TERMS AND CONDITIONS

Invalert LLC

Last Updated on October 30, 2020

1. Acceptance of Terms and Conditions.
THESE TERMS AND CONDITIONS (“AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU”, “YOUR” OR “USER”) AND INVALERT LLC (“WE”, “US”, OR “COMPANY”), THE OWNER AND OPERATOR OF THE COMPANY’S WEBSITE (HTTPS://WWW.INVALERT.COM/) AND THE INVALERT MOBILE APP (COLLECTIVELY, THE “PLATFORM”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PLATFORM. BY ACCESSING AND USING THE PLATFORM, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED, AND YOU MUST NOT, ACCESS OR USE THIS PLATFORM.
2. Personal Information/Privacy Policy.
You agree to provide accurate, current and complete information when and as required for accessing and using this Platform. The Company’s Privacy Policy explains how Your personally identifiable information is collected, used and disclosed. You agree to be bound by the terms of Company’s Privacy Policy which can be found at the following link [insert link to Privacy Policy]. We respect Your privacy and will use information provided by You only in accordance with this Agreement and the Privacy Policy.
3. Eligibility.
You must be at least eighteen (18) years old to use the Platform. You represent and warrant to Us that Your registration and use of the Platform is in compliance with any and all applicable laws and regulations, and You will not use the Platform for any illegal purposes.
4. Your Account and Registration.
To access our services, material, information or data available through this Platform, You will need to register and open an account which will require you to provide, among other things, Your name and a valid email address, for You to create a unique username and password. When creating this account, You represent and warrant that all registration information is complete, true and accurate in all respects and that You will maintain and promptly update such information to keep it complete, true and accurate. You shall protect and maintain the confidentiality of Your password and are solely responsible for all activities that occur under Your account. You agree to not let anyone else access Your account and to notify Us immediately of any unauthorized use of Your account or any other breach of security.

You may cancel Your account and delete all Your data at any time through the user dashboard in the Platform, subject to Section 6 and any applicable terms and conditions. If You have any questions or issues, You can contact us at [email protected] You agree that Your account is not terminated unless and until You have received email verification from the Company confirming the termination of Your account. We may terminate or suspend Your account without notice or liability if You violate any provisions set forth in this Agreement or if any information You provide is incomplete, untrue or not accurate.
5. The Platform; Alerts; Free Users and Premium Users.
The Platform is an AI-powered crypto trading tool that generates real-time alerts for users. The Platform provides Alerts to Users regarding trading volume changes or other related information in cryptocurrency market. An “Alert” is a notification regarding cryptocurrency markets, such as trading volume changes, current and past trading patterns and performance of currently available crypto coins on the Platform, pricing information, names of investment assets, and names of markets, etc. Users can receive crypto Alerts from the Platform or through the Telegram group - “Invalert Crypto Alerts” we operated in Telegram.

“Premium Users” are Users of the Platform who subscribe to any of our subscription plans/packages, either weekly, monthly or yearly plans (“Subscription Plan “or “Subscription”). Premium Users receive unlimited Alerts from the Platform, have unlimited access to all the historical Alerts and data, and will receive Daily Alerts from the Platform or through our Telegram group “Invalert Crypto Alerts”. “Free Users” are Users of the Platform who do not subscribe to any of our Subscription Plans. Free Users can receive 5 random (as determined by the Company) Alerts per month from the Platform, have unlimited access to our historical data of each coin in the Platform, and will not receive Daily Alerts from the Platform.
6. Subscriptions; Payment; Auto-Renewal & Cancellation; and Refund.

6.1. Subscription
You can subscribe to our weekly, monthly, and yearly Subscription Plans by placing an order to purchase any of such Subscription Plans and paying the applicable Subscription fees listed in our website. After your order of any Subscription Plan and payment of applicable Subscription fees, You will become a Premium User and will the right to access all our historical data and other premium services as set forth in Section 4 of this Agreement and as listed in our website (subject to changes and updates by the Company). Our services for Premium Users, including to provide Alerts and access to our historical data, will not start until our receipt of Your payment of applicable Subscription fees.

6.2. Payment
Our Platform’s certain service is only available under Subscription Plans of various durations and on a flat fee or recurring basis. You agree to pay the Company Subscription fees for the Subscription Plan you select on the Platform in accordance with the terms of such Subscription Plan. You hereby authorize the Company to bill Your payment instrument in advance on a periodic basis in accordance with the terms of the Subscription Plan until You terminate such Subscription Plan, and You further agree to pay any charges so incurred. From time to time, We may change the fees for our Subscription Plans. Any increase in charges or Subscription fees will not apply until the expiry of Your then current billing cycle of your Subscription Plan.

Presently, all payments of Subscription fees will be made through PayPal, Stripe or Coinbase (“Third Party Payment Provider”). For the purpose of process of payment, Users shall provide Third Party Payment Provider their valid credit, debit card information or other information as Third Party Payment Provider may request.

The Company reserves the right (but not the obligation) upon notice of any potential fraud, unauthorized charges or other misuse of the Platform, to place on hold any payment of Subscription fees or refunds or arrange for Third Party Payment Provider to do so.

You will also be responsible for paying any taxes and handling fees that may apply to any purchase and You authorize the Company or any Third-Party Payment Provider that Company engages to charge You for any such taxes and fees.

6.3. Auto-Renewal & Cancellation Policy
Your purchased Subscription(s) auto-renew at the end of the Subscription term and will continue for the same Subscription term as the previous term unless you provided written notice to the Company as stated in this Section. You may not receive renewal reminders prior to being charged for such renewals. Renewal prices are subject to change. If you decide to not renew Your Subscription, You must notify Us in writing (by email to [email protected]) three days in advance of the termination date of Your weekly or monthly Subscription term to cancel your subscription and an auto-renewal of your Subscription Term, and for an annual Subscription term, you must notify in writing 30 days in advance of the expiration of such term.

In the event that the Company is unable to process your payment (when applicable) of any fees for Subscription or renewal, we reserve the right to terminate your access to the Platform and our services without prior notice. You may cancel your Subscription at any time. When you cancel a Subscription, you will receive no refund for any unused fees for the current Subscription term, but You will not be required to pay any fees for any future Subscription term after our receipt of the cancellation notice. Should You object to any terms and conditions of this Agreement or any subsequent modifications or become dissatisfied with our services in any way, You agree that Your sole recourse is to immediately: (1) discontinue use of the Platform; (2) terminate Your Subscription; and (3) notify the Company of Your termination of Subscription by email to [email protected]

6.4. Refund Policy
All payments by Users of the Platform are final, non-refundable, non-partially refundable and non-transferable, except that if You decide to not renew your Subscription after an initial order and Subscription fees have been charged for the second term due to the auto-renewal policy, such Subscription fees for the renewal will be refunded.

6.5. Invalert Affliate Program (Referral Program)
We offer you the opportunity to earn rewards/bonus by referring friends to subscribe to our Platform and try our services. You can choose to participate in our Invalert Affiliate Program (Referral Program) and can earn rewards/bonus for every new subscriber you refer to us. For more details, please refer to information in our website at https://www.invalert.com/referral-program.html. We reserve the right to change our Invalert Affiliate Program (Referral Program) from time to time.

7. Use of Platform.
Subject to Your compliance with this Agreement, the Company hereby grants You a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Platform and use the content (including but not limited to any spreadsheets or other downloadable or accessible files), information, data, text, images, logos, icons, graphics, interfaces, Platform design, audio, and video clips, all content and information included in the Alerts we sent to You and any other materials displayed on the Platform (collectively, the “Content”), solely for Your personal, non-commercial use and educational purpose, including accessing and downloading certain data depending on whether You subscribe to any Subscription Plan and the Subscription Plan You subscribe. You may not copy, modify, reproduce, retransmit, publicly display or perform, distribute or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If You breach any term of this Agreement, Your authorization to use the Platform and Content automatically terminates without notice to You.

You hereby represent and warrant that You will not, and will not induce or encourage any third-party to: (a) attempt to disable or circumvent any security mechanisms used by the Platform or otherwise attempt to gain unauthorized access to any portion of the Platform or any other systems or networks connected to the Platform, or to any server of Company or its third-party service providers, by hacking, password “mining,” or any other illegal or unlawful means; (b) use any “deep-link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Platform or any Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Platform or with any other person’s use of the Platform; (d) track or seek to trace any information on any other person who visits the Platform; use the Platform or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; (e) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Platform or any Content or that is otherwise applicable to the Platform or any Content; (f) remove, obscure or alter any legal notices, including without limitation notices of intellectual property rights appearing in or on the Company’s proprietary information or any materials delivered to You by Company; or (g) reproduce, distribute, display, modify or make derivative uses of the Company’s proprietary information or the Content, or any portion thereof (except for any Content for which You have been given written permission), except as expressly provided herein.

8. Intellectual Property Rights.
You hereby acknowledge and agree that the Company or its licensors own, control or possess all legal right, title and interest in and to the Platform and all Content, including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and/or proprietary rights therein, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Your use of the Platform or access to the Content does not grant or otherwise confer to You ownership of any kind in the Platform or any Content that You may access on or through this Platform. Unauthorized use is strictly prohibited.

9. Third-Party Sites.
The Platform may provide links to third-party websites or apps that are not owned or controlled by Company (the “Third-Party Sites”), including but not limited to Twitter, Telegram and partners or sponsors of the Company. We provide such links as a convenience to You. We do not review, approve, endorse or make any representations about such Third-Party Sites, the companies or persons who own and operate them, or any information, software or other products and services made available through such Third-Party Sites, or any results that may be obtained from using them. If You decide to access any such Third-Party Sites linked to the Platform, You are solely responsible for your activities conducted in connection with such Third-Party Sites. Your use of Third-Party Sites is subject to the terms of use and privacy policies located on the Third-Party Sites which may be different from this Agreement or our Privacy Policy and, therefore, We recommend that You review such Third-Party Sites’ privacy policies.

10. Disclaimer of Warranties; No Investment Advice; and Content.

10.1. Disclaimer.
The Company cannot and does not represent or warrant that the Platform, the Content, or its server will be accurate, error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet Your requirements.

THE PLATFORM AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. THE COMPANY, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY THE “INVALERT PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PLATFORM OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE PLATFORM OR CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE PLATFORM, CONTENT OR PLATFORM IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM OR CONTENT.

10.2. No Recommendations or Investment Advice
The Invalert Parties are neither licensed nor qualified to provide investment advice. The Company provides self-directed investors with trading information and news in crypto markets for informational and educational purpose only, and does not make recommendations or offer investment advice of any kind. No content or other information you obtained through the Platform or from Us is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy cryptocurrencies or securities. Users should be aware of the very high risks involved in Cryptocurrency market. The Company recommends that Users desiring to trade or invest in cryptocurrencies do so cautiously and in consultation with their qualified financial, legal, and tax advisors. You are solely responsible for evaluating the merits and risks associated with the use of any Content provided through the Platform or by Us before making any decisions based on such Content. You agree not to hold any Invalert Party liable for any possible claim for damages arising from any decision you make based on the Content or other information made available to you through the Platform or by Us. Past performance data or historical data should not be construed as indicative of future results.

10.3. Content
Any content posted on the Platform or sent to Users through Alerts is published as of its stated date or, if no date is stated, the date of first posting. The Company has undertaken any duty to update any such information.

The Company does not prepare, edit, or endorse Content obtained from any third-party sources (“Third Party Content”). The Company does not guarantee the accuracy, timeliness, completeness or usefulness of Third Party Content, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites.

You will not hold the Company or any Invalert Party liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content; or (b) any loss or damage arising from or in connection with i) an error or delay in the transmission of such Content; ii) interruption in any such Content due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of the Company, or iv) non-performance.

Content is provided exclusively for personal and noncommercial access and use. No part of Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

The Content and Platform shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.

11. Limitation of Liability.

IN NO EVENT SHALL ANY INVALERT PARTY BE LIABLE TO YOU, OR ANY THIRD-PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PLATFORM OR CONTENT, LOSS OF THE USE OF THE PLATFORM OR CONTENT, OR DAMAGES ARISING FROM ANY DECISION YOU MAKE BASED ON THE CONTENT OR OTHER INFORMATION MADE AVAILABLE TO YOU THROUGH THE PLATFORM OR BY US, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF AN INVALERT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHING IN THIS SECTION 11 SHALL EXCLUDE OR LIMIT ANY INVALERT PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH INVALERT PARTYS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11.1. Indemnification
You hereby agree to defend, indemnify, and hold harmless each Invalert Party from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorney’s fees and costs) arising from:

(i) Your use or inability to use of the Platform or any Content;

(ii) a breach of these Terms and Conditions by You, Your employees, contractors or agents;

(iii) a breach of any applicable law by You, Your employees or agents; and

(iv) any action against Company by a third-party as a consequence of any of the above.

12. Choice of Law; Dispute Resolution; Class Action Waiver.

12.1. Choice of Law
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California without regards to its conflicts of laws principles.

12.2. Dispute Resolution/Acknowledgment of, and Agreement to, Arbitration
Except as prohibited by law, any dispute or controversy regarding the enforcement or interpretation of this Agreement will be resolved through binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association in Santa Clara County, California. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of the parties to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration.

12.3. Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither You nor Company has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.

13. General Terms.

13.1. Entire Agreement
This Agreement and any other terms or privacy policies referenced herein, is the entire agreement between You and the Company and supersedes any prior agreement or understanding regarding anything connected to that subject matter.

13.2. Amendment; Modification
Company may add to, change or remove any part of the Platform, including, without limitation, any Content, at any time without prior notice to You. We also reserve the right to modify this Agreement at any time. When We make changes to the Agreement, We will revise the “Last updated” date at the top of the Agreement and We will notify You of the changes by prominently posting a notice of such changes on the Platform and/or be sending You an email. We encourage You to review this Agreement whenever You visit the Platform. By continuing to access and use the Platform after any such changes have been posted, You are indicating your acceptance of such changes, even if You have not reviewed the changes.

13.3. Electronic Communications
Whenever You visit our Platform or send emails to Us, You are communicating with Us electronically. For that reason, You also consent to receive communications from Us electronically. We will communicate with you by email (if you have provided your email address to Us), by posting notices on our Platform or by such other means as We may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.

13.4. Waiver
Company’s failure to exercise, partially exercise or delay in exercising any right or remedy under this Agreement shall not operate as a waiver or estoppel of any right, remedy or condition.

13.5. Severability
If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.

13.6. Assignment
You may not assign or otherwise transfer your rights, or delegate your performance, under this Agreement to a third-party without Company’s prior written consent. Company may assign or transfer its rights or delegate any performance under this Agreement to any third-party in its sole discretion.

13.7. Comments and Concerns
The Platform is operated by Invalert LLC. Any feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: [email protected]