BY SUBSCRIBING TO, OR ACCESSING OR USING, THE AlphaFinn PLATFORM OR ANY OF THE OTHER AlphaFinn SERVICES, YOU AGREE TO COMPLY WITH THESE TERMS OF USE.  IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, USER MAY NOT ACCESS THE AlphaFinn PLATFORM OR OTHERWISE USE ANY AlphaFinn SERVICES.

THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST AlphaFinn TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION PROVISION, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST AlphaFinn ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.  THESE TERMS OF USE ALSO CONTAIN OTHER LIMITATIONS ON YOU, INCLUDING LIMITATIONS ON AlphaFinn LIABILITY AND YOU SHOULD READ THESE TERMS CAREFULLY.

1. User’s Acknowledgment and Acceptance of Terms.

1.1 Agreement .  AlphaFinn (referred to as “AlphaFinn” or “us” or “we” or “Company” or similar terms) provides Users (as defined below) with access to an online platform known as the AlphaFinn Platform (the “Platform”), which provides a variety of financial related data and information.  The Platform is accessible to users via the AlphaFinn.com website (and all other AlphaFinn related websites) (collectively, the “Site”) and may be accessible via one or more AlphaFinn mobile or web applications (as further defined below, the “App”). AlphaFinn provides the Platform, the Site, App, all Content accessible thereon, and all of our other Services subject to User’s (as defined below) compliance with all the terms, conditions, policies and notices contained or referenced herein (these “Terms of Use”), as well as any other written or electronic agreement between AlphaFinn and a particular User. In addition, when using the Platform, Site, App, Content and/or other Services, Users shall be subject to any posted guidelines, rules or documentation (if any) applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines, rules or documentation are hereby incorporated by reference into these Terms of Use.  BY ACCESSING OR UTILIZING THE PLATFORM (WHETHER VIA THE SITE OR THE APP ), OR OTHERWISE ACCESSING CONTENT OR UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US (INCLUDING BY CLICKING “I AGREE” TO THESE TERMS IF PRESENTED TO YOU), YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE INCLUDING OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT AND CEASE ALL USE OF THE PLATFORM, THE SITE, THE APP AND ALL RELATED SERVICES NOW.

1.2 Effective Date; Right to Modify; Binding Effect of Continued Use .  These Terms of Use are effective as of the date that you first visit the Site, download/install/access the App (if any) or otherwise first access the Services.  AlphaFinn reserves the right to change these Terms of Use from time to time without notice to Users and any modifications or changes to these Terms of Use shall be effective upon such modification or amendment being posted. User acknowledges and agrees that it is User’s responsibility to review the Site, the App and these Terms of Use periodically and to be aware of any modifications. User’s continued use of the Services after such modifications will constitute User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

1.3 No Corporate Use .  The Services are only intended for Users acting in their individual capacity.  We do not permit Users to enter into these Terms of Use on behalf of a company or other legal entity or business. If You ARE ACTING ON BEHALF OF A COMPANY OR OTHER ENTITY, You must not accept this Agreement and may not access nor use the AlphaFinn Platform or any of our other services. USERS THAT ACCESS OR USE THE SERVICES IN VIOLATION OF THIS SECTION 1.3 SHALL BE FULLY RESPONSIBLE AND LIABLE TO US FOR ALL DAMAGES AND CLAIMS ARISING THEREFORM.

1.4 USE AT YOUR OWN RISK .

The Platform is a software AND INFORMATIONAL based tool that provides financial information and faciliates investment-related research by users.   AlphaFinn and its affiliates are not themselves financial, Investment OR BUSINESS advisors and do not themselves provide investment-related services or other PROFESSIONAL BUSINESS SERVICES or advice.  The Services and Content, INFORMATION AND DATA in the Services are PROVIDED for informational and convenience purposes only, and are not intended to provide, and should not be relied on for, investment, financial, business, tax or legal advice.  The SERVICES ARE not intended to be a substitute for professional SERVICES AND WE EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE CONTENT, INFORMATION OR DATA PROVIDED BY THE SERVICES MAY BE COMPLIANT WITH APPLICABLE INDUSTRY, REGULATORY OR LEGAL STANDARDS OR REQUIREMENTS customary in the financial services or investment advisory services industries.  Consult the services of a competent professional when you need this type of assistance.  YOU ARE SOLELY AND FULLY RESPONSIBLE AND LIABLE FOR your investment decisions and tax or financial consequences. We do not recommend or endorse any specific investment strategies or investment products OR SECURITIES that may be mentioned on, REFERENCED BY OR INCLUDED IN the Services. Reliance on any Content, information OR DATA provided by AlphaFinn or otherwise appearing on the Services is solely at your own risk.  THE DATA AND INFORMATION ACCESSED BY USER VIA THE SERVICES SHOULD NOT BE CONSTRUED AS A RECOMMENDATION by AlphaFinn or any of its affiliates TO BUY, SELL OR HOLD ANY INVESTMENT OR SECURITY OR MAKE ANY OTHER INVESTMENT DECISIONS.  IN PARTICULAR, ANY STOCK VALUATION TOOLS MADE AVAILABLE VIA THE PLATFORM ARE PROVIDED AS A CONVENIENCE ONLY AND SHOULD NOT BE RELIED UPON FOR PURPOSES OF MAKING TRADING OR INVESTMENT DECISIONS.  YOU ARE solely responsible and liable for YOUR USE of THE SERVICES, INCLUDING FOR DETERMINING THE MANNER IN WHICH YOU ACCESS AND USE THE SERVICES AND THE EXTENT TO WHICH YOU UTILIZE THE RESULTS OF THE SERVICES, including the extent to which you make investment or financial decisions based on information obtained via the services.  IN PARTICULAR, WE ASSUME NO responsibility FOR THE CORRECTNESS OR APPROPRIATENESS OF ANY information or data YOU ACCESS VIA THE SERVICES.  ALL SUCH INFORMATION AND DATA IS PROVIDED ON “AS IS” BASIS AND We recommend that you separately verify and confirm any information AND RESULTS you obtain from THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE AND OUR AFFILIATES WILL NOT be held liable for damage or injury resulting from TRADING LOSSES, LOSS OF PROFITS, LOSSES ARISING FROM access or the impossibility of access or from the use or impossibility of use of SERVICES or from the fact that you have relied on information given on SERVICES.  YOU BEAR SOLE responsibility FOR YOUR FINANCIAL AND INVESTMENT DECISIONS.

2. Definitions.  The following terms shall have the following meanings for purposes of this Agreement. Capitalized terms not defined in this Section are defined elsewhere in the Agreement.

“Affiliates” means AlphaFinn owners, officers, directors, affiliated companies, suppliers, partners, sponsors, Data Providers (as defined below), and agents and representatives, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site, the App, the Content and any of our other Services (including Apple, Google and our Data Providers).

“App” means any software applications or mobile web experiences from time to time made available by AlphaFinn for purposes of accessing the Platform and that may be downloaded, installed or made otherwise accessible on a User’s computer or mobile device via the Site, web applications,  the Apple App Store, the Google Play Store, or other similar platforms.

“Data Providers” means those certain third parties that provide information, data, content or materials to AlphaFinn that may be made available via the Services, including, without limitation, SEC.gov, St Louis Fed, OECD amongst others.

“Content,” means any content, material, information, data, instructions, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed or otherwise accessed by Users on or through the Site, App or other Services but excludes User Material. 

“Services” means (i) the Platform, (ii) the Site, (iii) the App, (iv) all Content, (v) any specific service or offering that may be provided by AlphaFinn via the Platform, the Site or the App, which may include Premium Features (as defined below), (vi) any support services and related technologies, software and/or APIs that may be provided by AlphaFinn in its sole discretion for facilitating, maintaining and monitoring your use of the foregoing, and (vii) any other services or offerings that AlphaFinn may provide from time to time via the Platform.

“User” or “you” or “your” (and similar terms) means any person or entity that visits, views, uses or accesses any portion of the Site, the App or any of the other Services.

“User Material” means the content, material, information (including financial information), data, instructions, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material that a User may import, upload or otherwise provide to the Service in connection with a User’s use of the Service.

3. Services.

3.1 Access and Use .  Subject to the terms and conditions of these Terms of Use, AlphaFinn grants you a limited, non-exclusive, non-transferable right and license to access and use the Platform, the Site, the App and the other Services solely for your personal use (subject to any particular access plan you have selected and subject to any feature or other use restrictions based on the plan or Premium Features (if any) you are paying for).  Without limiting the foregoing, AlphaFinn hereby further grants you a limited, non-exclusive, non-transferable right and license to download, install, access via the web and use (in each case, as applicable) the App on your computer and/or mobile device strictly in accordance with these Terms of Use.

3.2 Payments; Premium and Paid Features .  The AlphaFinn Platform is a fee-based subscription service.  Accordingly, in order to access and use the AlphaFinn Platform, you will need to pay all applicable subscription and access fees. AlphaFinn may also from time to time elect to charge additional fees in connection with all or a portion of the other Services, or to offer all or a portion of the other Services on a subscription basis, or may otherwise elect to restrict portions of the Site, the App or features and functionality within the Site or App, or certain other Services.  All such advanced, additional, paid and subscription-based Services are collectively referred to herein as “ Premium Features ” and payment to AlphaFinn is required for Users to access and use such Premium Features.

We will notify you of any fees associated with the Services, including any Premium Features, as well as any additional terms and conditions that might apply to such paid or subscription Services, so that you may choose whether to purchase or subscribe therefore.  If you desire to purchase or subscribe for the AlphaFinn Platform or any other paid Services, you agree to pay the rates or fees required by AlphaFinn at such time.

We may from time to time offer certain Users the ability to access and use certain Services on a free or reduced-rate trial basis. Relevant Services, time periods and rates will vary depending on promotions occurring at the time. Please note that continued use of those Services after the trial period will generally require payment of applicable rates and fees.  In particular, you may be required to provide a valid credit card when registering to access and use any Services on a free or reduced-rate trial basis.  In such case, unless you cancel the Service during your trial period, your trial access will automatically convert to a paid subscription and we will charge your credit card for all rates and fees then applicable to the relevant Services following the trial period. You acknowledge and agree with the foregoing and permit us to charge your credit card in connection with all trial Services that have so converted to paid Services .

3.3 Payment and Authorization .  If you elect to purchase or subscribe for the AlphaFinn Platform or any other Services (including any Premium Features), a valid credit card will be required for paying accounts and Services will be billed in advance in accordance with the applicable pricing schedule. AlphaFinn does not offer refunds as we have a free plan that allows you to experience AlphaFinn. You can cancel your subscription at any time and it will not auto-renew after the current billing period. Paid service will remain active for the duration of the paid period. There are no refunds even if the subscription is canceled on the same day as the autoconversion payment has gone through. Please note that users who filed a chargeback/dispute request or a claim are not eligible for a refund. The service is billed in advance on a monthly or annual basis. There will be no refunds or credits for partial months of service, or refunds for months unused with an open user account. All billing is recurring, which means you will continue to get billed until you cancel your subscription. You are solely responsible for properly canceling your AlphaFinn subscription. An email request or support ticket asking for your subscription to be canceled is not considered cancellation. You may cancel your subscription at any time by visiting the billing section of the Account Settings page. If you cancel the service before the end of your current paid up period, your subscription will remain active until the next due date. After the due date, if no payment is received, your subscription will be stopped. We do not offer refunds for initial payments. If you order the service for the first time, please make sure that the order is correct before the payment is made. We do not offer refunds for recurring monthly payments. If you have been billed for automatic monthly renewal of the Service, you can cancel the subscription to avoid billing for next months. All fees will be exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties taxes based on AlphaFinn income. You agree to pay for any taxes that might be applicable to your use of such paid Services. You agree to be billed monthly, annually or at such other installments as mutually agreed, and grant us the right to charge your credit card (or otherwise facilitate payment) with the payment information you provide us, including on a recurring basis.  You will reimburse us for any fees that we may be charged related to declined payments, and you will keep us informed of all changes to your billing information.

3.4 Data and Information from Third Party Sites .  Users may be required or allowed to link to a Google, Facebook, or Twitter account or other third party account or site in order to provide, submit or upload User Material or other information to the Services.  You expressly acknowledge and agree and grant us all necessary rights and licenses to access your User Material and other information that may be hosted on third party sites, integrate into third party APIs to access and transmit your User Material and other information to our Services, store such User Material and other information and process and use such User Material and information via the Services.  You are solely responsible for complying with all third party agreements, terms of service or other applicable legal terms and ensuring that you have the right to transmit User Material and other applicable information  to the Services and permit the Services to process the User Material and other information.

3.5 Limitations .  AlphaFinn makes the Platform and other Services available to Users via the Site and the App. AlphaFinn reserves the sole right to either modify or discontinue all or a portion of the Services, including the Site, the App and any features therein, at any time with or without notice to User. AlphaFinn shall not be liable to User or any third party should AlphaFinn exercise such right. User understands and agrees that temporary interruptions of the Services may occur as normal events.

User further understands and agrees that AlphaFinn has no control over third party networks or data streams that User may access in the course of the use of the Services.  Therefore, delays and disruption of network transmissions are completely beyond AlphaFinn control, as are the accuracy and completeness of information and data received via such third party networks or data streams. In particular, User acknowledges that AlphaFinn uses Data Providers and we are not responsible for possible errors, faults, interruptions or discontinued services caused by the Data Providers (with or without advance notice).  We do not verify any data or information received from the Data Providers and disclaim any obligation to do so.  Additionally, as a convenience to our Users, the Platform may perform currency conversions for reported company financials and stock pricing (among other things). We cannot guarantee the accuracy of the exchange rates displayed. You should confirm current rates before making any transactions that could be affected by changes in the exchange rates.

User understands and agrees that the Platform, the Site, the App and each of the other Services are provided “AS IS” and that AlphaFinn assumes no responsibility for the timeliness, deletion, missdelivery or failure to store any Content, User Material, communications or personalization settings. User understands that certain functionality and portions of the Platform, the Site, the App or other Services may only be available to certain parties and that not all functionality and portions of the Platform, the Site, App or other Services may be available to all Users.  Any new features that augment or enhance the current Services (including any Premium Features from time to time requested by a User) shall be subject to these Terms of Use.

3.6 Equipment and Requirements .  User acknowledges that certain portions or features of the Services may not be fully accessible or functional without: (i) a working computer or mobile device; a working Internet connection; (iii) a user account and/or an access/activation code or payment for Premium Features or any other Services that require payment; and (iv) other system elements, specifications, technology and/or equipment that may be specified by AlphaFinn from time to time. It is User’s responsibility to ensure that User has all required system elements.  User understands and agrees that temporary interruptions of the Services may occur as normal events. AlphaFinn may use third party providers to store, manage, and authenticate accounts and content, and to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. We are not responsible for possible issues caused by third party faults or discontinued services. AlphaFinn does not guarantee or warrant that any Content or User Material that you save, store or access through the Services will not be subject to inadvertent damage, corruption, or loss. You are encouraged to backup the files that you store or access on the Platform, the Site and/or the App. While we take data security and privacy seriously, you understand and agreed that the technical processing and transmission of the Services, including Content and User Material, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3.7 Maintenance .  Without limiting any of the other terms and conditions of this Agreement, User acknowledges that AlphaFinn may perform maintenance on the Services from time to time (when and as needed as determined by AlphaFinn in its sole discretion), which may result in service interruptions, delays, or errors. AlphaFinn will not be liable for any such interruptions, delays, errors or bugs.

3.8 Reservation of Rights .  You acknowledge and agree that the Platform, Site, App and other Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform, Site, App or Services under these Terms of Use, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms of Use. AlphaFinn and its licensors and service providers (including the Data Providers) reserve and shall respectively retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use.

4. Electronic Contracting and User Notices.

User’s affirmative act of viewing or using any portion of the Platform, the Site, the App or any of the other Services (including, without limitation, submitting any forms or communications to AlphaFinn via the Site or the App) constitutes User’s electronic signature to these Terms of Use and User’s consent to enter into agreements with AlphaFinn electronically. User also agrees that AlphaFinn may, but has no obligation to, send to User in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”).  AlphaFinn can send User electronic Notices (i) to the e-mail address that User provided to AlphaFinn (if any), or (ii) by posting the Notice through the Platform, the Site and/or the App.  The delivery of any Notice from AlphaFinn is effective when sent or posted by AlphaFinn, regardless of whether User reads or views the Notice when User receives it or whether User actually receives the delivery.  User can withdraw User’s consent to receive Notices electronically by discontinuing User’s use of the Services. User can retrieve an electronic copy of this contract by clicking on the “Terms of Use” link on the Platform.  All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

All questions, complaints, claims or other notices to AlphaFinn shall be in writing and shall be made via email using any contact functions made available via the Platform. 

Any notices or communication under these Terms of Use will be deemed delivered to AlphaFinn on the delivery date.

5. User Requirements & Restrictions.

5.1 Accuracy; Security . User agrees to: (i) provide true, accurate, current and complete information about User as prompted by AlphaFinn forms and in any other related document or agreement; (ii) to maintain and update User’s information to keep it true, accurate, current, and complete. User acknowledges that, if any information provided by User is untrue, inaccurate, not current, or incomplete, AlphaFinn reserves the right to terminate User’s use of the Services and withdraw any offer or agreement.  You agree to keep your account information, including your login and password, secure and not to share it with any third party.  You are solely responsible for the maintaining the security of your account.

5.2 Restrictions .  While using Services, you agree that you will not: (i) violate any laws, third party rights or our policies; (ii) use our Services or submit any of our forms if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our Services; (iii) manipulate the Site, the App, the other Services, email responses or interfere with any other users use of the Services; (iv) provide false, inaccurate, misleading, defamatory, or libelous information or content; (v) spoof or create any emails, content, correspondence or other information from us, including fake or fraudulent acceptances or offers; (vi) create any competitive service or feature (or otherwise establish a competitive business) based on, in whole or in part, any content on the Platform, the Site or the App or any of our other Services or business ideas, (vii) distribute viruses or any other technologies that may harm Company, or the interests or property of our other users; (viii) copy, modify, or distribute rights or content from the Platform, the Site or the App or commercialize any of our Services or any information or software provided with such Services; (ix) harvest or otherwise collect information about our users, including email addresses, without their consent; (x)  use the Services to gain unauthorized access to AlphaFinn network(s) or server(s); (xi) interfere with any User’s use and enjoyment of the Platform, the Site, the App or other Services; (xii) violate the intellectual property rights, including but not limited to, copyrights, trademark rights, trade secrets or patents of any person or entity. This description of prohibited conduct is not intended to be exhaustive, and AlphaFinn has sole discretion to determine what constitutes prohibited conduct for Users. Users who violate system or network security may incur criminal or civil liability. 

5.3 Age for Use of the Services . User must be 18 years of age or older to visit or use any of the Services in any manner. By visiting the Site, using the App, receiving any of the other Services or otherwise accepting these Terms of Use, User represents and warrants to AlphaFinn that User is 18 years of age or older, and that User has the right, authority and capacity to agree to and abide by these Terms of Use. User also represents and warrants to AlphaFinn that Users will use the Services in a manner consistent with any and all applicable laws and regulations.

5.4 Remote Monitoring . AlphaFinn shall have the right and ability to monitor use of the Services remotely and/or electronically to confirm the number of users (if, to the extent applicable, pricing is based on number of users) using the Services and to otherwise verify User’s compliance with the terms of this Agreement.

5.5 Telemetry and Remote Collection .  User acknowledges and agrees that the Site, the App and/or certain other Services, and/or certain Premium Features that may be available on the Site or the App or via Services, may transmit to AlphaFinn (and AlphaFinn may collect and use) certain data and information related to the Site, the App or the Services, including as related to its operation and use.

5.6 Remote Disablement .  In the event that User does not pay any fees due for the Services (to the extent applicable), or for the Premium Features, when due or User is otherwise in material breach of the terms of this Agreement, User acknowledges and agrees that AlphaFinn may remotely disable or terminate use of the Platform, the Site, the App or other Services and/or Premium Features.

6. Data and Privacy.

6.1 Privacy Policy . The information AlphaFinn obtains through User’s use of the Site, the App and the other Services, including User information, is subject to AlphaFinn Privacy Policy , which is specifically incorporated by reference into these Terms of Use.

6.2 User Material . You are responsible for all User Material submitted to the Platform, the Site, the App or any of the other Services and any activity that occurs under your account.  You shall be solely responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use your User Material.  AlphaFinn shall not be responsible for any data, information or material that you authorize us to retrieve or that you submit to the Services in the course of using the Services.  AlphaFinn does not pre-screen, verify, confirm or otherwise authorize User Material. However, AlphaFinn and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any User Material that is processed by or provided to the Services. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are illegal, threatening or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.  We also may from time to time establish additional guidelines or policies applicable to any User Material submitted to the Platform or other Services, and any such guidelines or policies are hereby incorporated by reference into these Terms of Use.  You hereby agree to comply with all such additional guidelines and policies and you access and account may be terminated if you do not comply with such policies or guidelines.

6.3 License .  User acknowledges and agrees and hereby grants AlphaFinn any and all rights and licenses to: (i) access, use, process, display and manipulate any User Material and any User systems as necessary to provide, improve and monitor the Services; and (ii) use User information and User Material for its commercial and marketing purposes consistent with AlphaFinn Privacy Policy, including, without limitation, to use User information and User Material for its research and analysis purposes.

6.4 Public Access .  You understand and agree that certain information you may import to or process on the Platform, the Site, the App or other Services may become publicly available depending on your settings and whether Premium Feature or other paid Services are enabled.  You are solely responsible for monitoring what information you might make publicly available and we are not responsible or liable for any claims related to you making such information publicly available.

7. Termination.

User agrees that AlphaFinn may at any time, and at AlphaFinn sole discretion, terminate User’s access to any portion or all of the Services without prior notice to User for violating this Agreement, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities. In addition, User acknowledges that AlphaFinn will cooperate fully with investigations of violations of systems or network security at other sites.  Upon termination or suspension, regardless of the reasons therefore, User’s right to use the Platform, the Site, the App or any of the other Services immediately ceases, and User acknowledges and agrees that AlphaFinn may immediately deactivate or delete User’s account (if applicable) and all related information and files in User’s account and/or bar any further access to such files, the Platform, the Site, the App and the other Services. AlphaFinn shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by AlphaFinn in connection therewith. Applicable provisions of this Agreement shall survive any termination.

8. Third Party Sites and Information.

The Platform, the Site, the App or other portions of the Services may link Users to other sites on the Internet or otherwise include references to information, documents, software, materials, content and/or services provided by other parties (“Third Party Materials”). These Third Party Materials may contain information or material that some people may find inappropriate or offensive. These Third Party Materials (and the third parties responsible therefor) are not under AlphaFinn control, and User acknowledges that AlphaFinn is not responsible for the accuracy, completeness, validity, copyright compliance, legality, decency, or any other aspect of such Third Party Materials, nor is AlphaFinn responsible for errors or omissions in any references to other parties or their products and services. The inclusion of Third Party Materials, including any reference or link thereto, is provided merely as a convenience and does not imply endorsement of, or association with, the Platform, the Site, the App, the Services, AlphaFinn or AlphaFinn Affiliates, or any warranty of any kind, either express or implied.  You access and use all such Third Party Materials entirely at your own risk and subject to such third parties’ terms and conditions.

9. Intellectual Property Information.

9.1 AlphaFinn Ownership .  By accepting these Terms of Use, User acknowledges and agrees that the Platform, the Site, the App and each of the other Services are protected by AlphaFinn, its Affiliates’ and their respective licensors’ copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of AlphaFinn and/or its Affiliates and/or their respective licensors. Any unauthorized use of Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither AlphaFinn nor AlphaFinn Affiliates warrant or represent that User’s use of Content displayed on, or obtained through, the Services will not and does not infringe the rights of third parties. Certain of the ideas, software and processes incorporated into the Services that are available on the Platform, the Site or the App may be protected by patent applications and may prepare and file additional patent applications in selected foreign jurisdictions.

9.2 Feedback .  By submitting feedback and suggestions, you agree to grant and hereby do grant a non-exclusive, perpetual, irrevocable, worldwide and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to AlphaFinn to use to improve AlphaFinn products or services. You acknowledge that submission of feedback and suggestions is voluntarily and AlphaFinn may consider or is developing technology that is the same or similar to your feedback or suggestions.

10. User Submitted Information.

10.1 User Material .  Company agrees that the User Material is owned by User and is protected by international intellectual property laws, and that User shall solely own and retain all right, title and interest to, including all intellectual property rights in, the User Material.  User is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of all User Material, and Company assumes no responsibility for the deletion, correction, destruction, loss, infringement or failure of the Services to store any User Material. Company shall not be required to maintain a backup or copy of any User Material and Company shall have no liability for any loss of User Material, whether caused by Company, User, any third party service provider or any third party.  User shall comply with local, national and international laws and regulations applicable to the transmission or storage of data through the Services.  User is solely responsible for ensuring that it has all rights necessary to provide the User Material to AlphaFinn and the Services.  User acknowledges and agrees that no transmission or hosting of data is 100% secure and there remains a possibility that User Material may be subject to unauthorized access by hacking, malware, systems breach or other unauthorized method and User shall have no liability relating to any such breach or access.

10.2 Suspected Copyright Violations . AlphaFinn respects the intellectual property of others, and AlphaFinn asks Users to do the same. If User believes its copyright, trademark or other property rights have been infringed by the Services, User should send notification to AlphaFinn, via the contact information described herein, immediately. To be effective, the notification must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) information reasonably sufficient to permit AlphaFinn to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iii) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit AlphaFinn to locate the materials; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

11. Disclaimer of Warranties.

THE PLATFORM, THE SITE, THE APP, THE SERVICES, AND ALL CONTENT ON, AND SERVICES PROVIDED THROUGH, THE PLATFORM, THE SITE, THE APP AND/OR THE OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AlphaFinn MAKES NO WARRANTY THAT (A) THE PLATFORM, THE SITE, THE APP, THE CONTENT AND SERVICES WILL MEET USER’S REQUIREMENTS, (B) THE PLATFORM, THE SITE, THE APP, THE CONTENT AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE APP, THE SERVICES OR RESULTS OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM THE PLATFORM, THE SITE, THE APP OR THE SERVICES FROM AlphaFinn OR AlphaFinn AFFILIATES WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.  THE PLATFORM, THE SITE, THE APP, THE CONTENT AND/OR RESULTS OF THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. THE USE OF THE PLATFORM, THE SITE, THE APP, THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE AND/OR THE APP ARE DONE AT USER’S OWN DISCRETION AND RISK AND WITH USER’S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO USER’S COMPUTER SYSTEM(S) OR NETWORK(S) OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

12. Limitation of Liability.

IN NO EVENT SHALL AlphaFinn BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, TRADING LOSSES OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT AlphaFinn HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM, THE SITE, THE APP, THE SERVICES, OR ANY CONTENT, OR WEB SITE REFERENCED OR LINKED TO FROM THE PLATFORM, THE SITE OR THE APP. FURTHER, AlphaFinn SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE PLATFORM, THE SITE OR THE APP OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, THE SITE OR THE APP, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.  AlphaFinn SHALL NOT BE LIABLE FOR AND HEREBY EXPRESS DISCLAIMS ANY RESPONSIBILITY FOR ANY CLAIMS OR ACTIONS BY THIRD PARTIES WITH RESPECT TO INFRINGEMENT CLAIMS AND AlphaFinn SHALL NOT INDEMNIFY OR DEFEND USER FOR ANY CLAIMS RECEIVED FROM THIRD PARTIES WITH RESPECT TO ANY INFRINGEMENT OR PATENT MATTERS RELATED TO USER’S USE OF THE SERVICES.

13. Indemnification .

Upon a request by AlphaFinn, User agrees to defend, indemnify, and hold AlphaFinn and AlphaFinn Affiliates harmless from all liabilities, amounts, damages, claims, alleged claims, costs and expenses, including attorney’s fees, that arise from, are related to or otherwise are connected with (i) User’s use or misuse of the Platform, the Site, the App and/or any of the other Services; (ii) any misrepresentation, fraud or other act or omission that is inconsistent with the requirements of the Platform, the Site, the App or any agreements entered into between AlphaFinn and User; (iii) any breach of any provision of these Terms of Use; (iv) any violation of applicable law by User; (vi) any violation of any intellectual property rights by User, whether AlphaFinn rights or those of a third party; (vii) any User Material that User imports, uploads or otherwise provides to the Service; and (viii) any claims from any third parties that may be impacted by or arise from your use of the Services. AlphaFinn reserves the right, at AlphaFinn own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with AlphaFinn in asserting any available defenses.

14. International Use.

Although the Platform, the Site and/or the App and/or other Services may be accessible worldwide, AlphaFinn makes no representation that (i) use of, or Content on, the Platform, the Site, the App or any other Services are appropriate or available for use internationally, and (ii) use of the Platform, the Site, the App, or any other Services, or Content on the Platform, the Site or the App or made available via the Services, are compliant with foreign law. Users who choose to access the Platform, the Site, the App or other Services from other locations do so on User’s own initiative and are responsible for compliance with local laws and requirements. Any offer for any product, service, and/or information made in connection with the Platform, the Site, the App or with any of the other Services is void where prohibited.

15. Law; Venue.

User agrees that the international laws, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between User and AlphaFinn, except as otherwise stated in these Terms of Use.  All claims under these Terms of Use or related to User’s relationship with the Platform, the Site, the App or the other Services shall be brought in Lithuania, Vilnius.

16. Arbitration

16.1 Agreement to Arbitrate . This Section is referred to as the “Arbitration Agreement.” User agrees that any and all disputes or claims that have arisen or may arise between User and AlphaFinn, whether arising out of or relating to this Agreement or in connection with Users use of the Platform or other Services , shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that User may assert individual claims in small claims court, if User’s claims qualify. User agrees that, by agreeing to this Agreement, User and AlphaFinn are each waiving the right to a trial by jury or to participate in a class action. User’s rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.

16.2 Prohibition of Class and Representative Actions and Non-Individualized Relief . User and AlphaFinn agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding. Unless both User and AlphaFinn agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

16.3 Pre-Arbitration Dispute Resolution . AlphaFinn is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the participant’s satisfaction by emailing AlphaFinn support. 

16.4 Confidentiality . All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

17. Entire Agreement.

These terms and conditions together with the Privacy Policy constitute the entire agreement and understanding between AlphaFinn and User concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by User and AlphaFinn. To the extent that anything in or associated with the Platform, the Site or the App is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.  Notwithstanding the foregoing, any submission or screen on the Platform, the Site or the App related to pricing or otherwise agreed to by User related to usage limitations or pricing for the Services shall supplement these Terms of Use and apply to the User.

18. Accessing or Downloading the App from iTunes or the Apple App Store.

Over time, the App may be made available for download from Apple.  These terms will apply in such case and are in addition to all other terms contained in these Terms of Use or as applicable to you from Apple:

18.1 Acknowledgment .  You acknowledge and agree that: (i) these Terms of Use represent an agreement between, and is concluded between, you and AlphaFinn only, and not Apple; and (ii) AlphaFinn, not Apple, is solely responsible for the App and the content thereof.  Your use of the App must comply with the App Store Terms of Service and, to the extent there is a conflict between usage rules contained in these Terms of Use and those contained in the App Store Terms of Service, the usage rules from the App Store Terms of Service shall apply.

18.2 Scope of License .  Without limiting any other terms and conditions of these Terms of Use, the license granted to you hereunder for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the usage rules set forth in the Apple App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

18.3 Maintenance and Support .  AlphaFinn and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

18.4 Warranty .  In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App paid via iTune or the App Store, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App and, as between AlphaFinn and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of AlphaFinn.

18.5 Product Claims .  You and AlphaFinn acknowledge that as between AlphaFinn and Apple, AlphaFinn(and not Apple) is responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, in each case to the extent required by these Terms of Use.

18.6 Intellectual Property Rights .  You and AlphaFinn acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between AlphaFinn and Apple, AlphaFinn, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

18.7 Legal Compliance .  You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

18.8 Third Party Terms of Agreement .  Without limiting any other terms of these Terms of Use, you must comply with all applicable third-party terms of agreement when using the App.

18.9 Third Party Beneficiary .  You and AlphaFinn acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the App, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third party beneficiary thereof.

19. General.

19.1 Assignment . User may not assign User’s rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. AlphaFinn may freely assign AlphaFinn rights and obligations under these Terms of Use and transfer, assign or novate these Terms of Use.

19.2 Force Majeure .  In addition to any excuse provided by applicable law or under this Agreement, AlphaFinn shall be excused from liability for non-delivery or delay in delivery of products and services available through the Platform, the Site or the App arising from any event beyond AlphaFinn reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond AlphaFinn reasonable control, whether or not similar to those which are enumerated above.

19.3 Enforceability; Severability .  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

19.4 No Waiver .  Any failure by AlphaFinn to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision or a waiver of AlphaFinn right to enforce or exercise any such provision of these Terms of Use in the future.

19.5 Intended Beneficiaries .  These Terms of Use are strictly between AlphaFinn and User.  There are no intended third party beneficiaries of these Terms of Use.

19.6 Use of Words .  The term “including” as used in these Terms of Use shall mean “including, without limitation,” unless the context otherwise requires.

BY USING THE PLATFORM, THE SITE, THE APP AND/OR ANY OF OUR OTHER SERVICES AND/OR SUBMITTING ANY INFORMATION OR COMPLETING ANY FORMS VIA THE SERVICES, USER AGREES TO BE BOUND BY THESE TERMS OF USE.  IF USER DOES NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE AND/OR THE APP NOW AND CEASE ALL FURTHER USE THEREOF AND OF ANY RELATED SERVICES.