Terms & Conditions
Terms & Conditions
These Terms and Conditions (“Terms”) apply to the Breakout app (hereby referred to as the “Application”) for mobile devices, created by Derek Fung (hereby referred to as the “Service Provider”), as a Freemium service.
By downloading or using the Application, you agree to these Terms. Please read them carefully. If you do not agree with these Terms, you must discontinue using the Application. Unauthorized copying, modification, or distribution of the Application, its content, or its associated trademarks is strictly prohibited.
Intellectual Property Rights
All content, trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider. Unauthorized reproduction, modification, reverse engineering, or distribution of any part of the Application, its source code, or derivative works is strictly prohibited.
Purpose of the Application
The Application provides users with AI-generated support and resistance levels, chart analyses, and insights into market trends (e.g., bullish or bearish sentiment). These features are intended solely for informational and educational purposes and do not constitute financial, investment, legal, or tax advice.
The Application does not guarantee the accuracy, reliability, or profitability of any information or insights provided. The Service Provider is not a licensed financial advisor, and any decisions made based on the Application are at your own risk. Users are advised to consult a certified financial advisor before making any financial or investment decisions.
User Responsibilities
By using the Application, you agree to:
1. Use it solely for informational purposes and at your own discretion.
2. Not rely on the Application as a substitute for professional financial advice.
3. Accept full responsibility for any actions taken based on the Application’s content.
4. Refrain from using the Application for unlawful, unethical, or fraudulent purposes (e.g., market manipulation).
The Service Provider is not responsible for any financial losses, damages, or consequences resulting from the use of the Application.
Disclaimer of Warranties and Limitation of Liability
The Application is provided on an “AS IS” and “AS AVAILABLE” basis. While the Service Provider endeavors to maintain the Application’s functionality and accuracy, no warranties, express or implied, are made regarding the performance, reliability, or availability of the Application or its features.
To the maximum extent permitted by law, the Service Provider disclaims all liability for:
1. Errors, inaccuracies, or omissions in the Application’s content.
2. Any direct, indirect, incidental, or consequential losses or damages resulting from the use of the Application.
3. Any reliance on the Application’s functionality or insights.
The Service Provider is not responsible for:
• Device-related issues, such as running out of battery or insufficient storage.
• Losses due to lack of internet access or exhaustion of mobile data allowances.
• Problems caused by jailbreaking or rooting your device, which may compromise its security or the Application’s functionality.
Connectivity and Mobile Data Usage
Some features of the Application require an active internet connection. The Service Provider cannot guarantee the Application’s functionality in the absence of Wi-Fi or if mobile data allowances are exceeded.
If you use the Application outside of a Wi-Fi area, you agree to bear any charges incurred by your mobile network provider, including roaming fees. If you are not the bill payer for the device, it is assumed that you have obtained their permission to use the Application.
Third-Party Services
The Application may utilize third-party services that have their own Terms and Conditions. By using the Application, you agree to the Terms of these third-party providers. Below are links to the third-party services used:
The Service Provider is not responsible for any issues or disputes arising from your use of third-party services.
Updates, Modifications, and Termination
The Service Provider is committed to ensuring that the Application remains as efficient and useful as possible. However, they reserve the right to:
1. Modify or update the Application’s features at any time, with or without prior notice.
2. Charge for additional services or features (with clear communication of fees beforehand).
3. Cease providing the Application without prior notice.
Upon termination of the Application:
• All rights and licenses granted to you under these Terms will be revoked.
• You must delete the Application from your device.
Data Collection and Privacy
The Application stores and processes personal data provided by users in accordance with its [Privacy Policy]. By using the Application, you consent to the collection, use, and storage of your data as outlined in the Privacy Policy.
The Service Provider is not responsible for unauthorized access to your data or any security breaches caused by circumstances beyond their control.
Financial Disclaimer
The Application is not a financial advisory tool and should not be treated as such. By using the Application, you acknowledge and agree that:
1. The Application does not provide personalized financial advice.
2. All analyses, suggestions, and insights are generated by AI and are meant for educational purposes only.
3. The Service Provider is not liable for any financial decisions or losses resulting from the Application’s content.
User Security
It is your responsibility to:
• Ensure your device and the Application remain secure.
• Avoid jailbreaking or rooting your device, which can compromise security and hinder the Application’s performance.
Amendments to the Terms
The Service Provider may periodically update these Terms. Users are encouraged to review this page regularly for any changes. Updates will be effective upon posting.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Service Provider operates.
Contact Information
If you have any questions or suggestions about these Terms, please contact the Service Provider at:
Email: officialbreakoutapp@gmail.com
Effective Date: January 28, 2025
This version retains all content from your example, integrates additional disclaimers specific to your app’s AI-driven functionality, and emphasizes user accountability and the educational purpose of the Application to minimize potential legal risks. Let me know if you’d like further adjustments!