This Non-Disclosure Agreement (the "Agreement") is between S.O.T. School of Trading Inc. (the "Company", "School of Trading", "we") and each person who is given access to the School of Trading members' dashboard, Discord community, classes, or other member-only services (the "Member", "you"). The Company gives you access so that you can learn to trade. In return, you agree to protect the Company's Confidential Information and the privacy of other Members as set out below. This Agreement forms part of, and is in addition to, the Terms & Conditions and the Copyright & Intellectual Property Notice.
"Confidential Information" means all information, in any form, that you see, hear, receive, or access through your membership and that is not publicly available, including, without limitation:
Information is Confidential Information whether or not it is marked "confidential".
This Agreement does not apply to information that you can show: (a) is or becomes public through no fault of yours; (b) you already knew lawfully before you received it from the Company, without a duty of confidentiality; (c) you received lawfully from a third party who was free to share it; or (d) you developed independently, without using any Confidential Information. General trading knowledge that is widely available in public books and websites is not Confidential Information, but the Company's particular selection, arrangement, explanation, and application of it is.
You agree that you will:
School of Trading is a private community. You will not reveal to anyone outside the community the identity of any Member, or any Member's trades, results, account balances, journals, messages, voice notes, images, or personal information, and you will not use any such information to contact, solicit, embarrass, or harm a Member outside the community. Sharing your own results and experiences is allowed, as long as it does not disclose other Confidential Information.
If a court, regulator, or law requires you to disclose Confidential Information, you may disclose only the part that is legally required. Where the law allows, you will first give the Company prompt written notice so that it can seek a protective order or other remedy, and you will reasonably cooperate with it.
Your obligations begin when you first access any Confidential Information and continue during your membership and for five (5) years after your membership ends for any reason. Obligations relating to trade secrets continue for as long as the information remains a trade secret, and obligations relating to other Members' personal information continue indefinitely.
When your membership ends, or at any time the Company asks, you will stop using and permanently delete or destroy any Confidential Information in your possession, including notes that reproduce it, and confirm this in writing if asked.
All Confidential Information remains the property of the Company (or, for Member information, of the relevant Member). Nothing in this Agreement gives you any ownership of, or licence to, Confidential Information beyond the limited personal-learning use described in Section 4 and in the Copyright & Intellectual Property Notice.
You acknowledge that unauthorized disclosure or use of Confidential Information would cause the Company and its Members irreparable harm that money alone could not fully repair. If you breach or threaten to breach this Agreement, the Company may, in addition to any other right or remedy: (a) suspend or end your membership immediately, without refund; (b) seek interim and permanent injunctions without having to prove actual damages, to the extent permitted by law; and (c) claim damages, an accounting of profits, and its legal costs. These remedies are cumulative.
Nothing in this Agreement prevents you from reporting a possible violation of law to a government agency, regulator, or law-enforcement authority, from cooperating with an investigation, from giving truthful testimony when legally required, or from exercising any right that cannot lawfully be waived. You do not need the Company's permission to do any of these things.
You accept this Agreement electronically by ticking the confidentiality box and typing your full legal name in the members' agreement shown on the dashboard. You agree that this has the same effect as a handwritten signature under the Electronic Transactions Act (British Columbia) and similar laws. The Company records the version you accepted, your typed name, the date and time, and technical details such as your IP address and browser, and a copy is posted to your private desk channel. If you are under the age of majority where you live, a parent or legal guardian must accept on your behalf.
This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, and is subject to the dispute-resolution provisions of the Terms & Conditions. If any part is found unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect. The Company's failure to enforce any provision is not a waiver. Sections 4 to 13 survive the end of your membership. The Company may update this Agreement; when it does, you will be asked to accept the new version before you continue using the dashboard. Where this Agreement and another Company document both protect the same information, the provision that gives the greater protection applies.