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MarketPilot Terms and Conditions

Effective Date: October 1, 2023

1. Introduction

    Welcome to MarketPilot.ai (“MarketPilot”), a technology product developed by Forest Moon AI group, owned by Endor, LLC, a Utah Limited Liability Company based at 903 East Center Street, Logan, UT 84321. MarketPilot provides market analytics made by its proprietary machine learning and artificial intelligence methods to aide in the identification of potential market behaviors.

2. Acceptance of Terms

    By accessing and using MarketPilot, you agree to be bound by these Terms and Conditions (“Terms”). These Terms apply to all visitors, users, and others who access or use the Service. These Terms and Conditions are effective as of October 1, 2023.

3. Services

    MarketPilot offers three subscription plans, each with a distinct set of features tailored to different levels of traders and investors:

    3.1 MarketPilot Observer

    The MarketPilot Observer plan is designed to provide introductory access to some of the platform's features, including:

    • Personal Dashboard

    • Limited Security Insights

    • Limited Breadth Barometer

    • Limited AI Analytics Hub

    • Limited Strength Spectrum

    3.2 MarketPilot Pro

    The MarketPilot Pro plan offers a more extensive set of analytical tools including:

    • Personal Dashboard

    • Security Insights Pro

    • Short Term AI Pain Indicator

    • AI Analytics Hub

    • Breadth Barometer

    • Strength Spectrum

    • Cluster Navigator

    3.3 MarketPilot Elite

    The MarketPilot Elite plan is engineered for access to MarketPilot's full suite of features, including:

    • Personal Dashboard

    • Security Insights Pro

    • Short Term AI Pain Indicator

    • AI Analytics Hub

    • Breadth Barometer

    • Strength Spectrum

    • Cluster Navigator

    • Tactical Trade Engine

    • Index Leaderboard

    • AI Market Raider

    • Trend Plunderer

    • Test Features

    Each plan is described in further detail on the Pricing page of MarketPilot, where users can also find information regarding the pricing for the Pro and Elite plans.

4. Subscription Plans and Pricing

    Details regarding the pricing of Pro and Elite plans, along with the features accessible under each plan, are provided on the Pricing page of MarketPilot. Users can choose between a monthly or an annual payment plan depending on the particular offering by MarketPilot from time to time. MarketPilot reserves the right to change the prices at any time. In case of any price changes, users will be notified accordingly.

5. Free Trials and Promotions

    MarketPilot may offer free trials or promotional offers to new users, as detailed on the platform. The duration of the free trial will be shown on the user's subscription management screen in the Stripe Customer Portal, accessible via the MarketPilot settings page or the subscriptions menu. Once the free trial ends, if the user has not updated their payment information in the portal, the user's account will automatically transition to a free MarketPilot Observer plan.

6. User Responsibilities and Liabilities

    6.1 User Acknowledgment and Agreement

    By using MarketPilot, users acknowledge and agree that they are responsible for their own investment decisions. MarketPilot is not liable for any losses or damages arising from the use of its financial analytics and predictions. Users are encouraged to consult with a professional financial advisor before making any investment decisions based on the information provided by MarketPilot.

    6.2 Limitation of Liability

    To the maximum extent permitted by applicable law, MarketPilot and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from the use of MarketPilot's services. This limitation of liability applies even if MarketPilot has been advised of the possibility of such damages.

    6.3 No Investment Advice

    MarketPilot does not provide personalized investment advice or recommendations. The financial analytics and predictions provided by MarketPilot are for informational purposes only and should not be construed as investment advice or a recommendation to buy, sell, or hold any particular security, portfolio of securities, or investment strategy. Users should conduct their own research and consult with a professional financial advisor before making any investment decisions.

    6.4 Indemnification

    Users agree to indemnify, defend, and hold harmless MarketPilot, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with their access to or use of MarketPilot's services.

7. Data Protection and Privacy

    MarketPilot is committed to protecting user data. For more information on how user data is collected, stored, and used, please refer to our Privacy Policy.

8. Intellectual Property

    8.1 Ownership and Protection

    All content on MarketPilot, including but not limited to text, images, graphics, and software, is the property of Endor, LLC or its content suppliers and is protected by international copyright laws. Unauthorized use, copying, distribution, or modification of any content on MarketPilot is strictly prohibited.

    8.2 User-Generated Content

    If users are allowed to submit or post content on MarketPilot, they retain ownership of their intellectual property rights in the content they submit. However, by submitting or posting content on MarketPilot, users grant Endor, LLC a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media and for any purpose, subject to the terms of our Privacy Policy.

    8.3 Third-Party Intellectual Property

    MarketPilot may contain third-party content, including but not limited to text, images, graphics, and software, which is the property of the respective third-party content suppliers and is protected by international copyright laws. MarketPilot respects the intellectual property rights of others and expects its users to do the same. Users are prohibited from using any third-party content on MarketPilot without the express permission of the respective content owner.

    8.4 Infringement Claims

    If you believe that your intellectual property rights have been infringed by any content on MarketPilot, please notify us in writing, providing sufficient information to enable us to investigate and take appropriate action. MarketPilot will respond to any valid claims of copyright infringement in accordance with applicable laws.

9. Governing Law and Dispute Resolution

    9.1 Governing Law

    These Terms and Conditions, and any disputes arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions.

    9.2 Dispute Resolution

    In the event of any dispute, claim, or controversy arising out of or in connection with these Terms and Conditions, or the breach, termination, enforcement, interpretation, or validity thereof, the parties agree to first attempt to resolve the matter amicably through good faith negotiations. If the parties are unable to resolve the dispute through negotiations, they agree to submit the dispute to binding arbitration in Cache County, Utah, in accordance with the rules of the American Arbitration Association then in effect. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or if the parties cannot agree, by an arbitrator appointed in accordance with the rules of the American Arbitration Association.

    9.3 Limitation of Liability

    To the fullest extent permitted by applicable law, MarketPilot shall not be liable for any claims arising out of or in connection with these Terms and Conditions, whether in contract, tort, or otherwise. This includes, but is not limited to, any indirect, incidental, consequential, special, punitive, or exemplary damages, such as lost profits, lost revenue, or loss of data, even if MarketPilot has been advised of the possibility of such damages. In the event that any liability is imposed on MarketPilot, the total liability of MarketPilot to the user for any claims arising out of or in connection with these Terms and Conditions shall be limited to the amount of fees paid by the user to MarketPilot during the three (3) months immediately preceding the event giving rise to the claim.

10. Amendments

    MarketPilot reserves the right to amend these Terms at any time. Users will be notified of any changes through the email address associated with their account or through an announcement on the platform.

11. Contact Information

    For any questions or concerns regarding these Terms, please contact us at legal@marketpilot.ai or at our physical address: 903 E Center St, Logan, UT 84321.

12. Cancellation and Refund Policy

    MarketPilot offers subscription plans with fees payable in advance for the entire billing cycle (monthly or yearly) as chosen by the user at the time of subscription. Payments are processed through Stripe, and MarketPilot accepts all payment methods approved by Stripe, primarily credit cards.

    12.1 Non-refundable and Non-transferable Subscription Fees

    Once a subscription fee is paid, it is non-refundable and non-transferable. Users acknowledge that they have no right to receive a refund for any reason at any time.

    12.2 Subscription Plan Changes

    In the event a user decides to change their subscription plan, the remaining balance of the current paid amount will be credited towards the new plan.

    12.3 Subscription Cancellation Process

    Users can cancel their subscription by transitioning to the MarketPilot Observer plan, which is free. The process of cancelling subscriptions is done via the MarketPilot settings page or subscription menus, and making the desired changes on the Stripe Customer Portal for MarketPilot that they are taken to.

    12.4 User Responsibility

    Users are responsible for understanding and agreeing to this Cancellation and Refund Policy when subscribing to MarketPilot's services. By subscribing, users acknowledge and accept the terms of this policy.

    12.5 Limitation of Liability

    MarketPilot shall not be liable for any losses or damages arising from the user's decision to cancel their subscription or change their subscription plan. Users are encouraged to carefully review and understand this policy before subscribing to MarketPilot's services.

13. Termination

    MarketPilot is committed to providing a reliable and secure financial market analytics platform for its users. However, in certain circumstances, it may be necessary to terminate, suspend, or downgrade a user's account. The following provisions outline the termination process and its consequences.

    13.1 Grounds for Termination

    MarketPilot reserves the right, in its sole discretion, to terminate, suspend, or downgrade a user's account at any time for reasons including, but not limited to:

    Breach of these Terms and Conditions or any other agreement between the user and MarketPilot.

    Violation of applicable laws and regulations.

    Non-payment of subscription fees.

    Misuse of the platform or its services.

    Any other conduct that MarketPilot, in its sole discretion, deems harmful to the platform or its users.

    13.2 Termination Process

    MarketPilot will notify the user of the termination, suspension, or downgrade of their account via the email address associated with their account. The user will be given a reasonable opportunity to export their data from the platform before the termination, suspension, or downgrade takes effect.

    13.3 Consequences of Termination

    Upon termination, suspension, or downgrade of a user's account, the user will no longer have access to the platform or its services. The user's data will be deleted from the platform, except for any data that MarketPilot is required to retain by law.

    13.4 Limitation of Liability

    MarketPilot shall not be liable for any losses or damages arising from the termination, suspension, or downgrade of a user's account. Users are encouraged to carefully review and understand this policy before subscribing to MarketPilot's services.

14. Third-Party Links and Services

    MarketPilot may provide links to third-party websites or services or may incorporate third-party services within its platform. These third-party services are not under the control of MarketPilot, and MarketPilot is not responsible for the content, accuracy, or any other aspect of these third-party services. The inclusion of any link does not imply endorsement by MarketPilot of the third-party service. MarketPilot will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party services.

15. Indemnification

    You agree to indemnify, defend, and hold harmless MarketPilot, Endor, LLC, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of the MarketPilot platform, your conduct, your violation of these Terms and Conditions, or your violation of any rights of another.

16. Warranty Disclaimer:

    MarketPilot is provided "as is" and "as available," without warranty of any kind, either express or implied. Without limiting the foregoing, Endor, LLC explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Endor, LLC makes no warranty that MarketPilot will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Endor, LLC or through MarketPilot, will create any warranty not expressly made herein.

17. Miscellaneous:

    17.1 Severability:

    If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, and the remaining provisions will remain in full force and effect.

    17.2 Waiver:

    The failure of Endor, LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Endor, LLC.

    17.3 Entire Agreement:

    These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements, both written and oral, with respect to the subject matter.

18. Accessibility:

    Endor, LLC is committed to making MarketPilot accessible to individuals with disabilities. We are continually working to improve the accessibility of our platform to ensure that all users have a seamless and meaningful experience. If you encounter any accessibility issues, please contact us at contact@marketpilot.ai, and we will work to resolve the issue promptly.

19. Feedback:

    We welcome feedback, suggestions, and ideas from our users on how to improve MarketPilot. By submitting feedback, you agree that Endor, LLC is free to use any ideas, concepts, or know-how contained in your feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services, without any obligation to compensate you or anyone else for such feedback.

20. Export Control:

    Users acknowledge that MarketPilot may be subject to U.S. export control laws and regulations, and agree not to use MarketPilot in violation of these laws and regulations. Users will not export or re-export, directly or indirectly, MarketPilot to: (i) any countries that are subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria); (ii) any end-user whom the user knows or has reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons; or (iii) any end-user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government.

21. Service Availability and Outages

    MarketPilot endeavors to offer a reliable and accessible service to its users. However, occurrences such as scheduled maintenance, unscheduled downtime, or other technical issues may lead to service interruptions. While MarketPilot will strive to notify users of any significant outages and work diligently to restore service as quickly as possible, uninterrupted service is not guaranteed. MarketPilot shall not be liable for any damages or losses resulting from service interruptions.

22. Data Update Frequency

    MarketPilot aims to update its data once a day on days when US equity markets are open. However, the frequency and timing of data updates are subject to change at MarketPilot's discretion or as external conditions permit. MarketPilot makes no guarantees regarding the exact timing of data updates and shall not be liable for any damages or losses resulting from changes in the update frequency.