AgentSmyth LLC Terms of Service

Last Revised: April 12, 2024

PLEASE READ THESE TERMS OF SERVICE ("TERMS OF SERVICE" OR "AGREEMENT") CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

AgentSmyth LLC and its affiliates (hereinafter referred to together as "AgentSmyth," "Us," "We," or "the Company") provides our customers with access to autonomous AI agents that integrate into financial workflows to provide research, analytics and insights on our website located at www.agentsmyth.com (the "Site"). The AI agents and associated services shall collectively be referred to as the "Services". By accessing or using the Site and Services or by clicking to accept or otherwise accepting these Terms of Service, you ("You" or "User") agree that You have read, understand, accept, and agree to be bound by these Terms of Service and our Privacy Policy, found at www.agentsmyth.com/privacy, incorporated herein by reference, whether or not You are a registered member of AgentSmyth. If You are an entity who has employees or agents who will be using the Site on Your behalf or within their duties as employees or agents ("Active Users"), or otherwise provide access to third parties in connection with your use of the Services, You agree that such Active Users and other third parties will be informed of, and will not use the Site or Services unless they agree to, these Terms of Service. If You do not agree to these Terms of Service or the Privacy Policy, do not use this Site.We reserve the right, at our sole discretion, to change these Terms of Service which shall be effective upon being posted on the Site. The latest Terms of Service will be posted on the Site and You should always review them prior to using the Site.

Eligibility
‍The Site is intended solely for users who are eighteen (18) years of age or older and who are: (a) financial professionals, corporations, or consultancies with extensive knowledge of markets, investment risks, and the limitations of the Site; or (b) individuals or entities otherwise knowledgeable of markets, investment risks, and the limitations of the Site. Your use of the Site shall be deemed a representation by You that You meet the aforementioned eligibility requirements. If You do not meet these requirements, do not access or use the Site.Registration Data; Account Security

By signing up for the Services and using the Site, You agree to: (a) provide your accurate, current, and complete information for registration on the Site ("Registration Data") when required; (b) maintain the security of your log-in credentials; (c) promptly update your Registration Data, and any other of your information to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account.Proprietary Rights in Site Content; Limited License
All content on the Site, including all AI agent outputs, data, insights and other content (collectively, the "Site Content") is the proprietary information of the Company, with all rights reserved by the Company.Subject to the terms and conditions of these Terms of Service, You are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for your own internal working purposes, provided that You keep all copyright or other proprietary notices intact. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate your limited license granted herein.Trademarks

The Company name, the terms, the company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site are the trademark of their respective owners.

User Conduct
‍You represent, warrant and agree that any materials of any kind submitted or shared by You on or through the Services will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contain otherwise unlawful material.You agree that You will not knowingly trade on any material non-public information that may have been shared on the Site in violation of insider trading regulations and/or other applicable laws, rules and regulations.

AGENTSMYTH TAKES CERTAIN MEASURES TO PREVENT, DETECT, AND CORRECT VIOLATIONS OF THE UNITED STATES SECURITIES LAWS AND OTHER RELEVANT LAWS AND REGULATIONS AND THE DISSEMINATION OF MATERIAL NON-PUBLIC INFORMATION IN CONNECTION WITH THE PROVISION OF THE SERVICES. AGENTSMYTH DOES NOT GUARANTEE THAT YOU WILL NOT BE EXPOSED TO ANY MATERIAL NON-PUBLIC INFORMATION AND YOU REMAIN SOLELY RESPONSIBLE FOR NOT VIOLATING ANY APPLICABLE LAWS WHEN USING ANY INFORMATION YOU MAY OBTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.

In addition, in connection with your use of the Sites and Services, You agree that You will not:
act in any unlawful manner, including, but not limited to, touting or hyping an investment or otherwise engaging in market manipulating activities; interact in any manner that could damage, disable, overburden, or impair the Site;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself; distribute any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

User Content
‍You understand and acknowledge that You are solely responsible for all content that You provide to the Company or share on or through the Site (collectively the "User Content"). The Company is not responsible for the accuracy of any User Content or for validating the availability and/or use of such content on the Site.When You provide User Content to the Company, You authorize and direct us to make such copies thereof as we deem necessary. By providing User Content to the Company, You automatically grant, without compensation to You, and You represent and warrant that You have the right to grant, to the Company 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 on or in connection with the Site, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

We have the right to cooperate fully with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY IN GOOD FAITH DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Fees and Payment
Fees. You will pay all fees specified in each applicable Order Form. Fees are based on Services purchased and not actual usage. Payment obligations are non-cancelable and fees paid are nonrefundable.

Invoicing and Payment.
Unless otherwise agreed, invoiced charges are due within thirty (30) days from the invoice date. You are responsible for providing complete and accurate billing and contact information to Us and for notifying Us of any changes to such information.


Termination
We may terminate your access to the Site and Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms of Service that by their nature should survive termination shall survive termination.

Warranty Disclaimer
THE SITE AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AGENTSMYTH AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY OR COMPLETENESS. AGENTSMYTH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.