These Terms of Service ("Terms") are a legal agreement between you and Agent of Wall St, Inc. ("Agent of Wall St," "we," "us," or "our") governing your access to and use of Agent of Wall St and the websites, applications, and services we offer at https://agentofwallst.com (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.
1. Definitions
- "Account" means the user account you create to access the Service.
- "Content" means any text, data, files, configuration, or other material that you submit to, generate within, or store on the Service.
- "Subscription" means a paid plan for the Service purchased through our billing provider.
- "User" means any individual who accesses or uses the Service, whether on their own behalf or on behalf of an organization.
2. Account terms
- You must be at least 13 years old, or the minimum age of digital consent in your jurisdiction, whichever is higher, to create an Account. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
- You must provide accurate and complete information when creating an Account and keep it up to date. Authentication is provided through our identity partner, Clerk; your use of that partner is also subject to its terms.
- You are responsible for all activity that occurs under your Account, including activity by any person you authorize. You must keep your credentials secure and notify us promptly of any suspected unauthorized use.
- One person or legal entity may not maintain more than one free Account. Automated account creation, including bots, is prohibited unless we have given you written permission.
- You may not use the Service for any unlawful purpose or in violation of any applicable export, sanctions, or trade-control laws.
3. Acceptable use
You will not, and will not permit any third party to:
- Access or use the Service in a way that violates any applicable law, regulation, or third-party right.
- Attempt to probe, scan, reverse engineer, or test the vulnerability of the Service, except as expressly permitted under a written security-research program.
- Breach, bypass, or attempt to bypass any security or authentication mechanism.
- Interfere with or disrupt the Service, including by transmitting malware, conducting denial-of-service activity, or generating excessive load.
- Use the Service to send unsolicited communications, phishing content, or other abusive material.
- Resell, sublicense, or commercially redistribute the Service or any portion of it without our prior written consent.
- Use the Service to build a competing product, or to train machine-learning models on outputs we generate, except as we expressly permit in writing.
- Misrepresent your identity, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
We may investigate suspected violations and take any action we believe appropriate, including suspending or terminating your Account and removing Content, with or without notice.
4. Your Content
- Ownership. You retain all rights you already have in the Content you submit to the Service. We do not claim ownership of your Content.
- License to us. You grant Agent of Wall St a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and create necessary backups and derivative technical copies of your Content solely for the purpose of operating, securing, and improving the Service for you.
- Responsibility. You are solely responsible for the Content you submit. You represent that you have all rights necessary to grant the license in this section and that your Content does not violate any law or third-party right.
- No obligation to monitor. We have no obligation to monitor Content, but we may review and remove Content that we reasonably believe violates these Terms or applicable law.
5. Intellectual property
- The Service, including its software, design, text, graphics, logos, and documentation, is owned by Agent of Wall St or its licensors and is protected by intellectual-property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
- Feedback. If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or compensation to you.
- Trademarks. Agent of Wall St, Agent of Wall St, and our logos are trademarks of Agent of Wall St, Inc.. You may not use them without our prior written permission, except in factual references to the Service.
6. Paid subscriptions and billing
- Plans. Some features of the Service are available only under a paid Subscription. The available plans, pricing, and included entitlements are described on our pricing page and may change as described in Section 14.
- Billing. Payments are processed by Stripe, Inc. Your payment information is provided to and stored by Stripe under Stripe's terms and privacy policy. We do not store full payment-card numbers.
- Renewal. Subscriptions renew automatically at the end of each billing period at the then-current rate, unless you cancel before the renewal date.
- Taxes. Fees are exclusive of applicable taxes. You are responsible for any taxes that apply to your Subscription, except for taxes on our income.
- Refunds. Except where required by law, fees are non-refundable. We may, at our discretion, offer prorated refunds in specific cases.
- Failed payments. If a payment fails, we may suspend or downgrade your Account until the balance is paid.
- Cancellation. You may cancel your Subscription at any time. Cancellation takes effect at the end of the current billing period; you retain access until then.
7. Beta and preview features
We may make features available on a beta, preview, alpha, or early access basis. Such features are provided "as is," may be changed or discontinued at any time, and may be subject to additional terms presented to you when you opt in. Beta features are excluded from any service-level commitments.
8. Third-party services and integrations
The Service integrates with third-party providers, including but not limited to:
- Clerk for authentication and user management.
- Stripe for payment processing.
- Postmark for transactional email delivery.
- PostHog for product analytics, where enabled.
- A hosting provider, such as Vercel or a comparable host.
Your use of these integrations is subject to the relevant provider's terms and policies. We are not responsible for the acts or omissions of any third-party provider. A current list of subprocessors is described in our Privacy Policy.
9. Termination
- By you. You may terminate these Terms at any time by closing your Account.
- By us. We may suspend or terminate your access to all or part of the Service, with or without notice, if we believe you have violated these Terms, if required by law, or if continuing to provide the Service to you creates a material legal, security, or operational risk.
- Effect. Upon termination, your right to access the Service ends immediately. We may delete your Content after a reasonable wind-down period, except where retention is required by law. Sections that by their nature should survive, including but not limited to Sections 4, 5, 10, 11, 12, 13, 15, and 16, will survive termination.
10. Disclaimer of warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Agent of Wall St DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Agent of Wall St AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU IN FULL.
12. Indemnification
You agree to indemnify, defend, and hold harmless Agent of Wall St and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your Content, your use of the Service, or your violation of these Terms or any applicable law.
13. Copyright complaints (DMCA)
We respect the intellectual-property rights of others. If you believe that material on the Service infringes your copyright, please send a written notice that includes the information required by 17 U.S.C. § 512(c)(3) to legal@agentofwallst.com. We will respond to valid notices in accordance with the Digital Millennium Copyright Act and may remove the material and terminate repeat infringers' Accounts.
14. Changes to these Terms
We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice, for example by email to the address associated with your Account or by posting a notice in the Service, at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service.
15. Governing law and disputes
These Terms are governed by the laws of State of Wyoming, USA, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the courts located in State of Wyoming, USA, and you consent to personal jurisdiction in those courts. You and Agent of Wall St each waive any right to a jury trial. Nothing in this section limits either party's right to seek injunctive or equitable relief in any competent court.
16. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy and any order forms or written agreements between us, are the entire agreement between you and Agent of Wall St regarding the Service.
- Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full effect.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
- No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.
- Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.
- Notices. We may send notices to the email address associated with your Account. You must send legal notices to legal@agentofwallst.com.
17. Contact
Questions about these Terms? Contact us at legal@agentofwallst.com or on the web at https://agentofwallst.com.