Terms of Service

These Terms of Service apply to your use of holisticoinvest.com and other services, along with any associated software applications and websites (all together, “Services”). These Terms of Service form an agreement between you and Holistico Investment, LLC (“Holistico” or “holisticoinvest.com”), owner of the Services. By accessing or using holisticoinvest.com, you agree to comply with these terms and conditions, which govern your use of the Services.

Please visit our Privacy Policy to learn more about what and how we collect your personal information, and what rights you have.1. Definitions

“Admin” means a representative with the authority to bind the company or entity to this Terms of Service. Admin must posses the legal authorization to accept these terms on behalf of their business.

“Affiliate(s)” means any business entity from time to time controlling, controlled by, or under common control with either Party.

“Confidential Information” means information in any form or medium (whether oral, written, electronic or other) that is non-public and that a party (the “Disclosing Party”) considers confidential or proprietary, including information consisting of or relating to the Disclosing Party’s technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations. Without limiting the foregoing: all Holistico Content, Third-Party Content, Files are Confidential Information.

“Customer” means any individual or entity that accesses and uses the services provided by holisticoinvest.com. This includes anyone who creates an account, subscribes to, or otherwise engages with the services offered by holisticoinvest.com.

“Fees” means all the charges incurred by you in connection with the use of holisticoinvest.com. These charges may include, but are not limited to, subscription fees, data storage fees, access to Third-Party Content, and any other costs associated with accessing and utilizing the Holistico Services. All Fees visible at holisticoinvest.com do not include the applicable taxes.

“Files” means all documents, information, data, or any content uploaded by you to holisticoinvest.com.

“Holistico Content” means the holisticoinvest.com data and other analytics including but not limited to sentiment scores, tags, values, and other metadata produced by holisticoinvest.com or its licensors.

“Response” means all output provided by holisticoinvest.com.

“Search(es)” means all instructions, filters, references, commands, orders, written into holisticoinvest.com to generate a response or have a conversation on a particular topic.

“Service(s)” means the API, codes, text generation, language translation, text summarization, sentiment analysis, content recommendation, question answering, language understanding, risk analysis, machine learning, and financial research.

“Third-party content” means all information provided by external publishers, including but not limited to news, social media, transcripts, documents, and other information.

“User Group” means the number of Customers designated by an Admin whose names and email addresses have been provided to holisticoinvest.com.Customer-Specific Terms and Conditions

The following terms apply based on your Customer type. Please review the relevant section that corresponds to your account, whether you are an individual Customer or Professional Advisor.2. Terms for Individual Customers

If you are registering or using the platform as an individual Customer, the following additional terms apply:

a. Single Customer Account. You, as the individual Customer, are the sole owner of the account. You must ensure that the credentials associated with your account are kept secure and not shared with anyone else.

b. Access. The Services may only be accessed, viewed, and used by you. You are not permitted to grant access or provide your login credentials to any third party, including other individuals, businesses, or entities.3. Terms for Professional Advisors

If you are registering or using the platform on behalf of a Professional Advisor, the following additional terms apply:

a. License Purchase Interface. The Admin can purchase a specific number of licenses for the organization. The number of Customers allowed to access the platform will be capped at the number of licenses purchased.

b. User Group Creation. The Admin can invite Customers to join the platform by providing their names and email addresses to holisticoinvest.com. These Customers will constitute the User Group and will be granted access to holisticoinvest.com.

c. Access Credentials. Upon invitation, each Customer will receive an email with credentials or instructions to create their credentials for accessing the platform.

d. Customer Management. The Admin can remove, suspend, or replace Customers within the User Group. For example, if an employee leaves the company, the Admin can remove their access and invite a new Customer to take their place, as long as the total number of Customers does not exceed the purchased licenses.

e. Access Restrictions. The Admin must ensure that no individuals outside the User Group are permitted to access or use the Services. Sharing credentials or allowing external users to use the platform is strictly prohibited.General Terms for All Customers

The following terms apply to all Customers of holisticoinvest.com, whether you are an Individual or a Professional Advisor.4. Create your account

a. Age. You must be at least 18 years old to create an account with holisticoinvest.com and/or use its Services.

b. Equipment. You shall acquire, install, operate, and maintain at your own expense all communications lines, equipment, services, and related technology necessary to use holisticoinvest.com.

c. Assignment. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void.5. License

a. Grant of License. Subject to the terms and conditions of these Terms of Service, holisticoinvest.com hereby grants you a limited, revocable, non-exclusive, non-transferable and not-sublicensable license to use the Services.

b. Compliance with laws and Terms of Service. You will comply with these Terms and all applicable laws when using the Services.

c. Intellectual property. Holistico and its licensors retain all rights, title, and interest in and to the Services, including all intellectual property rights (e.g., copyrights, trademarks, patents, trade secrets). This includes, but is not limited to, the Services’ names, design, format, and underlying technology. Any suggestions, feedback, or ideas you provide about the Services are considered non-confidential and become the property of holisticoinvest.com. We value your input and may use it to improve the Services without any obligation to compensate you.

d. Restrictions. You shall not:

use the Services in a manner that infringes the laws of your country or geographical location;
use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or company;
disassemble, decipher, reconfigure, reverse engineer, decompile, alter, or reproduce the Service: or make derivatives or improvements to any software programs provided by holisticoinvest.com;
combine or integrate the Services with any software, technology, services, or materials not authorized by holisticoinvest.com;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available holisticoinvest.com, in whole or in part;
use the Services or the Holistico Content to create, train, evaluate, or improve new or existing software programs that you or third parties might offer, except by written confirmation from us;
use the Web Tool to systematically download Third-Party Content, including but not limited to textual content, made available by holisticoinvest.com;
copy, store, archive, cache, or create a database of the Holistico Content, in whole or in part;
use the Searches or Response to develop models that compete with holisticoinvest.com;
except as expressly permitted, use the Web Tool or API to systematically download Third-Party Content, including but not limited to textual content, made available by holisticoinvest.com;
use Holisticoinvest.com for scraping, web harvesting, or web data extraction.
claim that the Response was human-generated;
upload to holisticoinvest.com any Personal Information that violates the General Data Protection Regulation (GDPR) enacted by the European Union, or the applicable privacy and data protection law of your location.

e. Third Party Services. You shall not use holisticoinvest.com as part of any third-party service, software, platform, or product without express authorization from holisticoinvest.com.6. Content

a. Searches. You can set filters, commands, and instructions to create a Search, and holisticoinvest.com will give you a Response. The Response might be created based on the holisticoinvest.com database, Third-Party Content, and your Files depending on the type of subscription you have.

b. Similarity of Content. holisticoinvest.com operates using artificial intelligence and the Response you get from holisticoinvest.com might be the same or similar to the one received by other Customers. As an example, if you ask if Company B declared bankruptcy and what were the reasons, you might have the same or very similar Response to other Customers asking the same or similar question. On the contrary, you might get a different Response from other Customers asking the same or similar questions due to holisticoinvest.com including other content, such as your Files, that influence the final outcome. Customers with different subscription plans and access to different Third-Party Content might also experience differences in their answers.

c. Use of Searches and Response by Consumers. We don’t claim ownership over the Response. The Search you make belongs to you, and we give you the right to use and share the Response for work-related activities as long as you comply with these Terms. You are responsible for the Searches and Response, including ensuring that it doesn’t violate any applicable law.

d. Use of Searches and Response by holisticoinvest.com. We will use the Searches and Response to provide and maintain the Services, comply with applicable laws, and enforce our policies.

e. Accuracy. holisticoinvest.com and Responses are the result of artificial intelligence and machine learning, a technology constantly evolving. For that reason, you understand and accept that holisticoinvest.com is not an error-free technology. You are responsible for evaluating the accuracy of the Response in each case. You acknowledge and agree that the Response is provided on an “as is”, and “as available”, and if you use it is at your own risk. You understand and accept that any Response does not constitute any form of advice (investment, tax, or legal), recommendation, representation, endorsement or arrangement, and none of the same should be relied upon by any person for any reason, including, without limitation, in connection with any investment decision.

f. Files. You give holisticoinvest.com, its Affiliates, or its trusted third parties the authority to host, access, store, process, and analyze Files and generate Responses for you based on its content. We shall not share any Files without your consent, as set forth in our Data Privacy Policy and in compliance with the applicable laws and regulations.7. Fees and Payments

a. Fees. You will pay all the Fees for the Services according to the price schedule visible on holisticoinvest.com. We can correct price errors even after payment is done by you. Fees are payable in the chosen currency at checkout and are due upon invoice issuance.

b. Payment methods. You can choose your preferred payment method and shall provide holisticoinvest.com all necessary billing information. You authorize holisticoinvest.com, its affiliates, and its third-party payment processor(s), to charge your payment method for the Fees. We will charge your payment method on an agreed-upon periodic basis according to the terms of your subscription but may change the date on which the charge is posted.

c. Taxes. All Fees due are exclusive of sales, use, value-added and all other taxes and duties payable (collectively “Taxes”) in respect of such consideration, which shall be paid by you at the rate and in the manner prescribed by law. holisticoinvest.com shall collect and remit the appropriate taxes at the time of payment by Subscriber, unless Subscriber provides evidence satisfactory to holisticoinvest.com that the transaction is exempt from taxation.

d. Price Changes. We reserve the right to modify the prices at will by posting a notice to your account or to our website. Price increases will be effective immediately, and will apply to the Fees charged to you immediately after the effective date of the change.

e. Late Payments. Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law.

f. Suspension of Services. In case of overdue longer than five (5) days, we reserve the right to suspend your access to holisticoinvest.com and the applicable Service (and any related services) without liability to you until such amounts are paid in full. We also reserve the right to suspend your access to the Services without liability to you if your use of the Services is in violation of these Terms.

g. Dispute of payments. If you want to dispute any Fees or Taxes, please contact administrator@holisticoinvest.com within thirty (30) days of the date of the disputed invoice. After this period, fees and taxes will be considered accepted by you.

h. Refunds. Please visit our Refund Policy for more information.8. Term

a. Term. These Terms are applicable from the moment you create an account with holisticoinvest.com and remain in effect until terminated.

b. Renewal. Unless otherwise specified in a written agreement between you and Holistico, each subscription term will automatically renew for an additional term of the same duration as the initially subscribed period unless either party gives the other written notice of termination at least thirty (30) days prior to the expiration of the then-current subscription term.

c. Cancellation and Termination. Please visit our Cancellation Policy.

d. Effect of Termination. Upon termination, you will immediately cease to access holisticoinvest.com and use its Services and delete (or return, at our sole discretion) any and all copies of the Bigdata.com Content or Third-Party Content stored. You understand that after termination you will not be able to access holisticoinvest.com and we may have deleted all data relevant to your account, including but not limited to Files, Searches and watchlists.

e. Survival. The following Sections shall survive any termination or expiration of these Terms. 5.c (intellectual property); 7.a (fees), 7.e (late payments); 7.f (suspension of services); 8.e (effect of Termination); 9.a (confidentiality); 9.e (data protection) 10.a (indemnity); 10.b (limitations of liability), 10.c (warranty disclaimer)’ 12.a (jurisdiction); and 12.e (notices)9. Confidentiality, Security and Data Protection

a. Confidentiality. When accessing holisticoinvest.com and using the Services we may disclose or make available to you Confidential Information. You will exercise due diligence to maintain all Information in confidence and will use the Information solely in connection with the Services. “Due diligence” shall mean at least the same precautions and standard of care which a reasonable person in such a business would use to safeguard proprietary information of its own and its other clients. We will equally exercise due diligence in all Confidential Information you share with us, including documents, information and data uploaded to Files.

b. Exclusions to Confidential Information. Confidential Information does not include information that: (a) was rightfully known by you without restriction on use or disclosure prior to such information being disclosed or made available by us; (b) was or becomes generally available to the public other than by you noncompliance with this Agreement; (c) was or is received by you on a non-confidential basis from a Third-Party that was not or is not, at the time of such receipt, known by you to be under any obligation to maintain its confidentiality; or (d) was or is independently developed by you without reference to or use of any Confidential Information.

c. Security. We shall employ all physical, administrative, and technical controls, screening and security procedures, and other safeguards reasonable to help secure your access to holisticoinvest.com and the use of the Services.

d. Control. You have and will retain sole responsibility for: (i) all Files and data, including its content and use; (ii) all information, instructions, and materials provided by you in connection with the Services; (iii) your information technology infrastructure, including computers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by you or through the use of third-party services (“Customer Systems”); (iv) the security and use of your access credentials; (v) all access to holisticoinvest.com and use of the Services, including all results obtained from, and all conclusions, decisions, and actions based on such access or use; and (vi) any harm caused by Customers, including individuals who were not authorized to have access to the Service but who were able to gain access because usernames, passwords or accounts were not terminated on a timely basis in your System.

e. Data Protection. You hereby acknowledge and agree that to have access to holisticoinvest.com and to use its Services holisticoinvest.com may require to process, transmit and/or store your Personal Information. By submitting such Personal Information to us, you agree that we may process, transmit and/or store Personal Information only to the extent necessary for, and for the sole purpose of enabling us to perform our obligations under these Terms and the respective subscription. In relation to all Personal Information provided by you to us, you will be responsible as sole Data Controller for complying with all applicable data protection or similar laws such as EU Regulation 2016/679 (“GDPR”) and laws implementing the GDPR that regulate the processing of Personal Data and special categories of data as such terms are defined in the GDPR. You agree to obtain all necessary consents and make all necessary disclosures before including Personal Information in Files and using the Services. You confirm that you are the sole responsible for any Personal Information that may be contained in Files.10. Indemnification; Disclaimer of Warranties; Limitations on Liability

a. Indemnity. You will defend, indemnify, and hold harmless holisticoinvest.com, its affiliates, its directors, and its personnel, from and against any claims, losses, liabilities, and expenses (including but not limited to attorneys’ fees and costs) arising from or relating to your use of the Services, including the Files, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.

b. Limitations of liability. HOLISTICO AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“THE HOLISTICO PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO THE CUSTOMER, OR ANY THIRD PARTY, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE HOLISTICO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IN NO EVENT WILL THE LIABILITY OF THE HOLISTICO PARTIES ARISING OUT OF ANY CLAIM RELATED TO THESE TERMS AND/OR THE USE OF HOLISTICOINVEST.COM AND ITS SERVICE OR THE SUBJECT MATTER HEREOF EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE HOLISTICO PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL THE HOLISTICO PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY DIRECT DAMAGES OR EXCLUDED DAMAGES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT OR OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE HOLISTICOINVEST.COM SERVICE.

c. Warranty Disclaimer. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE HOLISTICOINVEST.COM SERVICE, ANY COMPONENT THEREOF, THE CONTENTS THEREIN, AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND HOLISTICO AND ITS LICENSORS DO NOT MAKE ANY AND HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. UNDER NO CIRCUMSTANCES SHALL ANY OF THE HOLISTICO CONTENT, THE RESPONSE, AND/OR THE SERVICE PROVIDED HEREIN BE CONSTRUED AS A BUY, HOLD OR SELL RECOMMENDATION, OR INVESTMENT OR TAX ADVICE OF ANY KIND. CUSTOMER ACKNOWLEDGES THAT IT IS RESPONSIBLE FOR DETERMINING THE NATURE, POTENTIAL VALUE AND SUITABILITY FOR ITSELF OF ANY PARTICULAR SECURITY, TRANSACTION OR INVESTMENT STRATEGY AND THAT NEITHER HOLISTICO NOR ITS LICENSORS OR AFFILIATES GIVES SUCH ADVICE OR RECOMMENDATIONS.11. Dispute resolution

a. Direct Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms, whether arising in contract, tort or otherwise, (“Dispute”), you shall first contact us to resolve the Dispute in an amicable manner. If a Dispute arises, you shall provide us with written notice at administrator@holisticoinvest.com with a subject titled “Initial Notice of Dispute,” specifically setting forth the precise nature of the dispute. Following receipt of the Initial Notice of Dispute, we shall contact you to learn more about the Dispute, negotiate in good faith and attempt to reach a just and equitable solution of the Dispute that is satisfactory to both parties (“Direct Dispute Resolution”). If the parties are unable to reach a resolution of the Dispute through Direct Dispute Resolution within sixty (60) days of the receipt of the Initial Notice of Dispute, then the Dispute may subsequently be resolved in a court of law as set forth below. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr

b. Jurisdiction. The sole jurisdiction and venue for any litigation arising out of these Terms will be an appropriate federal or state court located in the state of Delaware, the United States of America.

c. No class actions. These Terms must be construed as if it was jointly written by both parties. Both Customer and holisticoinvest.com agree that each may bring or participate in claims against the other only in their respective individual capacities, and not as a plaintiff or class member in any purported class. No claim under these terms shall be joined to any other claim, including any claim involving any other current or former Customer of the services, and no class arbitration proceedings shall be permitted. In the event of any dispute concerning the validity or enforceability of this provision, such claim must be adjudicated by a court.

d. Severability. If any provision of these Terms will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that these Terms will otherwise remain in effect.12. Miscellaneous

a. Jurisdiction. Neither these Terms, accessing holisticoinvest.com, or the use of its Services shall be construed or deemed to have established any joint venture or partnership or have created the relationship of principal and agent between the Parties.

b. Trademarks. You are not allowed to use our name, logo, or trademarks, including but not limited to holisticoinvest.com.

c. Copyright Complaints. If you believe that your intellectual property rights have been infringed, please write to us at administrator@holisticoinvest.com. We will evaluate your complaint and may terminate accounts of infringers. Your complaint should include all the relevant evidence of the infringement, such as a description of the copyrighted work and a description of where the infringing material is in holisticoinvest.com.

d. Modifications. From time to time, we may modify these Terms. Unless otherwise specified by us, changes become effective for you immediately. We will use reasonable efforts to notify you of the changes through communications via your account, email, or other means. You may be required to click to accept or otherwise agree to the modified Terms.

e. Notices. All notices should be provided in writing. We will notify you using the email address you provide us when creating your account. You can notify us via post mail at Holistico Investment LLC 400 Interpace Pkwy, 2nd Floor, Parsippany, NJ 07054, and by email at administrator@holisticoinvest.com.

f. Export Control. In its use of the Services, you agree to comply with all export control and economic sanctions and any relevant import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing, (i) you represent and warrant that you are not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government export control embargo or economic sanctions, (ii) you will not (and will not permit any of its users to) access holisticoinvest.com or use the Services in violation of any U.S. export control or economic sanction, prohibition or restriction, and (iii) you will not submit to the Services any information that is controlled under the U.S. International Traffic in Arms Regulations or that is controlled under any Export Control Classification Number (other than EAR99) on the Commerce Control List of the Export Administration Regulations.

g. Waiver. If we decide to not take immediate action in case of your violation of these Terms, it does not mean holisticoinvest.com is giving up any of our rights.

h. Entire Agreement. These Terms contain the final and entire agreement between the parties and supersede all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding the Term’s subject matter.

i. Force Majeure. You understand and agree that we won’t be liable or responsible, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.