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Endor Protocol Terms of Use

Last updated on March 19, 2019

Welcometo "Endor Protocol", a predictive analytics platform created by NetzForecasts Ltd. and/or its affiliates ("Netz", "we","us" or "our"), allowing users to generatepredictions based on third party data (the "Platform"). Youare just minutes away from enjoying cutting-edge Artificial Intelligence technologyleveraging MIT's novel science of Social Physics, allowing you to getfast, automated, unbiased insights from multiple analyzed data sources. Beforeyou get started, we ask that you take a few minutes and read the importantTerms of Use Agreement below. We look forward to your use of our Platform.

Terms of Use Agreement

1. Description of our Services

Our goal is to bring the ability to easily use behavioral predictive analytics to the general public.Our services ("Services"), delivered to you through our Platform, access partners, and through communications with our professionals, support any question that can be phrased in the form of "Rank group X by its likelihood to be behaviorally similar to group Y". The Services' output isa ranking of group X items according to their statistical likelihood to display the behavior displayed by the items in group Y.

2. Agreement and Acceptance of Terms of Use

ThisTerms of Use Agreement, along with any exhibits, disclosures, addendums or amendments hereto, as the same may be amended or modified from time to time(collectively, this "Agreement") constitute an agreement between you and us which sets forth the terms and conditions applicable to your access and use of our Platform and/or Services that we offer to you through thePlatform or through access partners or through our professionals. In thisAgreement, we refer to those who use the Platform and/or our Services collectively as "users".

Your use of the Platform and/or Services is subject to our Privacy Policy, which addresses how we gather, use, disclose and manage your personal information.

Please read this Agreement and our Privacy Policy carefully.

By accessing or using the Platform or any Service, you understand and agree to be bound by the terms and conditions of this Agreement and the Privacy Policy as they may be amended from time to time in the future. If you do not agree to this Agreement, then you may not use the Platform and/or Services. You also agree that:

  • You are able to enter into legally binding contracts, and you agree that this Agreement legally binds you in the same manner that a signed, written, paper contract does. You may not use the Platform or Services in any manner or attempt to access the Platform or any Service if you are not willing to be bound and abide by this Agreement.
  • WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF THE SERVICES OR FOR THE ACCURACY OF THE DATA OBTAINED FROM THIRD-PARTIES ANALYZED BY THE PLATFORM OR ANY OF OUR SERVICES. While the Platform and Services provided by us may provide significant insights, these are statistical by nature and accuracy thereof cannot be guaranteed.
  • We reserve the right to change or modify this Agreement or our Privacy Policy, or modify or discontinue any portion of the Services or features and functionality provided through the Platform, from time to time. If we decide to change this Agreement or our Privacy Policy, we will post such changes on the Platform or on our website, and such changes will be effective at such time. We reserve the right to modify or temporarily discontinue your access to the Platform or portion thereof, or any Service, with or without prior notice to you. You agree that we shall not be liable to you or any third party for any     modification of the Platform, the Services, this Agreement, or your access to the Platform or Services.
  • The Platform and Services are intended to be accessed and used only by individuals that have reached the legal age of majority in the jurisdiction where they are located, which may be 18 years or older, depending on the jurisdiction. You may not use or access this Platform or any Service unless you have reached the legal age of majority in the jurisdiction where you are  located.

4. Platform and Services -Disclaimers

By using the Platform and/or Services, you understand and acknowledge that the results you could obtain from acting or otherwise relying upon insights provided by Netz Forecasts cannot be guaranteed. You further understand and acknowledge all investments entail a risk of loss and that all investments are subject to various market, currency, economic, political, business and other risks. Investments, particularly those in cryptographic tokens and/or currencies, present numerous risks, can be very volatile and can result in a loss of principal. Such include risks of currency fluctuation, political and economic instability and differences in regulatory regime in addition to the risks present in other investments. While the insights we provide may assist in helping you manage your portfolio, you should consult with a professional investment advisor before making investment decisions or deciding on significant changes to your personal financial strategy.

5. Your Registration Information

In order to use our Platform or any of the Services, you will first need to create a Netz Forecasts user account ("Account") through the Platform or opt-in through an access partner. To establish an Account you must providePersonal Information (as defined in our Privacy Policy)that is collected on the secure enrollment page. See the Privacy Policy for further information.

6. Your ElectronicDisclosure Consent

By providing your email to enroll for use of our Services, you consent to receive all notices and information regarding our Services and other offerings electronically. Electronic communications may be posted on our Platform and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you end your relationship with Netz Forecasts as stated in Section 16. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.

 

7. Cost of Service

Your use of the Platform and related Services are offered on the fees and payment terms as specified by us on the enrollment page or by the access partner through which the Services are provided. Netz Forecasts reserves the right, inits sole discretion, to amend or change it pricing policy for its currentServices or any additional services that we may offer.

 

8. Data and Data Integrity

The overall integrity and quality of the data analyzed by the Platform is an important element in providing you with a high quality and accurate insights. Netz Forecasts, however, is not responsible for and cannot guarantee the accuracy or timeliness of data received from third party data providers, used to provide the Services.

9. Other Obligations While YouUse the Services

Confidentiality: You agree and understand that you are responsible for maintaining the confidentiality of your Account's login information and password. You should also maintain appropriate anti-virus and anti-malware software on your computer, so that your Account login information is not compromised through your own negligence. If you receive evidence that someone has committed fraud by accessing your Account you must contact us immediately at support@endor.com.

You agree that you will NOT do any of the following: (i) engage in behavior that will put your personal information at unnecessary risk, such as leaving, transmitting, or publishing your Login or passwords; (ii) use our Platform,Services or any of your accounts for illegal purposes, (iii) use our Platform or Services to transmit anything that is unlawful, libelous, intended to harass or violate the rights of another; (iv) resell or make any commercial use of thePlatform or Services, as they are intended solely for your use as an end user;(v) reverse Platformer or decompile any technology associated with the Platform or Services, including but not limited to any software applications, Java applets or plug-ins associated with the Services; (vi) use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor our Platform orServices or any portion thereof without our prior written consent; (vii) post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements; or (viii) create/register accounts or aggregate financial institutions with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper; (ix) transfer or resell our Platform or Services.

Consent to Recording.You consent to the recording of any electronic or written correspondence and any or all telephone conversations between you, us and any of our Affiliates in connection with this Agreement or the Services and agree and understand that recordings may be submitted in evidence in any legal proceeding relating to this Agreement. For compliance and regulatory purposes, we reserve the right to keep an audit trail of all insights that we provided to you.

10. Confidentiality and Feedback

We always welcome your correspondence, feedback, comments, complaints and suggestions (collectively, "Feedback") as this will help us improve our Services. You agree that all Feedback becomes our confidential information ("Confidential Information"). In addition, any of our trade secrets, computer software, product specifications as well as any non-public technical, financial or business information that we share with you is also our Confidential Information. You agree not to disclose or share any of our Confidential Information with any third party, including, without limitation, any members of the press or colleagues. Feedback may be submitted to support@endor.com

11. Third Party Software andService Providers

To facilitate our provision of the Platform and Services, we license third-party access providers to provide access to our Platform and Services through their software, tools and services ("access partners"). Such access partners may condition provision of their respective software, tools and/or services on additional terms with respect to such access partners. In the event that you access our Platform or Services through any use of the software, tools and/or services of such third-party access partners, then you may be subject to the terms of service or use and the privacy policy of such third party provider, so please review such terms carefully. Netz Forecasts is not responsible for and cannot guarantee the integrity, quality, accuracy or timeliness of software, tools and/or services provided by third party access partners, through which the Platform and/or Services are accessed and/or used.  

12. NOT Financial Services orInvestment, Legal or Tax Advice

Insights provided through the Platform and/or Services solely reflect the statistical probability of certain items to display behavior similar to such displayed by other items identified by you. Insights do not constitute in any event recommendation, suggestion, analysis or opinions given to you concerning buying, selling, holding, evaluating or analyzing any type of investment. In addition, neither we nor our Services give, offer or render tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment advisor, or tax or legal professional.

13. Ownership, Copyright, andTrademark

The technology and content used to offer, or provided in connection with, theServices, including but not limited to our Platform, are either owned by us or licensed by us from third party licensors. Such content includes the look and feel of our Platform, all our promotional materials, and in general include all text, graphics, photographs, illustrations, images, videos, tutorials, notices, software and other content, which is protected by the copyright law of theUnited States and international treaties, trademark and patent laws, and other intellectual property laws. As part of the Services, we grant you a nonexclusive, limited, royalty-free, revocable license during the term of thisAgreement to use our Platform content strictly to facilitate your personal, non-commercial use of our Services. Netz Forecasts, Endor logo and other marks used by us are our trademarks and service marks. All other product names and company logos found on promotional materials are the trademarks or service marks of their respective owners. Except as indicated in this paragraph, you may not copy, reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any of our content, information or trademarks without our express, written consent.

 

14. Disclaimer ofRepresentation and Warranty; Disclaimer of Liability

NOT WITH STANDING ANY THING STATED IN THIS AGREEMENT TO THE CONTRARY, NETZ FORECASTS, ITS LICENSORS AND AGENTS REPRESENT THAT THE PLATFORM, SERVICES AND THE WEBSITE ARE PROVIDED "ASIS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. NETZ FORECASTS, ITS LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE PLATFORM, SERVICES AND/OR THE WEBSITE. NETZ FORECASTS, ITS LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITATION, NETZ FORECASTS DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES)INCLUDED IN OR ACCESSIBLE FROM OUR SITE IS AT YOUR SOLE RISK.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NETZ FORECASTS, ITS LICENSORS AND AGENTS WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA,INFORMATION OR CONTENT, FOR ANY SERVICES INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF NETZ FORECASTS'S OR ITS LICENSORS' OR AGENTS' REASONABLE CONTROL, ORANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE SERVICES OR THE WEBSITE. NOR CAN NETZ FORECASTS OR ITS AFFILIATES, LICENSORS OR AGENTS GUARANTEE THE COMPLETE SECURITY OF THE SERVICES OR THE WEBSITE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE SERVICES OR THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM ORLOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS.IN ADDITION, WE CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SERVICES, EITHER PRESENTLY OR AS THEY EVOLVE; THE SERVICES MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES;ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER NETZ FORECASTS NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEBSITE. NEITHER NETZ FORECASTS NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER NETZ FORECASTS NOR ITS CONTENT PROVIDERS WARRANT THAT THIS WEBSITE COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.

15. Limitation of Liability

TOTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF NETZ FORECASTS,ITS AFFILIATES, LICENSORS AND AGENTS TO YOU SHALL NOT EXCEED ONE HUNDRED U.S.DOLLARS (us$100). NETZ FORECASTS, ITS LICENSORS AND AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, EVEN IF NETZ FORECASTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE WEBSITE; THE COST OF SUBSTITUTE GOODS OR SERVICES; ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED IN TO, THROUGH OR FROM THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OFYOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANYONE RELATED TO THE SERVICES; THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR ANY PROVIDER OR THIRD PARTY WEBSITE, OR ANY OTHER MATTER RELATING TO THE SERVICES OR THE WEBSITE. Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you.

THE SERVICES MAY BE AVAILABLE THROUGH A COMPATIBLE MOBILE DEVICE, INTERNET AND/OR NETWORK ACCESS AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES AND FEES AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR MOBILE DEVICE AND TELECOMMUNICATIONS PROVIDER. NETZ FORECASTS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

 

16. Ending Your Relationship with Netz Forecasts

ThisAgreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us, you may do so by closing your Account.

Please use the directions below to close your Account:

Emailsupport@endor.com from the email address associated with your Account, indicating "CANCEL" in the subject line of the message. After confirming you are theAccount owner we will remove your accounts, transactions, and login information from our records and will only continue to retain such information as we are required by law to retain.

We reserve the right to immediately terminate our legal agreement with you at anytime (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement, including any payment obligations (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) if we no longer offer any of theServices you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

 

17. Governing Law and Venue

ThisAgreement and any Services provided hereunder will be governed exclusively by the laws applicable in the State of Israel, excluding its provisions on conflicts or choice of law. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of the state courts in Tel Aviv,Israel with respect to any dispute or litigation arising under this Agreement or as the result of any Services.

18. Change of Terms

We may revise this Agreement at any time, and therefore we suggest that you check this Agreement from time to time. We may notify you of any changes at thee-mail address associated with your Account and you agree to accept email communications, links to and/or our posting of any revised Agreement on our Platform, and you agree that any of these means of our communicating a change in theAgreement constitutes adequate notice to you. Your continued access or use of the Platform or any of the Services indicates your agreement to be bound by any such revisions.

19. Indemnification

You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys' fees and costs)incurred by any of these parties that arise out of or are caused by your use of our Services and/or our Platform, your violation of this Agreement, your infringement of any intellectual property rights, or violation by any user of your Account.In the event that there are third party claims against you for which you properly seek damages from us under this Agreement, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.

20. Waiver and Severability

We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.

 

21. Section Headings

Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.

22. Entire Agreement

TheAgreement, including the separate PrivacyPolicy and any other documents referred to herein, represents the entire understanding between both you and us regarding the Services (as defined herein) and the subject matter hereof and supersedes any prior statements or representations. In the event of a conflict between the terms of this Agreement and the terms of an exhibit, amendment, schedule, addendum or disclosure, the terms of the exhibit, amendment, schedule, addendum or disclosure shall prevail but, solely as to the subject matter herein.

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