Terms and Conditions
These Conditions govern the access, registration, use and, where applicable, contracting of the services offered under the YourSmartPilot brand, owned by West Malcom LLC.
1. Owner Identification
West Malcom LLC, New Mexico Business ID 0008083346, registered at 1209 Mountain Road PL NE, STE R, Albuquerque, NM 87110, USA. Contact: operations@westmalcom.com. Hereinafter, "West Malcom LLC" or "the Provider".
2. Acceptance and Capacity
Access, registration or use of the service implies express, full and unreserved acceptance of these Conditions, the Legal Notice, the Privacy Policy and the Cookie Policy.
The user declares to be of legal age, to have full legal capacity, to act in their own name, to understand the risks of the financial markets and to have sufficient knowledge to autonomously evaluate their investment decisions.
3. Nature of the Service
YourSmartPilot is limited to the marketing and distribution of copy-trading solutions, providing technical access to operation copying through third-party platforms. West Malcom LLC does not provide regulated investment services.
In particular: it does not provide personalized financial advice; it does not provide discretionary portfolio management; it does not execute orders on behalf of third parties; it does not raise or hold funds; it does not act as a financial intermediary.
4. User Independence
Any configuration, system or information provided is of a general nature and does not constitute a personalized recommendation or suitability assessment. The user declares to operate under their sole criterion, not to depend on the Provider for their decisions and to assume in full the risks of their operations.
5. Relationship with Brokers and Third-Party Platforms
Use of the service may require the opening of accounts on external platforms (for example, VT Markets). West Malcom LLC has no relationship of representation, agency or intermediation with such entities and is not responsible for: order execution; latency, interruptions or failures of external servers; modifications to APIs or third-party infrastructures; commercial policies, fees or contractual conditions of third parties.
Any contractual relationship between the user and third parties is independent and unrelated to West Malcom LLC.
6. Risk Warning
Trading in financial instruments involves a high level of risk and may lead to the total loss of the invested capital. The user accepts that: there is no guarantee of profitability; past performance does not guarantee future results; leverage may amplify losses; they will only operate with capital they can afford to lose.
Further information in the Risk Warning.
7. Economic Conditions
Access to the service may be subject to a subscription or fee, which will be duly published and accepted by the user prior to its application. The Provider reserves the right to modify prices or conditions with reasonable prior notice.
8. Limitation of Liability
To the maximum extent permitted by law, West Malcom LLC shall not be liable for: financial losses derived from user decisions; technical errors, latency or failures of third parties; service interruptions beyond its control; indirect damages, lost profits or loss of opportunity.
The Provider's total cumulative liability shall not exceed the amount actually paid by the user in the twelve (12) months preceding the event giving rise to the claim.
9. Disclaimer of Warranties
The services are provided "as is" and "as available". Uninterrupted availability, absence of errors or permanent compatibility with external platforms are not warranted.
10. International Use
The service is not directed at persons resident in jurisdictions where its use is contrary to local regulations. It is the user's sole responsibility to ensure that their use complies with the legislation applicable in their country of residence.
11. Intellectual Property
All software, algorithms, designs, trademarks and contents are owned by West Malcom LLC or are licensed accordingly. Reverse engineering, decompilation, extraction of algorithmic logic or unauthorized reproduction are forbidden.
12. Indemnity
The user shall hold West Malcom LLC harmless against any claim, sanction, loss or expense (including legal fees) derived from their use of the service, their investment decisions or the regulatory non-compliance in their jurisdiction.
13. Suspension and Termination
West Malcom LLC may suspend or cancel access in case of contractual breach, fraudulent use or regulatory risk.
14. Right of Withdrawal
Where the user is a consumer and there is economic contracting, the right of withdrawal may be excluded once access to the digital content has begun, in accordance with applicable regulations.
15. Governing Law and Jurisdiction
These Conditions are governed by the laws of the State of New Mexico (USA). The parties submit to the competent courts of New Mexico, without prejudice to the mandatory rights that the consumer regulations of the user's country of residence may grant.
16. Severability
The nullity of any provision shall not affect the rest, which shall remain in force.