PredictDesk Terms of Service

Important notices

Mandatory arbitration and class action waiver

Please be advised: these Terms of Service contain provisions that govern how you may bring claims between you and the Company, including the dispute and arbitration provisions later in this document. These provisions require you to resolve all disputes with the Company on an individual basis and, with limited exceptions, through final and binding arbitration rather than jury trials or class actions. By agreeing to these Terms of Service, you expressly acknowledge that you have read and understood them and have taken time to consider the consequences of this important decision.

No brokerage or investment advice disclaimer

The Services are provided for general informational, research, and analytical purposes only and are not intended to provide, and do not constitute, investment, financial, legal, tax, or other professional advice. PredictDesk is not a registered or licensed broker dealer, investment adviser, commodity trading advisor, futures commission merchant, or financial planner, and does not offer or provide personalized investment advice or recommendations to buy, sell, hold, or otherwise transact in any security, derivative, commodity interest, digital asset, or other financial instrument. No trade execution.

The Company does not act as a broker, dealer, adviser, intermediary, agent, or counterparty and does not facilitate, effect, or participate in the execution, clearing, or settlement of transactions, or handle, hold, or control customer funds, assets, or securities.

Any content, data, outputs (meaning any information or material that is generated, processed, transmitted, or otherwise made available in connection with the Services), analytics, models, signals, tools, or strategies made available through the Services are provided for informational purposes only and should not be relied upon as a basis for any investment or trading decision.

You are solely responsible for your investment and trading decisions, including the evaluation of the merits and risks of any strategy or transaction, and for compliance with all applicable laws and regulations. Use of the Services does not create any fiduciary, advisory, or professional relationship between you and the Company.

Any backtests, simulations, or hypothetical performance results are illustrative only, are based on assumptions and historical data, may not reflect actual market conditions or real-world trading factors, and do not represent actual trading results or guarantee future performance.

Performance, whether actual or simulated, is not indicative of future results. The Company does not guarantee the accuracy, completeness, timeliness, or reliability of any information or outputs provided through the Services, and disclaims liability, to the maximum extent permitted by applicable law, for losses or damages arising from your reliance on such information or outputs. Investing and trading involve significant risk, including the possible loss of some or all of your capital.

Eligibility and Age Requirements

The Services are intended solely for individuals who are at least eighteen (18) years of age. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into these Terms.

The Services and the Website are not directed to children under the age of thirteen (13), and the Company does not knowingly collect personal information from children under the age of thirteen (13).

Any access to or use of the Services by any person under the age of eighteen (18) is unauthorized, unlicensed, and in violation of these Terms.

Changes to the Terms

We reserve the right to modify these Terms at any time, in our sole discretion. Any changes will become effective when the updated Terms are posted on the Website. It is your responsibility to review these Terms periodically.

Your continued access to or use of the Services after the posting of any changes constitutes your acceptance of the revised Terms.

Services

Access to Services

Subject to your compliance with these Terms, PredictDesk grants you a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services during the term of these Terms, solely for your own internal and lawful use. PredictDesk will make the Services available to you through the Website and may provide credentials, access controls, or other mechanisms reasonably necessary to enable your access to the Services.

Use of Documentation

In connection with your authorized use of the Services, PredictDesk may make available user guides, technical documentation, manuals, help materials, or other end user materials relating to the Services (collectively, the “Documentation”). You may use the Documentation solely for your own internal use in connection with the Services and for no other purpose.

Suspension of Access

PredictDesk may temporarily suspend your access to all or any portion of the Services if it reasonably determines that:

• your use of the Services poses a security risk to the Services or PredictDesk;
• your use of the Services is fraudulent, unlawful, or materially violates these Terms;
• PredictDesk’s provision of the Services to you is prohibited by applicable law; or
• a third-party service or infrastructure required to provide the Services is suspended or unavailable.

PredictDesk will use commercially reasonable efforts to provide notice of any suspension and to restore access as soon as reasonably practicable after the issue giving rise to the suspension is resolved. PredictDesk will not be liable for any losses or damages arising from a suspension permitted under these Terms.

Aggregated Data

PredictDesk may monitor use of the Services and collect, generate, and compile data derived from such use in an aggregate and anonymized manner (“Aggregated Data”). As between you and PredictDesk, all right, title, and interest in Aggregated Data, and all intellectual property rights therein, are owned exclusively by PredictDesk. PredictDesk may use Aggregated Data for any lawful business purpose, including to operate, analyze, improve, and enhance the Services, provided that Aggregated Data does not identify you.

Account

Account Registration

You must create an account through the Website (an “Account”) in order to access and use the Services. You agree to provide accurate, current, and complete information during the registration process and to keep such information updated so that it remains accurate, current, and complete.

Account Information and Security

By creating an Account, you represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into these Terms, and are not prohibited from using the Services under applicable law. You are responsible for all activities that occur under your Account.

You are responsible for maintaining the confidentiality of your Account credentials and for all access to and use of the Services through your Account, whether authorized or unauthorized. You agree to notify the Company promptly of any unauthorized access to or use of your Account or any other breach of security.

You may not share your Account credentials with any other person. If your subscription plan permits multiple authorized users, each authorized user must access the Services using their own credentials. You may not create an Account using false or misleading information, create an Account on behalf of another person, or maintain more than one Account at any time, except as expressly permitted by your subscription plan or authorized by the Company in writing.

The Company reserves the right to suspend or terminate any Account that violates these Terms or that the Company reasonably believes presents a risk to the Services or other users.

Equipment and Internet Access

You are responsible for obtaining and maintaining all equipment, software, and internet access necessary to access and use the Services. The Services are web-based and require a compatible device and internet connection. You are solely responsible for any fees or charges incurred from your internet service provider or other third party providers in connection with your access to or use of the Services.

The availability and performance of the Services may be affected by factors outside the Company’s control, including your device, internet connection, and network configuration. The Company does not guarantee that the Services will be available or accessible at all times or without interruption.

User Responsibilities

You are responsible for your access to and use of the Services and agree to comply with all applicable laws, rules, and regulations.

You are obligated to:

• Periodically review the Website for updates to the Services and these Terms.
• Maintain the confidentiality and security of your login credentials and the systems you use to access the Services.

Subscriptions, Billing, and Payments

Subscription Plans

The Services are available only through a paid subscription unless otherwise expressly stated in writing by PredictDesk. When you purchase a subscription, you agree to the pricing, subscription term, and features presented to you at the time of purchase. Current subscription pricing and plan details are displayed on the Website at the time of purchase and may vary based on factors such as plan type or location.

Auto-Renewal

Subscriptions automatically renew at the end of each subscription period unless you cancel your subscription before the renewal date. By purchasing a subscription, you authorize PredictDesk to charge your designated payment method for the applicable subscription fees for each renewal term at the then-current rates, including any applicable taxes, unless you cancel in accordance with these Terms.

Refunds

Except where required by law or as otherwise described in these Terms, all payments are non-refundable and all sales are final.

Pricing and Changes to Subscription Features

PredictDesk may modify subscription pricing or the features included in a subscription plan from time to time. Any changes to pricing or subscription features will take effect at the start of your next subscription period. PredictDesk will provide advance notice of material changes when and as required by applicable law.

Free Trials and Promotional Offers

PredictDesk may offer free trials, discounted introductory periods, or other promotional subscription offers from time to time. Unless you cancel before the end of a free trial or promotional period, your subscription will automatically convert to a paid subscription, and your payment method will be charged the applicable subscription fee. Promotional offers are subject to any additional terms disclosed at the time of the offer and may be limited to first-time subscribers.

Taxes

Subscription fees may include or exclude applicable taxes, such as sales tax, VAT, GST, or similar government-imposed charges, depending on your location and the manner in which the Services are purchased. You are responsible for all applicable taxes unless otherwise expressly stated at checkout.

Availability of Subscription Features

Subscription plans, pricing, and features may change over time and may vary by location. PredictDesk does not guarantee that any specific subscription plan, price, or feature will be available indefinitely.

Subscription Cancellation

Cancellation at Any Time

You may cancel your subscription at any time by following the cancellation process described below. Cancellation stops future charges but does not entitle you to a refund or prorated credit for any fees already paid, except where required by applicable law.

How to Cancel

You may cancel your subscription by logging into your account through the Website and following the cancellation instructions available in your account settings, or by contacting PredictDesk customer support through the contact information provided on the Website.

Effect of Cancellation

Your cancellation will take effect at the end of your current billing period. You will continue to have access to the Services and any applicable subscription features through the end of the then-current paid subscription term.

Refunds

Except where required by applicable law or expressly stated otherwise at the time of purchase, all subscription fees are non-refundable, and PredictDesk does not provide refunds or credits for partially used subscription periods.

Acceptable Use Policy

Your access to and use of the Services is subject to our Acceptable Use Policy (https://predictdesk.app/legal/acceptable-use) which is incorporated into these Terms by reference. The Acceptable Use Policy describes permitted and prohibited uses of the Services and may be updated from time to time. In the event of any conflict between these Terms and the Acceptable Use Policy, these Terms will control.

These rules govern user behavior, system access, and platform integrity. When using the Service, you agree to follow these rules.

Account Suspension and Termination

Termination by You

You may delete your account at any time using the tools provided on the Website or App. Deleting your account does not cancel your subscription. To avoid future charges, you must cancel your subscription separately as described in the subscription and cancellation terms in this document.

Termination by the Company

We may suspend or terminate your account, or restrict access to any part of the Service, at any time, with or without notice, if we determine that: you have violated these Terms, including the Rules of Conduct or any applicable policies; your use of the Service poses a legal, security, or operational risk to the Company; or such action is reasonably necessary to protect the Service, its systems, or users.

Effect of Suspension or Termination

Upon suspension or termination of your account, your right to access and use the Service immediately ceases. We may permanently delete or deactivate your account and any associated content, preferences, usage data, or other information stored in connection with your account, without any obligation to provide copies or backups.

No Obligation to Reinstate Accounts

We are not obligated to reinstate any account that has been suspended or terminated. Any reinstatement is solely at the Company’s discretion and may be subject to additional conditions, limitations, or verification requirements.

Third-Party Content and Resources

The Services and Website may include references to or access to third-party websites, resources, content, or materials that are not owned, controlled, or operated by the Company. Such third-party content and resources are provided solely for your convenience and do not constitute any sponsorship, endorsement, approval, or affiliation by the Company.

The Company has no control over third-party websites or external resources and makes no representations or warranties regarding the content, accuracy, completeness, availability, or quality of any third-party information, materials, products, or services. You acknowledge and agree that the Company is not responsible or liable for any third-party content, advertising, products, services, or materials made available through or referenced by the Services or Website.

You further acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any loss or damage arising from your access to, use of, or reliance on any third-party website, content, goods, or resources, or for any interruption, failure, or technical issues associated with such third-party materials. You are solely responsible for reviewing and complying with the applicable terms and privacy policies of any third-party website or resource you access.

Third-Party Services and Market Data

Third-Party Services

The Service may integrate with, use, or provide access to third-party services, products, software, platforms, or tools (“Third-Party Services”), including payment processors, authentication services, analytics providers, hosting platforms, and other applications. Third-Party Services are provided by independent entities and are not controlled or operated by the Company unless expressly stated otherwise.

Your use of any Third-Party Service is governed solely by the terms, conditions, and privacy policies of the applicable third party, not by these Terms. The Company does not control and is not responsible for the content, accuracy, security practices, data handling, availability, performance, or reliability of any Third-Party Service, and makes no representations or warranties with respect thereto.

You acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any loss, damage, claim, or harm arising out of or relating to:

• your use of any Third-Party Service;
• your reliance on any information, materials, or functionality provided by a Third-Party Service; or
• any failure, error, interruption, outage, or security issue associated with a Third-Party Service.

You may not use, access, develop, or distribute any third-party tools, scripts, software, applications, artificial intelligence systems, machine-learning models, or services that interact with, access, modify, or collect data from the Service without our express prior written consent.

Market Data and Market Data Providers

The Services may use and, where authorized, display certain market data, pricing data, reference data, news, analytics inputs, or related content (collectively, “Market Data”) that is provided by third party data providers, including Intrinio (each, a “Market Data Provider”). Market Data is licensed, not sold. Any Market Data made available through the Services is provided solely for your personal or internal business use, as applicable, through the Services and for informational purposes only.

PredictDesk’s access to and use of Market Data is subject to contractual obligations and usage requirements imposed by applicable Market Data Providers, including restrictions relating to permitted use, permitted display, attribution, user classification, and redistribution. To comply with these requirements, PredictDesk may impose, modify, or enforce limitations on your access to or use of Market Data and related functionality within the Services. You agree to comply with all such limitations as made available through the Services or these Terms.

Except to the limited extent you are permitted to view Market Data through the Services for your permitted use, you receive no rights in Market Data. You may not copy, scrape, aggregate, download, extract, store, archive, cache other than transiently as required to view the Services, sell, license, sublicense, redistribute, publish, transmit, display outside the Services, or otherwise commercially exploit Market Data. You may not use Market Data in a manner that substitutes for a commercial market data feed, terminal, or similar service, or that enables any third party to access Market Data outside the Services.

You may use and share limited outputs generated through the Services that are derived from Market Data only for your personal or internal business use, as applicable, provided that such outputs do not include bulk Market Data and do not enable reconstruction, extraction, or identification of underlying Market Data. PredictDesk may apply technical, functional, or usage limits to outputs, exports, and sharing features and may restrict or disable functionality as necessary to comply with Market Data Provider requirements.

Where required by a Market Data Provider, the Services may display attribution, notices, logos, or links relating to Market Data, including attribution such as “Data provided by Intrinio.” You may not remove, obscure, or alter any required attribution or notices.

Confidential Information

During your use of the Services, either you or PredictDesk may disclose non-public business, technical, or proprietary information, including confidential intellectual property, trade secrets, third-party confidential information, and other sensitive information, whether disclosed orally, in writing, electronically, or otherwise (“Confidential Information”).

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was lawfully known to the receiving party before disclosure; (c) is rightfully received from a third party without restriction; or (d) is independently developed without use of the Confidential Information.

You agree not to disclose PredictDesk’s Confidential Information to any third party and to use such Confidential Information solely as necessary to access and use the Services. Disclosure is permitted only to your employees or representatives who have a legitimate need to know and are bound by confidentiality obligations no less protective than those set forth herein.

Confidential Information may be disclosed to the extent required by law, court order, or governmental request, provided that the disclosing party gives prompt notice (to the extent legally permitted) and reasonably cooperates in seeking confidential treatment or a protective order. Confidential Information may also be disclosed as necessary to enforce rights under these Terms.

Upon termination of your access to the Services or upon request, you must promptly return or destroy all Confidential Information in your possession, except to the extent retention is required by law.

Confidentiality obligations apply from the date of disclosure and continue for five years thereafter, except for trade secrets, which will remain protected for so long as they qualify as trade secrets under applicable law.

Intellectual Proprietary Ownership and Feedback

PredictDesk Intellectual Property

As between you and PredictDesk, PredictDesk owns and retains all right, title, and interest in and to all intellectual property rights in and to the Services and related materials, including the PredictDesk platform and systems, Documentation, and all technology, software, models, algorithms, tools, interfaces, workflows, and other materials made available in connection with the Services (collectively, “PredictDesk IP”). PredictDesk IP includes any Aggregated Data, but does not include your Data.

Your Data

You retain all right, title, and interest in and to any information, data, or other content, in any form or medium, that you submit, upload, transmit, or otherwise make available through the Services (“Data”).

You grant PredictDesk a non-exclusive, royalty-free, worldwide license to host, store, reproduce, process, transmit, display, and otherwise use your Data solely as necessary to operate, provide, maintain, and improve the Services, and to comply with applicable law. You further acknowledge and agree that PredictDesk may generate and use Aggregated Data derived from your use of the Services for any lawful business purpose, provided that such Aggregated Data does not identify you or your Data.

Feedback

If you submit, provide, or otherwise make available to PredictDesk any ideas, suggestions, feedback, comments, or recommendations relating to the Services or PredictDesk IP (“Feedback”), you acknowledge and agree that PredictDesk may use such Feedback for any purpose, without restriction and without obligation to you. To the extent any rights in such Feedback are required, you hereby irrevocably assign to PredictDesk all right, title, and interest in and to such Feedback, including all intellectual property rights therein, without any compensation or attribution. Except for the limited rights expressly granted to you under these Terms, no rights in or to the PredictDesk IP are granted to you, whether by implication, estoppel, or otherwise.

Privacy Policy and Your Personal Information

Your personal information and other data you provide in connection with your access to or use of the Services are processed in accordance with our Privacy Policy (https://predictdesk.app/legal/privacy), which is incorporated into these Terms by reference.

You should not submit or disclose personally identifying information about yourself, your children, or any other person through the Services except as expressly permitted under the Privacy Policy. Any personal information you submit will be handled by the Company in accordance with the Privacy Policy.

By accessing or using the Services, you acknowledge that you have reviewed the Privacy Policy and understand how your information is collected, used, processed, and shared as described in that policy.

No Resale of Service or Unauthorized Commercial Use

You may not reproduce, duplicate, copy, sell, resell, distribute, license, sublicense, or otherwise exploit the Services, or any content, data, information, or materials made available through the Services that you do not own, for any commercial or other purpose without PredictDesk’s express prior written consent.

Modification or Discontinuation of the Services

PredictDesk reserves the right, at any time and from time to time, to modify, suspend, or discontinue the Services, in whole or in part, temporarily or permanently, with or without notice. You acknowledge and agree that PredictDesk will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services, except as expressly required by applicable law.

Service Usage and Storage

You acknowledge that the Company may establish general practices and limits regarding the use of the Service, including limits on storage, features, or usage frequency.

Disclaimer of Warranties

General Disclaimer

To the maximum extent permitted by applicable law, your use of the Services is at your own risk. The Services and all content, data, information, materials, and other items made available in connection with the Services are provided on an “as is” and “as available” basis. PredictDesk disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

No Guarantee of Results

PredictDesk makes no warranty, representation, or guarantee regarding any results, outcomes, performance, or benefits arising from or relating to your use of the Services or any content, data, information, or material made available in connection with the Services. Results may vary, and PredictDesk does not guarantee that you will achieve any particular result, performance level, or outcome. This disclaimer is in addition to, and does not limit, the no brokerage or investment advice disclaimer and the hypothetical performance and backtest disclaimers set forth elsewhere in these Terms.

Service Performance and Reliability

PredictDesk does not warrant that (i) the Services will meet your requirements or expectations; (ii) the Services will be uninterrupted, timely, secure, or error free; (iii) any content, data, information, or material made available in connection with the Services will be accurate, reliable, complete, timely, or suitable for your use; (iv) the quality of any features, functionality, or materials made available through the Services will meet your expectations; or (v) the Services, Website, servers, or software will be free from errors, defects, viruses, or other harmful components, or that any such issues will be corrected. PredictDesk is not responsible for any delays, interruptions, non-delivery, data loss, or failure to store or maintain any data, configurations, settings, or materials associated with your use of the Services.

No Additional Warranties

No advice or information, whether oral or written, obtained by you from PredictDesk or through the Services shall create any warranty not expressly stated in these Terms.

Indemnity

You agree to defend, indemnify, and hold harmless the Company and its subsidiaries, affiliates, officers, directors, agents, contractors, and employees from and against any and all third-party claims, demands, actions, proceedings, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising out of or resulting from (i) your access to or use of the Services in violation of these Terms, including any failure to comply with restrictions, limitations, or disclaimers applicable to the Services; (ii) your violation of any applicable law, rule, or regulation; (iii) your infringement, misappropriation, or violation of any intellectual property, privacy, confidentiality, or other rights of another person or entity; or (iv) any claim based on your reliance on, use of, or representation to any third party regarding any content, data, information, or materials made available in connection with the Services, including any claim alleging that such materials constituted advice, recommendations, signals, or guidance, or that you or any third party were entitled to rely on them contrary to the disclaimers set forth in these Terms; provided, however, that this indemnity obligation applies only to the extent that the claim arises from your conduct and does not apply to the extent the claim results from the Company’s own gross negligence, willful misconduct, or fraud, where such limitation is required by applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, you expressly understand and agree that the Company shall not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for loss of profits, goodwill, use, data, business interruption, or other intangible losses, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company has been advised of the possibility of such damages or such damages were reasonably foreseeable, arising out of or relating to your use of or inability to use the Services, or any reliance on any content, data, information, or material made available in connection with the Services, any unauthorized access to or alteration of your transmissions or data, any statements, actions, or conduct of any third party, the cost of procuring substitute goods or services, or any other matter relating to the Services or these Terms.

To the maximum extent permitted by applicable law, in no event shall the Company’s total cumulative liability to you for all claims arising out of or relating to the Services or these Terms exceed the greater of: (A) one hundred U.S. dollars (US $100.00); or (B) the amount you paid, if any, to the Company for access to the Services during the twelve (12) month period immediately preceding the event giving rise to the claim.

Notwithstanding anything to the contrary in these Terms, nothing in this section shall exclude or limit the Company’s liability for: (I) death or personal injury caused by the Company’s gross negligence or willful misconduct; (II) fraud or fraudulent misrepresentation; or (III) any liability that cannot be excluded or limited under applicable law.

Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, disclaimer of reliance, or exclusion of damages is intended to allocate the risks between the parties and shall apply to the maximum extent permitted by applicable law, even if any limited remedy fails of its essential purpose.

Governing Law

This Agreement and your use of the Services are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

You agree that any claim, dispute, or action arising out of or relating to these Terms or the Services that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and you hereby consent to the personal jurisdiction and venue of such courts.

Nothing in this Section limits or restricts any rights to venue or forum that cannot be waived under applicable law.

Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved by final and binding arbitration, to the maximum extent permitted by applicable law, and not in court, except that either party may assert qualifying claims in small claims court.

This arbitration agreement applies to you and the Company, and to our respective successors and permitted assigns.

The arbitration shall be conducted by a single arbitrator administered by JAMS in accordance with its applicable arbitration rules. The arbitration shall be conducted in English and shall take place in the county where you reside unless you and the Company agree otherwise.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Discovery shall be limited to the extent permitted by the applicable arbitration rules and as determined by the arbitrator.

Nothing in this Section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its rights or interests pending completion of arbitration.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or it is permanently barred.

Class action waiver. To the maximum extent permitted by applicable law, you and the Company agree that any dispute shall be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.

If any portion of this class action waiver is found unenforceable, such portion shall be severed, and the remainder of this arbitration agreement shall continue in full force and effect to the maximum extent permitted by law.

Miscellaneous Terms

Notices

All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice”) must be in writing.

Notices to PredictDesk: Notices must be sent to PredictDesk at its legal address set forth below or to such other legal address as PredictDesk may designate by notice.

Attn: Legal

PredictDesk, 405 N Ervay St. #2408, Dallas, TX 75201

Notices to PredictDesk must be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (return receipt requested, postage prepaid). Email notice to PredictDesk shall not constitute valid legal notice unless expressly agreed to in writing by PredictDesk.

Notices to users: Notices may be delivered by email to the email address associated with the user’s account, or by posting within the Services, and shall be deemed effective upon transmission or posting, as applicable.

Except as otherwise expressly provided in this Agreement, a Notice is effective only upon receipt by the receiving party and only if the sending party has complied with the requirements of this Section.

Entire Agreement

These Terms govern your use of the Service and constitute the entire agreement between you and the Company regarding the Service, and they supersede all prior or contemporaneous communications, understandings, and proposals, whether electronic, oral, or written. You may also be subject to additional terms, policies (including the Privacy Policy), guidelines, or rules that apply when you use certain features of the Service or third-party services, content, or software. In the event of a conflict, these Terms will control unless expressly stated otherwise.

Survival

The provisions in these Terms that by their nature should survive the termination, expiration, or suspension of your account or access to the Services will continue to apply, including the provisions addressing account and subscription obligations, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and any other terms intended to survive.

Changes to the Terms

The Company may revise these Terms from time to time by posting an updated version on the Website or in the App. If a revision materially affects your rights or obligations, we will provide reasonable advance notice as required by applicable law. Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the revised Terms.

Assignment

You may not assign, transfer, or delegate any rights or obligations under these Terms without the Company’s prior written consent. The Company may assign its rights and obligations under these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, with or without notice to you. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

Force Majeure

The Company will not be responsible or liable for any delay or failure to perform any obligation under these Terms to the extent such delay or failure results from events or circumstances beyond the Company’s reasonable control, including natural disasters, acts of God, labor disputes, labor shortages, supply chain interruptions, utility or power failures, internet or telecommunications outages, government actions, public health emergencies, war, terrorism, civil disturbances, or similar events. The Company’s performance will be excused for the duration of the force majeure event.

No Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waiver must be signed in writing and signed by an authorized representative of the Company to be effective.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

Titles

Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.

Independent Contractor

Nothing in these Terms will be construed to create a partnership, joint venture, employment, or agency relationship between you and the Company. Neither party has authority to bind the other in any respect, and each party remains an independent contractor responsible for its own acts and omissions.

Contact

Please report any suspected violations of these Terms, compliance concerns, or questions regarding the Services to PredictDesk at info@predictdesk.app.

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs your access to and use of the PredictDesk Services. By accessing or using the Services, you agree to comply with this AUP in addition to the Terms of Service.

Lawful and Permitted Use

You may use the Services only for lawful purposes and only in accordance with applicable law and the terms and policies governing your use of the Services. The Services are intended to support research, data analysis, evaluation, and execution-related workflows. You are solely responsible for how you use the Services and for any decisions or actions you take based on your use.

Prohibited Use

You must not use the Services, directly or indirectly, in any manner that:

Violates any applicable law, regulation, rule, or legal obligation, including laws governing securities, commodities, derivatives, market conduct, and data use.

Violates the rights of any person, including contractual rights, confidentiality obligations, privacy rights, or other legal rights.

Infringes, misappropriates, or otherwise violates intellectual property or proprietary rights.

Uses the Services to engage in fraudulent, deceptive, manipulative, or abusive practices, including activity intended to distort markets, mislead counterparties, or evade applicable rules or controls.

Attempts to gain unauthorized access to the Services, PredictDesk systems, accounts, models, datasets, or related infrastructure.

Interferes with, disrupts, degrades, or compromises the availability, integrity, or security of the Services, including through excessive requests, automated abuse, or intentional misuse.

Introduces malware, viruses, corrupted data, exploits, or other harmful code into the Services or related systems.

Uses scraping, crawling, bots, scripts, automated systems, or similar technologies to access, extract, monitor, or collect data from the Services except as expressly permitted by PredictDesk.

Reverse engineers, decompiles, disassembles, or otherwise attempts to derive source code, models, algorithms, signals, or underlying components of the Services.

Circumvents, bypasses, probes, or tests security, authentication, rate limits, or access controls implemented by PredictDesk.

Misrepresents your identity, authority, or purpose, or implies endorsement, partnership, or affiliation with PredictDesk without authorization.

User Conduct

When using the Services, you agree to:

Use the Services responsibly and in a manner consistent with their intended purpose for research, data analysis, and integration-related activities.

Provide accurate and truthful information in connection with your account and use of the Services.

Maintain the confidentiality and security of your account credentials and systems used to access the Services.

Promptly notify PredictDesk of any unauthorized access to or misuse of your account or the Services.

Comply with all PredictDesk policies, guidelines, and instructions made available from time to time.

Enforcement

PredictDesk may monitor use of the Services to ensure compliance with this AUP and the Terms of Service. If you violate this AUP or the Terms of Service, PredictDesk may suspend or terminate your account or access to the Services, in its sole discretion, with or without notice. Any enforcement action is subject to the limitation of liability and no-refund provisions set forth in the Terms of Service.

Risk Acknowledgment

You acknowledge and agree that your use of the Services is at your own risk. PredictDesk is not responsible or liable for your use or misuse of the Services, including any decisions, actions, or outcomes resulting from research, analysis, execution, or other activities conducted through the Services, except as expressly required by applicable law.

Changes to This Policy

PredictDesk may update this Acceptable Use Policy from time to time. Continued access to or use of the Services after an update constitutes acceptance of the revised policy.