Terms of Use

OVERVIEW

• “We”, “Us”, “Our” shall mean SAPIENTRADE INC (“ST”), a Delaware and Florida United States company. We are a financial AI technology company. We are the owner of an AI data platform, specializing in AI stock predictive data, referred to as (“ST Services”), as defined below. We license ST Services through the website www.sapientrade.com “the Site” which We own and operate.
• “You”, “Your” shall mean an individual and business (“Customer) of the ST Services offered in the Site.
• These Terms of Service (“Terms”) govern your access and use of the Site and ST Services, including any of their future modifications. By registering and creating an account in the Site You acknowledge to have read and accept to abide by these Terms, as a binding legal agreement between You and ST. If You enter into this Terms of Service on behalf of a legal entity, You represent You have the legal authority to legally bind the entity.
• These Terms and ST Services are subject to change from time to time without notice. It is your responsibility to periodically check these Terms of Use for modifications.

SERVICES And Rights

Services

We provide AI generated stock prediction data services, referred to as (“ST Services”):

1. (“ST Data”) consist of AI stock scores and selections predictions, portfolio predictions and various performance analysis. These are composed of various data sets, each having their own subscriptions. They are distributed in different dashboards and reports with manual and API data export options with variable rate limitations.
2. (“ST AI Solutions”) allow individual users to order their own custom AI models for stock predictions. The AI models are created, optimized, saved and executed within Our Site.

Rights

1. ST Services and all copies of the ST Data are the property of ST or its third-party licensors as applicable, and are protected in all countries by various property laws including without limitation intellectual property, copyright, trademark and trade secrets laws.
2. When creating your own AI Model, you will (a) upload or define a set of predictors or strategy in the Site, which is then responsible to (b) create, fine-tune optimize and execute the AI model for your strategy, and produce (c) the corresponding predictions. All (a), (b), (c) are the exclusive property of ST, and only You is licensed to see and work with (c).
3. ST Services and all copies of ST Data are the property of ST at all time, and are licensed and not sold. We reserve all rights to ST Services except those expressly granted to You under this Terms of Services.
4. Your Content
   • a) You may provide ST error notifications or suggestions for new products or enhancements.
   • b) When creating your own AI Model, you define a set of predictors or strategy in the Site to be used to create your AI model.

By providing Your Content in ST Site, You automatically grant ST an irrevocable, perpetual, transferable, royalty-free, worldwide license to use Your Content in developing ST Services current and future services.

You are hereby stating Your agreement with these ownership rights.

YOUR RESPONSIBILITIES

You represent that all information you submit to Us when registering in ST Site is true, complete and up to date, and You assume all responsibility for any inaccuracy in Your submissions and for failure to keep them up to date. You acknowledge Our right to authenticate the validity of Your identity and registration information.

You agree with our Privacy Policy in collecting and managing your personal data.

You acknowledge that ST can at its own discretion:

• Accept or reject the username, password or other names You enter in our Site if deemed offensive or inappropriate.
• Deny the creation of or cancel Your account If We cannot verify the authenticity of Your registration information.

You acknowledge and agree that You are solely responsible to protect the login password to Your account, and for the consequences resulting allowing fraudulent unauthorized access to your account and payments, in which case ST shall not be liable in any manner.

You warrant to protect all ST Data as you would protect Your own confidential and proprietary data and information.

LIMITED LICENSE

1. A (“Commercial”) use of ST Services includes but is not limited to embedding ST Services directly or performing derivative work as part of services or applications intended for use by anyone other than You; or to use ST Services within any activity for which you are compensated in any fashion; or use use the ST Data as a basis for a directory or database prepared for commercial sale or distribution. No Commercial use of ST Services and ST Data is and will ever be allowed under these Terms of Services.
2. Individual License. During any period you pay a subscription for ST Services (“Subscription Period”), We grant you a limited, nonexclusive, revocable, nontransferable (“License”) to access ST Services and ST Data. This includes the right to use and download ST Data and reports solely for Your personal, informational and non-commercial use. No Commercial use of ST Services and ST Data is allowed under these Terms of Services.
3. Enterprise License If You enter into these Terms of Services on behalf of a business or legal entity (“Enterprise Subscription”), the License extends to the number of users within the entity who are authorized to access and use ST Services under the Enterprise Subscription. All clauses in these Terms apply to all individual Licenses of the entity, with the addition of the fact that the licensed users are allowed to use and share ST Services and ST Data in reports, services and applications created within the entity and solely made available and shared with licensed individuals. No Commercial use of ST Services and ST Data is allowed under Enterprise Subscription and Terms of Services.
4. Expiration of Rights. Once Your Subscription Period expires, any right provided under these Terms of Use ceases to exist and You must irretrievably destroy all copies of ST Data You have downloaded from any physical and cloud database and data storage You have used.
5. Research Exception. An exception to the above clause is allowed. You many keep after the expiry of a Subscription Period, portions of ST Data in personal analysis reports, and academic research publications for public domain dissemination, provided that the ST Data is in summary formats and is not detailed, and You provide ample reference to ST as the source of the data.
6. Prohibited Actions. During a Subscription Period You may not engage in any of the following acts:
   • a) Share your access credentials to ST Services with any other individual. In case of Enterprise Subscription, one access credential is issues per licensed user.
   • b) Share, loan, publish, reproduce, disclose, display, distribute, perform derivative work, give away, sell or license any portion of ST Solution and ST Data to any third-party, databases, the Internet and some entities Intranet.
   • c) Reverse engineer, disassemble, decode, decompile any software, methods and AI algorithms and models used in US providing and You accessing or using ST Services.
   • d) Perform cybersecurity attacks, reverse engineer, circumvent Our Site security protocols, interfere with the integrity and performance of the Site and its cloud severs and network, inject malware, gain unauthorized access to Our Site except through proper login in Your account, attempt to gain access to the source code.
   • e) Take any action that could result in unreasonable load on our Site.
   • f) Use framing techniques to enclose in other webs sites and applications, any portion of ST Services, ST logo, name or other proprietary information from the Site and its content
7. Termination. We may terminate your access to our Site for any breach to these Terms. You may terminate your subscription at any time. In both cases no refund shall be provided.

Upon termination

• ST shall delete all Your Content data and information stored ST Services. We will not be liable to You or any third-party for damages, compensation, or reimbursement as a result of the termination.
• Any right provided under these Terms of Use to You ceases to exist and You must irretrievably destroy all copies of ST Data You have downloaded from any physical and cloud database and data storage You have used.

FEES & PAYMENTS

Our fees are in U.S. dollars. Applicable taxes are calculated based on the billing address provided at the time of purchase. You agree that We and Our third-party payment gateway may store Your payment information for subscription renewal.

Upon purchasing or upgrading to a subscription plan You are immediately billed for Your first month. The monthly services are billed in advance and are non-refundable. Your subscription plans are automatically renewed unless you cancel them any time before the end of the current billing cycle. In this case Your access to the subscribed services remains active until the first day of the next billing period, when the cancellation takes effect.

WARRANTY

Warranty of ST

We warrant that ST Services shall perform in substantial accordance with its specification. If performance falls short as herein warranted, We shall undertake at Our own expense, discretion and methods to correct the non-conforming part and shall exercise utmost diligence to mitigate the situations, as per industry standards. ST Services can experience downtime, server maintenance, deployment of patches, or other upkeeps.

Third-Party Liability

In the provision of ST Services We use multiple third-party services. These may experience availability, downtime, quantity and quality issues, failures, disruptions, repairs, Internet and network speed. We use multiple raw data feeds as inputs to Our AI Models, We cannot validate these data nor guarantee their accuracy and timeliness. Consequently, the occurrences of these issues can negatively impact Our ability to deliver ST Services in full, and at time may force Us to temporarily impose limitations on Our services.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU, AS A RESULT OF ANY THIRD-PARTY SOLUTION, INFRASTRUCTURE AND DATA WE USE IN THE PROVISION OF ST SERVICES.

DISCLAIMER

In using ST Services you understand and agree with the following:

• a) We are not a registered broker, broker dealer, investment or trading advisor under any jurisdiction or regulatory body, whatsoever. With this understanding, ST Services and ST Data are to be solely considered for informational and educational purposes, they are impersonal and general in all aspects, and not tailored in any form or shape to the investment needs of any specific individual investor, and should not be considered as solicitation, invitation, advice, recommendation or offer for specific investments, trading, buying or selling any financial instrument or assets.
• b) No representation is made that past performance of any ST Services and ST Data is indicative of future performance.
• c) ST AI predictions and trade suggestions may fail to have any suitability for actual trading, or may fail to achieve the expected performance for multiple reasons, some of which are trade commission, bid-ask spreads, slippage, lack of liquidity, delays in market quote or trade execution, volatility, lack of sufficient capital or ability to trade as frequently or as long as ST Data prediction suggests. AI algorithms may result in predictions that fail to have any trading value.
• d) Trading in equities, mutual funds, index and exchange traded funds, options, futures and currencies involve substantial risk and is not for every investor. You should therefore carefully consider whether such trading is suitable for You in light of Your financial condition. You could potentially lose all or more than Your initial investment. Only trade with the money that can be lost without jeopardizing your financial security or lifestyle.
• e) You should not solely rely on ST Services to make a trading or investments decision and are encouraged to consult with a qualified licensed investment professional regarding any particular trade or investment strategy, and to verify actual pricing information.  You alone assume sole and full responsibility for any investment decision You make. In no event shall ST be responsible for any losses you may incur, and You agree not to hold ST, its executives, employees or affiliates liable or responsible for any possible claim for damages arising from any decision you make based on ST Solutions, even solely by negligence.

HYPOTHETICAL PERFORMANCE DISCLOSURE

• CFTC RULE 4.41 – SIMULATED OR HYPOTHETICAL PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, THESE RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE SUCH TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED OR HYPOTHETICAL TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
• NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN IN ANY SIMULATION. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK OF ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES IS MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

LIMITATION OF LIABILITY

OTHER THAN AS EXPRESSLY PROVIDED HEREIN, ST SERVICES 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. IN NO CASE SHALL YOU SOLELY RELY ON ST SERVICES TO MAKE A DECISION WHICH COULD RESULT IN BUSINESS LOSSES.

WE DO NOT WARRANT THAT ST SERVICES WILL BE ERROR FREE. SUCH ERRORS ARE CORRECTED AS THEY ARISE AT OUR SOLE DISCRETION WITH RESPECT TO THE MANNER TO PROCEED AND THE TIMING WHICH SHALL BE WITHIN A REASONABLE PERIOD.

IN NO EVENT WILL ST, ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY (WHETHER IN CONTRACT, TORT OR OTHER) FOR ANY LIABILITY, DAMAGES, LOSS OF ANY KIND AND NATURE INCURRED BY YOU, COST OF COVER, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR FAILURE OF ANY ST SERVICES AND SERVICE PERFORMED HEREUNDER, INCLUDING BUT NOT LIMITED TO:

• a) PERSONAL INJURY, PROPERTY DAMAGE, ANY LOSS OR DAMAGE, LOSS OF PROFITS, FAILURE TO ACHIEVE SOME EXPECTED VALUES, LOSS OF USE, LACK OF AVAILABILITY, BUSINESS INTERRUPTION, LOSS OF DATA.
• b) ANY USE OF AND RELIANCE ON ST SERVICES SUGGESTIONS IN PREDICTION, INVESTMENT OR TRADING.
• c) RELIANCE ON THE DATA AND MATERIALS MADE AVAILABLE BY ST SERVICES, AS THESE DATA ARE PROVIDED AS-IS, WITHOUT VALIDATION, GUARANTEE AND WARRANT FOR ACCURACY, ERROR, OMISSION, TIMELINESS, DELAY, COMPLETENESS AND TIMELINESS.
• d) UNAUTHORIZED ACCESS AND HACKING OF ST SERVERS RESULTING IN THE THEFT OF YOUR CONFIDENTIAL DATA OR PERSONAL INFORMATION, DISRUPTION OR INTERRUPTION OF ST SERVICES, NEFARIOUS INJECTION OF MALWARE AND VIRUS.
• e) THE THEFT OF YOUR CONFIDENTIAL DATA OR INFORMATION, DISRUPTION OR INTERRUPTION OF OUR SERVICES DUE TO NEFARIOUS INJECTION OF MALWARE AND VIRUS OR UNAUTHORIZED ACCESS AND HACKING OF OUR SERVERS.

ST TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID ST FOR YOUR USE OF ST SERVICES IN THE PRIOR ONE MONTH.

IF YOU RESIDE IN A STATES OR JURISDICTIONS THAT DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY DO NOT USE OUR SITE AND ST SERVICES.

Dispute Resolution

Governing Law. The laws of the State of Florida, United States of America, without regard to principles of conflict of laws, govern these Terms of Use and any dispute that might arise between You and ST.

Venues, Arbitration, Legal Action. You agree to submit and settle, only through binding arbitration, through American Arbitration Association (“AAA”), any conflict or claim arising out of or in relation to this Terms. Arbitration shall strictly proceed in accordance with this Terms, and be carried out by three (3) appointed arbitrators, and a majority decision of two (2) or more, shall be binding on both You and Us. The final award rendered by the arbitrators may be filed and enforced in any court of competent jurisdiction. The arbitrator(s) will have no authority to award punitive damages nor any other damages incommensurate to a prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of these Terms of Use. Neither any party nor the arbitrator(s) may disclose the existence or results of any arbitration or mediation hereunder without the prior written consent of all parties. Should AAA offer a venue for it, arbitration and mediation shall take place online or be based on written submissions, and shall not require any personal appearance by the parties or witnesses.

Court Action Waiver. YOU HEREBY AGREE AND UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO FILE A LAWSUIT AGAINST US IN A COURT OF LAW.

Class Action Waiver. 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.

In the event there is any claim arising out of or relating to these Terms of Use, You and Us shall first attempt in good faith to settle through mediation administered by AAA under its Commercial Mediation Procedures. At least fifteen days prior to initiating the mediation, the party seeking to mediate shall give the other party written notice describing the claim, the amount of the action, and provide all supporting documents. A Dispute that is not resolved by mediation within thirty days after the start of mediation shall be resolved by arbitration administered by the AAA under its Commercial Arbitration Rules. Each Party shall be responsible for the payment of all of its own costs associated with the resolution of a dispute whether in arbitration or before a court of law, including but not limited to any filing fees, arbitrator fees, its attorneys’ fees and other costs incurred in such proceeding. However, if the arbitrator(s) determine that the dispute is initiated in bad faith, the initiating party shall be responsible for all of the other party’s cost.

Subject to any applicable law to the contrary, You agree that any cause of action arising out of or related to the use of ST Services must be commenced within one year after the cause of action accrues, or such action will be permanently barred.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, with the aim to restrain any aspect of the operation of ST Services and Our Site.

ST rights to initiate actions. You agree the foregoing do not limit any rights ST may have pursuant to any breach caused by You with regards to these Terms of Use. You agree ST has the right to seek any remedies via binding arbitration through AAA, or a court action as per ST choosing. This includes the right to seek provisional remedies such as temporary restraining orders and preliminary injunctions in the court of Our choosing. Such remedies will not avoid or stay legal actions or arbitration.

Miscellaneous

These Terms shall be governed by and construed in accordance with the laws of the state of Florida, without reference to its choice of law rules. These Terms of Use, along with any rules, procedures, details and guidelines published on Our Site constitute the entire agreement between You and ST with respect to Your use of ST Services.

We are entitled in Our sole discretion, to amend these Terms, the content of the Site and ST Services at any time.

If any provision of these Terms is held to be unenforceable, illegal or invalid for any reason, that provision shall be restricted or eliminated to the minimum extent necessary so that the rest of these Terms shall remain in full force and effect at all times.