1. INTRODUCTION
These Terms and Conditions (“Terms”) govern all access to and use of the website, services, deliverables, products, and any related materials provided under the brand barmenteros FX (“barmenteros FX”, “we”, “us”, “our”).
By accessing our website or commissioning any service, you (“Client”, “you”, “your”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately stop using our website and refrain from engaging our services.
These Terms are structured as a B2B commercial agreement, regardless of whether the Client is an individual or an entity. The relationship created is not a consumer contract.
2. COMPANY INFORMATION
Services are rendered under the business name:
barmenteros FX
Avenida Principe Salman, 6, 5th
29603 Marbella (Málaga) — Spain
NIF: 74640188J
Email: [email protected]
barmenteros FX is a professional provider of software development and technical programming services. No statement herein shall be interpreted as implying investment advice, portfolio management, or regulated financial services.
3. DEFINITIONS
- Website: Any online resource operated under the barmenteros FX brand.
- Services: Custom software development, modification, debugging, optimization, consulting, integration, conversion, testing and related technical work for trading platforms including but not limited to MetaTrader 4/5, TradingView, NinjaTrader, TradeStation, and similar environments.
- Products: Pre-built EAs, indicators, tools, utilities, or downloadable files offered by barmenteros FX.
- Deliverables: Source code, executable files, documentation, or any material provided after completing the agreed Services.
- Materials: Any description, strategy, diagrams, algorithms, specifications, or resources supplied by the Client.
4. ELIGIBILITY & ACCESS
You confirm that:
- You are at least 18 years old.
- You are entering these Terms in a professional or commercial capacity.
- You have full authority to bind your represented business or project.
- Access to our Website and Services is lawful in your jurisdiction.
5. SCOPE OF SERVICES
barmenteros FX offers:
- Custom trading software development
- Creation/modification of EAs, scripts, indicators
- Strategy conversion (e.g., Pine Script → MQL4/5)
- Debugging, optimization, and performance enhancement
- API integrations and external system connections
- Testing support and technical guidance
We develop software strictly based on the Client’s provided specifications. The Client remains fully responsible for defining requirements, interpretation of trading logic, and accuracy of all supplied Materials.
We do not provide:
- Investment services
- Financial advice
- Portfolio management
- Signal provision
- Profitability guarantees
6. ORDERING SERVICES
6.1 Requirements & Submissions
To commission Services, the Client must provide clear specifications and all necessary Materials. Ambiguous, incomplete, or contradictory instructions may cause delays or additional charges.
The Client warrants that:
- They hold the rights to all Materials provided.
- No Materials contain malicious code (viruses, trojans, corrupted files).
- Materials comply with applicable laws and third-party rights.
6.2 Quotations & Statements of Work
Each project may include a quotation or Statement of Work (“SOW”), indicating:
- Service description
- Pricing
- Payment structure
- Delivery timelines
- Specific constraints or assumptions
By making payment, the Client expressly accepts the SOW.
6.3 Delivery
Delivery is completed when the Deliverables are sent electronically to the Client. Support, corrections, or additional requests follow the rules described in Sections 11–12.
7. PAYMENTS
7.1 Pricing Structure
Unless otherwise stated:
- Work begins only after partial or full upfront payment.
- Larger projects may be subject to milestone payments.
- All prices are in EUR unless specified otherwise.
7.2 Taxes
Client is responsible for any applicable local taxes, VAT obligations, or financial compliance requirements related to their jurisdiction.
7.3 Refunds
Due to the nature of software development:
- All payments are final and non-refundable, except where barmenteros FX unilaterally confirms that the requested specification is technically impossible and the Client refuses an alternative solution.
- Refunds are not granted for misunderstandings, strategy changes, altered requirements, or platform/broker inconsistencies.
8. USE OF PRODUCTS
Pre-built Products (EAs, indicators, utilities) are provided as is.
The purchase grants a non-exclusive, non-transferable license for personal or internal business use. Resale, redistribution, cracking, reverse engineering, or sharing with third parties is prohibited unless explicitly authorized in writing.
9. INTELLECTUAL PROPERTY
9.1 Custom Development
Upon full payment, the Client receives ownership of the source code of custom-developed Deliverables, unless otherwise agreed.
barmenteros FX retains:
- Non-exclusive rights to general programming patterns
- Know-how, methodologies, and reusable modules not specific to the Client’s strategy
- Rights to portions of code that are generic or non-proprietary
9.2 Restrictions
Client shall not:
- Claim authorship of barmenteros FX brand or Website content
- Reproduce or publish any website content without permission
- Use our name/logo to imply endorsement or partnership
9.3 Feedback and Suggestions
Any suggestions or feedback provided to barmenteros FX may be used freely and without obligation.
10. CONFIDENTIALITY (NDA)
Both parties agree to maintain strict confidentiality regarding:
- Strategies
- Proprietary algorithms
- Client-submitted specifications
- Sensitive information shared during development
barmenteros FX will not disclose or resell Client strategies.
Exceptions apply to:
- Information already public
- Independently developed work
- Information obtained lawfully from third parties
- Legal obligations requiring disclosure
11. WARRANTY
11.1 Limited Warranty
barmenteros FX provides a limited warranty covering:
- Correction of genuine software bugs
- Issues directly caused by our coding
- Only for the period explicitly agreed in the SOW (typically 30–90 days)
11.2 What is not covered
The warranty does not cover:
- Strategy changes after delivery
- Misinterpretation of incomplete or ambiguous specs
- Market changes, broker differences, or liquidity conditions
- MT4/MT5 platform updates by MetaQuotes
- Operating-system or hardware conflicts
- Incorrect tester settings or misuse
- Requests for new features or “improvements”
- Errors caused by third-party indicators, libraries, or DLLs
- Issues caused by the Client modifying the source code
Any of the above are treated as paid change requests, not warranty issues.
12. CLIENT RESPONSIBILITIES
Client must:
- Rigorously test Deliverables on demo before risking real capital
- Provide logs, screenshots, or detailed diagnostics when reporting bugs
- Use the software responsibly and understand the risks of algorithmic trading
- Confirm that all trading decisions are made independently and knowingly
Failure to provide adequate information may delay support or invalidate warranty claims.
13. DISCLAIMER OF INVESTMENT ADVICE
All software and content provided by barmenteros FX is strictly technical.
Nothing we produce constitutes:
- Investment advice
- Signal provision
- Portfolio management
- Trading recommendations
- Promises of profitability
- Representations of performance
You acknowledge that:
- Trading involves substantial risk.
- You may lose part or all of your trading capital.
- Past performance does not guarantee future results.
- Backtests and simulations have inherent limitations.
This clause mirrors industry-standard warnings and aligns with EU MiFID II requirements.
14. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
- barmenteros FX shall not be liable for any direct or indirect losses arising from the use of our Services or Products.
- We are not responsible for lost profits, trading losses, loss of data, opportunity loss, reputational damage, or any consequential or incidental damages.
- Liability for any claim shall not exceed the total fees paid for the specific project giving rise to the claim.
This applies regardless of:
- Negligence
- Errors
- System failures
- Platform bugs
- Market behaviour
- Communication issues
- Third-party outages
15. FORCE MAJEURE
barmenteros FX shall not be liable for delays, interruptions, or failures caused by events beyond reasonable control, including but not limited to:
natural disasters, regulatory actions, power outages, cyberattacks, wars, strikes, pandemics, and platform outages (MT4/MT5/TradingView/etc.).
16. THIRD-PARTY LINKS & TOOLS
Our Website may include links or references to third-party services. We do not endorse, control, or guarantee any third-party tools, websites, brokers, or information.
All third-party usage is at your own risk.
17. TERMINATION
Either party may terminate in cases of:
- Breach of essential obligations
- Misuse of software
- Abuse, threats, or fraud
- Non-payment or chargebacks
Termination does not entitle the Client to refunds.
18. AMENDMENTS TO TERMS
We may update these Terms at any time.
Changes take effect upon publication.
Continued use of our Website or Services constitutes acceptance of the updated Terms.
19. GOVERNING LAW & JURISDICTION
These Terms are governed exclusively by:
- Spanish law, and
- Applicable European Union regulations.
Any dispute shall be resolved exclusively by the Courts of Málaga (Spain), with express waiver of any other jurisdiction.
20. CONTACT INFORMATION
For any legal, support or administrative inquiries:
barmenteros FX
Avenida Principe Salman, 6, 5th
29603 Marbella (Malaga) — Spain
Email: [email protected]
NIF: 74640188J