Terms & Conditions

SERVICE AGREEMENT :: LENCOE (PTY) LTD

1. Introduction

These Terms and Conditions ("Terms") govern your use of LENCOE's website, products and services, including our AI trading software, subscription services and signal delivery (collectively, "Services"). By accessing or using our Services you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

Company: LENCOE (Pty) Ltd • Website: https://lencoefx.com • Platform: https://portal.lencoefx.com

2. Definitions

  • "Customer" means any person or entity that registers for or uses LENCOE Services.
  • "Platform" means the LENCOE web application, dashboards, APIs and related infrastructure.
  • "Subscription" means the paid access to Services under a recurring billing plan.
  • "Documentation" means user guides, API docs and help materials provided by LENCOE.

3. Services & Scope

LENCOE provides AI-driven software products including automated Forex trading systems, real-time trade signals, analytics dashboards, and bespoke AI / software development services. Services deliver signals and automated execution instructions: all actual trading execution is performed by the Customer's linked broker or trading account. LENCOE does not act as an investment manager, custodian of client funds, or licensed financial advisor.

Detailed Description of Goods and/or Services: LENCOE (Pty) Ltd is a business in the FinTech industry that provides specialized AI trading software and subscription-based digital services.

4. Eligibility & Account Setup

You must be at least 18 years old and legally capable of entering into contracts. By registering you agree to provide accurate, current and complete information and to keep your account credentials secure. You are responsible for all activity under your account.

5. Subscriptions, Billing & Invoicing

Subscriptions are billed in advance on a recurring basis at the frequency chosen at checkout (monthly, quarterly or annually). You authorize LENCOE and our payment processor to charge your chosen payment method for recurring fees and any applicable taxes, fees or charges. All amounts are quoted in the currency displayed on the Platform.

  • Payment methods: supported card processors and payment switches as displayed during checkout.
  • Failure to pay: if payment fails, we may suspend or terminate access to Services until the account is brought current.
  • Price changes: LENCOE may change prices for new subscribers with notice; existing Founding subscribers on locked pricing will retain their agreed rate.

Delivery Policy: Subject to availability and receipt of payment, subscription requests will be processed immediately and fulfillment confirmed via automated email and dashboard access.

Export Restriction: The offering on this website is available to South African clients and international users subject to their respective local jurisdictions.

6. Refunds, Cancellations & Chargebacks

All subscription fees are non-refundable, except where required by law or as set out under a specific promotional offer. Customers may cancel future billing at any time via their account; cancellation does not entitle the customer to a refund of fees already paid. In the event of a chargeback, LENCOE reserves the right to suspend or terminate the customer's account and recover any losses, including chargeback fees.

Returns and Refunds Policy: The provision of services by LENCOE (Pty) Ltd is subject to availability. In cases of unavailability, LENCOE (Pty) Ltd will refund the client in full within 30 days. Cancellation of orders by the client will attract a 0% administration fee.

7. Payment Processing & Fees

Payments are processed by our payment providers (e.g., PayGate and partnering banks). You agree to the provider's terms as relevant. Merchant fees (gateway, settlement and bank charges) are borne by LENCOE unless otherwise stated at checkout. LENCOE is not responsible for payment provider delays, reversals, or processing errors beyond our reasonable control.

Payment Options Accepted: Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the LENCOE (Pty) Ltd bank account.

Card Acquiring and Security: Card transactions will be acquired for LENCOE (Pty) Ltd via Payfast by Network, the approved payment gateway for all South African Acquiring Banks. Payfast by Network uses the strictest form of encryption (SSL3) and no Card details are stored on our website. Users may visit payfast.io to view security policies.

Customer Details Separate from Card Details: Customer details will be stored by LENCOE (Pty) Ltd separately from card details, which are entered by the client on Payfast by Network’s secure site.

Merchant Outlet Country and Transaction Currency: The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility: LENCOE (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

8. Use of Services & Risk

All trading and investment activities involve risk. The Services are provided for information and automation and do not guarantee profits or prevent losses. Customers remain fully responsible for any trades executed using their accounts, including losses incurred. Use of the Platform constitutes acknowledgment of these risks.

9. Customer Obligations

  • Maintain the confidentiality of account credentials and API keys.
  • Ensure that any broker connections and trading accounts used with the Platform are legally permitted and correctly configured.
  • Comply with applicable laws, rules and broker terms when using automated trading features.

10. Intellectual Property

All intellectual property rights in the Services, code, models, documentation, branding and related materials are owned by LENCOE or our licensors. Customers are granted a limited, non-exclusive, non-transferable license to use the Services for their internal trading activity. Customers must not copy, modify, distribute, reverse engineer, or create derivative works from LENCOE intellectual property without prior written consent.

11. Third Party Services

The Platform may integrate with third-party services (brokers, liquidity providers, analytics, hosting). Those third parties are not under LENCOE's control and LENCOE is not liable for their acts or omissions. Use of third-party services may be subject to separate terms.

12. Data Protection & Privacy

Our handling of personal data is governed by our Privacy Policy, available at privacy.html. By using our Services you consent to the collection and processing of personal data as described in that policy.

Customer Privacy Policy: LENCOE (Pty) Ltd shall take all reasonable steps to protect the personal information of users as defined in the Protection of Personal Information Act 4 of 2013 (POPIA).

13. Limitation of Liability

To the maximum extent permitted by law, LENCOE and its affiliates, officers, employees, agents and partners will not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, trading losses, loss of data or business interruption arising out of or in connection with the Services. Our aggregate liability to you for any claim arising under these Terms is limited to the amount paid by you to LENCOE in the 12 months preceding the claim.

14. Indemnity

You agree to indemnify and hold LENCOE and its officers, directors, employees and agents harmless from any loss, claim, demand, liability, or expense (including legal fees) arising out of or in connection with your use of the Platform, violation of these Terms, or your violation of any law or third-party rights.

15. Suspension & Termination

LENCOE may suspend or terminate accounts for breach of these Terms, unlawful activity, excessive chargebacks, suspected fraud, or at our discretion with notice. On termination we may delete content or data associated with the account after a commercially reasonable retention period. Charges already incurred will remain payable.

16. Force Majeure

LENCOE is not liable for failure to perform due to events beyond reasonable control (including acts of God, network outages, cyber incidents, pandemics, industrial actions, governmental actions, and third-party service failures). We will use reasonable efforts to restore Services and notify affected customers.

17. Governing Law & Jurisdiction

17.1 Governing law. These Terms (including any non-contractual obligations arising out of or in connection with them) and the relationship between you and LENCOE shall be governed by and construed in accordance with the laws of the Republic of South Africa.

17.2 Good-faith resolution & mediation. If any dispute, controversy or claim arises out of or in connection with these Terms ("Dispute"), the parties shall first attempt in good faith to resolve the Dispute by negotiation between senior representatives of the parties. If the Dispute is not resolved within thirty (30) days after a party gives written notice of the Dispute, the parties shall endeavor in good faith to settle the Dispute by mediation to be conducted in Cape Town, Western Cape, South Africa, administered by a mutually agreed mediator. The costs of any mediation shall be borne equally by the parties unless otherwise agreed in writing.

17.3 Courts & exclusive jurisdiction. Subject to clause 17.4 below, each party hereby irrevocably submits to the exclusive jurisdiction of the courts of Cape Town, Western Cape, South Africa to resolve any Dispute that is not resolved under clause 17.2.

17.4 Preservation of urgent remedies. Notwithstanding clauses 17.2 to 17.3, LENCOE may, at its sole election, seek interim or injunctive relief, urgent equitable relief, or any similar urgent relief in any court of competent jurisdiction (including outside South Africa) in order to protect its rights or property, without first having to seek relief by mediation or initiating proceedings in the courts of Cape Town. Any such action by LENCOE shall not constitute a waiver of its right to require that other Disputes be heard exclusively by the courts of Cape Town as set out in clause 17.3.

17.5 Costs & enforcement. The prevailing party in any court or arbitration proceedings shall be entitled to recover its reasonable legal costs and disbursements from the other party, subject to the rules of the relevant forum. A final judgment or award of any such court or tribunal shall be binding and may be enforced in any other jurisdiction.

17.6 Save for public policy or mandatory local law: the parties expressly waive any right to a jury trial and agree that such Disputes shall be determined by a court of competent jurisdiction in accordance with this clause.

Country of Domicile: This website is governed by the laws of South Africa and LENCOE (Pty) Ltd chooses as its domicilium citandi et executandi for all legal purposes: Ronelle Street, Cape Town, 7550, South Africa.

18. Notices

All legal notices must be in writing and delivered to the addresses set out on our Platform or as otherwise provided. Notices to LENCOE should be sent to:

  • Email: info@lencoefx.com
  • Address: Ronelle Street, Cape Town, 7550, South Africa

19. Changes to these Terms

We may update these Terms from time to time to reflect changes in our business, the law, or technology. We will provide notice of material changes via the Platform or email. Continued use after notice constitutes acceptance of updated Terms.

Variation: LENCOE (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.

20. Miscellaneous

  • These Terms, together with our Privacy Policy and any other documents expressly referred to herein, constitute the entire agreement between you and LENCOE in relation to the Services.
  • If any provision is held invalid, the remaining provisions remain in force.
  • No waiver by LENCOE of any breach will be considered a waiver of any subsequent breach.

21. Contact & Support

If you have questions about these Terms, please contact us:

  • Email: info@lencoefx.com
  • Phone: +27 61 531 5074
  • Address: Ronelle Street, Cape Town, 7550, South Africa

Company Information: This website is run by LENCOE (Pty) Ltd, a Private Company based in South Africa.

Effective date: 2025-11-19

By using or accessing LENCOE services, you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy.

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