1. INTRODUCTION
This Intellectual Property Notice (“Notice”) defines the ownership, licensing terms, usage rights, and restrictions applying to all software, tools, content, and materials provided by barmenteros FX (“we”, “us”, “our”).
This Notice applies to all Clients (“Client”, “you”, “your”) and forms part of the Terms and Conditions of Service.
2. DEFINITIONS
- Deliverables: Any final work product delivered by barmenteros FX, including source code, compiled files (EX4/EX5), indicators, scripts, EAs, utilities, dashboards, or documentation.
- Custom Development: Software developed exclusively following the Client’s specifications.
- Pre-Built Products: Off-the-shelf tools created by barmenteros FX and offered to the public.
- Materials: All strategy descriptions, documents, indicators, and files the Client provides.
- Intellectual Property (IP): Includes copyright, trade secrets, code, logic, templates, algorithms, designs, documentation, and proprietary methodologies.
3. OWNERSHIP OF CUSTOM DEVELOPMENT
3.1 Client Ownership After Full Payment
Upon full payment of the agreed fees, the Client receives ownership of the specific source code and Deliverables created exclusively for them.
This means the Client owns:
- The final implementation
- The logic coded according to their specifications
- The specific version delivered
- The rights to modify or use it privately as they see fit
3.2 barmenteros FX Retains Underlying Rights
Even when the Client owns the final Deliverables, barmenteros FX retains the following rights:
- General programming techniques and patterns
- Non-client-specific structures, utilities, and templates
- Know-how, internal libraries, and reusable components
- Any module or code not explicitly unique to the Client’s strategy
This protects your engineering methodologies and prevents any Client from claiming ownership over generic or reusable code elements.
3.3 Limited Exclusivity
Unless explicitly agreed in writing, barmenteros FX does not grant exclusivity over concepts, logic structures, reusable utilities, code patterns, or general trading techniques.
barmenteros FX will never copy or share a Client’s specific strategy or proprietary rules (protected under the NDA), but retains the right to reuse non-strategy-specific code.
4. OWNERSHIP OF PRE-BUILT PRODUCTS
For any Product that is not custom-made (such as off-the-shelf EAs, indicators, utilities):
- barmenteros FX retains 100% of all intellectual property rights, including copyright and derivative rights.
- The Client receives a non-exclusive, non-transferable, revocable license to install and use the Product for their personal or internal business purposes.
The Client does not acquire the source code unless explicitly included in the purchase.
5. COPYRIGHT & PROTECTED CONTENT
All content on the barmenteros FX website or communications—including:
- Text
- Graphics
- Logos
- Documentation
- Screenshots
- Marketing material
- Website layout
- Videos
- Code snippets
- Explanatory material
is protected under international copyright laws and Spanish/EU legislation.
Clients may not copy, reproduce, or publish such content without written permission.
6. LICENSE TERMS FOR PRE-BUILT PRODUCTS
Unless otherwise stated in writing, the license granted to the Client:
- Is not exclusive
- Is not transferable
- Cannot be resold or sublicensed
- Is limited to personal or internal business use
- Does not include source code
- Can be revoked upon misuse or breach
Any attempt to reverse-engineer, decompile, modify, or bypass protections in compiled files (EX4/EX5) constitutes a violation of this Notice.
7. PROHIBITED USES
The Client agrees NOT to:
- Resell, redistribute, or share Deliverables or Products
- Publish or expose source code publicly
- Reverse-engineer EX4/EX5 or protected files
- Claim authorship over barmenteros FX’s work
- Use our tools to develop derivative commercial products without written permission
- Disclose internal methodologies, techniques, or proprietary code patterns
- Copy website content or marketing materials
- Attempt to remove license protections or technical safeguards
8. THIRD-PARTY MATERIALS PROVIDED BY THE CLIENT
8.1 Client Responsibility
The Client warrants that all Materials provided to barmenteros FX:
- Are legally owned or licensed
- Do not violate copyrights or IP rights of third parties
- Do not contain malicious or corrupted files
8.2 No Liability for External Dependencies
barmenteros FX is not responsible for issues stemming from:
- Third-party indicators
- DLLs
- Repainting tools
- Proprietary scripts
- API changes
- External libraries
These elements remain the Client’s responsibility.
9. CONFIDENTIALITY OF TRADING STRATEGIES (NDA)
barmenteros FX agrees to:
- Protect the confidentiality of all strategy logic
- Never resell, disclose, or use Client strategy concepts
- Keep all trading logic, proprietary parameters, and specifications confidential
- Apply best practices to safeguard sensitive data
Exceptions apply only when required by law or when information is already public or independently known.
This NDA layer ensures Clients feel fully protected regarding their intellectual property.
10. PUBLICITY & TESTIMONIALS
- barmenteros FX may display anonymized project names or indicators of past work only if no strategy logic or confidential content is revealed.
- Clients may provide voluntary testimonials; these may be published after removing any identifying or sensitive data.
This aligns with industry best practices while respecting confidentiality obligations.
11. VIOLATIONS & CONSEQUENCES
If the Client violates this Notice, barmenteros FX may:
- Revoke licenses
- Terminate support and services
- Restrict future access
- Pursue legal action for damages
- Seek compensation for losses, including legal fees
Violations include:
- Unauthorized distribution
- Resale
- Reverse engineering
- Posting source code publicly
- Removing protections in compiled files
12. MODIFICATIONS TO THIS NOTICE
We may update this Notice at any time.
Changes take effect upon publication.
Continued use of our Services constitutes acceptance of the updated terms.
13. CONTACT INFORMATION
barmenteros FX
Avenida Principe Salman, 6, 5th
29603 Marbella (Malaga) — Spain
Email: [email protected]
NIF: 74640188J
