These Terms and Conditions ("Terms") govern your access to and use of the website, software products, and services provided by Nirvana Systems Inc. ("Nirvana Systems," "we," "us," or "our"). By accessing our website, purchasing our software, or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

1. Company Information

Nirvana Systems Inc. is a software company incorporated in the State of Texas, United States. Our principal place of business is located at:

Nirvana Systems specializes in the development and distribution of advanced trading software, market analysis tools, and educational resources for traders and investors. We have been serving the trading community since 1987, providing innovative solutions for technical analysis, system trading, and portfolio management.

2. Software and Services

Nirvana Systems offers a range of software products and services, including but not limited to:

• Trading Software: Desktop and web-based applications for technical analysis, charting, backtesting, and automated trading system development.
• Data Services: Real-time and historical market data feeds, including equities, futures, options, and other financial instruments.
• Educational Resources: Training materials, webinars, tutorials, documentation, and other educational content related to trading and investment strategies.
• Support Services: Technical support, customer assistance, and consulting services to help users maximize the value of our products.
• Subscription Services: Ongoing access to software updates, premium features, data feeds, and exclusive content through periodic subscription plans.

We reserve the right to modify, update, discontinue, or retire any of our products or services at any time, with or without notice. We will make reasonable efforts to notify existing subscribers of any material changes to services they have purchased.

3. Licensing and Usage

Subject to your compliance with these Terms and payment of applicable fees, Nirvana Systems grants you a limited, non-exclusive, non-transferable, revocable license to use our software products for your personal or internal business purposes.

You May:

• Install and use the software on the number of devices specified in your license agreement.
• Create backup copies of the software for archival purposes.
• Use the software for personal trading, research, and educational purposes.
• Access and use documentation and educational materials provided with your license.

You May Not:

• Copy, distribute, sublicense, lease, rent, or sell the software or any part thereof to third parties.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the software.
• Modify, adapt, translate, or create derivative works based on the software without our express written permission.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the software.
• Use the software to develop competing products or services.
• Share your account credentials or allow unauthorized third parties to access the software through your account.
• Use the software in any manner that violates applicable laws, regulations, or these Terms.

4. Payment and Refund Policy

Payment Terms

• All prices are listed in United States Dollars (USD) unless otherwise stated.
• Payment is due at the time of purchase for one-time licenses and at the beginning of each billing cycle for subscription services.
• We accept major credit cards, debit cards, and other payment methods as indicated on our website.
• You are responsible for all taxes, duties, and fees associated with your purchase, except for taxes on our net income.
• Subscription services will automatically renew at the end of each billing period unless you cancel before the renewal date.

Refund Policy

• Software purchases may be eligible for a refund within 30 days of purchase if you are not satisfied with the product, subject to our refund conditions.
• Refund requests must be submitted in writing to support@nirvanasystems.com with your order details and reason for the refund.
• Subscription fees are non-refundable for partial billing periods. If you cancel a subscription, you will continue to have access until the end of the current billing period.
• Custom development work, consulting services, and personalized training sessions are non-refundable once delivered.
• Refunds will be processed to the original payment method within 10 business days of approval.

5. User Responsibilities

As a user of our products and services, you agree to:

• Provide accurate, current, and complete information when creating an account or making a purchase.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Notify us immediately of any unauthorized access to or use of your account.
• Use our products and services in compliance with all applicable local, state, national, and international laws and regulations.
• Not use our products or services for any unlawful, fraudulent, or harmful purpose.
• Not interfere with or disrupt the operation of our website, servers, networks, or other infrastructure.
• Not attempt to gain unauthorized access to any part of our systems, other user accounts, or computer systems connected to our services.
• Accept full responsibility for all trading and investment decisions made using our software and tools.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the practices described in our Privacy Policy.

We implement reasonable technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security of your data.

You retain ownership of any personal data you provide to us. We will only use your data as described in our Privacy Policy and in accordance with applicable data protection laws.

7. Intellectual Property

All intellectual property rights in our website, software, content, logos, trademarks, trade names, and other materials are owned by or licensed to Nirvana Systems Inc. These rights include, but are not limited to, copyrights, patents, patent applications, trademarks, trade secrets, and other proprietary rights under the laws of the United States and other jurisdictions.

You acknowledge that our software, including its source code, object code, algorithms, user interface designs, and documentation, constitutes valuable trade secrets and proprietary information of Nirvana Systems. You agree not to disclose, share, or otherwise make available any proprietary information to third parties without our express written consent.

Any feedback, suggestions, ideas, or other information you provide to us regarding our products or services may be used by us without restriction or compensation to you. By submitting such feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate your feedback into our products and services.

8. SMS Communication

By providing your mobile phone number and opting in to receive SMS messages from Nirvana Systems, you agree to the following:

• You consent to receive text messages from Nirvana Systems related to your account, order confirmations, service notifications, product updates, and promotional offers.
• Message frequency may vary depending on your account activity and preferences.
• Message and data rates may apply. You are responsible for any charges from your mobile carrier.
• You may opt out of receiving SMS messages at any time by replying STOP to any message. After opting out, you will receive a confirmation message and no further SMS communications from us unless you re-subscribe.
• For help or questions about SMS communications, reply HELP to any message or contact us at support@nirvanasystems.com.
• We will not share your mobile phone number with third parties for their marketing purposes without your explicit consent.
• SMS communications are not encrypted and may not be secure. Do not send sensitive personal information via SMS.

9. Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@nirvanasystems.com and attempt to resolve the dispute informally. We will make good-faith efforts to resolve any disputes within 30 days of receiving your written notice.

Arbitration

If a dispute cannot be resolved informally, you and Nirvana Systems agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our products and services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

• The arbitration shall be conducted in Williamson County, Texas, unless both parties agree to an alternative location.
• The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
• Each party shall bear its own costs and attorney's fees, unless the arbitrator determines otherwise.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Nirvana Systems.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

10. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• NIRVANA SYSTEMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR PRODUCTS AND SERVICES.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR PRODUCTS AND SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO NIRVANA SYSTEMS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• WE ARE NOT LIABLE FOR ANY TRADING LOSSES, INVESTMENT LOSSES, OR FINANCIAL DAMAGES RESULTING FROM YOUR USE OF OUR SOFTWARE, TOOLS, OR SERVICES. ALL TRADING AND INVESTMENT DECISIONS ARE MADE AT YOUR OWN RISK.
• WE DO NOT WARRANT THAT OUR SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

11. Termination

We may suspend or terminate your access to our products and services at any time, with or without cause, and with or without notice, including but not limited to the following circumstances:

• Violation of these Terms or any other policies or agreements referenced herein.
• Non-payment of fees or charges owed to Nirvana Systems.
• Fraudulent, abusive, or illegal activity associated with your account.
• Requests by law enforcement or government agencies.
• Discontinuation or material modification of our products or services.
• Technical or security issues that require termination.

Upon termination:

• Your license to use our software and services will immediately cease.
• You must promptly uninstall and destroy all copies of our software in your possession.
• Any outstanding fees or charges will become immediately due and payable.
• Sections of these Terms that by their nature should survive termination will continue in effect, including but not limited to intellectual property rights, limitations of liability, indemnification, and dispute resolution provisions.

You may terminate your account at any time by contacting us at support@nirvanasystems.com. Termination of your account does not relieve you of any obligation to pay fees incurred prior to termination.

12. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, Disclaimer, and any other legal notices or agreements published by us on our website, constitute the entire agreement between you and Nirvana Systems regarding your use of our products and services. These Terms supersede all prior agreements, representations, and understandings, whether oral or written.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Nirvana Systems.

Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Nirvana Systems may assign its rights and obligations under these Terms without restriction or your consent.

Force Majeure

Nirvana Systems shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, Internet disruptions, or labor disputes.

Contact Information

If you have any questions or concerns about these Terms, please contact us at: