Terms Of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE.
These Terms of Service (“Terms”) govern your use of our website (the “Site”) and related products and services, including any content or information provided as part of or through the Site or such related products, services or websites (collectively with the Site, the “Services”), which are owned or operated by Six Wealth Ltd (with company number 11155479) operating under the name IXily (“IXily”, “we”, “our” or “us”).
These Terms may apply to you individually, the business or other legal entity user you represent, or both. If you are entering into these Terms, or using the Site or Services, on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity. By ordering, accessing, registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these Terms. In the event you have entered into a separate written agreement with IXily regarding the Services that contemplates terms that are inconsistent with these Terms, the written agreement shall control and these Terms will not apply to you to the extent inconsistent with such written agreement, or, if such written agreement is contemplated to be in lieu of these Terms, these Terms shall not apply at all.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED
Overview of Services; Services Content
- Overview of Services
IXily is an Open Finance Platform, together with related services and content. The Services may include access to various financial data feeds, as well as related applications. In addition to the terms set forth herein, each data feed or application may describe its own restrictions and limitations (e.g. redistribution restrictions and API usage limitations) during the selection process, and such terms are hereby incorporated into these Terms by reference to the extent you select or otherwise access or use the corresponding data feed or application.
- Services Content
Excluding User Content (defined below), all content made available through the Services (including, without limitation, all information and infrastructure, associated financial tools, data, investment write-ups, user information, data, newsletters, blog posts, general text, graphics, and their selection and arrangement, collectively, the “Services Content”) is the proprietary information of IXily. No Services Content may be modified, copied, distributed, reproduced, republished, downloaded, posted, transmitted, or sold in any form or by any means, in whole or in part, without IXily’s prior written permission in each instance.
Provided that you are eligible for use and access of the Services and subject to the conditions of these Terms of Service, you are granted a limited license to access the Services Content and to download or print a copy of any portion of the Services Content to which you have properly gained access solely for your own use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Services Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Services Content is strictly prohibited. You agree to abide by all additional copyright notices or restrictions contained in the Services Content.
As noted above, IXily provides an Open Finance Platform. Through such platform made available as part of the Services, you may order certain data feeds or applications. Each data feed and application may have its own specific terms applicable to such data feed or application (“Product Terms”), which are set forth in corresponding links presented with the data feed on the Site and also made available for review during the ordering process, and such Product Terms are hereby incorporated into and made a part of this Agreement by this reference and you automatically agree to such terms by ordering or otherwise accessing the corresponding data feed or application. In the event of a conflict between these Terms and Product Terms, the Product Terms shall control. One common data feed-specific term within the Product Terms specifies whether such data feed may be redistributed or not. Absent Product Terms to the contrary, the respective rights applicable to non-redistributable and redistributable data are set forth below in Sections 2.2, Sections 2.3 and 2.4, respectively. Another common data feed-specific term is the API Call Limits, which sets the maximum number of times an API call may be made at a certain time interval with respect to such data feed. A third common data feed-specific term within the Product Terms specifies whether such user of the data feed is a Professional or a Non-Professional. Absent Product Terms to the contrary, the respective rights applicable to Professionals and Non-Professionals set forth below in Sections 2.2 and 2.3, respectively.
The data feeds and applications may include data made available by IXily or third-party publishers distributing data through IXily and the IXily Data Applications available on the Site (collectively, “IXily Data”). Accordingly, certain data feeds or applications may require you to enter into an agreement directly with the third-party provider of such data feed or application. In such event, you may not access such data feed or application without agreeing to such terms, which shall constitute a direct agreement between you and the third party. You acknowledge and agree that IXily is not a party to such agreement, and you hereby hold IXily harmless from all liability arising out of or relating to such agreement. “IXily Data Applications” means the IXily API and other web or software services or applications developed by IXily and made available to you that utilize or interact with the IXily Data, as well as any related documentation, source code, applications and other materials related thereto.
- Non-Redistribution, Professional Use Parameters
With respect to all IXily Data identified as being provided with no redistribution rights, you may not redistribute such IXily Data. Your use of such IXily Data is exclusively for professional research purposes and may not be utilized to build an application intended for use by end users other than for you. You may not share your access to the IXily Data with other individuals. You must disclose in any printed or shared document containing the IXily Data either the IXily logo or reference that the data is from IXily. For example, you may use the data to create reports (e.g. analyst reports), provided that the data is presented in a static manner and repackaged in a form that adds additional information or analysis of the data beyond basic sharing of the data itself in isolation. You may not, however, include IXily Data identified as being provided with no redistribution rights in any application or otherwise provide or display the data to a third-party in a dynamic manner (i.e. frequently updating the data being displayed (through technological means relating to an API call or otherwise) as opposed to presenting the data within a certain set once as it exists at a specific moment in time). In the event the Product Terms include additional or conflicting terms with respect to the non-redistribution use parameters, such Product Terms shall apply and supersede these Terms where they conflict.
- Non-Redistribution, Non-Professional Use Parameters
With respect to all IXily Data identified as being provided with no redistribution rights, you may not redistribute such IXily Data. Your use of such IXily Data is exclusively for personal or research purposes and may not be utilized to build an application intended for use by end users other than for you. You may not utilize the IXily Data for professional purposes for which you are compensated. You may not share your access to the IXily Data with other individuals. You must disclose in any printed or shared document containing the IXily Data either the IXily logo or reference that the data is from IXily. For example, you may use the data to create reports (e.g. analyst reports), provided that the data is presented in a static manner and repackaged in a form that adds additional information or analysis of the data beyond basic sharing of the data itself in isolation. You may not, however, include IXily Data identified as being provided with no redistribution rights in any application or otherwise provide or display the data to a third-party in a dynamic manner (i.e. frequently updating the data being displayed (through technological means relating to an API call or otherwise) as opposed to presenting the data within a certain set once as it exists at a specific moment in time). In the event the Product Terms include additional or conflicting terms with respect to the non-redistribution use parameters, such Product Terms shall apply and supersede these Terms where they conflict.
- Redistribution Use Parameters
With respect to all IXily Data identified as being provided with redistribution rights, you are permitted to receive, process, and display the IXily Data in your own application to individual end users of your application, provided you or your End Users use the data in such a way as to not resell or otherwise commercially exploit the IXily Data (provided that you may commercialize your application so long as such commercialization and the demand for such application is not directly or primarily tied to the IXily Data itself and material, substantial functionality and/or analysis is provided in connection with such IXily Data). You are also permitted to systematically query the API with respect to such data (subject to applicable Daily API Call Limits). You must disclose in your application, website or software (on any page where IXily Data is used) either the IXily logo or reference that the data is from IXily. In the event the Product Terms include additional or conflicting terms with respect to the redistribution use parameters, such Product Terms shall apply and supersede these Terms where they conflict.
Regardless of whether the data is redistributable, you shall not repackage or resell the IXily Data or IXily Data Applications in any form, including, without limitation, bulk form (subject to your limited rights to use and display the data as set forth in Section 2.2, Section 2.3, or Section 2.4 as applicable, and provided further that an entire data feed may be used within a report provided it is repackaged and accompanied by additional analysis as opposed to general republishing). If you reach your Daily API Call Limit for your subscription (which is set forth in the applicable Product Terms), your service will be shut off until the next day, which resets at 12:00am Eastern Standard Time US. Additionally, as noted above, your access and use of each IXily data feed or application is subject to any restrictions and limitations (e.g. redistribution restrictions and API usage limitations) set forth in the Product Terms for each such data feed or application.
Your Eligibility; Your Responsibility
To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only provide accurate information to IXily; (iv) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (v) will not violate any rights of IXily or a third party.
You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited.
Your Account; Your Content
By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
- Your Account
The account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that IXily, in its sole discretion, deems offensive or inappropriate. IXily reserves the right to deny creation of your account based on IXily’s inability to verify the authenticity of your registration information.
- User Content
You are solely responsible for all content (including, but not limited to all investment write-ups/theses, company information, financial models, financial projections, economic information, user information, profile information, forum posts, comment posts, user to user messages, and text/design/content of any kind) (collectively the “User Content”) that you upload, publish or display (hereinafter, “post”) on or through the Services, or transmit to or share with other users of the Services. You may not post, transmit, or share User Content on the Services that you did not create, to which you do not hold a copyright, or that you do not have permission to post.
By posting User Content to or through any part of the Services, you automatically grant, without compensation from IXily, and you represent and warrant that You have the right to grant, to IXily an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose (including, without limitation, any commercial purpose, including, creating a platform for the sublicensed User Content). Through or in connection with the Services, IXily may grant and authorize sublicenses of the foregoing, without any obligation to compensate you.
You may remove your User Content from the Services at any time, provided that you acknowledge and agree that IXily’s license and all sublicenses to the User Content shall continue perpetually as specified in the license grant above. IXily does not assert any ownership rights over Your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
- Interactions with Other Users
You are solely responsible for all interactions with other users. You acknowledge and agree that we do not have an obligation to verify any User Content or other information provided by users on the Services. IXily enables sharing of information by allowing users to post content and information. Pursuant to the license granted by you above, IXily may grant other users of the Services access and share rights to your Content in accordance with these Terms. Information you share may be seen and used by other users of the Services. IXily is not responsible for another user’s or other third party’s misappropriation or misuse of your User Content or other information. You are solely responsible for your interactions with other users. Additionally, IXily is not responsible for the truthfulness, accuracy, authenticity, or completeness of any of the User Content or any other information provided by other users or any other third party.
You hereby release IXily from all claims, demands, or damages of every kind, known or unknown, in any way connected with (i) any relationship arising between users of the Services, (ii) any dispute between you and another user, or (iii) arising out of any services which originated through the Services or were otherwise provided by a user. Additionally, you agree to immediately report to us any false information provided or misconduct by any user of the Services. It is your responsibility to make sure that any dialogue or communication initiated is not in violation of any securities laws, the policies of your employer, or any agreement to which you are subject.
You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to IXily (“Feedback”) to IXily. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and IXily shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from IXily under any circumstances relating to such Feedback.
Personal Use; Limited License; Ownership
Subject to the terms and conditions herein, IXily grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device or IXily authorized Site to view content and information, including IXily Data, and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host content for others. You may not copy or download any content from the Services except with the prior written approval of IXily. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and IXily.
Furthermore, without the prior written approval of IXily, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by IXily are licensed, not sold. The Services, and all copies of the Services, are owned by IXily or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. IXily reserves all rights not expressly granted to you herein. You agree that you have no right to any IXily trademark or service mark and may not use any such mark in any way unless expressly authorized by IXily.
Making unauthorized copies or distribution of Site content or otherwise violating these Terms may result in the termination of your IXily account, prohibition on use of the Services, and further legal action. IXily reserves the right to limit your use of or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms of Service. IXily is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold IXily harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.
Fees; Payment Terms
If you purchase any Services that we offer for a fee (“Paid Services”), you agree to pay the applicable fees for the Paid Services when due plus all related taxes. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. Unless otherwise denoted, all fees are assessed in UK Sterling. You also agree that IXily and its third-party service providers providing payment processing services may store your payment information. We may charge your payment information for subsequent charges you authorize, such as account upgrades or other special charges authorized by you. If the payment method you use with us reaches its expiration date and you do not edit the applicable information or cancel such Paid Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. If you purchase a subscription to a Paid Service, you will be billed for your first month immediately upon purchasing or upgrading to a subscription account. Unless otherwise set forth on an applicable ordering document incorporating these Terms, the Services are billed in advance and are non-refundable. Your subscription account shall automatically renew, provided that you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You shall retain access to such Paid Services from the time you cancel until the start of the next billing period, but you will not receive a refund or credit for any days remaining in your current billing period. You agree to reimburse us for all collection costs and interest for any overdue amounts.
Failure to pay may result in the termination of your subscription. You may cancel or suspend your Paid Services by contacting IXily at support@IXily.io. Unless expressly stated to the contrary, we do not guarantee refunds for lack of usage, dissatisfaction or any other reason. Paid Services may be subject to additional terms, in addition to these Terms, related to the provision of the Paid Service.
Acceptable Use Policy
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
- Acts that may materially and adversely affect the quality of other users’ experience
- Actual or attempted unauthorized use or sabotage of any computers, machines or networks
- Introducing malicious programs into IXily’s Services, network or servers (e.g. viruses, worms, Trojan horses, etc.)
- Engaging in any monitoring or interception of data not intended for you without authorization
- Attempting to circumvent authentication or security of any host, network, or account without authorization
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
- Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other users’ content, in whole or part
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by IXily in writing
- Using any method, software or program designed to collect identity information, authentication credentials, or other information
- Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights
- Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights
- Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- Falsifying user identification information
- the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
- Impersonating any person or entity, including, but not limited to, a IXily representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Right to Restrict or Terminate Access
IXily may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that IXily in its reasonable discretion believes violates the letter or spirit of any of these Terms. If IXily denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
You may terminate these Terms by terminating your use of the Services and any related account. IXily may terminate these Terms for any reason or no reason at any time. In the event that these Terms or the Services are terminated, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, IXily reserves the right to delete all of your Content, data, and other information stored on IXily’s servers. IXily will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by IXily pursuant to these Terms as a result of such termination.
Without limiting the generality of the foregoing, IXily will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. Termination of these Terms or the Services does not relieve you from your obligation to pay IXily any amounts owed to IXily.
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to IXily any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords. IXily shall not be liable for any unauthorized use of payment accounts. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained through the use of the Services.
Actual service coverage, speeds, locations and quality may vary. IXily will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Service limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
IXily is not a registered investment advisor or broker/dealer. You are advised that the material contained herein should be used solely for informational purposes. You should always conduct your own research and due diligence and obtain professional advice before making any investment decision. Neither IXily nor its other users will be liable for any loss or damage caused by a reliance on information obtained in any Services Content or User Content.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL SITE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. IXILY DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IXILY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, IXILY’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL IXILY, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“IXILY PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
A IXILY PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF: (A) THE AMOUNT YOU PAID IXILY FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS. IN NO EVENT SHALL IXILY BE LIABLE FOR ANY INVESTMENT GAIN/LOSS YOU INCUR DURING YOUR INVESTMENT IN THE STOCK MARKET. INVESTING IN STOCKS IS RISKY. THE PAST PERFORMANCES OF ANY PERSON(S) DO NOT GUARANTEE THEIR FUTURE PERFORMANCES. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE IXILY PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY IXILY TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 16 AND 17 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
Investment Risk; No Solicitation of Advice
An investment in stocks could lose money over short or even long periods. You should expect stock prices and returns may have large range fluctuations. NO GUARANTEE CAN BE MADE IF YOU INVEST BASED ON THE INFORMATION PROVIDED ON THIS SITE. You specifically acknowledge that none of the IXily Parties will be held liable for losses or gains arising out of or relating to your use of the Services and that no other IXily user will be liable to you for losses or gains arising out of any Services Content or User Content of any type available through the Services. You acknowledge that your investment decisions or recommendations are made entirely at your election. You also specifically acknowledge that any user may or may not have a position in any investment described in User Content and that you have been informed that the user posting User Content may have established a position at a much earlier time at more favorable prices, has no duty to update the User Content if its investment position changes, and may effect transactions in investments before or after, and in the same manner or the opposite manner, to any investment transactions directly or indirectly described in the User Content.
You agree to defend, indemnify and hold the IXily Parties harmless from any claim or demand, including reasonable legal fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) your Content or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any rights of another; or (iv) your use of the Services. IXily reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
Copyright Protected Materials
IXily respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Services that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other rights holder. IXily has the right, but not the obligation, to remove from the Services any files, material, information, software or other material IXily believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to: admin@IXily.io.
Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.
Electronic Notices and Disclosures
You acknowledge and agree that IXily may provide notices and other disclosures to you electronically by posting such notices or other disclosures on IXily’s website or by emailing it to you at any email address provided to IXily by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
Changes to the Terms
We may add to, change or remove any part of these Terms at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting on the Site. As your next visit to the Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account.
Your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.
Third-Party Terms & Content
These Terms, along with any rules, guidelines, or policies published on the IXily homepage constitutes the entire agreement between IXily and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by you by shall be effective unless acknowledged in writing by IXily. Notwithstanding the foregoing, IXily reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above. These Terms shall be governed by, and construed in accordance with, the laws of the state of Delaware, without reference to its choice of law rules. You agree that IXily shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of IXily. IXily’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that IXily may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to IXily, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to IXily. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and IXily, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this Agreement. If you have any questions, complaints, or claims, you may contact IXily at email@example.com