This Terms of Service Agreement ("Agreement") is made between Capella.AI ("Company") and any person ("User") who accesses, installs, or uses the Capella.AI ("Platform").
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING, OR INSTALLING ANY PART OF THE PLATFORM, USER AGREES TO BE BOUND BY ALL TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS, THEY MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE, AND USER MAY NOT ACCESS OR USE THE PLATFORM.
1. Introduction and Acceptance of Terms
This Agreement governs the use of the Platform, which includes services such as education, artificial intelligence tools, virtual trading, gamification features, notifications, conversational AI, and market analysis tools. The Platform may be amended from time to time at the sole discretion of the Company, and continued use of the Platform constitutes acceptance of any amendments.
2. Description of Services
The Platform offers access to various tools including, but not limited to, educational content, AI-driven market analysis, virtual trading environments, and gamified features. The services are provided for informational purposes only, and no part of the Platform should be considered as financial advice or investment recommendations.
3. User Accounts and Responsibilities
- Users must be at least 18 years old to access the Platform.
- Users are responsible for maintaining the confidentiality of their account information and password.
- The User agrees to provide accurate registration details and promptly update any changes.
4. Use of Third-Party APIs and Brokers
- The Platform integrates third-party API data feeds (collectively “Third-Party Data Providers”) and, in later phases, may include brokerage services.
- Company disclaims all liability for the accuracy or availability of third-party data and services. Users are subject to the individual terms of these third-party providers.
- No guarantees are made by the Company regarding the availability, accuracy, or performance of third-party API feeds or brokerage services.
5. Intellectual Property Rights
- The Platform and its contents are proprietary to the Company and protected by intellectual property laws. Users may not copy, modify, distribute, or create derivative works of the Platform without express consent.
- Users are granted a limited, non-transferable license to use the Platform in accordance with the terms of this Agreement.
6. License Grant and Restrictions
- The Company grants Users a non-exclusive, non-transferable license to use the Platform on a single device.
- Users may not sublicense, transfer, or resell access to the Platform.
- Any unauthorized use of the Platform may result in immediate termination of access.
7. Fees and Payments
- Access to certain features of the Platform may require fees. All fees are subject to applicable taxes, and the User is responsible for payment.
- Subscription fees, if applicable, will renew automatically unless terminated in accordance with Section 11.
8. Disclaimer of Warranties
- The Platform is provided “as is” without warranties of any kind, express or implied. The Company does not guarantee the accuracy or reliability of any content or tool available on the Platform, including AI predictions and virtual trading simulations.
- The Company disclaims all warranties regarding third-party services, including API data feeds and brokers.
9. Limitation of Liability
- Under no circumstances shall the Company be liable for any losses or damages arising from User's reliance on AI-driven tools, educational content, or results of virtual trading simulations.
- All virtual trading outcomes are hypothetical and do not reflect real-world trading results. The Company disclaims liability for any financial decisions made based on virtual trading, market analysis, or AI predictions.
- In no event shall the Company’s total liability exceed the fees paid by the User.
10. User Privacy and Data Security
- All personal information collected through the Platform will remain confidential and will not be shared outside of the Platform without User consent, except as required by law.
- The Company implements reasonable security measures to protect User data; however, no internet transmission is guaranteed to be completely secure. Users acknowledge that they transmit personal information at their own risk.
11. Termination of Access
- The Company reserves the right to terminate access to the Platform at any time for any reason, including violation of the terms of this Agreement.
- Users may terminate their access by providing 30 days written notice. No refunds will be issued for early termination.
12. Updates to the Agreement
The Company may update this Agreement at any time. Users will be notified of updates via email or by posting the updated terms on the Platform. Continued use of the Platform constitutes acceptance of any updates.
13. Dispute Resolution
Any disputes arising out of this Agreement shall be resolved through binding arbitration in [Your State or Jurisdiction]. Both parties waive the right to a jury trial and agree to arbitrate in good faith.
14. Governing Law
This Agreement is governed by the laws of [Your State or Jurisdiction], without regard to its conflict of law principles.
15. Force Majeure
The Company is not liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, internet outages, or third-party failures.
16. Miscellaneous
- Severability: If any part of this Agreement is found to be invalid or unenforceable, the remaining sections will continue to apply.
- Waiver: No waiver of any term of this Agreement will be binding unless in writing and signed by both parties.
- Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding the Platform and supersedes any prior agreements.
