Terms of Service

Effective on: 02/12/2024

1. Introduction

These terms, known henceforth as "the Terms," are between you ("User", "you"), and Vega Minds LLC ("Firm", "us"). The purpose of these Terms is to provide you access to a range of services termed as "Services" and described below. Services are commonly delivered through our web platform ("Website").

Please ensure you thoroughly read and understand these Terms prior to giving your consent. During the account creation process, you will be asked to give your consent by selecting a checkbox. This checkbox confirms that you have fully understood and agreed to the terms outlined in these Terms and that you have reviewed our Privacy Policy. Your careful consideration and agreement are essential before proceeding.

2. Scope of service

2.1. Description of service

The overarching objective of our Services is to enable artificial intelligence for firms in the financial services industry. To that effect, the Firm develops and may provide an AI assistant, API features or more complex integrated services to the User. The Services may be offered on a "per seat" basis, meaning that we will enable the Services for selected firm members, or on a company-wide basis, meaning that the Services will be made available to the firm as a whole and will not be firm-member specific.

By using the Service, you fully accept the Terms, which govern the relationship between the Firm and User. Services provided by other entities through our Services or Website are subject to their own terms, and these entities bear responsibility for service delivery unless stated otherwise in our Terms. Users must use the Services and Website as intended in these Terms. Minimum technical requirements for using the Website include internet access and a browser less than a year old (Google Chrome, Opera, Firefox, Safari, or Microsoft Edge) with JavaScript enabled.

2.2. Support

The Firm will provide reasonable technical support and maintenance services. In addition, the Firm may offer training materials, documentation, or tutorials to assist the User in effectively utilizing the Services.

2.3. Limitations

In using our AI tools, the User acknowledges and accepts their inherent limitations. While the Firm strives to deliver high-quality and effective solutions, we cannot guarantee specific results or outcomes from the use of our AI tools. The effectiveness and accuracy of these tools can vary significantly based on numerous factors. These include, but are not limited to, the quality, completeness, and relevance of the data provided by the User, as well as external variables that may influence the tools' performance. Users are advised to consider these limitations in their expectations and application of the AI tools provided by the Firm.

2.4. Third party services

The tools developed by the Firm may integrate or utilize certain third-party services, platforms, or data sources to enhance functionality or provide additional features. The User agrees to comply with any terms and conditions or requirements imposed by these third-party providers when using our Services.

3. User obligations

We want to ensure a secure and productive environment for all. While we don't have any specific obligations for the User, we encourage you to adhere to the following general guidelines.

Use our Website and Services in compliance with all applicable laws, regulations, and industry standards, ensuring that your usage does not infringe upon the rights of others or violate any legal obligations. Utilize our Website and Services responsibly and ethically, avoiding any activities that may harm the system, compromise data security, or violate the terms of service. Keep your login credentials confidential and secure, refrain from sharing your account information with unauthorized individuals or entities. Respect the privacy of other users and the confidentiality of the data generated or shared within the platform, refrain from accessing, collecting, or sharing sensitive or personal information without proper authorization.

3.1. Prohibited use

You are required to use our Services and Website lawfully and in accordance with our Terms. This includes avoiding any use that violates national or international laws, exploiting or harming minors, transmitting unsolicited advertising or promotional materials, impersonating the Company or others, or engaging in illegal, threatening, fraudulent, or harmful activities.

Additionally, you must not overburden, damage, or impair the functionality of the Services or Website, interfere with others' use, use automated systems like robots for unauthorized purposes, introduce malicious material, attempt unauthorized access, disrupt any parts of our Service, conduct denial-of-service attacks, harm our company's rating, or interfere with the proper working of our Service.

3.2. Error reporting and feedback

Promptly report any security vulnerabilities, suspicious activities, or misuse of the Website and Services to our support team, as your cooperation helps us maintain a safe and reliable platform for everyone.

Please note that these are general guidelines to ensure a positive user experience and protect the integrity of our Services. While we don't impose specific obligations, we rely on the collective responsibility of our users to maintain a secure and respectful environment.

By using our products and Services, you agree to abide by these user obligations. Failure to comply with these guidelines may result in restrictions or termination of your access to our Services.

4. Privacy and data protection

The protection of your privacy and the responsible handling of your data are fundamental to us. We are committed to ensuring that your data is handled securely and in accordance with applicable privacy laws and regulations. We are fully aware of the privacy challenges that arise from leveraging emerging technologies like generative models, and we have actively developed and implemented, and continue developing and implementing, secure practices to ensure the utmost level of privacy and protection. This section provides a summary of our privacy and data protection practices. For more comprehensive details on how we collect, use, and protect your data, please refer to our Privacy Policy.

5. Subscriptions

Our standard subscription model, applicable to most of our Service, requires upfront payment on the first day of each month. This billing is based on the total number of active subscriptions as of that date. Each subscription is subject to a minimum duration of one month, unless otherwise agreed upon.

5.1. Trial period

From time to time and at our sole discretion, we may offer a trial period for our Service.

5.2. Changes to subscriptions

We reserve the right to modify the subscription fees for our Subscriptions at any time, at our sole discretion. Changes to subscription fees will take effect at the end of your current billing cycle. We will provide you with reasonable advance notice of any changes in subscription fees, allowing you the opportunity to cancel your subscription before the new fees apply. By continuing to use our Services after a subscription fee change, you agree to the revised fee amount.

5.3. Discounts

We may offer discounts on our Services at our sole discretion. These discounts may be available for specific promotional periods or under certain conditions. All discounts provided are non-transferable and have no cash value. They can only be used in accordance with the terms and conditions specified for each discount. We reserve the right to modify or revoke any discount at any time, with or without notice.

5.4. Refunds

Paid subscriptions are non-refundable, except when required by law.

6. Content

Our Services and Website may enable you to post, link, store, share, and make available various types of content, including information, text, graphics, videos, or other materials ("Content"). You are responsible for ensuring that any Content you post is legal, reliable, and appropriate, and you must have the ownership or necessary rights to use it. By posting Content, you confirm that it does not infringe on any third party's privacy, publicity, copyright, or other rights. We reserve the right to terminate accounts involved in copyright infringement. While you retain all rights to your Content, we are not liable for any Content posted by you or any third party. We neither own nor modify your data, nor do we publicly post it. Users are fully liable for their Content and, where applicable, must support our efforts in intellectual property rights disputes and indemnify the Firm from claims related to such rights.

7. Intellectual Property

The Services and the Website, along with their original content (excluding Content provided by users), features, and functionality, are the exclusive property of the Firm and its licensors. Governed by copyright, trademark, and other laws in both the United States and abroad, their use is strictly protected. Usage of our trademarks and trade dress requires prior written consent from the Firm. By using the Service, Users gain any rights in the Intellectual Property, and such use is confined to authorized personal use as outlined in Article 23 of the Copyright and Related Rights Act of February 4, 1994.

A Subscription grants Users a limited, non-transferable, revocable, and non-exclusive License to use the Services according to the terms of the Subscription. This License forbids sublicensing and is applicable in the following scenarios:

• Installing the Services as part of the User's website and/or software under subscription;
• Utilizing the Services for the benefit of the User's customers;

Users must not engage in modifying, reverse engineering, decompiling, disassembling, or trying to extract the source code of the Services or the Website. The creation or publication of APIs, proxying access, or automated use of the Services or the Website (via machines or computer programs) is expressly prohibited.

8. Copyright policy

We respect the intellectual property rights of others and are committed to responding to any claim of Content posted on the Services or Website that infringes the copyright or other intellectual property rights ("Infringement") of any person or entity. Copyright owners or those authorized to act on their behalf who believe that their copyrighted work has been copied in a manner that constitutes Infringement should submit a claim via email to contact@vegaminds.com, with the subject line: "Copyright Infringement." Your claim should include a detailed description of the alleged Infringement. Please note that you may be held accountable for damages, including costs and attorneys' fees, for misrepresentation or bad-faith claims regarding any Content found on or through the Services or Website infringing on your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail). You can contact our copyright agent by sending an email to contact@vegaminds.com.

9. Service outages

We do not ensure continuous access to the Services or Website. We reserve the right to temporarily suspend the Service, or specific features thereof. In case of a planned suspension, we will notify users at least 3 days in advance through an announcement on the Website or via email registered with your Account. For unplanned interruptions, we will promptly inform users through the Website or email. By accepting these Terms of Service, you acknowledge and agree that the Services may not always be fully reliable.

10. Termination

You have the freedom to terminate the contract with us at any time by providing notice. If you have a recurring subscription, please be aware that our recurring subscriptions are billed upfront and are non-refundable. Consult the Subscriptions section of this document for more information about our process.

We also reserve the right to terminate your access to our Website and Services at our discretion, for any reason, and without refund. This includes situations where there is a breach of the Agreement or violation of our terms of service.

11. Limitation of Liability and Indemnification

11.1. Limitation of liability

We strive to provide reliable and high-quality Website and Services. However, it is important to understand that the use of our Website and Services is at your own risk. To the maximum extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use our Website and Services, including but not limited to damages for loss of profits, data, or other intangible losses.

We make no warranties or representations, whether expressed or implied, regarding the accuracy, reliability, or suitability of our Website and Services for your specific needs. We do not guarantee that our Website and Services will be error-free, uninterrupted, or free from viruses or other harmful components. Any reliance on our Website and Services is solely at your own discretion and risk.

11.2. Indemnification

You agree to indemnify, defend, and hold us harmless from and against any claims, damages, losses, liabilities, and expenses, including legal fees and costs, arising out of or in connection with your use of our Website and Services, your violation of any applicable laws or regulations, or your breach of these Terms.

You agree to cooperate fully in the defense of any such claims and to promptly provide us with any information or assistance that may be required. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you shall cooperate with us in asserting any available defenses.

Please note that this limitation of liability and indemnification provision applies to the fullest extent permitted by applicable law and shall survive the termination of your use of our Website and Services.

11.3. Links to outside sites

Our Services contain links to external sites not operated by us. Clicking on a third-party link will take you to that site, where we recommend reviewing their Privacy Policy. We do not control, and are not responsible for, the content, privacy policies, or practices of any third-party sites or services.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms, including its interpretation, validity, or breach, shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA).

The arbitration shall take place in Los Angeles, California, unless otherwise mutually agreed upon by the parties. The arbitrator's decision shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

In the event that arbitration is not possible or permitted by law, both parties agree to submit to the exclusive jurisdiction and venue of the federal and state courts located in the state of California. Each party waives any objection to the jurisdiction and venue of such courts.

The prevailing party in any legal action or proceeding arising out of or related to these Terms shall be entitled to recover its reasonable attorneys' fees and costs.

Please note that this governing law and dispute resolution provision applies to clients located in the United States. For clients outside the United States, the resolution of disputes may be subject to different laws and procedures as stipulated in applicable international agreements or local laws.

13. Terms update

We may modify or update these Terms, including pricing terms, as necessary. Users will be notified of any changes via the contact email provided. It is the responsibility of the User to keep their contact email up to date. By continuing to use our Website and Services after the effective date of changes, users indicate their acceptance of the revised terms.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms.

15. Amendments

We may update these Terms at any time, with the changes posted on this site (https://vegaminds.com/terms-of-service). It's your responsibility to regularly review the Terms. Your continued use of the Platform after any updates signifies your acceptance of the revised Terms. If you don't agree to the new terms, you must stop using the Service. In case of any conflict between these Terms and any separate agreement you may have with us, the provisions of that agreement will prevail, including any amendments to these Terms specified therein.

16. Acknowledgement

By using our Services and any related services provided by us, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

17. Additional questions

If you have any questions regarding these Terms of Service, feel free to contact us at contact@vegaminds.com.