Last updated November 22, 2024

Section 1. Introduction

These Terms and Conditions ("T&C") establish the legal framework governing your access to and use of the services, software, and platform (collectively, the "Platform") provided by Captide, Inc. ("Captide," "we," "our," or "us"). By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these T&C.

Captide is committed to providing a secure, innovative, and reliable environment that leverages AI-driven technology to streamline financial research and data processing. These T&C are designed to protect both Captide and its users by ensuring clarity, compliance, and mutual respect. If you do not agree to these T&C, you must discontinue using the Platform immediately. Continued use of the Platform constitutes your ongoing acceptance of these T&C, including any amendments or updates.

These T&C form a binding legal agreement between Captide and you ("User" or "you"), whether you are accessing the Platform as an individual professional or on behalf of an entity. If you are accepting these T&C on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these T&C.

Captide reserves the right to modify or update these T&C at its discretion. Material changes will be communicated to users via email, notifications on the Platform, or other appropriate means at least 30 days before they take effect. Continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised T&C.

For any questions or concerns regarding these T&C, please contact us at legal@captide.co.

Section 2. Company Information

Captide is a Delaware C-Corporation established under the laws of the State of Delaware, United States. Captide's registered office is 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808. Our mission is to deliver innovative equity research solutions through AI-powered financial data workflows and analytics.

As a company committed to transparency, we adhere to all applicable state and federal regulations to ensure our operations meet the highest standards of legal and ethical conduct. Captide operates in compliance with all applicable state and federal regulations of the United States. Any disputes or claims arising out of or related to these Terms & Conditions are governed by the laws of the State of Delaware.

Section 3. Platform Overview and Definitions

3.1 Description of Services

Captide offers an advanced equity research platform powered by artificial intelligence (AI) to automate financial data processing and analysis. The platform provides users with tools to:

Captide’s platform leverages proprietary Generative AI technology to streamline complex investment research and financial data management tasks, enhancing productivity for professional users and organizations.

3.2 Scope of Use

Users may utilize Captide’s platform solely for lawful purposes aligned with ethical and legal standards. Users may utilitze the platform for:

Redistribution or resale of Captide-generated data, workflows, or outputs is strictly prohibited without explicit authorization and a formal data licensing agreement. Users must subscribe to the appropriate Data Licensing Plan for such purposes.

3.3 Platform Limitations

Captide generates outputs using a proprietary AI engine that processes publicly available data, user inputs, and third-party sources. While Captide strives for accuracy and reliability, it cannot guarantee the precision, completeness, or timeliness of the data. Users acknowledge that:

3.4 Beta Features Disclaimer

Captide may, from time to time, introduce features or functionalities designated as “beta” (the “Beta Features”) for testing and evaluation purposes. Users acknowledge that beta features may be experimental and subject to bugs, changes, or limited functionality. Captide disclaims any liability for issues arising from the use of Beta Features, encourages user feedback to improve the platform, and reserves the right to modify, limit, or discontinue Beta Features at any time without prior notice.

Section 4. User Accounts

4.1 Account Registration and Eligibility

To access and use Captide’s platform and services, users must register an account by providing accurate, current, and complete information. By registering, you confirm that you:

4.2 Account Responsibilities

Users are solely responsible for maintaining the confidentiality and security of their account credentials. Activities conducted under your account, whether authorized by you or not, are your responsibility. You must notify Captide immediately of any unauthorized access or suspicious activity related to your account.

4.3 Authorized Use

4.4 Account Management

4.5 Trial Accounts

During the free trial period, users can evaluate Captide’s services with full access, subject to the trial limitations outlined in Section 6. Misuse of trial accounts, such as creating multiple accounts to bypass limitations, may result in immediate termination.

4.6 Suspension and Termination of Accounts

Captide reserves the right to suspend or terminate accounts in cases of:

Upon termination, users’ data may be retained as outlined in Section 11.

4.7 Account Deactivation

Users may deactivate their accounts at any time by contacting Captide support. Deactivation will remove access to the platform but will not result in refunds for any prepaid subscription fees, as outlined in Section 5.

Section 5. Subscription Plans and Pricing

5.1 Plan Offerings

Captide provides the following subscription plans to meet diverse user needs:

5.2 Billing and Payments

5.3 Refunds and Cancellation

5.4 Plan Changes

Users may upgrade plans at any time. Any additional charges will be prorated for the remainder of the billing cycle. Downgrades to lower-tier plans take effect at the end of the current billing cycle and may result in the loss of access to certain features.

Section 6. Free Trial

6.1 Free Trial Terms

Captide offers a 20-day free trial with full platform access, allowing users to:

6.2 Limitations and Misuse

6.3 Conversion to Paid Subscription

Section 7. User Responsibilities

7.1 Compliance with Laws and Regulations

Users must use the platform and its services solely for lawful purposes and in compliance with all applicable local, national, and international laws and regulations. It is the user's responsibility to ensure that their use of Captide complies with all legal and regulatory requirements.

7.2 Account Security

Users are responsible for maintaining the confidentiality of their account credentials and ensuring that only authorized individuals have access to their accounts. Users must:

Failure to safeguard account credentials may result in account suspension or termination.

7.3 Prohibited Activities

Users are expressly prohibited from:

Failure to adhere to these guidelines may result in account suspension, termination, or further legal actions, depending on the severity of the violation.

7.4 Use of Captide’s Outputs

Users are permitted to use Captide’s outputs, including workflows and datasets, for their own business operations and investment research. Redistribution or resale of these outputs to third parties is strictly prohibited unless the user has entered into a data licensing agreement with Captide.

7.5 Data and Workflow Sharing

While users may share workflows and datasets internally within their organization, they must ensure that these materials are not distributed to unauthorized parties. Users bear full responsibility for ensuring that shared materials comply with these Terms and Conditions.

7.6 Ethical Standards

Users must conduct all activities on the platform ethically and professionally, ensuring:

7.7 Consequences of Non-Compliance

Non-compliance with these responsibilities may result in:

Captide reserves the right to investigate and take appropriate actions against violations, including reporting such violations to law enforcement authorities where necessary.

Section 8. Intellectual Property

8.1 Ownership of Platform Content

All proprietary content, algorithms, workflows, data visualizations, and tools provided by Captide (the "Platform Content") are the exclusive property of Captide. This includes all source code, databases, software, website designs, audio, video, text, photographs, and graphics created by or on behalf of Captide. These materials are protected by intellectual property laws, including copyright, trademark, and patent laws. Users are granted no ownership rights over the Platform Content by accessing or using the platform.

8.2 User-Generated Content

Users retain ownership of any workflows, datasets, or other content they create using the platform (“User-Generated Content”). However, by using Captide’s platform, users grant Captide a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, and modify User-Generated Content solely for purposes of platform improvement, troubleshooting, and service optimization. Captide will not use User-Generated Content for commercial purposes without explicit consent.

8.3 Redistribution and Resale

Users interested in redistributing or reselling Captide’s outputs must subscribe to the Data Licensing Plan. Unauthorized redistribution or resale of Captide’s outputs, workflows, or datasets is strictly prohibited and constitutes a breach of this agreement.

8.4 Feedback and Contributions

Users’ feedback, suggestions, and recommendations regarding platform improvement are considered non-confidential and the property of Captide. By providing such feedback, users grant Captide a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and commercialize their contributions for platform development and enhancements without additional compensation.

8.5 Third-Party Integrations and Data

If and when Captide integrates third-party services, appropriate licensing and intellectual property terms will apply. Captide will notify users and seek their consent before introducing any significant changes to how third-party data is handled.

8.6 Reservation of Rights

Except as expressly provided in this agreement, all rights, titles, and interests in the platform and its content are reserved by Captide. Users acknowledge that no ownership rights are transferred to them through access or usage of the platform.

8.7 Violations

Any breach of this section may result in immediate termination of user access to the platform and potential legal action. Captide reserves the right to seek damages and equitable remedies for violations of its intellectual property rights

Section 9. Privacy and Data Collection

9.1 User Data Collection

Captide collects the following types of data from its users:

9.2 Data Usage

The data collected by Captide is used for the following purposes:

9.3 Data Sharing and Third-Party Services

Captide does not share personal data with third-party entities without explicit user consent, except:

9.4 Data Security

Captide implements industry-standard security measures to protect user data, including:

9.5 Regulatory Compliance

Captide’s data practices comply with applicable U.S. laws and regulations, including the California Consumer Privacy Act (CCPA) and, where relevant, the General Data Protection Regulation (GDPR).

9.6 User Rights

Users have the following rights regarding their data:

Requests can be submitted by contacting Captide at legal@captide.co.

9.7 Data Retention

Captide retains user data for the duration of the user’s subscription and for up to two years following account termination, unless otherwise required by law or explicitly agreed upon with the user. Data may be anonymized for analytical purposes after this period.

9.8 Updates to Privacy Policy

Captide reserves the right to update its Privacy Policy as necessary. Users will be notified of significant changes via email or platform announcements at least 30 days prior to implementation. Continued use of the platform constitutes acceptance of the revised policy.

Section 10. Limitations of Liability and Data Accuracy

10.1 General Disclaimer of Liability

Captide provides its platform and services on an "as is" and "as available" basis. To the fullest extent permitted by law, Captide disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Captide’s platform generates outputs using proprietary and third-party AI technology, together with publicly available data and third-party information. While we aim for high accuracy and reliability, we do not guarantee the completeness, timeliness, or precision of any output provided through the platform.

To the fullest extent permitted by law, Captide shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, loss of data, or goodwill, even if Captide has been advised of the possibility of such damages.

10.2 Informational Nature of Outputs

All outputs generated by Captide are intended for informational purposes only and should not be relied upon as definitive, professional, or investment advice. Users are strongly encouraged to validate and independently verify all critical data and analyses before making any financial, business, or investment decisions.

By using Captide’s platform, you acknowledge and agree that:

10.3 Express Liability Limitation

Captide’s outputs are designed to supplement, not replace, professional judgment, specialized expertise, or independent research. Users are solely responsible for determining the relevance and applicability of the data to their unique circumstances. Captide expressly disclaims any liability for:

10.4 Advisory Limitation

Captide’s platform and outputs are intended solely for informational and research purposes. Captide is not a financial advisor, and no part of the platform’s outputs constitutes investment, legal, or tax advice. Users acknowledge and agree that any decisions made based on Captide’s outputs are at their own risk, and Captide is not liable for any financial or investment outcomes, losses, or damages arising from such decisions.

10.5 No Guarantee of Service Continuity

Captide does not guarantee uninterrupted service or error-free operation of the platform. Outputs may be affected by service interruptions, technical malfunctions, or other unforeseen issues. Users are advised to maintain alternative resources for critical operations. By using Captide’s platform, you accept these limitations and agree to hold Captide harmless from claims arising from reliance on outputs or service disruptions.

10.6 Maximum Liability

In any case, Captide’s total cumulative liability to a user for all claims arising out of or related to the use of the platform shall not exceed the total fees paid by the user to Captide in the three (3) months immediately preceding the event giving rise to the claim.

10.7 User Acknowledgement

By using Captide’s platform, users acknowledge and agree to these limitations of liability. Users further agree that these limitations are a reasonable allocation of risk and are essential to Captide’s ability to provide the platform and services at their current pricing structure.

Section 11. Platform Availability and Support

11.1 Hosting Services

Captide’s platform is hosted on secure, industry-standard cloud servers maintained by reputable third-party providers (“Hosting Providers”). Captide ensures that these Hosting Providers adhere to best practices for data security, uptime, and reliability. All user data and workflows are stored in compliance with applicable data protection laws and are encrypted to prevent unauthorized access.

11.2 Data Backup

Captide regularly backs up all user data, workflows, and associated platform content to minimize the risk of data loss. Backups are stored in secure locations managed by the Hosting Providers. While Captide strives to ensure data integrity, users are encouraged to maintain independent backups of any critical workflows or datasets.

11.3 Platform Availability

Captide aims to provide maximum uptime for its platform, subject to scheduled maintenance and unforeseen technical issues. Scheduled maintenance will typically occur during off-peak hours, and users will be notified at least 24 hours in advance via email or in-app notifications.

11.4 Support Services

Captide offers tiered customer support based on subscription plans:

11.5 Incident Reporting and Resolution

Users experiencing technical issues, downtime, or data access concerns can report incidents through the Captide support portal or via email at support@captide.co. Captide’s support team will prioritize issues based on severity and user impact. Resolution timelines may vary depending on the complexity of the issue.

11.6 Limitations of Support

Captide’s support services do not include assistance with third-party integrations or external systems not explicitly supported by the platform. Additionally, Captide does not guarantee resolution of issues arising from user errors, unauthorized modifications, or misuse of the platform.

11.7 Hosting and Support Updates

Captide reserves the right to modify its hosting and support services to align with evolving technologies, user needs, or operational requirements. Any significant changes will be communicated to users at least 30 days prior to implementation.

Section 12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and Conditions ("T&C") are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. By using the Captide platform, you agree to submit to the exclusive jurisdiction of the courts located in Delaware for the resolution of any disputes arising under or related to these T&C.

12.2 Jurisdiction

You agree to waive any objection to the jurisdiction of these courts, including objections based on venue or the principle of forum non conveniens. The parties agree that the laws of Delaware shall govern any and all claims, regardless of where you are located while accessing or using the platform.

12.3 Dispute Resolution Process

In the event of a dispute between you and Captide, both parties agree to attempt an amicable resolution by engaging in good faith discussions for a period of at least 30 days prior to initiating formal legal action. This period begins from the date one party provides written notice of the dispute to the other party.

12.4 Arbitration

Captide provides an optional arbitration mechanism for disputes. Users may choose arbitration under the rules of the American Arbitration Association (AAA), which can streamline the resolution process and minimize costs. Arbitration will take place in Delaware unless otherwise agreed upon.

Any claims, controversies, or disputes not resolved through the informal resolution process or arbitration shall be adjudicated exclusively in the courts of Delaware.

12.5 Class-Action Waiver

By agreeing to these T&C, you waive any right to participate in a class-action lawsuit or class-wide arbitration against Captide. Any claims or disputes must be resolved on an individual basis.

12.6 Legal Fees

Each party shall bear its own legal fees and expenses arising from or related to the enforcement of these T&C unless otherwise required by applicable law or determined by the court.

12.7 International Users

If you access the platform from outside the United States, you are responsible for complying with all applicable local laws. Captide does not guarantee compliance with any jurisdiction other than Delaware.

Section 13. Termination and Suspension

13.1 Grounds for Termination

Captide reserves the right to terminate or suspend your account and access to the platform at its sole discretion for any of the following reasons:

13.2 Procedure for Termination or Suspension

13.3 User-Initiated Termination

Users may terminate their accounts at any time by:

13.4 Data Retention

13.5 Effects of Termination

13.6 Right to Appeal

Users may appeal a termination decision by contacting support within 30 days of termination. Appeals will be reviewed, and Captide’s decision will be final.

13.7 Service Discontinuation

Captide reserves the right to discontinue or modify its platform and services at any time without liability. Users will be notified in advance where feasible.

Section 14. Amendments and Notifications

14.1 Amendments to Terms and Conditions

Captide reserves the right to amend or modify these Terms and Conditions at any time. Any changes will take effect upon being published on our platform or notified through other appropriate channels. Users are encouraged to periodically review these Terms to remain informed of updates.

14.2 User Notification

In the event of significant changes to these Terms, Captide will notify users through one or more of the following methods:

For minor updates or amendments, no specific notification may be issued, and users are expected to review the latest Terms available on our website.

14.3 Effective Date of Changes

Unless explicitly stated otherwise, changes to these Terms will take effect 30 days after notification is provided. Users who do not agree with the amended Terms must discontinue using the platform before the changes become effective. Continued use of Captide’s services after the effective date constitutes acceptance of the updated Terms.

14.4 User Feedback on Amendments

Captide values user feedback and encourages users to provide comments or concerns regarding proposed amendments during the 30-day notification period. While feedback may be reviewed and considered, the final decision on amendments remains at the discretion of Captide.

Section 15. Miscellaneous

15.1 Entire Agreement

These Terms and Conditions ("T&C"), together with the Privacy Policy and any supplemental agreements explicitly referenced herein, constitute the entire agreement between you and Captide, Inc. regarding the use of our platform and services. They supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, concerning the subject matter.

15.2 Severability

If any provision of these T&C is found to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be deemed modified to the extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be deemed severed, and the remaining provisions of the T&C shall remain in full force and effect.

15.3 No Waiver

The failure of Captide to enforce any right or provision of these T&C shall not be deemed a waiver of such right or provision. Any waiver or failure to enforce a provision in one instance shall not constitute a waiver of any other provision or the same provision in another instance.

15.4 Force Majeure

Captide shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, strikes, lockouts, wars, civil disturbances, power outages, pandemics, and disruptions in communication or internet services.

15.5 Assignment

You may not assign or transfer your rights or obligations under these T&C without Captide’s prior written consent. Captide may assign or transfer its rights and obligations under these T&C without restriction, including in the event of a merger, acquisition, or sale of assets, with prior notice to users.

15.6 No Third-Party Beneficiaries

These T&C are solely for the benefit of you and Captide. No other person or entity shall have any rights to enforce any terms of these T&C.

15.7 Survival

Provisions of these T&C that by their nature should survive termination shall survive, including but not limited to provisions on ownership, disclaimers, indemnities, limitations of liability, and governing law.

15.8 Language

These T&C are drafted in English. If they are translated into another language, the English version shall prevail in the event of any conflict or inconsistency.

For questions or concerns, contact us at legal@captide.co.

We encourage users to regularly review these T&C to stay informed of updates and ensure compliance.