Terms of Use

No Investment Advice

The Content is provided for informational purposes only, and you should not construe any such information as financial, tax, legal, or other advice. Nothing contained on our Website constitutes a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments in this or in any other jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction. All Content on this Website is of a general nature and does not address the circumstances of any particular individual or entity. Nothing on the Website constitutes professional and/or financial advice, nor does any information on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. The Company is not a fiduciary by virtue of any person's use of or access to the Website, Services, or any Content. You alone assume the sole responsibility for evaluating the merits and risks associated with the use of any information or other Content on the Website before making any decisions based on such information or other Content.

Market data, model outputs, and example portfolio calculations may be incomplete, delayed, inaccurate, or subject to change without notice. Past performance does not guarantee future results, and no strategy can eliminate the risk of loss.

By creating an account, completing the registration process, browsing the Website, and/or using the Services, you represent that (1) you have read, understand, and agree to be bound by the Terms of Use, (2) you are of legal age to form a binding contract with the Company, and (3) you have the authority to enter into the Terms of Use personally or on behalf of the company you have named as the user, and to bind that company to the Terms of Use.

If you subscribe to the Services for a term (the "Initial Term"), then the Terms will be automatically renewed for additional periods of the same duration as the Initial Term at the Company's then-current fee for such services unless you opt out of the auto-renewal in accordance with Section 4.3 (Automatic Renewal) below.

1. Use of the Services and Company Properties

1.1 Your Use of the Services

The Website and the Services provided by the Company via the Website (collectively, the "Company Properties") are protected by copyright laws throughout the world. Unless otherwise specified by the Company in a separate license, your right to use any Company Properties is subject to the Terms.

1.2 Limited License

Subject to your compliance with the Terms, the Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Services solely for your own personal or internal business purposes.

1.3 Updates

You understand that the Company Properties are evolving. You acknowledge and agree that the Company may update the Company Properties with or without notifying you.

1.4 Certain Restrictions

The rights granted to you in the Terms are subject to the following restrictions:

• You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Company Properties.
• You shall not frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties.
• You shall not use any metatags or other "hidden text" using Company's name or trademarks.
• You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Company Properties.
• You shall not access the Company Properties in order to build a similar or competitive website, application, or service.
• You shall not use any manual or automated software, devices, or other processes to "scrape" or download data from any web pages contained in the Website.

1.5 Unauthorized Use

You agree that you will not interfere with or damage Company Properties, including through the use of viruses, harmful code, denial-of-service attacks, or similar methods or technology. You will not attempt to gain unauthorized access to the Company Properties, accounts registered to others, or to the computers, servers, or networks connected to the Company Properties.

1.6 Company Communications

By entering into this Terms of Use or using the Company Properties, you agree to receive communications from us, including via email. If you provide a phone number, we may use it to verify your account. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.

2. Registration

2.1 Registering Your Account

In order to access certain features of the Company Properties you may be required to become a Registered User and provide certain information about yourself as prompted by the Website. A "Registered User" is a user of the Services who has registered for an account on the Website, or has a valid account with a third-party service through which the User has connected to the Company Properties.

2.2 Access Through a Third-Party Account

If you access the Company Properties through a third-party service that the Company supports, such as through your Google account, you may link your Account with Third-Party Accounts, by allowing Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

2.3 Registration Data

In registering for use of the Services you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Website's registration form (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

2.4 No Subsequent Registration

If your registration(s) with, or ability to access, Company Properties is discontinued by Company due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Company Properties through use of a different member name or otherwise.

3. Ownership

3.1 Company Properties

You agree that the Company and its suppliers own all rights, title, and interest in the Company Properties. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Company Properties.

3.2 Your Account

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of the Company.

3.3 Trademarks

Big Ark, BigArk, the Company's stylized mark, and all related graphics, logos, service marks, and trade names used on or in connection with any Company Properties or in connection with the Services are the trademarks of Company and may not be used without permission.

3.4 Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to the Company through its suggestion, feedback, or similar channels ("Feedback") is at your own risk and that the Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.

4. Fees and Taxes

4.1 Generally

If you purchase any of our paid Services, you agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide the Company with a valid payment method accepted by our payment processor, Stripe ("Payment Provider"), as a condition to signing up for paid Services. Payment card information is collected and processed by Stripe, not by Big Ark.

4.2 Service Subscription Fees

You will be responsible for payment of the applicable fee for any Services (each, a "Service Subscription Fee") at the time you create your Account and select your package. Except as set forth in the Terms, all fees for the Services are non-refundable.

4.3 Automatic Renewal

Your subscription will continue indefinitely until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period and continue for an additional equivalent period, at the Company's then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date. You may cancel through your account settings or by contacting us.

4.4 Taxes

The Company's fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to the Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority.

5. Indemnification

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the "Company Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your use of, or inability to use, the Company Properties; (b) your violation of the Terms; or (c) your violation of any applicable laws, rules, or regulations.

6. Disclaimer of Warranties

You expressly understand and agree that to the extent permitted by applicable law, your use of the Company Properties is at your sole risk, and the Company Properties are provided on an "as is" and "as available" basis, with all faults. Company Parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement arising from use of the Services.

The Company Parties make no warranty, representation, or condition that: (1) the Company Properties will meet your requirements; (2) your use of the Company Properties will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from use of the Company Properties will be accurate or reliable; or (4) any errors in the Company Properties will be corrected.

7. Limitation of Liability

You understand and agree that, to the fullest extent provided by law, in no event shall Company Parties be liable for any loss of profits, revenue, or data, indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the Company Properties, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, including any investment losses you may incur.

To the fullest extent provided by law, the Company Parties will not be liable to you for more than the amount received by the Company as a result of your use of the Company Properties in the subscription period during which you first assert a claim. If you have not paid the Company any amounts in the subscription period during which you first assert any such claim, Company's sole and exclusive liability shall be limited to fifty dollars ($50).

8. Term and Termination

8.1 Term

The Terms commence on the date when you accept them and remain in full force and effect while you use the Company Properties, unless terminated earlier in accordance with the Terms.

8.2 Termination of Services by Company

You will have thirty (30) days from the Service Commencement Date, or any Renewal Commencement Date, for any Services hereunder, to cancel such Service, in which case the Company will refund your Service Subscription Fee. Except as set forth above, the Service Subscription Fee for any Service shall be non-refundable.

8.3 Termination of Services by You

If you want to terminate the Services provided by the Company, you may do so by (a) notifying the Company at any time and (b) closing your Account for all of the Services that you use. Canceling a subscription stops future automatic renewals; it does not, by itself, require a refund of fees already paid except as described in Section 8.2.

8.4 Effect of Termination

Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files, and Content associated with or inside your Account.

9. Dispute Resolution

Please read the following arbitration agreement carefully. It requires users to arbitrate disputes with Company and limits the manner in which you can seek relief from us.

You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Company, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights.

Any dispute, claim, or request for relief relating in any way to your use of the site will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

10. Changes to Terms

Please note that the Terms are subject to change by the Company in its sole discretion at any time. When changes are made, the Company will make a new copy of the Terms of Use available at the Website. We will also update the "Last Updated" date at the top of the Terms of Use. The Company may require you to provide consent to the updated Terms in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).

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Email: support@bigark.ai

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