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Barky

Terms of Service

Barkworthy Notes Terms of Service

Last Updated: May 16, 2025

Welcome to Barkworthy Notes. These Terms of Service (“Terms”) govern your access to and use of our Services, including our website (https://thebarkworthynotes.com), blogs, email newsletters, social media accounts (e.g., X, TikTok, YouTube), Discord servers, Substack trade plans, trading courses, videos, podcasts, live streams, and any other current or future platforms (collectively, “Services”). By accessing, reading, subscribing to, or using our Services, you agree to be bound by these Terms, our Disclaimer, Privacy Policy, Affiliate Disclosure Policy, and Refund Policy, collectively referred to as the “Agreements.”

As a business registered in Norway, we comply with the General Data Protection Regulation (GDPR), the EU Consumer Rights Directive (2011/83/EU), and applicable U.S. laws, such as the California Consumer Legal Remedies Act. If you do not agree to these Terms or the Agreements, please do not access or use our Services.

1. Nature of Services

Our Services provide entertainment, educational, and informational content focused on trading concepts, strategies, and psychology, as outlined in our Disclaimer’s Section 1. They are not investment advice, recommendations, or solicitations to buy or sell securities, futures, options, forex, or derivatives. You acknowledge that:

  • Trading involves substantial risks, and you are solely responsible for your decisions, per our Disclaimer’s Section 2.
  • Content, including trade plans and courses, is hypothetical and for educational purposes, per our Disclaimer’s Section 3.

2. Eligibility

To use our Services, you must:

  • Be at least 18 years old, as trading education is unsuitable for minors due to its risks, per our Disclaimer’s Section 2.
  • Have the legal capacity to enter into these Terms under applicable law.
  • Comply with all applicable laws, including those in your jurisdiction and Norway (for EEA users) or New York (for U.S. users, per our Disclaimer’s Section 17).

3. Subscription and Access

Access to certain Services (e.g., Substack trade plans, Discord communities, trading courses) requires a subscription (e.g., monthly or annual payments). By subscribing:

  • You agree to pay recurring fees as outlined during checkout (e.g., via Substack, Discord, or other platforms).
  • You consent to immediate access to digital content, which may waive your 14-day cooling-off period for EEA users under the EU Consumer Rights Directive, as noted in our Refund Policy’s Section 3.
  • Subscriptions are non-refundable except as legally required, per our Refund Policy.
  • You may cancel at any time to prevent future charges, with access continuing until the billing cycle ends, per our Refund Policy’s Section 5.

We reserve the right to modify subscription terms, pricing, or content access, with notice via Substack, email, or our website. Continued use after changes implies consent, per our Disclaimer’s Section 20.

4. User Conduct

You agree to use our Services responsibly and lawfully. You must not:

  • Post, transmit, or share content that is inaccurate, offensive, inappropriate, obscene, unlawful, or otherwise objectionable, including unregistered investment advice or misleading trading claims, per our Disclaimer’s Section 13.
  • Engage in conduct, online or offline, that violates laws, harms others, or disrupts our Services (e.g., harassment, fraud, spamming in Discord or Substack comments).
  • Attempt to access, modify, or disrupt our systems, servers, or content (e.g., hacking, unauthorized data scraping).
  • Misrepresent our content as investment advice or guarantees of profit, contrary to our Disclaimer’s Section 1.
  • Share your subscription access (e.g., Substack login, Discord invite) with others without permission.

We may moderate user-generated content (e.g., comments, posts) and reserve the right to remove content or suspend/terminate your access for violations, without liability, per our Disclaimer’s Section 13.

5. Intellectual Property

All content provided through our Services (e.g., trade plans, courses, videos, newsletters) is owned by Barkworthy Notes or its licensors and protected by copyright, trademark, and other intellectual property laws. You may:

  • Use content for personal, non-commercial educational purposes during your active subscription.
  • Not reproduce, distribute, modify, or create derivative works from our content without written permission, except as permitted by law.

You grant us a non-exclusive, worldwide, royalty-free license to use, display, and moderate user-generated content (e.g., Discord posts, Substack comments) in connection with our Services, subject to our Privacy Policy.

6. Third-Party and Affiliate Content

Our Services may include third-party content (e.g., YouTube embeds, TradingView charts) or affiliate links (e.g., TradingView, Substack referrals), as disclosed in our Affiliate Disclosure Policy. We are not responsible for third-party content, services, or practices, including their accuracy, availability, or privacy policies, per our Disclaimer’s Section 13. Third-party subscriptions (e.g., TradingView) are governed by their terms and refund policies, per our Refund Policy’s Section 6.

7. Liability and Indemnification

You use our Services at your own risk, as outlined in our Disclaimer’s Section 13. Barkworthy Notes, its employees, owners, officers, agents, advisors, affiliates, and representatives are not liable for any losses, damages, or claims arising from:

  • Your use of or reliance on our Services, including trading losses, technical issues, or content inaccuracies.
  • User-generated, third-party, or technically caused content, or user conduct, whether online or offline.
  • Subscription disputes, access interruptions, or data breaches, except as required by law.

By using our Services, you agree to indemnify and hold harmless Barkworthy Notes and its associated parties from any claims, losses, or damages arising from your use, reliance, or conduct, per our Disclaimer’s Section 13.

8. Termination

We may suspend or terminate your access to our Services, with or without notice, for:

  • Violation of these Terms or the Agreements (e.g., unlawful conduct, non-payment).
  • Legal or safety reasons (e.g., regulatory compliance, platform security).
  • Inactivity or discontinuation of Services (e.g., Substack plan retirement).

Upon termination, your subscription access ends, and no refunds are provided for unused periods unless legally required, per our Refund Policy. Sections 5 (Intellectual Property), 7 (Liability and Indemnification), and 10 (Governing Law) survive termination.

9. Modifications to Services

We may modify, suspend, or discontinue any part of our Services (e.g., Substack plans, Discord features) at our discretion, with or without notice. We are not liable for changes affecting your access, per our Disclaimer’s Section 13. Significant changes will be communicated via Substack, email, or our website.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of New York, USA, per our Disclaimer’s Section 17, for U.S. users, and Norwegian law for EEA users, per our Disclaimer’s Section 16, particularly for GDPR and consumer protections. Any disputes will be resolved in:

  • New York Courts: For U.S. users, in competent courts in New York, unless otherwise required by law.
  • Norwegian/EU Courts: For EEA users, in Norway or your local jurisdiction, per EU consumer laws.

You agree to attempt informal resolution by contacting us at barky@thebarkworthynotes.com before pursuing legal action. EEA users may use the EU Online Dispute Resolution platform or contact the Norwegian Consumer Authority.

11. Updates to These Terms

We may update these Terms periodically to reflect changes in our Services, regulations, or practices. The latest version will be posted at https://thebarkworthynotes.com/terms-of-service, with significant changes notified via Substack, email, or social media. Continued use after updates implies consent, per our Disclaimer’s Section 20.

12. Contact Us

For questions, concerns, or disputes, contact us at barky@thebarkworthynotes.com. EEA users may contact the Norwegian Data Protection Authority (Datatilsynet) or Consumer Authority. U.S. users may contact relevant state authorities (e.g., California Attorney General).

13. Acknowledgment

By accessing, reading, subscribing to, or using our Services through any publication channels, you expressly agree and acknowledge that you have read, understood, and consent to these Terms, the Disclaimer, Privacy Policy, Affiliate Disclosure Policy, and Refund Policy. If you do not agree, please do not access or use our Services.