Agreement) that are provided in the Mobile Application.
    3. By making an Acceptance and receiving a User ID, you agree to comply with and be bound by the Agreement, Privacy Policy, Terms and Conditions, Disclaimer Notice and all other our applicable policies, as well as all policies of trading platforms.
    4. You acknowledge that you have read, understood, and accepted all the terms outlined in this Agreement and agree to adhere to it while using the Mobile Application.
    5. Your User ID is for your use only, and you are prohibited from allowing third parties to access it. You are solely responsible for maintaining the confidentiality of your User ID and for any activity that occurs under your User ID. If your User ID is blocked or deleted for any reason, you are no longer permitted to use it and/or the Mobile Application.
      1. The Mobile Application shouldn’t be used by such user also through obtaining a new device and receiving a new User ID or using a different User ID.
      2. Upon changing own device by the User (e.g. buying a new phone) it is a sole responsibility of the User to contact moralesme@recourcesforedu.com and notify the Company.
    6. The Company reserves the right to discontinue certain (or all) functionalities of the User in the Mobile Application or other Services at any time. We may also decline to provide a User ID to any individual or impose additional requirements for obtaining/restoring User ID.

  6. Subscription Terms and Paid Functionality

    1. All information, functionalities in the Mobile Application are distributed on a free-of-charge basis.
    2. No payments, monies, funds will be collected from the User from the Website and/or Mobile Application.

  7. Use of the Mobile Application and the Services

    1. The Company provides the Services as a result of your explicitly expressed will.
    2. Any manipulations with your trading platform profile are made solely with your consent and with accordance to your relations with the trading platform.
    3. The Mobile Application, Services do not have access to depositions or withdrawals and are not designed to do so.
    4. The Apps may use a Native User Interface (NUI) in order to display to you some parts of the trading platform via browsers from the Mobile Application, such as Google Chrome, Safari or else. Please note that the NUI may lack some of the features of fully-developed browsers and your navigation experience via NUI may differ. NUI is a component or feature within the Mobile Application that allows users to access all or some links via browsers from the Mobile Application.
    5. If your User ID and/or account on the trading platform is suspended, deactivated, or access is denied or disallowed, some features of the Services will or may become inaccessible.
    6. The Company has the right to amend the Services at any time (e.g., introduce new types of Services, exclude certain types of Services, change the scope of Services and otherwise change the Services). You cannot change the scope of Services provided to you.
    7. As a condition of your use of the Mobile Application (or other Services), you agree not to provide us with any information, data or content that is incorrect, inaccurate, incomplete or in violation of any law or regulation, or is unacceptable by common standards.
    8. You agree that you will not, and will not allow any third party to:
      1. Access any non-public or secured areas of the Mobile Application or other Services.
      2. Send viruses, worms, junk mail, spam, chain letters, or unsolicited offers or advertisements of any kind, to anyone and for any purpose.
      3. Probe, scan, or test the Mobile Application, other Services, or any related systems or networks, or breach any security or authentication measures.
      4. Use automated systems to extract data from the Mobile Application or other Services ("scraping").
      5. Create or distribute copies of the Mobile Application, its content or other Services.
      6. Attempt to sell, distribute, copy, rent, lease, sublicense, loan, merge, reproduce, modify, reverse engineer, disassemble, decompile, transmit, exchange, translate, hack, or misuse the Mobile Application, its content or other Services, or create derivative works of any kind.
    9. The Company reserves the right to temporarily or permanently disable any functionality of the User by assigned User ID, Mobile Application or other Services if the User violates this clause, breaches other provisions of the Agreement, or causes damage to the Company or its partners, exchanges and providers.

  8. Rights and Duties of the Parties

    1. The obligations of the Company:
      1. the Company shall provide Services to you following the conditions of the current Agreement;
      2. the Company shall inform you about any changes to this Agreement, and Privacy Policy.
    2. The rights of the Company:
      1. the Company has the right on its discretion to modify, change or terminate the provision of Services anytime without prior notification;
      2. the Company has the right to restrict your access to the Services in case you are not eligible to use them;
      3. the Company has the right to terminate the Agreement in case you do not fulfill your obligations;
      4. the Company reserves the right to assign any rights or obligations contained in the Agreement at its sole discretion.
    3. Your obligations:
      1. you shall read carefully and accept the Agreement, Terms of use, Disclaimer Notice and Privacy Policy before engaging with the Company;
      2. inform the Company of breach or suspicion of breach of this Agreement or Privacy Policy of any kind you are aware of;
      3. comply with a dispute settlement procedure established herein;
      4. notify the Company about any claims that may arise during or in relation to the business engagement with the Company;
      5. comply with the laws and regulations of the territory from which you access or use the Services or that are otherwise applicable to you;
      6. under no circumstances you shall disclose, share, reproduce, copy, distribute, make public, and in any other way use any results of the Services that become available to you in the process or as a result of the provision of the Services;
      7. make regular checks on any updates to the information posted on the Website and/or Mobile Application, including changes to the Privacy Policy, changes to this Agreement and any other materials that are directly or indirectly related to the provision of the Services or affect them. You waive the right to refer to the lack of awareness of these changes, if such changes are posted on the Website and/or in the Mobile Application;
      8. not to reverse engineer the code of the Mobile Application, interfere with the Website and internal networks of the Company.
    4. Your rights:
      1. to receive the Services in the scope established by this Agreement;
      2. to terminate the Agreement as determined herein.

  9. Responsibility of the Parties

    1. You understand and agree that the Services are provided on “as is” and “as available” basis. The Company is not responsible under any circumstances for:
      1. the quality and reliability of the Services provided to you;
      2. your and/or third parties’ losses and/or lost profits and/or any other damages received.
    2. The Company assumes no responsibility for the unavailability of the Mobile Application (or the Services), any difficulty or inability to download or access content, or any other communication system failure that may cause the Services to be unavailable.
    3. The Mobile Application maybe available iOS and/or Android handheld mobile devices and other devices specifically designated as compatible by the Company. The Company uses all reasonable efforts to ensure continued access to and use of the Mobile Application. Due to the nature of the services offered, the Company can’t guarantee error-free and uninterrupted access to operation of the Mobile Application.
    4. The Company strives to deliver its Services to you with the highest quality. However, we cannot be held liable for the actions of third parties that may be involved in the use and access of our Mobile Application, Services or other services. The responsibility for using third parties lies entirely with the User.
    5. The Company is not responsible for the actions or the inaction and the decisions of governmental and other entities impacting the possibility of fulfillment of the current Agreement.

  10. Changes to and Termination of the Agreement

    1. The Agreement is active since the moment of publishing on the Website of the Company, and becomes binding since the moment it is accepted by you.
    2. The Agreement can be terminated after you request to delete Your User ID by contacting moralesme@recourcesforedu.com, discontinue any Service(s) provided to you, or if data regarding such User is in any way and under any grounds deleted, or if the User ID is terminated or suspended.
    3. The Agreement can be also terminated by the Party if the other Party fails to fulfill its obligations or at the request of any Party.
    4. In case the Agreement is terminated you will no longer be allowed to use the Services.
    5. In case of the violation of the provisions of the Agreement by You, the Company has the right to unilaterally terminate the Agreement and suspend access or cease using the Services.

  11. Warranties and Representation

    1. Excluding warranties mentioned in this Agreement, Privacy Policy, Disclaimer Notice, Terms of Use, the Company does not provide any other direct or indirect guarantees at this Agreement.
    2. By accepting this Agreement, you warrant and represent that you are a legally capable natural person of at least an age of 18 years (or older pursuant to legal requirements in your jurisdiction, self-employed person or an authorized representative of a legal person that is willing to enter into the Agreement with the Company in electronic form as a result of a manual acceptance, thereby, obtaining a right to use the Services, Mobile Application and a duty to fulfill your obligations under the Agreement.
      1. You represent that you are not a citizen of the United States of America, reside or domiciled in the United States of America or in any other way be subject to the jurisdiction of the United States of America or listed on any U.S. Government list of prohibited or restricted countries or parties.
    3. By acceptance of the conditions of the current Agreement you confirm and guarantee that:
      1. in case you receive incorrect data or materials, and still decide to use them you have full responsibility for any negative consequences, related to provision of such Services by the Company;
      2. You accept the Agreement voluntarily, and this proves that:
        1. you have read the Agreement
        2. you have understood the conditions specified of the Agreement;
        3. you have understood all the provisions of the Agreement and consequences of your actions or negligence regarding the conclusion and fulfillment of the Agreement;
        4. you have all the rights and permissions needed to conclude and execute the Agreement.
    4. The guarantees mentioned in the Agreement act for the unlimited period of time and shall survive the termination or expiration of this Agreement.

  12. Risks

    1. The use of our Services is suitable only for Users who understand that the purpose of the Mobile Application, Services is strictly educational.
    2. Any and all information that Users may receive from the Mobile Application, Services has educational purposes, meaning to teach and/or provide information regarding finances.
      1. Any and all information that Users may receive from the Mobile Application, Services is relevant/truthful on the moment of publishing such information.
      2. Such information is provided only for educational purposes of the Users.
      3. In case when/if such information is irrelevant/false then the User shall notify the Company through a complaint notice.
      4. Using any information (relevant, irrelevant, truthful, false) from the Mobile Application, Services is a sole risk of the User.
      5. The Company can’t be held liable for the information that it provides on the Mobile Application, as well as via provided Services if it is irrelevant and/or false. The User waives all his rights in regard to bringing the Company to any sort of liability in this matter.
    3. The Company does not encourage, force, recommend, advise, ask or in any other request Users to engage with the financial market or finances.
    4. Under this Agreement and/or any other legal document of the Company all Users are fully aware of the risks regarding to any engagement with the financial market or finances.
    5. You confirm that you are aware of any additional risks of trading that may not be explicitly outlined in this Agreement, in the Terms of Use, Privacy Policy, Disclaimer Notice, any other legal document, in the Mobile Application, including without limitation any and all content of the Mobile Application.
    6. You understand that it is your responsibility at all times to carefully evaluate all risks and determine whether your level of knowledge, financial situation, and risk tolerance are suitable for trading, including without limitation operating within a volatile market.
    7. Furthermore, you acknowledge the risks associated with using our Services, including the way of interpreting the information from the contents therein and using such information, the possibility of errors and interruptions, and accept full responsibility for these risks.
    8. The Company does not provide any investment, legal, financial, tax or any other advice. The Company does not take into account your personal circumstances, including your financial situation and/or investment objectives.
      1. If you require such advice or considerations, it is your responsibility to seek independent, professional advice before using our Services.

  13. Exclusion and Limitation of Liability

    1. The Company does not provide any implied warranties with regard to the Services and/or Mobile Application and does not warrant their merchantability or fitness for a particular purpose.
    2. The Company assumes no liability towards you for the performance of the Mobile Application, their ability to meet your expectations, requirements, be error-free, virus-free, or operate without interruption, or that information transmitted through the communication means shall be accurate or timely.
    3. The Company shall also assume no liability for other users of the Services or any employees of the Company to perform as expected.
    4. The Company shall in particular not be liable for any loss of any kind suffered or incurred by you, including, but not limited to:
      1. a result of your negligence;
      2. in case of use by a third party of your User ID either provided to a third party by you or obtained by the third party in an abusive or fraudulent manner;
      3. in case the Company imposes any limits, restrictions, or preconditions;
      4. in any other case by your fault, fault of any other parties and/or third parties, not depending on your expectations and/or your familiarity with this Agreement and/or any other legal document of the Company (e.g. Terms of Use, Disclaimer Notice, Privacy Policy).
    5. The Company and the User agree to the following limitation of liability regarding the use of the Services:
      1. the Company shall not be liable for any direct or indirect losses or expenses incurred by Users and/or any other parties, regardless of their nature.
      2. In the event that the Company is found liable for any reason, the liability shall be limited to the lesser of the following: either USD 1,000.00, or 100% of the total amount the User has paid for the use of the Services in the last six months, or the amount that Company’s insurance company is willing to cover. The lowest of these amounts will apply.

  14. Waiver

    1. The services provided by the Company are not related to providing trading, financial or investment advice, as well as they do not contain any advice to make any action or to withhold of making an action in regard to funds, money, currencies, stocks (stock market), cryptocurrencies (crypto exchange), virtual currencies and/or anything else similar to named.
    2. The Company does not encourage mentioned activities. The Сompany is not a registered trading, financial or investment advisor and is not providing any advice at all, except for providing general information (for educational purposes) and information regarding the usage of the Mobile Application.
    3. In no event shall the Сompany, its employees, officers, directors, affiliates, agents or licensors be liable to you or to any third party or to anyone else for any kind of financial loss, lost profits, damages, any special, incidental or consequential damage or any other similar damage or any other loss or injury, resulting directly or indirectly from use of the Services.

  15. Force-majeure

    1. You understand and agree that the provision of the Services depends on the availability and technical capabilities of the Company, the state of the Internet and is also regulated by legal requirements. In this regard, the Company may establish the conditions and restrictions for the use and provision of the Services, in connection with which there may be restrictions in the provision of the Services, as well as the impossibility of their provision.
    2. The Parties are relieved from a responsibility for not accomplishing or inadequate performance of their duties according to the current Agreement, caused by the irresistible power (force-majeure), which happened after the conclusion of the current Agreement. In order for such circumstances to have an unusual character the Company and you could neither foresee nor overcome such circumstances by reasonable actions. Such conditions include: floods, fire, earthquake and other natural disasters, war, armed conflicts or any military activity, acts or actions of the competent bodies, governmental bodies and any other similar conditions, which are not under control of the Parties.
    3. If the obstacles of the force-majeure last for more than 3 months, any Party may terminate the current Agreement immediately.

  16. Support and Help Center

    1. The Company offers a support available at moralesme@recourcesforedu.com where Users can inquire about the Services.
    2. The assistance provided by the Company is limited to guidance on the operation of the Services.
    3. The Company explicitly does not provide any personal (and/or public) financial advice for Users.
    4. The Company may upload variable guides, tutorials, educational videos, templates and/or any other educational material on the functioning of the Services to the Mobile Application.
    5. All guides, tutorials, videos, templates as well as any and all other content uploaded by the Company are of a general nature and in no way contain financial advice.
    6. Any use of these guides, tutorials, videos, templates as well as any and all other content is at the sole risk of the User.

  17. Governing Law and Dispute Settlement

    1. This Agreement is governed by the laws of Costa Rica without regard to its conflict-of-laws principles.
    2. All disputes arising from the Agreement or in connection with it shall be resolved by the Parties in the mandatory amicable negotiation procedure. The Party that received the claim must return an answer to it to the other Party within (30) thirty business days of the receipt.
    3. If the dispute or claim cannot be resolved in a negotiation procedure, the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), shall be brought to the courts exclusively in the accordance of the legislation of Costa Rica and you consent to the jurisdiction of such courts.

  18. Other Conditions

    1. The Company does not accept any provisions, obligations or duties regarding the subject of the Agreement, excluding the ones listed in the Agreement, which regulate the accomplishment of the Agreement, excluding the cases when such provisions, obligations or duties are stipulated in a written form and are signed by the Company and you. In case any other provision contradicts the provisions of this Agreement, the provisions of this Agreement shall prevail.
    2. If we do not enforce (parts of) these Agreement, it shall not be interpreted as an agreement to waive our right to enforce them at a later time or with respect to another User.
    3. The User may not transfer their rights and obligations under this Agreement to any third party.
    4. If any of the conditions of the Agreement is considered void, illegal or cannot be in force because of the relevant legislation, such conditions should be disregarded, while the other terms and conditions of the Agreement do not change and still remain enforceable.
    5. The Company is committed to providing you with optimal service. In case there are any questions, inquiries, complaints, suggestions, objections and other forms of feedback regarding the performance of Services, you may contact the Company at moralesme@recourcesforedu.com. Please provide us with the following information: your contact details and a clear description and reason for your complaint. Complaints are usually resolved within 30 calendar days.