Terms of use

Terms of use

Last updated: 17/7/2023

You are visiting the Website app.ainvestor.es (hereinafter, the “Website”), owned by AInvestor Technologies, S.L. (hereinafter, the “Company”), a Spanish limited liability company, provided with NIF number B-72435829 and registered address at 3 Santiago Rusiñol St. 3-1, PC 17005 – Girona (Spain), and with contact email [email protected].

These legal terms (hereinafter, the “Terms of Use”) are intended to regulate the use of the Website that the Company makes available to the public.

The Company is an innovative financial technology company specializing in providing an online platform that allows users to access a wide range of financial information, services and tools. Thanks to its advanced artificial intelligence technology, the platform offers market information, investment analysis, portfolio management resources and educational material. By integrating artificial intelligence, the company aims to equip individuals with the knowledge and resources they need to effectively navigate the financial landscape and make informed decisions.

The access and/or use of the Website, attributes to the visitor the condition of User (hereinafter, the “User”), who accepts, from said access and/or use, the general conditions of use reflected in the presents Term of Use. These conditions will be applicable regardless of the general contracting conditions that, where applicable, are mandatory.

Access to and/or use of the Website is intended for Users over 18 years of age. If the User is under 18 years of age, he/she may only use the Website if his/her parent or legal guardian consents and authorizes him/her to do so.

1. User representations

By creating an account on the Website, the User represents themselves and agrees that:

  • All registration information the User submits is fully stated, true, accurate, and up-to-date;
  • The User will maintain the accuracy of such given information and will be asked promptly to make updates whenever necessary;
  • The User possesses the legal capacity and the thorough understanding of complying with these Terms of Use;
  • The User will not access the Website using automated and non-human means, whether it is a bot, script, or anything alike;
  • The User will not use the Website for committing any illegal and unauthorized purpose;
  • The User’s use of the Website will not violate any existing given law or regulation. If the User provides any information that is untruthful, inaccurate, not up-to-date, the Company has the right to suspend or terminate their accounts and refuse to approve the User’s any action regarding any current or future activities of the Website;
  • The User can only own one account attaching to one device at a time;
  • The User is not on any blacklist of any organization for any reason including committing scams, fraud; illegal data exploiting, using third-party software for personal benefits; trying to gain access and damage the Company’s assets without the Company’s approval; and everything alike.

If the Company finds out any illegal activities, the Company will make a prompt intervention and resolve to legal means if necessary.

2. Use of the Website and Registration

The Website provides access to a multitude of information, services, programs, or data (hereinafter, the “Contents”) on the Internet belonging to the Company or its licensors to which the User may have access.

The User assumes responsibility for the use of the Website. This responsibility extends to the registration that is necessary to access certain services or Contents. In said registration, the User will be responsible for providing real and lawful information. As a consequence of this registration, the User can be given a password for which he will be responsible, committing himself to make diligent and confidential use of it.

The User undertakes to make appropriate use of the Contents and services (e.g., chat services, discussion forums, or newsgroups) that the Company might offer through the Website and (with an enunciative but not limiting nature), NOT to use them to:

  • Carry out illicit, illegal, or contrary to good faith and public order activities.
  • Disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, apology of terrorism or against human rights.
  • Cause damage to the physical and logical systems of the Company, its suppliers, or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage on the network.
  • Try to access and use the email accounts of other users and modify or manipulate their messages.
  • Use the Website or the information contained therein for commercial, political, advertising, and for any commercial use, especially the sending of unsolicited emails.

The Company has the right to withdraw all the comments and contributions that violate respect for the dignity of the people, that are discriminatory, xenophobic, racist, pornographic, that violate youth or childhood, order or public safety, or that, in its opinion, are not suitable for publication on the Website. In any case, the Company will not be responsible for the opinions expressed by Users through comments, forums, chats, or other social participation tools.

3. User data protection

Certain data, including the User’s use of the Website, will be retained in order for the Company to manage the operation of the Website. Although data is periodically backed up, the User is solely responsible for all data transmitted by the User or in connection with any activity performed by the User using the Website. The User agrees, by accessing and/or using the Website, that the Company shall have no liability for any loss or corruption of such data, and the User hereby waives any right of action against the Company arising from any loss or corruption of such data.

4. Intellectual and Industrial property

Apart from other indications noted, the Website is the property of the Company, as well as all Contents. The trademarks, service marks and logos (hereinafter, the «Marks«) are the property of the Company and/or are legally licensed to the Company, controlled by the Company, and are protected in connection with the registration of intellectual property rights.

Other than the uses indicated and provided for in the present Terms of Use, no part of the Website or any Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose, without seeking our legal approval.

Provided that the User is eligible to use the Website, the User is granted limited access to and use of the Website to download or print one copy of any portion of the Content in connection with personal, non-commercial uses.

5. Exclusions of guarantees and responability

The User acknowledges that the use of the Website and its Contents and services is carried out under his/her sole responsibility. Specifically, by way of example, the Company does not assume any responsibility in the following areas:

  • The availability of the Website, its services, and content, and its quality or interoperability.
  • The purpose for which the Website serves the objectives of the User.
  • The infringement of current legislation by the User or third parties and, specifically, of the intellectual or industrial property rights that are owned by other persons or entities.
  • The existence of malicious codes or any other harmful computer element that could cause damage to the computer system of the User or third parties. It is the responsibility of the User, in any case, to have adequate tools for the detection and disinfection of these elements.
  • Fraudulent access to content or services by unauthorized third parties, or, where appropriate, the capture, elimination, alteration, modification, or manipulation of messages and communications of any kind that said third parties might carry out.
  • The accuracy, veracity, timeliness, and usefulness of the content and services offered and the subsequent use that the User makes of them. The Company will make all reasonable efforts to provide updated and reliable information.
  • Damages caused to computer equipment during access to the Website and damages caused to Users when they originate from failures or disconnections in the telecommunications networks that interrupt the service.
  • User damages or losses arising from unforeseeable circumstances or force majeure.
  • If any forums or comment posts exist in the Website, it must be taken into account that the messages only reflect the opinion of the User who sends them or publishes them, who is the solely responsible. The Company not responsible for the content of the messages sent or published by the User.

6. Submission

The User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website (hereinafter, the “Submissions«) provided by the User to the Company are non-confidential and should become the sole property of the Company. The Company should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to the User. The User hereby waives any moral rights to any such Submissions, and the User hereby warrants that any such Submissions are original with the User or that the User has the right to submit such Submissions. The User agrees there should be no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in the User’s Submissions.

7. Third-Party Website and Content

The Website can provide links that connect the User to other websites (hereinafter, the “Third-Party Websites”).

Third-Party Contents are articles, text, services, programs, data, and other content or items belonging to or originating from third parties (hereinafter, the “Third-Party Contents”).

The Company is not responsible for any Terms of Use of any Third-Party Websites the User accesses through the Website, or any Third-Party Content posted on, available through, or installed from the Website. The Company does not hold responsibility for any of the following: content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Contents.

If the User decides to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, the User does so at their own risk and should be aware that these Terms of Use the User is reading are no longer effective. At this point, the Terms of Use of the Third-Party Websites the User is using are effective. The User should review the applicable terms and policies, including privacy and data gathering practices, of any website to which they navigate from the Website or relating to any applications they use or install from the Website.

Any purchase the User makes through Third-Party Websites is no longer within the Company’s Terms of Use, so the Company is not responsible for any problem that arises from the purchase. The User agrees and acknowledges that the Company does not endorse the products and services offered on Third-Party Websites and the User should hold the Company harmless from any harm caused by their purchase of such products and services.

Additionally, any losses sustained by the User or harm caused to the User relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites are not the Company’s responsibility.

8. Termination

These Terms of Use remain in full force and effect while the User uses the Website. The Company reserves the right and is able to conduct the following actions at its own sole discretion and without informing the User of any notice or liability: deny access to and use of the Website (including blocking IP Addresses) to any User for breach of any presentation, warranty, or covenant contained in these Terms of Use. The Company may terminate the User’s use or participation in the Website or delete the User’s account without warning, at its sole discretion.

If the Company terminates or suspends the User’s account for any reason, the User is prohibited from registering and creating a new account under their name, a fake or a borrowed name, or the name of any third party, even if the User may be acting on behalf of the third party. In addition to terminating and suspending the User’s account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. Disclaimer

No Investment Advice Provided

  • All information provided, including potential prices, reliabilities and ideal weights offered by the and its publications are meant for informational purposes only. They are not intended to be investment advice or a recommendation to buy or sell any security. These potential prices, reliabilities and ideal weights are based on Artificial Intelligence (AI) analysis, which calculates probabilities, not certainties.
  • Before making any investment decision, you should carefully analyze different information sources and seek appropriate financial advice. All investments involve risk, and the past performance of a security, a stock portfolio, or a financial product does not guarantee future results or returns.
  • The content included in the Website is exclusively informative. It does not imply any kind of binding contract offer for or from the Website and the Company, who declines all responsibility for errors, alterations, or omissions that it may contain. Neither the Company nor any of its employees will be responsible for any type of damage or loss, whatever it may be, that may arise from the above circumstances.
  • The opinions and contents that the Website contains may be subject to change and cancellation without prior notice. The Company reserves the right at any time to update, modify, suspend, cancel or restrict the content of the Website, the links, or the information obtained through it, including these conditions, without the need for prior notice.
  • In no case, the Company, guarantees the inexistence of interruptions or errors in the access to the Website. Under no circumstances will it be responsible for any type of damage, losses (direct and indirect), claims, or expenses of any kind.
  • The Company is not responsible for other third-party websites that can be accessed through links on the Website or for any content made available by third parties. In particular, it does not recommend or guarantee any information obtained from third parties, nor is it responsible for any loss, claim, damage, or harm derived from the use or misuse of a link, or the information obtained through it, including other links or websites. Such third-party websites have their own privacy policies and terms of use, which you should review before using them.
  • All the information contained on the Website will never be considered a recommendation or advice on investment, nor will it be considered legal, tax, or any other type of advice.
  • All financial information contained in the Website has been obtained from sources of general use and should be considered as such. The Company does not guarantee that the information is accurate and complete, declining any responsibility for errors that such information may contain and of any possible patrimonial loss or damage (direct or indirect) of whoever uses the information on the Website.
  • Any information related to investment returns refers to the periods specified in it, explicitly warning that any figure related to past results or historical returns is not a reliable indicator of future returns or results. Furthermore, the performance of any illustrative portfolios on this site is based on back tested results. Back tested performance is not an indicator of future results. In the event that any information relating to currencies is included, the Users are expressly advised that they must consider possible increases or decreases in stocks performance based on currency fluctuations. Any forecast that is made is not a reliable indicator of future returns.
  • The Website may incorporate reports, comments, notes, and opinions from third parties. The Company does not accept and therefore declines any responsibility for damages, losses, direct or indirect, as a consequence of the use of said information, publications, or third-party analysis reports. Likewise, the copying, reproduction, distribution or publication of this information by any User is not permitted.

10. Limitation of liability

The User understands and agrees that the Company, its subsidiaries, affiliates, and licensors will not be liable to the User or to any third party for any indirect, incidental, special, consequential, or exemplary damages which the User may incur, including, but not limited to, any loss of profits (both directly and indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if the Company has been advised of the possibility of such damages.

The User agrees and acknowledges that the Company has made the Website available to the User and entered into these Terms of Use in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between them. The Company would not be able to provide the Website to the User without these limitations.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so the above limitations may not apply to personal injury claims.

11. Modification and duration

The Company reserves the right to make the modifications it deems appropriate in the Website without prior notice, including change, delete or add any Contents and services, and to change how they appear to the User.

The validity of the present Terms of Use will be in force until they are modified by others duly published.

12. Indemnification

The User agrees to indemnify and defend the Company, including its affiliates and respective directors, officers, and personnel from and against all losses, costs, damages, expenses, and liabilities (including reasonable legal fees and disbursements) that may be suffered or incurred by a Third-Party arising out of or as a result of or relating in any manner to a claim relating to:

  • breach of these Terms of Use and willful misconduct on the use of the Website.
  • the User’s violation of the rights of a third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, the Company reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify the Company, and the User agrees to cooperate, at their expense, with the Company’s defense of such claims. The Company will use reasonable efforts to notify the User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

13. Miscellaneous

These Terms of Use and any policies or operating rules posted by the Company on the Website or in respect to the Website constitute the entire agreement and understanding between the User and the Company. The Company’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. The Company may assign any or all of its rights and obligations to others at any time. The Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, and unenforceable, that particular provision is deemed separable from the whole Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between the User and the Company as a result of these Terms of Use or use of the Website. The User agrees that these Terms of Use will not be construed against the Company by virtue of having drafted them.

The User hereby waives any and all defenses the User may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

14. Governing Law

This Terms of Use and User’s use of the Website are governed by and constructed in accordance with the laws of Spain applicable to agreements made and to be entirely performed in Spain, without regard to its conflicts of law principles.

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