Terms of Service

For purposes of these Terms, the following definitions shall apply:

2.1 Agreement to Terms

By accessing, browsing, or using the Service in any manner, including but not limited to visiting or browsing the website, registering for an account, or accessing any content or functionality, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms in their entirety, you are expressly prohibited from accessing or using the Service and must discontinue use immediately.

2.2 Eligibility

You represent and warrant that you: (a) are at least 18 years of age or the age of majority in your jurisdiction; (b) have the legal capacity to enter into binding contracts; (c) are not prohibited from using the Service under applicable laws; and (d) will comply with these Terms and all applicable local, state, national, and international laws and regulations.

2.3 Modifications to Terms

InvestAware reserves the right to modify, amend, or update these Terms at any time in its sole discretion. We will provide notice of material changes by: (a) posting the updated Terms on the Service with a new "Last Updated" date; (b) sending email notification to the address associated with your account; or (c) providing notice through the Service interface.

Material changes will be effective thirty (30) days after notice is provided. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Service.

Non-material changes, including technical corrections and clarifications, will be effective immediately upon posting.

3.1 Nature of Service

3.2 Accuracy and Performance Disclaimers

You expressly acknowledge, understand, and agree that:

• All accuracy percentages, performance metrics, and historical data displayed on the Service represent past performance only and do not guarantee, predict, or indicate future results or performance.
• Stock market predictions involve inherent uncertainties, risks, and variables that cannot be fully anticipated or modeled by any algorithm or analytical method.
• Predictions are based on historical data, current market conditions, and computational models that may not account for unexpected events, market disruptions, regulatory changes, or other unforeseen circumstances.
• No prediction methodology, including machine learning and artificial intelligence, can accurately forecast future market movements with absolute certainty or reliability.
• Market conditions, sentiment, and other factors analyzed by the Service can change rapidly and without warning, rendering previous predictions obsolete or inaccurate.

3.3 No Guaranteed Results

InvestAware expressly disclaims and makes no representations, warranties, or guarantees regarding:

3.4 Not Financial Advice

4.1 Independent Investigation and Due Diligence

You acknowledge and agree that you shall:

4.2 Acknowledgment of Responsibility

You expressly acknowledge and agree that:

• All investment and trading decisions are made entirely at your own discretion, risk, and responsibility
• You are solely responsible for any financial losses, damages, or adverse consequences resulting from investment decisions
• Past performance of predictions or the Service does not indicate or guarantee future results
• You have sufficient financial resources and risk tolerance to absorb potential losses
• You understand that the Service provides analytical tools and information, not investment strategies or guaranteed approaches

4.3 Prohibited Conduct

You agree not to:

• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Violate any applicable local, state, national, or international law or regulation
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Transmit any viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service, other user accounts, or computer systems
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any automated system, including robots or scrapers, to access the Service without our express written permission
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Service
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

4.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify InvestAware of any unauthorized use of your account or any other breach of security. InvestAware shall not be liable for any loss or damage arising from your failure to protect your account information.

5.1 Ownership of Service

The Service and all content, features, and functionality, including but not limited to:

are owned exclusively by InvestAware, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License Grant

Subject to your compliance with these Terms, InvestAware grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial use in accordance with these Terms.

This license does not include any right to: (a) resell or make commercial use of the Service; (b) modify, adapt, or create derivative works based upon the Service; (c) download, copy, or store any portion of the Service except as expressly permitted; (d) use any data mining, robots, or similar data gathering or extraction methods; or (e) use the Service in any manner that could damage, disable, overburden, or impair the Service.

5.3 Restrictions on Use

You shall not, and shall not permit any third party to:

• Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Service for any commercial purpose
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or trade secrets embodied in the Service
• Remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) displayed on or through the Service
• Use the Service or any content from the Service to create a competing product or service
• Frame or mirror any content forming part of the Service without prior written authorization

5.4 Trade Secrets Protection

The algorithms, methodologies, data processing techniques, and predictive models used by the Service constitute valuable trade secrets of InvestAware. Any unauthorized access to, use of, or disclosure of such trade secrets is strictly prohibited and may result in immediate termination of your access, legal action, and claims for damages.

5.5 User Content License

By submitting User Content to the Service, you grant InvestAware a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating and providing the Service. This license survives termination of your account or these Terms.

6.1 Data Sources and Collection

The Service utilizes data from various sources, including but not limited to:

6.2 Data Accuracy and Reliability

While InvestAware makes commercially reasonable efforts to use reliable data sources, we do not guarantee, warrant, or make any representations regarding:

• The complete accuracy, reliability, timeliness, or completeness of external data sources
• The absence of errors, omissions, or inaccuracies in data processing or analysis
• The comprehensive coverage of all relevant market information or factors
• The continued availability or reliability of third-party data providers

6.3 Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in our Privacy Policy. Please review our Privacy Policy carefully to understand how we handle your personal information.

6.4 Analytics and Usage Data

InvestAware may collect and analyze usage data, analytics, and other information about how you use the Service to improve functionality, develop new features, and enhance user experience. This data may be aggregated and anonymized for research, marketing, and business intelligence purposes.

7.2 Maximum Aggregate Liability Cap

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE INVESTAWARE PARTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF:

7.3 Acknowledgment of Liability Limitations

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND INVESTAWARE, AND THAT INVESTAWARE WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or certain other limitations of liability. In such jurisdictions, the liability of the InvestAware Parties shall be limited to the maximum extent permitted by applicable law, and the exclusions and limitations in this Section shall be applied to the fullest extent enforceable under applicable law.

8.1 Subscription Plans and Fees

InvestAware offers various subscription tiers with different features and pricing. Subscription options may include:

Current pricing is displayed on our website and may be changed at InvestAware's sole discretion.

8.2 Payment Obligations

By subscribing to the Service, you agree to:

• Provide accurate, complete, and current billing and payment information
• Ensure timely payment of all subscription fees when due
• Maintain a valid payment method on file with InvestAware or our payment processor
• Pay all applicable taxes, including sales, use, value-added, or other governmental taxes or fees
• Be responsible for all charges incurred under your account
• Promptly update account information upon any changes to payment methods or billing information

8.3 Automatic Renewal and Billing

SUBSCRIPTIONS AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL) UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE RENEWAL DATE. Your payment method will be automatically charged at the then-current subscription rate, plus applicable taxes, on each renewal date unless you cancel.

You authorize InvestAware and its payment processors to charge your designated payment method on a recurring basis for all applicable fees. By subscribing, you authorize InvestAware to store your payment method information and to charge it automatically upon renewal.

8.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will be effective at the end of the current billing period. You will continue to have access to the Service until the end of your paid subscription period.

InvestAware does not provide refunds or credits for partial subscription periods. Upon cancellation, your subscription will not renew, but you will not receive a prorated refund for any unused portion of your subscription term.

8.5 Refund Policy

8.6 Payment Processing

InvestAware uses secure third-party payment processors to process payments. By providing payment information, you authorize InvestAware and its designated payment processors to charge the specified payment method for all fees. You must comply with any applicable terms and conditions of our payment processors.

8.7 Payment Failures and Account Suspension

If payment cannot be processed for any reason (including insufficient funds, expired payment method, or payment method rejection), InvestAware reserves the right to:

• Suspend or restrict your access to the Service immediately
• Terminate your account and subscription
• Charge late fees or administrative fees as permitted by law
• Pursue collection of outstanding amounts through appropriate legal means
• Report delinquent accounts to credit reporting agencies

8.8 Price Changes

InvestAware reserves the right to modify subscription prices, add new fees, or change existing fees at any time in its sole discretion. We will provide notice of material price changes by email to the address associated with your account at least thirty (30) days before the effective date of the change.

Price changes will take effect on your next billing cycle following the notice period. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the modified fees. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.

8.9 Payment Disputes and Chargebacks

If you have any concerns or disputes regarding charges, you must contact InvestAware customer support in writing within thirty (30) days of the charge. Disputes not raised within this period are deemed waived.

8.10 Taxes

You are responsible for determining and paying any applicable taxes, duties, or other governmental charges related to your use of the Service. All fees are exclusive of taxes unless otherwise stated. If InvestAware is required to collect or pay taxes for which you are responsible, such amounts will be charged to your payment method or you will be invoiced for payment.

9.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless the InvestAware Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising from or related to:

• Your access to or use of the Service
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any investment decisions made using information or predictions from the Service
• Financial losses or damages incurred as a result of relying on the Service
• Any User Content you submit or transmit through the Service
• Any fraudulent, negligent, or intentional misconduct by you
• Claims by third parties arising from your use of the Service

9.2 Defense and Settlement

Upon becoming aware of a claim subject to indemnification, InvestAware will provide you with written notice. You agree to assume control of the defense and settlement of any such claim at your expense, provided that: (a) you may not settle any claim without InvestAware's prior written consent if such settlement imposes any obligation or liability on InvestAware; and (b) InvestAware may participate in the defense at its own expense.

Your indemnification obligations shall survive the termination or expiration of these Terms.

10.1 Confidential Information

"Confidential Information" means any non-public information disclosed by InvestAware, including but not limited to algorithms, methodologies, business strategies, technical data, source code, financial information, customer data, and any other proprietary information related to the Service.

You agree to maintain the confidentiality of all Confidential Information and not to disclose, publish, or disseminate such information to any third party without InvestAware's prior written consent.

10.2 Prohibited Activities

10.3 Remedies for Breach

You acknowledge that any breach of confidentiality obligations or unauthorized use of proprietary information may cause irreparable harm to InvestAware for which monetary damages would be an inadequate remedy. Accordingly, InvestAware shall be entitled to seek equitable relief, including injunctive relief and specific performance, in addition to all other remedies available at law or in equity.

11.1 Termination by InvestAware

InvestAware reserves the right, in its sole and absolute discretion, to:

• Terminate, suspend, or restrict your access to the Service immediately and without prior notice for any reason or no reason
• Modify, discontinue, or cease offering the Service or any features thereof at any time without notice or liability
• Refuse service to any user for any reason or no reason
• Remove or delete any User Content from the Service
• Take any action deemed necessary to protect the Service, other users, or InvestAware's interests

11.2 Termination for Cause

Without limiting the foregoing, InvestAware may immediately terminate or suspend your access if:

• You breach any provision of these Terms
• Your payment fails or your account becomes delinquent
• You engage in fraudulent, illegal, or abusive conduct
• You violate applicable laws or regulations
• You attempt to circumvent security measures or access restrictions
• Your actions harm or threaten to harm InvestAware, other users, or third parties

11.3 Termination by You

You may terminate your account at any time by following the cancellation procedures outlined in Section 8.4. Termination does not relieve you of any obligations to pay outstanding fees or charges incurred prior to termination.

11.4 Effect of Termination

Upon termination or expiration of your account or these Terms:

• Your right to access and use the Service immediately ceases
• InvestAware may delete your account, User Content, and any associated data without liability
• You remain liable for all fees and charges incurred prior to termination
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, liability limitations, and dispute resolution provisions

11.5 No Liability for Termination

InvestAware shall not be liable to you or any third party for any termination or suspension of your access to the Service, and you waive any claims against InvestAware arising from such termination or suspension.

12.2 No Warranty of Results

INVESTAWARE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING:

• The accuracy, reliability, timeliness, or completeness of any predictions, analyses, or content
• The suitability of the Service or any predictions for your investment objectives or financial situation
• The achievement of any particular investment results or outcomes
• The prevention or avoidance of investment losses
• The availability, functionality, or performance of the Service at any particular time
• The absence of viruses, malware, or other harmful components
• The correction of any errors or defects in the Service

12.3 Risk Acknowledgment

12.4 Third-Party Content and Services

The Service may contain links to third-party websites, services, or content. InvestAware does not endorse, warrant, or assume any responsibility for any third-party websites, services, or content. Your use of third-party websites and services is at your own risk and subject to the terms and conditions of such third parties.

12.5 Jurisdictional Variations

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you to the extent prohibited by law, and you may have additional rights under local law. The disclaimers in this Section shall be applied to the maximum extent permitted by applicable law.

13.2 Arbitration Procedures

Arbitration shall be conducted in accordance with the following terms:

• The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules")
• The arbitration shall be conducted by a single neutral arbitrator selected in accordance with the AAA Rules
• The arbitration shall take place in Dallas County, Texas, or another location mutually agreed upon by the parties
• The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction
• The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim

13.3 CLASS ACTION WAIVER

13.4 Costs and Fees

Each party shall bear its own costs and attorneys' fees in arbitration unless the arbitrator awards such fees to the prevailing party as permitted by applicable law or the AAA Rules. InvestAware will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose.

13.5 Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@investaware.us within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of these Terms will continue to apply, but neither you nor InvestAware can require the other to participate in an arbitration proceeding.

13.6 Exceptions to Arbitration

Notwithstanding the foregoing, the following disputes shall not be subject to arbitration:

• Claims seeking injunctive or other equitable relief for the alleged unlawful use of intellectual property
• Claims that may be brought in small claims court, provided the claim remains in small claims court and proceeds only on an individual basis

13.7 Informal Resolution Requirement

Before initiating arbitration, you agree to first contact InvestAware to attempt to resolve the dispute informally by sending a written notice describing the dispute and your desired resolution to legal@investaware.us. The parties agree to negotiate in good faith for at least sixty (60) days before initiating arbitration. This informal resolution process is a prerequisite to filing any arbitration demand.

13.8 Severability of Arbitration Provisions

If any portion of this arbitration agreement is found to be unenforceable, the unenforceable portion shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class or representative arbitration).

14.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

14.2 Exclusive Jurisdiction and Venue

Subject to the arbitration provisions in Section 13, you agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Dallas County, Texas. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to jurisdiction or venue.

14.3 Waiver of Jury Trial

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by InvestAware on the Service, constitute the entire agreement between you and InvestAware regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Service.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. InvestAware's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of InvestAware to be effective.

15.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without InvestAware's prior written consent. Any attempted assignment, transfer, or delegation without such consent shall be void. InvestAware may freely assign, transfer, or delegate these Terms and its rights and obligations without restriction or notice.

15.5 Force Majeure

InvestAware shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials ("Force Majeure Event"). In the event of a Force Majeure Event, InvestAware's performance shall be excused for the duration of the event.

15.6 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and InvestAware. Neither party has the authority to bind the other or to incur any obligation on behalf of the other.

15.7 Survival

The following provisions shall survive termination or expiration of these Terms:

• Section 5 (Intellectual Property Rights)
• Section 7 (Limitations of Liability)
• Section 9 (Indemnification)
• Section 10 (Confidentiality)
• Section 12 (Disclaimers of Warranties)
• Section 13 (Dispute Resolution and Arbitration)
• Section 14 (Governing Law and Jurisdiction)
• Section 15 (Miscellaneous Provisions)
• Any other provision that by its nature should reasonably survive termination

15.8 Notice Requirements

All notices, requests, and other communications under these Terms must be in writing and shall be deemed given:

• When delivered personally
• When sent by confirmed email to the address provided
• Three (3) business days after being sent by certified or registered mail, return receipt requested
• One (1) business day after being sent by recognized overnight courier service

Notices to InvestAware should be sent to: InvestAware, Inc., Attn: Legal Department, legal@investaware.us

15.9 Headings

The section and subsection headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

15.10 Electronic Communications

By using the Service, you consent to receiving electronic communications from InvestAware. These communications may include notices about your account, transactional information, and other information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

15.11 Interpretation

In these Terms, unless the context requires otherwise: (a) the singular includes the plural and vice versa; (b) references to "includes" or "including" shall mean "including without limitation"; (c) references to a party include its permitted successors and assigns; and (d) the words "herein," "hereof," and "hereunder" refer to these Terms as a whole.

15.12 Export Compliance

The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data or any products utilizing such data in violation of United States export laws or regulations.

15.13 Government Use

If you are a U.S. government entity, the Service is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, and is licensed in accordance with these Terms.