Copyright - Clairvoyant Inc.


TERMS OF USE


Please read the following information carefully.  This Terms of Use Agreement (“Terms”) governs your use of the website under the domain name www.clairvoyantfinancial.com (“Site”), the software application entitled “Clairvoyant” (the “App”) and related services available or accessible through the Site and App (the “Services”) that are offered by Clairvoyant Inc. (the “Clairvoyant” or “Company” or “We” or “Us”).


THIS SITE, APP, AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS SET FORTH BELOW AND ALL APPLICABLE LAWS AND REGULATIONS.  BY DOWNLOADING THE APP, COMPLETING THE REGISTRATION PROCESS, BROWSING THE SITE, AND/OR ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (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 PERSONALLY OR ON BEHALF OF THE INDIVIDUAL YOU ARE REPRESENTING.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED WHEN YOU REGISTER ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND WITH ANY OF THE TERMS, YOU ARE PROHIBITED FROM ACCESSING OR USING THIS SITE.  THE MATERIALS CONTAINED WITHIN THE SITE, APP, AND SERVICES ARE PROTECTED BY APPLICABLE COPYRIGHT AND TRADEMARK LAW.

  1. Service Description

The Service is a statistical financial analytics service that allows you to forecast movement in the financial market and build sophisticated machine learning models like those utilized by banks and hedge funds.  Depending on the information being analyzed, the Service may present information relating to third party products or services.  We provide the Service to you as an aid to assist you in structuring and managing your finances.  The Service is not intended to replace or provide legal, tax or financial advice. 

Any financial forecasts presented by the Service has been calculated by the Company for its own purpose.  Any forecasts, figures, opinions, or statements of financial market trends expressed through the Service (“Estimates”) are, unless otherwise stated, the Company’s own. Estimates may be subject to change without reference or notification to you.  Both past market performance and yield are not a reliable guide to future performance, and you should be aware that the value of securities and any income arising from them may fluctuate in accordance with market conditions.  There is no guarantee that any forecast is accurate or that any forecast made will come to pass.  Estimates may not necessarily be all-inclusive.

  1. Privacy and Personal Information

You can view the Company’s Privacy Statement here and on the Site for the Services.  You agree to the applicable Privacy Statement, and any changes published by the Company.  You agree that the Company may use and maintain your data according to our Privacy Statement, as part of the Services.  You give us permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Company services.  For example, this means that the Company may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions.  We may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

  1. User Information and Notifications

In order to use the Services, you will need to sign up for an account with Clairvoyant.  Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity.  Accurate records better enable us to provide you with the Services.  You must provide true, accurate, current and complete information about your accounts maintained on the Site and App, and you may not misrepresent your Registration Information. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration Information and other information necessary to facilitate your use of the Services. You must also keep your Registration Information updated and current.  Failure to maintain current and complete information will affect the accuracy and effectiveness of the Services provided.  


We may verify your identity.  By registering for an account with Clairvoyant, you authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, including your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources.  If you do not provide this information or the Company cannot verify your identity, we can refuse to allow you to use the Services.


You agree and understand that you are solely responsible for maintaining the confidentiality of your password which, together with your e-mail address and login identification (collectively, “Registration Information”) allows you to access the Service.  By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address.  It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.


If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify the Company immediately at the email address support@clairvoyantfinancial.com.  Similarly, if you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, or that someone is using your account without your permissions, you must notify the Company immediately.

  1. Service Interruptions

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Clairvoyant, in its sole discretion, may elect to take.  In no event will we be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.


Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Clairvoyant to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

  1. Use with Your Mobile Device

Use of the Services may be available through a compatible mobile device, Internet and/or network access and may require software.  You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.  


CLAIRVOYANT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

  1. Online Alerts and Disclaimer

Clairvoyant may from time to time provide automatic alerts and voluntary account-related alerts.  Automatic alerts may be sent to you following certain changes made through the Site or App to your account, such as a change in your Registration Information.


Voluntary account alerts may be turned on by default as part of the Service.  They may then be customized, deactivated or reactivated by you.  However, core account alerts (such as subscription plan changes and password resets) are not able to be deactivated.


You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors.   We do our best to provide alerts in a timely manner with accurate information.  However, we neither guarantee the delivery nor the accuracy of the content of any alert.  You also agree that Clairvoyant shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

  1. Rights You Grant to Us

By submitting information, data, passwords, usernames, log-in information and other content to Clairvoyant through the Service, you are licensing that content to us solely for the purpose of providing the Service.  We may use and store the content, but only to provide the Service to you.  By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by Clairvoyant to pay any fees or other limitations.

  1. Clairvoyant’s Intellectual Property Rights

The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including algorithms and html-based computer programs), and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Clairvoyant or its software or content suppliers.  Clairvoyant grants you the right to view and use the Services subject to these terms.  You may download or print a copy of information for the Services for your personal, internal and non-commercial use only.  Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent.  You agree not to use, nor permit any third party to use, the Site, the App, or the Services and its content in a manner that violates any applicable law, regulation or these Terms.

  1. Access and Interference

You warrant and represent that you will not access or use the Services in any unlawful manner, for any unlawful purpose or in violation of these terms and conditions or applicable laws, rules and regulations.  You agree that you will be responsible for all usage of the Services through your account.

You agree that you will not:

  1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Clairvoyant’s express written consent, which may be withheld in the Company’s sole discretion;
  2. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
  3. Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Google Chrome); or
  4. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services.

 

  1. Posting Feedback

As part of the Service, Clairvoyant allows you to post feedback.  By doing so, you agree in posting content to follow certain rules.  You are responsible for all content you submit to the App and the Site.


By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Company and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels.

  1. Payment and Refunds
Payment for our Services is processed entirely through the Apple App Store. You will have the option to sign up for an auto-renewable monthly subscription, three-month subscription, or annual subscription.  Unless otherwise stated, all prices are listed in United States dollars. 


You may cancel your subscription to the Services at any time, and we will cease to charge your credit card.  You will not be refunded for your unused portion of your subscription—even on a pro rata basis—but you will be able to continue using that portion of your subscription until your paid subscription period is complete. 


Additional terms surrounding payment, pricing, refunds, and subscription billing intervals are posted on our Site and App and are hereby incorporated into this Agreement by reference. You authorize us to bill your credit card according to the intervals and prices posted on our Site and App.

  1. Disclaimer of Representations and Warranties

CLAIRVOYANT PROVIDES THE SITE, APP, INFORMATION, FORECASTS, DATA, FEATURES, AND ALL CONTENT AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  THE COMPANY, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AS TO THE CONTENT AND/OR OPERATION OF THE SITE, APP, AND SERVICES.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.


BOTH THE COMPANY AND ITS SUPPLIERS DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE, APP OR OF THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  NEITHER THE COMPANY NOR ITS SUPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.


SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.  ACCORDINGLY, SOME OF THE LIMITATIONS DESCRIBED WITHIN THIS PROVISION MAY NOT APPLY TO YOU.


YOU AGREE THAT CLAIRVOYANT IS NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS. 

  1. Limitations on Clairvoyant’s Liability

CLAIRVOYANT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITE, APP, AND/OR YOUR USE OF THE SERVICES OR THESE TERMS, EVEN IF CLAIRVOYANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Indemnification
You agree to defend, indemnify and hold harmless Clairvoyant, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Services or any content that you post thereon; (ii) your violation of any term of these Terms or your representations and warranties set forth above; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
  1. Not a Financial Planner, Broker or Tax Advisor

NEITHER CLAIRVOYANT NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE.  CLAIRVOYANT IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR.  The Services are intended only to assist you in structuring and managing your finances and financial decision-making and is broad in scope.  Your personal financial situation is unique, and any information and/or advice obtained through the Services may not be appropriate for your situation.  Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

  1. Modifications

Clairvoyant reserves the right to modify from time to time any and all of these Terms with or without notice.  Any and all changes to these Terms will be posted on the Site.  In addition, the Terms will always indicate the date it was last revised.  You are deemed to accept and agree to be bound by any changes to the Terms when you use the Services after those changes are posted.  All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of these Terms. 

  1. Ending Your Relationship with Clairvoyant

These Terms will continue to apply until terminated by either you or Clairvoyant as set out below.  If you want to terminate your legal agreement with the Company, you may do so by closing your account for the Service.


To close your account with Clairvoyant, please follow the directions listed under the following link: http://clairvoyantfinancial.com/cancellations/.

  1. Choice of Law and Venue

These Terms are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.  Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Orange in the state of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.

  1. Costs and Attorney’s Fees
In any action to enforce these Terms, the prevailing party will be entitled to costs and attorney’s fees.
  1. Severability
In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
  1. Integration

These Terms represent the entire understanding and agreement between you and Clairvoyant regarding the subject matter of the same, and supersedes all other previous agreements.  All prior agreements, discussions, representations, warranties, and covenants are merged herein.  There are no agreements, discussions, representations, warranties, or covenants, expressed or implied, between you and Clairvoyant except those expressly set forth herein. 

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Last Updated April 11, 2017.