Terms of Use
1. General
1.1. Welcome to Theta Nexaflow™ (the "Website").
Our contact email: [email protected]
1.2. This Website provides insights into third-party platforms (referred to as "Third-Party Platforms") that facilitate trading (the "Services").
1.3. These Terms of Use (the "Terms") govern Your ("You", "Your", or "User") interactions with the Website and its Services. Please read these Terms carefully before using the Services. These Terms form a legally binding agreement between You and the operator of the Website. If You do not agree with any part of the Terms, you should cease using the Website immediately. By continuing to use the Website, You confirm your acceptance of these Terms, which may be updated from time to time.
These Terms incorporate our Privacy Policy. By agreeing to these Terms, You also agree to our Privacy Policy (available by clicking here).
2. Eligibility
2.1. You may use the Website only if You meet the following conditions:
2.1.1. You are at least 18 years old;
2.1.2. You have the legal capacity and authority to enter into these Terms and to abide by all related conditions;
2.1.3. You are not prohibited from accessing the Website and/or the Services under the laws applicable in Malaysia or the location from which You access the Website.
2.2. Theta Nexaflow™ makes no representation as to the legality of the Website or Services in any specific jurisdiction, and You are solely responsible for ensuring that your access and use are compliant. We disclaim any liability for unauthorized or non-compliant use of the Website.
3. Restricted Territories
3.1. In addition to the above, Theta Nexaflow™ reserves the right, at its sole discretion, to restrict access to the Website and/or Services (or parts thereof) to: (i) Users located in specific areas (the "Restricted Territories"); and (ii) any individuals who may, in our opinion, pose legal, regulatory, reputational, or financial risks.
3.2. We may require additional conditions to be met for users accessing the Website from certain countries. Access may also be restricted for Users traveling to or accessing from Restricted Territories.
4. Prohibited Activities
4.1. You agree to use the Website and Services responsibly and refrain from:
4.1.1. Creating or posting links to the Website or using it to upload, download, or distribute: (a) materials infringing copyrights, trademarks, privacy or other rights; (b) illegal or offensive content; (c) files containing viruses or malware; (d) materials violating applicable law; or (e) any form of advertising without our explicit permission;
4.1.2. Altering or removing any legal notices or proprietary content from the Website;
4.1.3. Accessing Services through unauthorized interfaces;
4.1.4. Disrupting the experience of other Users on the Website;
4.1.5. Using bots, scrapers, or automation to interact with the Website or Services;
4.1.6. Uploading tracking technologies (e.g. web bugs, cookies) without our consent;
4.1.7. Framing, mirroring, or otherwise duplicating the Website’s look or functionality;
4.1.8. Violating applicable laws or encouraging others to engage in unlawful conduct;
4.1.9. Tampering with the Website’s source code or introducing harmful software;
4.1.10. Reverse engineering or disassembling any software used on the Website or for the Services.
4.2. If we reasonably believe your usage breaches these Terms or any law, we may monitor your activity, limit your access, report your behavior to third parties, and take other protective measures to uphold our and others’ rights.
5. Intellectual Property Rights
5.1. This Website, including all of its content such as videos, texts, images, logos, designs, sounds, graphics, trademarks, and other materials, is protected by intellectual property rights owned either by us or licensed from third parties.
5.2. We retain full rights, ownership, and interest in the Website and Services. Your use of the Website or Services does not grant you any intellectual property rights, except for the limited right to use the Website and Services as explicitly stated in these Terms.
5.3. You may use the Website and Services only for personal and non-commercial purposes.
5.4. You are strictly prohibited from modifying, decompiling, disassembling, reverse engineering, copying, redistributing, sublicensing, transmitting, downloading, displaying, reproducing, posting, leasing, selling, scraping, or creating derivative works from any content of the Website without our express written permission. This includes any usage that violates these Terms or unauthorized exploitation of any intellectual property on the Website.
6. Limitation of Liability
6.1. Your use of the Website and/or Services is entirely at your own risk. To the fullest extent allowed under Malaysian law, we disclaim all warranties—express or implied—related to the Website and Services, including implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, accuracy, timeliness, and reliability. All Services and content accessed through the Website are provided strictly on an “as is,” “as available,” and “with all faults” basis.
6.2. Without limiting the above, we do not accept liability for: (a) errors or inaccuracies in Website content; (b) any service interruptions or connectivity issues; or (c) viruses, malware, or other malicious code transmitted by third parties through the Website or Services.
6.3. You agree to indemnify and hold harmless Theta Nexaflow™ for any loss, damage, or expense—direct or indirect—incurred by you or any third party due to your use of the Website and/or Services. All decisions made based on the content of the Website are solely your responsibility.
6.4. We shall not be liable under any circumstances for any special, direct, indirect, incidental, punitive, or consequential damages, including loss of profits or data, arising from your use of the Website or Services, or any materials downloaded or accessed through them. This applies regardless of the legal basis of liability—whether contract, tort, warranty, or otherwise—and even if we were advised of the potential for such damages. In cases where liability is established, our total responsibility shall not exceed 100 USD. This limitation applies to the maximum extent permitted by Malaysian law.
6.5. We are not responsible for any technical issues, including but not limited to network failures, internet congestion, server malfunctions, software incompatibility, or any disruptions affecting your access to the Website or Services. This includes any internet usage problems outside our control.
7. Third Party Services or Content
7.1. While using the Services, you may come across third-party content or services, including advertisements or reviews of Third-Party Platforms.
7.2. We do not control or endorse any third-party content, and such content may not always be accurate, up-to-date, or complete.
7.3. You should verify any third-party information independently before relying on it. Any decisions or actions you take based on third-party materials are your sole responsibility.
8. Links
8.1. The Website may contain links, content, advertisements, promotions, logos, or other materials originating from third-party websites or software (the “Links”). We urge you to exercise caution before interacting with, relying on, or purchasing anything via these external sources. The Links are included solely for your convenience, and you acknowledge and agree that Theta Nexaflow™ shall not be held liable for any loss or damage incurred as a result of your use or reliance on any such content, goods, or services.
8.2. The inclusion of Links does not imply any endorsement, authorization, sponsorship, or affiliation between Theta Nexaflow™ and the third-party websites, software, or their operators.
8.3. We have not reviewed all of the content to which the Links may lead and assume no responsibility for materials found on such third-party websites or software. Use of any such content is entirely at your own risk. You agree not to hold Theta Nexaflow™ accountable for any damages resulting from your interaction with such external services.
8.4. It is solely your responsibility to review the terms of use and privacy policies of any third-party platforms. We strongly advise that you do so before disclosing any information or engaging in transactions with those entities.
9. Miscellaneous
9.1. We may, at any time and at our discretion, modify or discontinue any aspect of the Services and/or launch new Services. Theta Nexaflow™ shall not be liable for any losses resulting from such changes, and you hereby waive any related claims.
9.2. We reserve the right to amend these Terms periodically. When we do so, we will update the date at the top of this page and publish the updated version. All modifications become effective upon publication. Continued use of the Website following such updates indicates your acceptance of the revised Terms.
9.3. The exchange of information between you and the Website does not constitute any relationship beyond what is explicitly defined in these Terms.
9.4. These Terms, together with the Privacy Policy, represent the full and binding agreement between Theta Nexaflow™ and you, the User. Any prior discussions, representations, or agreements not explicitly included herein shall not be considered legally binding.
9.5. A delay or failure by us to enforce any right under these Terms does not constitute a waiver. Likewise, partial enforcement does not restrict our ability to fully enforce any rights in the future.
9.6. If any provision of these Terms is found unenforceable under Malaysian law by a court of competent jurisdiction, such provision shall be removed, but the remaining provisions will remain valid and enforceable. The Terms shall be interpreted in a manner that best reflects the original intent of the removed provision, within the bounds of the law.
9.7. We may assign or transfer our rights and obligations under these Terms to any third party without notice. You may not assign, transfer, or pledge any of your rights or obligations under these Terms without our prior written consent.