This website is operated by Giulio Lippini Nesti, an individual doing business as TheATR. Throughout the site, the terms "we", "us" and "our" refer to TheATR. TheATR offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing any tools, features, or products from the site, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You are responsible for both:
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all such registration information you provide to us is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse Service to anyone at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TheATR, its licensors, or other providers of such material and are protected by Italian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Services for your personal use, or in your professional capacity. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, without our express written permission.
You must not:
No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The TheATR name, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TheATR. You must not use such marks without the prior written permission from us. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
By using this site or any of the products, services, and information from this site that you have carefully read through & fully acknowledged the following disclaimers & disclosures below in this section.
Trading is risky & most day traders lose money. All content is to be considered hypothetical, selected after the fact, in order to demonstrate our Services and should not be construed as financial advice. Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Past performance does not guarantee future results.
The risk of loss in trading can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition.
Hypothetical or Simulated performance results have certain limitations, unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown.
Testimonials appearing on this website may not be representative of other clients or customers and is not a guarantee of future performance or success. Any trading results depicted in testimonials are not verified and we have no basis for believing that individual experiences depicted are typical considering that results will vary given many factors such as skill, risk management, experience, and the fact that trading itself is a very high-risk activity where it is easy to lose money.
As a provider of technical analysis tools for charting platforms, we do not have access to the personal trading accounts or brokerage statements of our customers. As a result, we have no reason to believe our customers perform better or worse than traders as a whole based on any content or tool we provide.
TheATR is not registered as an investment adviser with any European regulatory authority. TheATR does not offer or provide personalized investment advice. To the extent any of the content, material, information and/or any other kind of informational offering published, broadcast, or otherwise stated on this, and/or associated websites, may be deemed to be "investment advice", such information is impersonal and not tailored to the investment needs of any specific person.
The information contained within this, and/or, associated websites, is provided for informational and educational purposes only. The information should not be construed as investment or trading advice and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets mentioned. The content and information provided by TheATR, the Site and the Services of TheATR, is solely incidental to the business and activities of TheATR in providing educational tools for technical analysis.
We allow refunds within a 14-day period on your first initial payment if you are not satisfied or do not understand our Services, which means you have 14 days after you sign up to any TheATR subscription plan to receive a refund on your first initial payment, in accordance with European consumer protection laws.
To get a refund, you can contact us at support@theath.com and we will assist you as soon as possible on the same day. Refunds generally take 3-5 business days to arrive in your bank account.
We allow refunds specifically for yearly subscription auto-renewals within the first 72 hours of billing, however, we are not required to process a refund under any other circumstance after 14 days including the case you forgot about auto-renewal of your subscription.
We send reminders prior to annual billing cycles, and it is your sole responsibility to manage your subscription prior to renewals by logging in or emailing support@theath.com.
We do not accept refunds if paying with crypto due to potential transaction fees & other complications.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Certain Services may be available exclusively online through the website. We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Imitations of our Services are not allowed, you agree that we have the right at any time to remove your access and ban you from our server if suspected of imitating in any form.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet of our site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all Services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You agree to indemnify, defend and hold harmless TheATR and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
All information we collect about you is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Italy without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to these Terms of Service or the Services shall be instituted exclusively in the courts of Italy, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Questions about the Terms of Service should be sent to us at business@theath.com.
TheATR is committed to complying with all applicable European Union laws and regulations, including but not limited to:
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The original language of these Terms of Service is English. Any translations provided are for convenience only. In case of any discrepancies between the English version and any translation, the English version shall prevail.
By using our Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.
Last updated: 12/23/2024