# Terms of Service

__Last updated: August 23, 2024__

Investbrain (also referred to as “we”, “us” or “our”) agrees to furnish certain products and services (“Services”) to you (also referred to as “Consumer”), subject to the following terms and conditions (“Terms”) and further agree that you are responsible for compliance with any applicable local laws. Your continued use of the Services shall be construed as assent to these Terms.

## Acceptable Use
You may use the Services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account.

You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using the Services. You will not engage in any activity that interferes with or disrupts the Services or related services.

## Use License
Investbrain is giving you a limited right to view, download, and print the Services. This license is not exclusive to you, and you can’t transfer it or sublicense it to anyone else. The license is revocable by Investbrain at any time. In exchange for these limited rights, you may not:

- modify or copy the materials;
- attempt to reverse engineer any software;
- remove any copyright or other proprietary notations; or
- transfer data to another person or “mirror” the Services to any other server.

Investbrain doesn’t approve, control, or endorse any User Content, and has no obligation to do so. We reserve the right to remove or change any User Content on the Services at any time for any reason.

## Prohibited Uses
You agree that any of the below activities are considered prohibited usage and may result in immediate account suspension, cancellation, or other remedies as available under applicable law:

- Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
- Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
- Unlawful Purposes: Investbrain and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Services may not be used to facilitate infringement of these laws in any way.
- Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Investbrain or its customers.
- Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

## Invoicing And Payment
You agree that Investbrain shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Investbrain may be turned over to an outside collection agency for collection.

Customer is aware that Investbrain may prospectively change the specified rates and charges from time to time.

Investbrain is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Investbrain. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service.

## Your Privacy
Please review our [Privacy Notice](https://investbra.in/privacy) for details about your privacy.

## Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Customers gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content.

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

## Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF INVESTBRAIN HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. CUSTOMER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT INVESTBRAIN WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST INVESTBRAIN ARISING OUT OF CUSTOMER’S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF INVESTBRAIN’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

## Binding Arbitration and Class Waiver
To expedite resolution and control the cost of any dispute, case, controversy, or claim arising out of or relating to the Services, or the breach hereof, shall be settled by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) shall be binding, conclusive and non-appealable and may be entered in any court having jurisdiction thereof.

Additionally, to the fullest extent permitted by law, you agree that any dispute arising out of or in connection with the Services, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to the Services.

## Copyright Violations and DMCA Notice
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), or similar regulations. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please notify our copyright agent as set forth in the DMCA, or applicable regulation. For your complaint to be valid under the DMCA, it must contain all the elements provided in 17 USC §512(c)(3) and be submitted to the designated contact below, in the “Contact Us” section.

## Indemnity
Investbrain wishes to emphasize that in agreeing to the Terms, customer indemnifies Investbrain for any violation of the Terms that results in loss to Investbrain or the bringing of any claim against Investbrain by any third-party. This means that if Investbrain is sued because of a customer’s or a consumer’s activity, the customer will pay any damages awarded against Investbrain, plus all costs and reasonable attorney’s fees.

## Non-Waiver and Severability Of Terms
The failure of Investbrain to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

## Governing Law
Any claim related to the Services shall be governed by the laws of the State of Illinois without regards to its conflict of law provisions.

## Entire Agreement
The Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Investbrain and govern your use of the Services, superseding any prior agreements for the use of the Services.

## Revisions and Errata
The materials appearing on the Services may include technical, typographical, or photographic errors. Investbrain does not promise that any of the materials of the Services are accurate, complete, or current.

We may update our Terms from time to time. We will notify you of any changes by updating this page with the new Terms. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted to this page.

## Contact Us
If you have any questions about our Terms, you can contact us:

- By email: legal@investbra.in
- By visiting this page on our website: https://investbra.in/contact