TERMS AND CONDITIONS

TERMS AND CONDITIONS

1. INTRODUCTION
   1. MarketNerd is operated by Specialisti AL, a private limited liability company incorporated under the laws of the Republic of Albania (the “Company,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) explain the rules and obligations that apply when you access or use the MarketNerd mobile application and associated digital resources (collectively, the “Platform”).
   1. The Platform provides educational content and general study resources designed to support users in understanding economic concepts and analytical theories. By accessing the Platform, you may use the Services, which include learning modules, visual aids, case studies, and discussion features provided for informational and educational purposes only.
   1. These Terms form a binding and enforceable agreement between the Company and any visitor or user of the Platform (collectively, the “Users”). It is essential that all Users read these Terms, which govern access to and use of the Platform, including the content and Services provided.
2. DEFINITIONS AND INTERPRETATION
   1. In these Terms, unless the context otherwise requires, the following terms shall have the meanings set out below:
3. “Adult” means a person who has attained the age of 18 years or older, or, where higher, the age of majority under the laws applicable to such person.
4. “Community Rules” means the guidelines for respectful interaction set out in clause 9 of these Terms.
5. “Content” means all text, graphics, images, videos, audio recordings, animations, learning tools, software, data, educational materials, templates, and downloadable files made available through the Platform.
6. “Dispute” has the meaning given in clause 13.1.
7. “Internet Access Device” means any device used by a User to access the Platform, including, but not limited to, a laptop, desktop computer, tablet, or smartphone.
8. “Personal Data” has the meaning set out in the Company’s Privacy Policy.
9.  “Platform” means the digital educational and informational system operated by the Company, including all Content, features, and Services made available through the mobile application and associated digital interfaces.
10. “Services” means the educational modules, study tools, visual aids, and other learning resources provided through the Platform for informational purposes.
11. “User Content” means any messages, comments, or feedback shared by Users on the Platform or through affiliated community features.
12. “User Content” means any messages, comments, posts, or other materials submitted, uploaded, or shared by Users on the Platform or through affiliated platforms, including the Discord community.
13. “User,” “you,” or “your” means any individual who accesses or uses the Platform for educational and informational purposes.
    1. If any part of these Terms is declared unenforceable or invalid, the remainder shall remain valid and enforceable.
    1. The word “including” shall be construed to mean “including, without limitation.”
    1. Section headings are for reference only and do not affect the meaning or interpretation of these Terms. 
14. PLATFORM ACCESS AND FEATURES
    1. The Platform provides Users with access to a variety of educational features and study resources, which may include: (a) Educational articles, academic case studies, visual learning aids, and interactive study content; (b) Recorded instructional videos or live educational sessions; (c) Access to community discussion features and peer learning forums; and (d) General informational resources regarding economic theories and historical data analysis.
    1. All Platform features and resources may be modified, suspended, or discontinued at the Company’s sole discretion. Users accessing the Platform must comply with all applicable provisions of these Terms, including, without limitation, prohibited uses and intellectual property rights.
    1. The Company may, at its sole discretion, limit access to certain features or content on the Platform or modify the availability of resources to ensure the quality and security of the learning environment.
15. RESPONSIBILITIES; PROHIBITED USES
    1. By using the Platform and accessing its features, Users agree to comply with the following responsibilities (a) acknowledge that the Platform is intended for use by Adults; (b) comply with any usage limits, instructions, or policies provided by the Company; (c) maintain the security of their access credentials and be responsible for activities occurring under their access; (d) promptly report any suspected security issues or violations of these Terms to the Company; (e) provide accurate and truthful information when interacting with the Platform; (f) respect the rights of other Users and the Company, avoiding any behaviour that could harm the community; and (g) Use the Platform only for lawful purposes and in compliance with these Terms.
    1. Users shall not, and shall not attempt to (a) gain unauthorized access to the Company’s systems or restricted areas of the Platform; (b) circumvent any security or access control measures; (c) copy, reproduce, distribute, or otherwise exploit the Content without the Company’s express prior written consent; (d) engage in conduct that could harm the Company, its Users, or expose the Company to liability; (e) interfere with, disrupt, or damage the operation of the Platform or its networks; (f) submit User Content that is unlawful, defamatory, offensive, or otherwise objectionable; and (g) use the Platform for any purpose not expressly authorized by the Company in these Terms.
    1. During your access to and use of the Platform, we will use reasonable care to make the Platform available. However, our obligations do not include (a) Monitoring or moderating all User Content for compliance; (b) Guaranteeing that the Platform will be compatible with all devices or software; or (c) Guaranteeing the accuracy or usefulness of any Content, or that Users will achieve any specific learning outcome.
16. INTELLECTUAL PROPERTY RIGHTS
    1. The Platform and all Content made available through it (including text, graphics, images, videos, audio, instructional software, and educational layouts) are owned by or licensed to the Company and are protected by applicable intellectual property laws.
    1. Users are granted a limited, non-exclusive, non-transferable, revocable license to access the Platform and the Content solely for personal, informational, and non-commercial study purposes, subject to these Terms.
    1. Users shall not (a) Remove or alter proprietary notices or academic citations; (b) Use Content for any commercial purposes or external distribution; (c) Reverse engineer or attempt to extract source code from the mobile application; or (d) Reproduce, distribute, or exploit the Content beyond what is expressly permitted for personal learning.
    1. If a User believes any Content on the Platform infringes their intellectual property rights, they may submit a notice via the Platform or by email to [email protected].
    1. The Company may remove or restrict access to Content where infringement is reasonably suspected. Actions taken in good faith to protect intellectual property shall not give rise to liability.

• DISCLAIMERS; RISK ACKNOWLEDGEMENT
  • The Platform, including all content, study aids, and informational materials, is provided solely for general educational and theoretical purposes. Nothing on the Platform constitutes professional, legal, or other regulated advice, nor should it be relied upon as such.
  • The Content is intended for a general audience and is not tailored to any individual circumstances. Users acknowledge that they are solely responsible for how they interpret or apply any informational resources obtained through the Platform.
  • The Company makes no representations or guarantees regarding the accuracy, completeness, or reliability of any Content. Educational materials may be updated or modified at any time without notice.
  • To the maximum extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, or consequential damages arising out of a User’s access to the Platform, including but not limited to loss of data or any other form of informational loss.
  • Users acknowledge that they access the Platform at their own discretion and risk. Users are encouraged to seek independent professional consultation before making any decisions based on the educational concepts presented on the Platform.
• THIRD-PARTY SERVICES
  • The Platform may contain links or references to third-party educational websites, articles, or informational resources (“Third-Party Resources”). These references are provided solely for convenience and academic research purposes.
  • The Company does not own, control, or endorse the content, availability, or policies of any Third-Party Resources. Access to such resources is at the User’s own discretion and risk, and is subject to the terms and policies of the respective third party.
  • The Company shall not be liable for any issue arising from a User’s access to or use of any Third-Party Resources.
• USER CONTENT
  • The Platform may allow Users to submit, upload, or share content through available features, including text, feedback, study notes, comments, or reviews (“User Content”).
  • Users retain ownership of their User Content. However, by submitting User Content, Users grant the Company a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, and display such content solely as necessary to operate, maintain, and improve the educational features of the Platform.
  • Users represent and warrant that: (a) They have all necessary rights and authority to share the User Content; and (b) The User Content does not violate any law, infringe any third-party rights, or contain misleading, harmful, or otherwise objectionable material.
  • The Company does not endorse or guarantee the accuracy of User Content. We reserve the right, at our sole discretion, to review, remove, or disable access to any User Content at any time to maintain the integrity of the learning environment.
  • The Company does not endorse, verify, or guarantee User Content and is not responsible for its accuracy, legality, or reliability. We reserve the right, at our sole discretion, to review, screen, remove, or disable access to any User Content at any time and for any reason, without prior notice.
  • Users acknowledge that User Content may be visible to other participants for peer-learning purposes and that submission of content is done at the User’s own risk.
• COMMUNITY RULES; ENFORCEMENT
  • Users agree to interact on the Platform in a respectful and responsible manner. To maintain a safe learning environment, the following conduct is strictly prohibited:
• Harassment, threats, hate speech, or abusive behaviour of any kind;
• posting or sharing false, misleading, defamatory, or harmful User Content;
• uploading viruses, malware, automated scripts, or any material designed to disrupt or interfere with the Platform;
• impersonating another person or misrepresenting affiliation with any individual or entity;
• engaging in fraudulent, deceptive, or manipulative conduct; and
• posting content that infringes intellectual property rights or violates any applicable law or regulation.
  • Moderation actions may be carried out through automated systems or manual review. The Company reserves the right to take action without advance notice to ensure the safety of the Platform.
  • Users may report violations of these Community Rules using the reporting mechanisms made available within the Platform. The Company will review reports in good faith.
  • Users are solely responsible for their interactions with other participants. All interactions occur at the User’s own risk.
  • The Company reserves the right to investigate suspected violations and take appropriate action, including: issuing warnings; restricting or terminating access to the Platform; removing User Content; and reporting conduct to relevant authorities where required.
• APPEALS OF MODERATION DECISIONS
  • Users may request a review of certain moderation actions, including content removal or the restriction of access to the Platform, by submitting a written appeal through the Company’s designated contact email. Appeals must clearly explain the reason for the request and include any relevant supporting information.
  • The Company will review appeals in good faith. However, it is not obligated to reverse or modify any moderation decision. All determinations made following an appeal are final.
  • The Company does not guarantee specific response times for appeals and reserves the right to decline review of appeals that are repetitive, abusive, or lack sufficient information.
  • While an appeal is under review, the original moderation action shall remain in effect unless the Company determines otherwise at its sole discretion.
  • Users acknowledge that moderation and appeal processes may involve automated systems, human review, or a combination of both, and that the Company shall not be liable for any loss, harm, or inconvenience arising from moderation or appeal outcome.
• COMPLIANCE
  • Although the Company is incorporated in Albania, certain international laws may apply to the processing of Personal Data or the provision of access to the Platform for Users located in specific jurisdictions, such as the European Union or European Economic Area (“EU/EEA”).
  • To the extent required by applicable law, including the General Data Protection Regulation (GDPR), the Company will ensure that the processing of Personal Data is carried out in compliance with applicable data protection requirements, as further detailed in our Privacy Policy.
  • The Company may also be subject to obligations regarding content moderation, transparency, and reporting under relevant digital services regulations. These obligations apply only insofar as the Company falls within the scope of those specific regulations.
  • Nothing in these Terms shall be interpreted as imposing legal obligations on the Company that do not apply by operation of law.

1. TERRITORIAL SCOPE

The Platform is intended for a global audience for informational purposes. Users are responsible for ensuring that their access to the educational materials complies with all laws applicable to them in their jurisdiction. The Company makes no representation that the Platform is appropriate for use in any particular country and may restrict access in jurisdictions where use of the Platform would violate local laws or regulations.

1. DISPUTE RESOLUTION
   1. In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the Platform (a “Dispute”), the User shall first submit a written notice of the Dispute to the Company at [email protected]. The notice shall set out the nature of the Dispute and the relevant facts. The Parties shall use good-faith efforts to resolve the Dispute informally.
   1. The Parties shall engage in good-faith negotiations for a period of not less than thirty (30) days following the Company’s receipt of the notice. No Party shall commence legal proceedings prior to the expiry of this negotiation period, except for applications seeking urgent injunctive relief.
   1. To the extent permitted by applicable law, any Dispute not resolved informally may, at the Company’s sole discretion, be referred to and finally resolved by binding arbitration in the Republic of Albania. The legal seat shall be Tirana, Albania, and the proceedings shall be conducted in English. The arbitrator’s award shall be final and binding.
   1. The Company retains the right to seek injunctive or equitable relief before any competent court to protect the Company’s intellectual property rights or the security of the Platform.
   1. To the fullest extent permitted by applicable law, each User agrees that any Dispute shall be brought solely on an individual basis and waives any right to participate in any class, collective, or representative action against the Company.
   1. Nothing in this clause shall exclude or restrict mandatory consumer protection rights that cannot be waived by contract under applicable law.
2. GOVERNING LAW; JURISDICTION
   1. These Terms, and any dispute or claim arising out of or in connection with them or the Platform, shall be governed by and construed in accordance with the laws of the Republic of Albania.
   1. The courts of Tirana, Albania, shall have exclusive jurisdiction to hear and determine any action or proceeding that may arise out of or in connection with these Terms or the use of the Platform.
   1. Users accessing the Platform from outside Albania agree that they are not entitled to the protection of any foreign consumer, data, or regulatory regimes except where required by mandatory law.
3. NOTICES
   1. Notice to Us: Any notice from you to the Company shall be sent via the email address [email protected].
   1. Notice to You: Any notice from the Company to you shall be deemed delivered when sent electronically via the Platform’s notification system or to the email address provided during your interaction with the Platform. By using the Platform, you consent to receive notices in electronic form.
4. AMENDMENTS
   1. The Company reserves the right, at its sole discretion, to amend, modify, or update these Terms at any time, in whole or in part.
   1. The Company may provide notice of any material amendments by posting the revised Terms on the Platform, sending an email notification to Users, or by other reasonable means. It is the responsibility of Users to review the Terms periodically to stay informed of any updates.
   1. By continuing to access the Platform after any amendments have been posted, Users agree to be bound by the revised Terms. If a User does not agree with an amendment, they must discontinue use of the Platform.
5. ACCEPTANCE OF TERMS

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Platform.

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