Terms of Service for InvestDEFY Technologies Inc. Platform
Introduction
Welcome to the InvestDEFY Platform, a Software-as-a-Service ("SaaS") platform providing proprietary data, analytics, and model design features. By accessing and using our website located at https://investdefy.com, its sub-domains, our application programming interface (API), and our services (collectively, the "Services"), you confirm that you accept these Terms of Service (the "Terms"), the Privacy and Cookie Policy on our website and agree to comply with them. If you do not agree, you must not use our Services.
Modification of Terms
We reserve the right, at our sole discretion, to modify, add, or remove portions of these Terms at any time. Any changes to the Terms will be effective immediately upon posting on the website. If we make changes that we deem material, we will endeavor to notify you either by email or by posting a notice on the website. However, failure to receive such a notice does not impact the validity of the provision. It's your responsibility to check these Terms periodically for changes. By continuing to use the Services after changes are made, you agree to be bound by the revised Terms.
1. Proprietary Rights
1.1 All content available through our Services including, but not limited to data, designs, graphics, illustrations, logos, analytics, downloadable data or files, tools, applications, model design features, data testing, AI features and other interactive features, including the ability to modify graphs (the "Materials") are protected by intellectual property laws including copyright and trademarks.
1.2 The rights, titles, and interests to the Materials are owned by or licensed to us. Unauthorized use of any Materials is strictly prohibited without our prior written consent.
2. Conditions of Use
2.1 Users must comply with all applicable laws, rules, and regulations when using our Services.
2.2 You agree not to store, archive, reproduce, distribute, modify, display, perform, publish, license, offer for sale, or use (except as explicitly authorized in these Terms) any Material or any other content and information contained on or obtained from or through the Services.
2.3 You agree not to "mirror" or frame this Website, any part thereof, or any information or materials contained in this Website on any other server, website, or webpage.
2.4 You agree not to create any derivative work from the Materials, nor decompile, reverse-engineer, or disassemble the Materials.
2.5 You agree not to attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to any of our servers or to any of the Services, through hacking, password mining, or any other means.
2.6 You agree not to use or attempt to use another user's account and you agree to prevent your account from being used by any other person.
2.7 You agree not to use the Services in any manner that could damage, disable, overburden, impair, or otherwise interfere with any of our servers, or the networks connected to any of our servers, or interfere with any other party's access and use of the Services.
2.8 You agree not to use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring, scraping, data mining, data extraction, data harvesting, or copying any material.
2.9 You agree only to interact with the Services through a regular web browser and/or through the API.
2.10 You agree not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful.
2.11 You agree not to post, promote, or transmit through the Services any information, data, text, messages, or other materials that is unlawful, libelous, defamatory, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
2.12 You agree not to impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity on the Services.
2.13 You agree not to use the Services, directly or indirectly, in any manner that would otherwise compete with our business, directly or indirectly or could negatively impact our ability to realize revenues in connection with the Services.
3. Your Use of the Services
3.1 You acknowledge that we are not responsible for any financial or investment decisions made based on the Services provided.
3.2 Our Services may offer projections and other information about potential future events. These are estimates and are not guarantees of future performance.
3.3 We do not provide financial advice, and nothing on our Services should be construed as such.
4. Membership and Pricing
4.1 We have in place a number of membership plans with varying features and pricing.
4.2 All fees are on a pre-paid basis. Payments are non-refundable and we do not provide refunds or credits for any unused membership periods.
4.3 We may adjust the benefits, features, and/or pricing of our membership plans from time to time.
5. Right to Suspend
5.1 We may, in our sole discretion, temporarily suspend access to the Services in the event of degradation or instability of our system, an emergency, or as part of routine maintenance.
6. Third-Party Content and Links
6.1 Our Services may contain content provided by third parties or links to third-party websites. We are not responsible for third-party content, sites, or their terms and conditions.
6.2 You acknowledge that third-party sites are not under our control, and we are not responsible for their content, products, or services.
7. Third-Party Advertising
7.1 We may allow third-party advertisers to place or deliver advertisements on the Website.
7.2 We are not responsible for the contents of such advertisements or for your interactions with them.
8. Disclaimers, Limitation of Liability, and Indemnity
8.1 Our Services are provided "as is" and "as available." We make no representations or warranties of any kind regarding their completeness, accuracy, currency, reliability, availability, or that it will meet your needs or expectations.
8.2 We are not responsible or liable for any losses, damages, costs, or expenses of any kind arising out of or related to the unavailability of our Services, whether temporary or prolonged.
8.3 You acknowledge that any decisions or actions taken based on data, analytics, use of tools or other information provided by our Services are your sole responsibility. We are not responsible or liable for any losses or damages arising out of or related to investment decisions or actions you take based on or connected in any way to the Materials or Services provided.
8.4 We are not responsible or liable for any losses, damages, costs, or expenses arising out of or related to inaccuracies, incompleteness, or delays in data, analytics, Materials or any other content provided through our Services.
8.5 Our Services may provide predictive analytics or features based on artificial intelligence. These are provided for informational purposes only and are not guarantees of future events or performances. We are not responsible or liable for any decisions, actions, losses, or damages arising out of or related to your reliance on these predictive or AI-based features.
8.6 We will not be liable for direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages.
8.7 You agree to indemnify and hold us, our affiliates, officers, agents, and employees, harmless from any claims, demands, losses, damages, costs, and expenses, including legal fees, arising out of your use of our Services, your violation of these Terms, or your infringement of any third party's rights.
8.8 We are not responsible or liable for any unauthorized access to, or use of, our Services, servers, and/or any personal information stored therein; any interruption or cessation of transmission to or from our Services; any malicious software which may be transmitted to or through our Services by any third party; or any errors, inaccuracies, or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through our Services.
9. Governing Law and Jurisdiction
9.1 These Terms are governed by and construed under the laws of the Province of British Columbia, Canada and the laws of Canada.
9.2 By using our Services, you agree to submit to the exclusive jurisdiction of the Courts of the Province of British Columbia, Canada.
10. Acknowledgment and Electronic Signature
By clicking on the "Accept" button below:
You acknowledge and agree that this action has the same validity and effect as attaching an original signature. Your electronic signature is legally binding, just as if you signed a physical document.
You represent and warrant that you have the legal capacity to enter into this contract. You further represent that by entering into these Terms of Service, you will not be violating any laws, regulations, or obligations you have to third parties. We are entitled to rely on these representations and warranties and do so fully.
You confirm that you have read, understood, and agree to be bound by ALL of these Terms of Service. You further acknowledge that you understand how to use the Materials and other content provided as part of the Services.
We encourage you to seek independent legal advice to review these Terms of Service. By accepting these Terms, you acknowledge and agree that you have had the opportunity to seek such independent legal advice and have done so to the extent you deemed necessary.
Updated October 18, 2023