TERMS OF USE

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SAPIENTRADE TERMS OF USE AGREEMENT


SAPIENTRADE is incorporated in Delaware in the United States of America and is referred to by “We”, “Us” and “Our”. You, the individual or a company client, are referred to by “You”, “Your” and “Yours”. In order to access Our “Website”, www.sapientrade.com, and use Our “Solutions”, You acknowledge to have read, understood, agree with and abide by the terms and conditions of 3 agreements: TERMS OF USE laid out hereunder, DISCLAIMER and PRVACY POLICY, which may change from time to time, at Our sole discretion, and whose most current version shall always be found on Our Website. IF YOU DO NOT WISH TO BE BOUND BY THESE 3 AGREEMENTS YOU MAY NOT USE OUR WEBSITE AND SOLUTIONS.

1. Solutions

We are a high-performance Artificial Intelligence trading analytics software company. Our “Solutions” comprise:

We do not offer trade execution or advisory services, nor trading platform and software. All trading decisions are made by You.

2. License

By registering and buying a subscription plan, We grant You a non-transferable license to use Our Solutions in adherence with all the stipulations, terms and conditions set forth here. If You are an individual, you may use Our Solutions for your personal use only. If You are an institutional trader or corporation with multiple users, in addition to this TERMS OF USE agreement You must execute a separate corporate license agreement, electronically, with the acknowledgement that the electronic record is legally official, and Your electronic execution legally binds Your corporation as would Your ink execution on paper. The license grants You the right to use Our Solutions for Your own use. Your license prohibits any commercial use of Our Solutions by You, be it free or for profit, including but not limited to distribution, downloading, adaptation, duplication, derivative work, and embedded work within a third party solution.

3. Restrictions

The following are illegal and prohibited use of Our Solutions. We will investigate and prosecute any violation. You agree that You will not, directly or indirectly:

4. Proprietary and Intellectual Property Rights

We are and remain the owner of all Intellectual Property and rights in Our Solutions, which are protected by copyright, and trademark laws of the United States, European Community, all countries, as well as international treaties. A License does not grant You any rights or interests with regards to the Intellectual Property rights related thereto, except those rights expressly granted herein

5. Indemnification for Infringement

THIS SECTION STATES THE ENTIRE LIABILITY OF LICENSOR REGARDING INFRINGEMENT CLAIMS.

Licensor represents and warrants that SapienTrade Solution shall not infringe upon or violate any foreign or domestic patent, copyright, trade secret or other proprietary right of any third party. In the event of a third party claim against Licensee, asserting a patent, copyright, trade secret or other proprietary right violation involving SapienTrade Solution, Licensor shall defend or settle the claim, at its own expense, and shall indemnify Licensee against any loss, cost, expense or liability resulting from or arising out of the claim, whether or not the claim is successful, provided that Licensee notifies Licensor in writing within a reasonable time after Licensee first receives written notice of the claim and gives Licensor necessary authority, available information, and reasonable assistance for the defense or settlement of the claim. THE FOREGOING OBLIGATIONS SHALL NOT APPLY TO THE EXTENT THE INFRINGEMENT ARISES AS A RESULT OF the use of SapienTrade Solution by Licensee in any illegal manner, including unlawful use of proprietary data or information from third party sources.

6. Confidentiality

(“Confidential Information”) shall include without limitations this Agreement, Licensor Intellectual Property, SapienTrade Solution, Your personal data and information, all correspondences regarding, the License and its acquisition, related tasks such as maintenance, support and renewal thereafter, in all formats: electronic, email, chat and phone. Each Party shall use reasonable efforts to protect from disclosure information that is the Confidential Information of the other Party. Licensor shall divulge such Confidential Information only to its employees who require access to it for the purposes of this Agreement, and with whom it has executed similar confidentiality agreements. This Confidentiality section shall survive the termination of this Agreement.

7. Warranty, Disclaimer and Limitation of Liability

Third Party Liability. In provisioning our Solutions, we use third party services for market data, cloud infrastructure or connectivity to trading platforms. Input and computed data can be delayed and are not validated for accuracy and completeness. There can be failure in the third party services WE use, causing delay, disruption or failure in our ability to deliver the Solutions. WE ARE NOT RESPONSIBLE OR LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY YOU, AS A RESULT OF ANY THIRD-PARTY SOLUTIONS WE USE IN THE PROVISION OF OUR SOLUTIONS.

Limitation of Liability. OTHER THAN AS EXPRESSLY PROVIDED HEREIN, SAPIENTRADE SOLUTIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

BY SUBSCRIBING TO SAPIENTRADE SOLUTIONS, AND AS A CONDITION TO DO SO, YOU AGREE THAT OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE USE OF SAPIENTRADE SOLUTIONS SHALL NOT EXCEED $ 1 (ONE) DOLLAR.

Disclaimer. You understand and agree that:

8. Legal Venues and Actions

You agree to submit and settle any conflict or claim You arise out of or in relation to Your License, Our Solution and this agreement only through binding arbitration. You agree the venue shall be the American Arbitration Association and its International Centre for Dispute Resolution for cases outside of the United States. YOU HEREBY AGREE AND UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO FILE A LAWSUIT AGAINST US IN A COURT OF LAW. You agree that We, at Our sole discretion, can opt for arbitration or file a lawsuit, to settle any conflict or claim We arise out of or in relation to this agreement. Any legal action we commence shall take place in Florida. You agree to submit to and not to contest, or challenge, this personal jurisdiction over You. YOU AGREE NOT TO BRING, PURSUE OR BE THE PLAINTIFF OR REPRESENTATIVE IN ANY CLASS ACTION CASES, ARBITRATION, OR LITIGATIONS AGAINST US, ANYWHERE WORLDWIDE, FOR ANY REASONS. YOU HEREBY AGREE AND UNDERSTAND THAT YOU ARE WAIVING SUCH RIGHTS. YOU HEREBY ACKNOWLEDGE AND ACCEPT THIS DIFFERENCE IN THE FORUM FOR DISPUTES AND CLAIMS BETWEEN YOU AND US.

9. Miscellaneous
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We are a leading-edge Fintech firm pushing the boundaries of high-performance AI trading technologies on cloud supercomputers. Our solutions deliver an unrivaled real-time trading edge.

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