0. Definitions

• Seller / Professional: individual business; trade name “BlackSheep”, as identified in Annex A (Seller Details) (the
• “Seller”).
• User: any person who browses the Website and/or creates an account.
• Customer: the User who purchases a product/service on the Website.
• Consumer: a natural person acting for purposes unrelated to their business or professional activity.
• Professional / Business Customer: a person or entity other than a Consumer, such as a VAT holder or company.
• Software / Bot / Expert Advisor: automated trading program intended for compatible platforms such as
• MetaTrader, with related documentation and accessory materials (the “Software”).
• Digital content / Digital service: supply of the Software by download and/or access to digital features such as
• license verification, as governed by applicable law and, for Consumers, the Italian Consumer Code.
• License: non-exclusive right to use the Software within the limits of these T&C and the product sheet.

1. Scope of application

1.1 These terms and conditions (“T&C”) govern access to the Website, account registration and the

purchase/use of the Seller’s products and services, including licensing of the Software.

1.2 The T&C apply to both Consumers and Professional/Business Customers. Mandatory consumer protection

provisions prevail for Consumers.

1.3 Different Customer terms do not apply unless expressly accepted in writing by the Seller.

2. General information and contacts

2.1 The Seller’s identification and contact information is indicated in Annex A (Seller Details) and/or in the

“Contacts/Legal Notice” section of the Website.

2.2 Assistance and complaints: info@blacksheeptrade.com. Support is provided by email unless otherwise

indicated in the product sheet.

3. Website use requirements and registration

3.1 The Website and products are intended exclusively for adults aged 18 or older.

3.2 The User undertakes to provide truthful and updated data and to keep credentials secure. The User is

responsible for activities carried out through their account.

3.3 The Seller may suspend or close the account in case of unlawful/fraudulent use, breach of the T&C or

security risk, without prejudice to performance of contracts already concluded within the limits of law.

4. Subject matter, nature of the Software and warnings

4.1 The Seller markets Software and informational materials for technical/educational purposes.

4.2 The Seller does not provide investment services, financial advice, portfolio management or solicitation of

savings. The Software is a technical tool that may automate operations set by the Customer; the Customer

remains responsible for operating choices.

4.3 Trading, particularly on CFDs, derivatives and leveraged instruments, involves a high risk of partial or total

capital loss. The Disclaimer published on the Website must be read carefully.

4.4 The Software may operate through Expert Advisor/robot logic and may open, manage or close trades

automatically according to preset or Customer-configured parameters. Automation does not eliminate risk and

does not replace human supervision.

5. Pre-contractual information and product sheets

5.1 Before placing an order, the Customer may consult the product sheet containing: main features, technical

requirements and compatibility, total price, applicable taxes if due, duration/license and limitations, any included

updates/support and other relevant information.

5.2 In case of discrepancy between the product sheet and the T&C: for Consumers, the interpretation most

favorable to the Consumer prevails; for Professional/Business Customers, the T&C prevail unless otherwise

agreed in writing.

6. Purchase procedure and conclusion of the contract

6.1 Product presentation on the Website constitutes an invitation to offer.

6.2 The Customer selects the product, enters the required data, checks the order summary and submits the

order using the purchase button.

6.3 The contract is concluded when the Seller sends order confirmation by email and/or makes the digital

content available (download, key delivery, reserved area/license activation) according to the indicated methods.

6.4 The T&C are downloadable and printable.

7. Prices, payments and invoicing

7.1 Prices are expressed in Euro and include VAT if due, unless otherwise indicated.

7.2 Payments are made through the methods indicated on the Website, such as Stripe, PayPal or bank transfer.

Access to the Software may be subject to actual receipt of payment.

7.3 Receipt/invoice: for each purchase an invoice will be issued within 30 (thirty) days from the order date and

sent to the email address provided by the Customer during purchase/registration. The Customer is responsible

for the accuracy and updating of billing data provided.

8. Delivery of digital content and activation

8.1 Unless otherwise indicated, delivery occurs in digital format (download/reserved area and/or key/license sent

by email).

8.2 The Customer is responsible for compatibility of their environment, including hardware, software, trading

platform, broker and connection.

8.3 If a license verification system is provided, the Customer accepts that Software functionality may depend on

the correct operation of that system, within the limits indicated in the product sheet and in compliance with rules

on digital content/services for Consumers.

9. Use license, intellectual property and prohibitions

9.1 Non-exclusive, non-transferable license, limited to use according to the purchase (number of

accounts/instances, duration and limitations) as indicated in the product sheet.

9.2 Unless otherwise indicated, the license may be associated with technical identifiers and/or the authorized

trading account. Use on accounts other than authorized accounts is prohibited.

9.3 It is prohibited to: (i) copy, distribute, transfer, sublicense or make available to third parties; (ii) modify,

decompile, disassemble or reverse engineer, except within mandatory legal limits; (iii) circumvent protection or

license measures.

9.4 All intellectual property rights remain with the Seller and/or the rights holders.

10. Updates, maintenance and assistance

10.1 Updates, maintenance and support are provided according to the product sheet (duration, channels, any

SLA).

10.2 For Consumers, the Seller provides updates, including security updates, necessary to maintain conformity

of the digital content/service for the period required by law and/or indicated in the product sheet.

10.3 The Customer must install available updates and follow instructions where failure to install affects

conformity or security.

11. Conformity of digital content/service and remedies (Consumers only)

11.1 For Consumers, in case of lack of conformity of digital content/service, the remedies provided by the Italian

Consumer Code apply (restoration of conformity, price reduction, termination in the cases provided by law).

11.2 To the extent permitted, malfunctions resulting from non-compliant use, tampering, incompatible

environments, third-party interventions, unsupported brokers/platforms or failure to install available updates are

excluded.

12. Right of withdrawal (Consumers only)

12.1 The Consumer may withdraw within 14 days without giving reasons according to the Italian Consumer

Code.

12.2 For digital content supplied on a non-material medium, the right of withdrawal may be excluded if

performance has begun with the Consumer’s express consent and acknowledgement of loss of the right of

withdrawal, according to applicable law.

12.3 If the Customer requests immediate delivery/activation, the Website requires explicit checkbox/acceptance

of the above declarations. Otherwise, performance may be deferred.

12.4 Exercise of withdrawal: unequivocal communication to info@blacksheeptrade.com.

12.5 Refunds: in case of valid withdrawal, refund using the same payment method, unless otherwise agreed,

within the legal terms.

12.6 Model withdrawal form (optional): “I hereby communicate my withdrawal from the contract for the sale of the

following digital content: Name and surname; Order email; Product; Order date; Date; Signature (if on paper).”

13. Termination, suspension and refunds

13.1 In case of serious breach, including unauthorized use, sharing with third parties, license circumvention or

fraudulent activity, the Seller may suspend or terminate the license/services, without prejudice to mandatory

Consumer remedies.

13.2 If termination is due to breach attributable to the Customer, no refund is due unless mandatory law provides

otherwise.

14. Limitation of liability

14.1 The Customer acknowledges that the Software is a technical tool and that performance also depends on

external factors including markets, brokers, platforms, connection, latency and third-party updates.

14.2 Consumers: nothing limits or excludes mandatory rights, liability for wilful misconduct or gross negligence,

or cases that cannot be limited by law.

14.3 B2B: to the extent permitted by law, liability for direct damages is limited to the price paid for the product

that is the subject of the dispute; indirect/consequential damages, including lost profits and data loss, are

excluded except in case of wilful misconduct or gross negligence.

14.4 No liability is accepted for disruptions attributable to third parties such as brokers, platforms, hosting

providers or data providers, except where the third party is a determining auxiliary of the Seller and liability is

established within legal limits.

15. Trading risks and Customer declarations

15.1 The Customer acknowledges that past performance, backtests and simulations do not guarantee future

results.

15.2 The Customer declares that they use only capital they can afford to lose and adopt appropriate risk

management measures.

15.3 Any presets, settings and examples are general technical configurations and do not constitute personalized

investment recommendations.

15.4 Where the Software operates on several instruments or on combinations of instruments, the Customer

acknowledges additional risks including non-simultaneous execution, rejection of one leg, different market hours,

different spreads, rollover and unsynchronized data.

16. Links to third-party websites

16.1 The Website may contain links to third-party resources. The Seller does not control such content and is not

responsible for availability or content of third parties.

17. Data protection and cookies

17.1 Personal data are processed according to the Website Privacy Policy.

17.2 Cookies are used according to the Website Cookie Policy.

18. Changes to the T&C

18.1 The Seller may update the T&C for technical, legal or business reasons.

18.2 For one-off purchases, the T&C in force at the time of order apply.

18.3 For continuous services, such as reserved area/licensing access, if changes materially affect the

relationship, the Seller will notify the Customer with reasonable notice and allow the Customer to terminate the

relationship without penalty within applicable limits.

19. Applicable law, jurisdiction and ADR

19.1 Italian law applies; for EU Consumers, mandatory protections of the country of residence remain unaffected

where applicable.

19.2 Consumer forum: court of the Consumer’s place of residence or domicile if in Italy, or according to

applicable mandatory rules.

19.3 B2B forum: exclusive jurisdiction of the Court of Santa Maria Capua Vetere (CE), unless otherwise agreed

in writing.

19.4 ADR: the Consumer may use ADR tools where available according to applicable law.

19.5 The European ODR (Online Dispute Resolution) platform has been discontinued at EU level and is no

longer operational.

20. Clauses specifically approved (Professional/Business Customers only)

The Customer purchasing as a Professional/Business Customer expressly approves: Art. 13, Art. 14, Art. 18 and

Art. 19.3.

21. Acceptance

By creating an account and/or submitting an order, the Customer declares that they have read, understood and

fully accepted these T&C.

ANNEX A – Seller Details (identification information)

• Seller / Professional: individual business; trade name “BlackSheep”.
• VAT No.: 04898230612.
• Email: info@blacksheeptrade.com.
• PEC: blacksheep.vm@pec.it.