Terms & Conditions
This END USER LICENSE AGREEMENT (the “Agreement”) is made and entered into by Damascus LLC, d.b.a. Ridge Capital Solutions (“Ridge”) and by customer or end user of the Ridge software products (“you” or “Licensee”). Your acceptance of the following terms will be evidenced by your purchase and use of the Ridge software products (the “Product”).
- License Grant. This Agreement applies to any and all version(s) of the Product as well as any updates, modifications, and replacements thereof. Ridge grants Licensee a limited, non-transferable license to use the software Product in object code form only solely for Licensee’s personal purposes in accordance with the terms of this Agreement and not for any commercial or other purposes.
- Limitations. Licensee will not: (i) rent, lease, loan, sublicense, sell, copy, or distribute the Products in whole or in part to any third party; (ii) use the Products for any commercial purpose other than personal use; (iii) remove, alter, obfuscate, and/or otherwise deface any trademarks or notices on the Products; or (iv) modify, decompile, disassemble, decrypt, reverse engineer or emulate the functionality of and/or create derivative works of the Products. Further, copytrading is prohibited without express written permission from Ridge, which may be granted or withheld at Ridge’s sole discretion. Any deviation by Licensee will result in termination of Licensee’s license for the Products and no refund will be owed or issued.
- Ownership. Ridge reserves all rights not expressly granted to Licensee in this Agreement and retains all right, title and interest in and to the Products under all applicable federal, state and local laws of the United States or any other jurisdiction. The Products, including, without limitation, the object code and source code, whether or not provided to Licensee, are strictly confidential to Ridge. Ridge retains all right and title to the Product and any updates, enhancements, or modifications thereto.
- Settings. It is your responsibility to input settings for your Ridge System based on your account size and risk/reward desires. Ridge agrees to provide training and education around risk settings including how to adjust same. You may adjust the settings of your Ridge System yourself at any time. Instructions to do so will be included with your system and will be reviewed in our regular technical support and setup guidance sessions. The Ridge user manual may be updated from time to time. It is your responsibility to ensure you are consistently reviewing the latest manual updates.
- Payment. Payment shall serve as your acknowledgement and agreement to the terms contained herein. Upon payment, you will be provided with a link to schedule an onboarding call to activate your system. Payment must be made in full prior to receipt and activation of your software system.
- Tax Compliance. Licensee acknowledges and agrees that it is solely responsible for complying with all applicable tax laws, regulations, and obligations arising from the use of the Products, including but not limited to any taxes relating to activities generated through the Products. Ridge shall not be responsible for any tax liabilities incurred by Licensee. Failure to comply with tax obligations may result in penalties or legal consequences for which Licensee shall be solely liable.
- Account. Your system will be unlocked to trade on the maximum account size you selected upon purchase (for example, a $1 million license allows an account of up to $1 million USD to be traded and will be voided if the account surpasses $1 million USD). If your brokerage account exceeds this value, you must either make a withdrawal to reduce your account size below your licensed threshold or upgrade to the next tier. Should you fail to upgrade, your system may be disabled. This may leave positions open in your brokerage account. It is your sole responsibility to ensure your account remains within its licensed threshold. If you would like to upgrade, you may do so by emailing info@ridgecapitalsolutions.com (please allow up to 24 hours for a response to any emails submitted). Your upgrade fee will be the difference between your current purchase and the purchase price of the account size you wish to upgrade to, at current prices. Note that credits from purchases of non-Ai systems towards an upgrade to R-10, R-50 or R-400 Ai products are at the sole discretion of Ridge and may or may not be allowed.
- Monthly Maintenance Fees. You will be responsible for paying maintenance fees on a monthly basis to maintain your account as designated by Ridge. All fees are: (i) stated and payable in United States dollars; (ii) non-refundable. Failure to pay the monthly service fee will result in forfeiture of your license and your product will no longer function. This may leave open trades unmanaged, and Licensee assumes sole responsibility for any losses which may occur due to non-payment. No licensing fee refunds will be granted on account of any interruption in operation of your system due to non-payment of the monthly maintenance fee. Your first invoice will be received one month after your license is activated, and invoicing will repeat monthly, unless free months have been granted as part of the initial sale of the Product. If your service fee is not paid within 14 calendar days of your invoice date, your software license will be revoked and a re-licensing fee of $500 will be charged, in addition to payment of any and all past-due monthly maintenance fees, to reactivate your product. Disabling of your license may leave open positions unmanaged and may lead to substantial loss of all or part of your brokerage balance. It is your responsibility to ensure timely payment of your monthly maintenance fee. Ridge may or may not provide warning messages prior to disabling your license if you fail to remit payment of this monthly fee.
- No Warranty. Damascus, LLC and Ridge Capital Solutions offers the Products on an “as is” basis with no warranties, either expressed or implied. In the event of a defect in the product, Licensee’s sole and exclusive remedy is the repair or replacement of the defective software as determined by Ridge in its sole discretion. Ridge and its affiliates hereby disclaim any and all other warranties, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Ridge does not warrant that the product will meet Licensee’s requirements, operate without interruption or be error free.
- Refund Policy: Licensee acknowledges and agrees that Ridge offers a refund policy on the Product as specifically stated herein. If, after thirty (30) calendar days of Licensee’s continuous use of the Product following the date of onboarding, Licensee has not earned a net profit in Client’s brokerage account, Licensee may request a full refund of the purchase price paid. In order to qualify for a refund, licensee must adhere the following requirements: 1) Licensee must have been onboarded and had their software set up by Ridge staff; 2) Licensee must have maintained the settings selected on the onboarding call with Ridge staff with no modifications (note: Ridge staff will only utilize the baseline, standard product settings during onboarding. You may also elect to utilize settings which are more conservative than the baseline. Settings considered more aggressive or higher risk void all eligibility for a refund); 3) Licensee must submit a download copy of their trade/account history and experts and journal logs prior to approval of a refund request; 4) Licensee must have performed their weekly maintenance (“housekeeping”) checklist provided by Ridge, in order to ensure Licensee’s VPS and broker connections have operated correctly and continuously throughout the period of product use; 5) Licensee must have utilized a broker with minimum leverage requirements as stated in Paragraph 12; any broker or VPS disconnections will disqualify you from receipt of a refund, as these are not within the control of Ridge or Ridge’s products.
To request a refund under the Refund Policy as outlined above, Licensee must provide written notice of its request, along with supporting materials as noted herein, to Ridge within seven (7) calendar days of expiration of the thirty (30) calendar day trial period. Upon receipt of the written notice, Ridge will process the refund of the purchase price as applicable within 14 business days, should the request conform with the stipulations noted in Paragraph 10, herein. Licensee may not request a refund beyond thirty-seven (37) days from the time Licensee initiated use of the Product (the date of onboarding). Licensee acknowledges that it has read, understood, and agreed to the terms of the Ridge Refund Policy. Licensee acknowledges that if Licensee has initiated a chargeback process with Licensee’s credit card company, Ridge will be unable to issue a refund until such chargeback is lifted by Licensee, and Ridge may, at its sole discretion, void the connected license. Voiding of the license will leave open trades unmanaged, and the Licensee assumes sole responsibility for such financial losses. - Broker Selection. Select your broker wisely. Damascus LLC and Ridge Capital Solutions do not make broker recommendations and is not a brokerage or partner in any broker business. We make no guarantee as to the stability or performance of any brokerage. Do your own research and decide on the right broker for you. The purchase, sale or advice regarding a currency can only be performed by a licensed Broker/Dealer. Neither Damascus LLC or Ridge Capital Solutions, nor its affiliates, officers, employees, or associates involved in the production and maintenance of these products is a registered Broker/Dealer or Investment Advisor in any State or Federally-sanctioned jurisdiction. All purchasers of products referenced herein are encouraged to consult with a licensed representative of their choice regarding any particular trade or trading strategy. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website, or Ridge Capital Solutions’ informational materials. The past performance of any trading system or methodology is not necessarily indicative of future results. Your product may be utilized on any brokerage of your choice, however your brokerage account must meet the requirements of Ridge. Brokers must have a minimum leverage of 1:100. Low leverage brokers such as 1:30 or 1:50 may not be utilized as the Product(s) were not designed for low-leverage trading environments.
- Disclaimer. Trading foreign exchange CFDs on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to use the Products and invest in the Foreign Exchange market, you should carefully consider your investment objectives, level of experience and risk appetite. The possibility exists that you could sustain a loss of some or all of the capital in your brokerage account and therefore you should not trade with money that you cannot afford to lose. You should be aware of all the risks associated with Foreign Exchange trading and seek advice from an independent financial advisor if you have any doubts. In trading and investing, we use past performance to make educated decisions. However, past performance is not a guarantee of future results. The information contained herein is not an invitation to trade any specific investments or instruments in the global financial markets. Trading requires risking money in pursuit of potential future gain. The decision to trade is your own. This document does not take into account your own individual financial and personal circumstances. It is intended for educational purposes only and not as individual investment advice. Do not act on this without advice from your investment professional, who will verify what is suitable for your particular needs & circumstances. Failure to seek detailed, professional, personally tailored advice prior to acting could lead to you acting contrary to your own best interests & could lead to losses of capital.
- Introducing Broker (IB). Licensee agrees to utilize the Introducing Broker (“IB”) information provided by Licensor. This link connects Licensee’s account to Licensor’s business-to-business management partner who oversees activity of the Product. Should Licensee fail to do so within thirty (30) calendar days of activation of the Product, Licensor reserves the right to void Licensee’s Product License with no refund to Licensee provided. Licensee should note that this connection will cause no alteration in product performance and is required for continuous use of the Product. To learn more, please visit https://docs.ridgecapitalsolutions.com/docs/support/faq/setup.
- Termination; No Refunds. Ridge shall have the right to terminate this Agreement and Licensee’s account should Licensee breach any of its obligations hereunder, and no refund shall be owed to Licensee. Licensee may terminate this Agreement at any time upon notice to Ridge; however, no refunds will be provided, nor does termination release Licensee from any payment obligations to Ridge existing as of the time of such termination. Immediately upon termination, all Product licenses will be deactivated, and Licensee will cease all use of the Products and must delete any copies of the Products from their systems.
- Confidentiality. Licensee agrees to maintain the confidentiality of all proprietary information and trade secrets disclosed by Ridge in connection with the Products. Licensee shall not disclose, disseminate, or otherwise make available such information to any third party without the prior written consent of Ridge. This obligation of confidentiality shall survive the termination of this Agreement and shall continue indefinitely thereafter. The Licensee acknowledges that unauthorized disclosure of confidential information may cause irreparable harm to Ridge, for which monetary damages may be inadequate, and therefore Ridge shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity. Licensee agrees not to attempt to unlock, reverse engineer, or otherwise make public the intellectual property of Ridge, including the product “source code.” Should Ridge become aware that Licensee has unlocked the product source code, Licensee understands that this can cause irreparable financial harm to Ridge.
- Non-Disparagement. During the Term of this Agreement, and for two (2) years thereafter, the Parties mutually agree that any issues or problems that either Party has regarding the other with respect to this Agreement, shall be discussed with the other Party in a professional and private manner. The Parties hereby mutually agree not to disparage, insult, or fabricate information regarding the other Party in any online or offline forum or any other forum whatsoever, including but not limited to social media channels, regardless of whether such comments or information would not constitute libel or slander, and regardless of whether such comments could be deemed factually true.
- Limitation of Liability. In no event will Ridge, its affiliates, or respective directors, officers, employees or agents be liable to Licensee under any contract, negligence, tort, or other legal or equitable theory for any consequential, incidental, indirect, or special damages whatsoever (including damages for loss of profits, investment capital, business interruption, loss of business information, and the like), whether foreseeable or unforeseeable, or for cost of procurement of substitute goods, technology, or services, regardless of the basis of the claim and even if Ridge has been advised of the possibility of such damage and even if a remedy set forth in this Agreement is found to have failed its essential purpose. In no event will Ridge’s cumulative liability for damages for any cause whatsoever, and regardless of the form of the action, ever exceed the amounts paid to Ridge by Licensee during the 12-month period ended on the date such claim arose.
- Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement shall be determined by arbitration in Miami-Dade County, Florida before one arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) according to its rules and procedures. Judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be selected by mutual agreement of the Parties. If the Parties cannot agree on an arbitrator, then the arbitrator shall be appointed as specified in the AAA rules. The arbitration will be governed by the laws of the State of Florida. The language of arbitration shall be English. The Parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. The Parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award punitive or exemplary damages against Damascus LLC.
- Governing Law. Should any conflict or claim arise, such conflict shall first be submitted to mediation in Miami-Dade County, Florida. If the conflict is not able to be resolved through Mediation, the same shall be heard in a Court of Law in the State of Florida, and according to Paragraph 18 herein. By accepting these Terms & Conditions, you are agreeing to waive rights to seek any claims or file any judgements in any jurisdiction other than the State of Florida.
- Force Majeure. Neither Party shall be responsible for any failure to perform beyond its reasonable control, including, without limitation acts of God, national health emergencies, acts or omissions of civil or military authority, civil disturbances, wars, strikes or other labor disputes, fires, storms, floods, hurricanes, transportation contingencies, or interruptions in telecommunications or internet services, third party vendors or network provider services.
- Entire Agreement; Counterparts. This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous memoranda and oral and/or written agreements relating to the subject matter of this Agreement. This Agreement may be executed in several counterparts and all such counterparts shall constitute one and the same Agreement. The captions in this Agreement are for purposes of convenience only and are not a part of this Agreement.
- Updates and Changes. Ridge reserves the right from time to time provide to Licensee modifications to or updated versions of this Agreement via electronic means. Said modifications or new version shall be deemed to be accepted by Licensee only after the Licensee has provided explicit written consent to the modifications or updates.
- Waiver. The failure of any Party to insist on or enforce strict performance of any provision of this Agreement, or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment of the right to assert or rely upon any such provision, right or remedy in that or any other instance. Waiver by either party of a breach of any provision contained herein must be in writing, and no such waiver may be construed as a waiver of any other and/or succeeding breach of such or any other provision of this Agreement, or a waiver of the provision itself.
- Severability; Headings. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. In such event, the Parties hereby acknowledge their intent to make such invalidated provision, or part of such provision, as to be deemed replaced with a valid provision or part of provision that most closely approximates and gives effect to the intent and economic effect of the invalid provision or part of provision. Any such modification shall revise the existing invalid provision, or part thereof, only as much as necessary to make the invalidly-held provision otherwise valid. Headings are used for convenience of reference only, are not part of this Agreement, and in no way define, limit, construe or describe the scope or extent of any section of this Agreement, or in any way affect this Agreement.
- Ridge Deliverables: Once Licensee has made full payments to Ridge for the product, Ridge shall provide:
a. The Product software system and license activation.
b. Educational Setup & Training Calls, which shall be held via video conference. (It is your responsibility to book all onboarding and educational calls with Ridge staff. You will be provided a link to do so via email.)
c. 1-1 Setup Support: Ridge provides 1-1 setup support for Licensees who desire a 1-1 setup experience. However, Client understands that 1-1 setup calls are held on a “first come, first served” basis and client may have to wait up to five (5) business days for 1-1 setup. As education is important to successful use of any proprietary trading software system, Licensee acknowledges that a 1-1 set up call does not negate the requirement for you to thoroughly read and familiarize yourself with the Product Manual.
d. Interactive Setup & Educational Manual: Ridge shall provide Licensee with a complete, up to date Product Manual.
e. Technical Support: Ridge will provide 1-1 technical support to Licensee, provided Licensee’s request has not already been answered in Ridge’s Frequently Asked Questions, training materials or regular setup and educational calls. Licensees who request assistance on subjects which are covered in these materials will be pointed back to these materials and educational opportunities.
f. Product Updates: Should Ridge issue a product update, same will be provided to Licensee at no charge, provided Licensee is not behind on any payments owed to Ridge.
In accepting these Terms & Conditions and continuing with your purchase of the Product(s), you are acknowledging that the decision to place a trade is your own, you assume all liability and risk for doing so, and you hereby agree to waive any liability against Damascus LLC, Ridge Capital Solutions and its agents, affiliates, associates, employees, representatives or other persons or entities affiliated with and/or controlled by Damascus LLC or Ridge Capital Solutions, and agree to indemnify and hold them harmless from any and all claims or liabilities.