Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the website, software products, and services provided by Nirvana Systems, Inc. ("Nirvana Systems," "we," "us," or "our"). By accessing this website, purchasing our software, or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

1. Company Information

Nirvana Systems, Inc. is a software company incorporated in the State of Texas, United States, serving the trading community since 1987 with technical analysis, system trading, and portfolio management software.

Nirvana Systems, Inc.
3016 Polar Lane, Suite 306
Cedar Park, TX 78613
support@nirvanasystems.com

2. Software and Services

Nirvana Systems offers trading software, market data services, educational resources, support services, and subscription services. We reserve the right to modify, update, discontinue, or retire any product or service at any time, and will make reasonable efforts to notify existing subscribers of material changes to services they have purchased.

3. Licensing and Usage

Subject to your compliance with these Terms and payment of applicable fees, Nirvana Systems grants you a limited, non-exclusive, non-transferable, revocable license to use our software for personal or internal business purposes. You may not copy, distribute, sublicense, rent, or sell the software; reverse engineer or decompile it; create derivative works without written permission; remove proprietary notices; use it to develop competing products; share your credentials; or use it in violation of applicable law.

4. Payment and Refund Policy

Prices are in U.S. Dollars. Payment is due at purchase for one-time licenses and at the start of each billing cycle for subscriptions, which renew automatically unless cancelled before the renewal date. Software purchases may be eligible for a refund within 30 days of purchase subject to our refund conditions; requests go to support@nirvanasystems.com. Subscription fees are non-refundable for partial billing periods. Custom work and delivered training are non-refundable.

5. User Responsibilities

You agree to provide accurate information, maintain the security of your account credentials, notify us of unauthorized access, comply with applicable laws, not use our services for unlawful purposes, not interfere with our infrastructure, and accept full responsibility for all trading and investment decisions made using our software and tools.

6. Privacy and Data Protection

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7. Intellectual Property

All intellectual property rights in our website, software, content, logos, and trademarks are owned by or licensed to Nirvana Systems, Inc. Our software constitutes valuable trade secrets and proprietary information. Any feedback you provide may be used by us without restriction or compensation.

8. SMS Communication

By opting in to SMS, you consent to receive text messages related to your account and promotional offers. Message frequency varies; message and data rates may apply. Reply STOP to opt out or HELP for assistance. We will not share your mobile number with third parties for their marketing without your explicit consent.

9. Dispute Resolution

Before initiating formal proceedings, contact us at support@nirvanasystems.com to attempt informal resolution. Unresolved disputes shall be settled through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Williamson County, Texas. You waive any right to participate in class actions or class-wide arbitration. These Terms are governed by the laws of the State of Texas.

10. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIRVANA SYSTEMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR PRODUCTS AND SERVICES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO NIRVANA SYSTEMS DURING THE TWELVE MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR ANY TRADING OR INVESTMENT LOSSES RESULTING FROM YOUR USE OF OUR SOFTWARE, TOOLS, OR SERVICES. ALL TRADING AND INVESTMENT DECISIONS ARE MADE AT YOUR OWN RISK.

11. Termination

We may suspend or terminate your access at any time for violation of these Terms, non-payment, fraudulent or illegal activity, legal requirements, or discontinuation of services. Upon termination, your license ceases, you must destroy all copies of our software, and outstanding fees become due. Provisions that by their nature should survive termination will continue in effect.

12. Miscellaneous

These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Nirvana Systems. If any provision is found unenforceable, the remaining provisions continue in effect. Our failure to enforce any right is not a waiver. You may not assign your rights under these Terms without our written consent. Nirvana Systems is not liable for delays or failures caused by events beyond its reasonable control.