Platform Terms of Service

Fintevo, LLC("Fintevo" or "we," "us" or "our") is making available services based on its proprietary trading support platform (the "Platform" and such services, the "Platform Services") via this password-protected portion of Fintevo's website (the "Site"), and subject to the terms described in these Platform Terms of Service ("Platform Terms"). If you access the Platform Services, you agree to comply with and be bound by these Platform Terms.  If you do not agree to all provisions of these Platform Terms, you may not access or use the Platform Services.

To the extent permitted by applicable laws, by accessing and using the Platform Services, you are waiving your right to act as a plaintiff or class member in any purported class or representative proceeding.  Please see below for more information.  [Link to class action waiver language below.]

Fintevo reserves the right to make changes at any time to these Platform Terms.  Any modifications to these Platform Terms will be effective upon posting on the Site.  Your use of the Platform Services following posting of any revised Platform Terms will constitute acceptance of the modified Platform Terms.

Eligibility

To be eligible to access and use the Platform Services, you must (i) have a customer account with My Funded Futures ("MFF" and such account, an "Account"), (ii) be at least 18 years of age, and (iii) be capable of entering into a binding agreement with Fintevo.  By accessing the Platform Services, you represent that you meet all of these requirements.

Access Methods

The Platform Services may be accessed only by using such login credentials or other access methods as are assigned by Fintevo or for which you register with MFF, as applicable (collectively, "Access Methods"). You will be solely responsible for (i) maintaining the confidentiality of your Access Methods; (ii) all activities undertaken using your Access Methods, whether authorized by you or not; (iii) ensuring your  Access Methods are not used by any third party or other unauthorized individual or entity; and (iv) notifying Fintevo immediately of any unauthorized use of your Access Methods or any other known or suspected breach of security relative to the Platform Services.

Use of the Platform Services

Subject to these Platform Terms, Fintevo hereby grants to you, on an AS IS, AS AVAILABLE basis, a non-exclusive, non-transferable, non-sublicenseable, revocable right to access and use the Platform Services solely for your personal, educational, informational and lawful purposes or as otherwise permitted via a separate written agreement between you and Fintevo.

Connectivity to Platform Services

As between Fintevo and you, you shall be solely responsible for all software, hardware, networks and other technology necessary to access and utilize the Platform Services, and any and all damages, losses, costs and expenses associated therewith.  In any event, neither Fintevo nor any of Fintevo's licensors, service providers or other suppliers shall have any responsibility to provide any such resources to you.

Restrictions on Use of Platform Services

You agree not to:

• interfere, in any way, with others' use of or access to the Platform Services;

• attempt to gain unauthorized access to the computer system of any other Platform Services user;

• take any other action in connection with your use of the Platform Services which violates any applicable local, state, national or international law, rule, regulation or order of any court (collectively, "Laws");

• attempt to discover the source code of the Platform;

• attempt to circumvent, eliminate, override, disable or modify any security measures as Fintevo may provide with respect to the Platform Services;

• use any robot, spider, scraper or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Platform Services without the express written permission of  Fintevo; or

• take any other action that imposes an unreasonable or disproportionately large load on the Platform Services or otherwise damage, disable, overburden or impair our servers or networks. 

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, otherwise distribute, or commercially exploit in any way, the Platform or the Platform Services, without the prior written permission of Fintevo.

User Data

As between you and Fintevo, you are responsible for any and all data, information or materials as you may upload to the Platform Services from time to time or as otherwise provided by you to Fintevo (collectively, "User Data"), including the accuracy and security thereof and all consequences of any uploading, storage, display, transmission, distribution and/or other use of such User Data.  You specifically agree you will not upload or otherwise transmit to or via any Platform Services any User Data that: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other proprietary right of any individual or entity; (ii) is fraudulent, misleading, defamatory, slanderous, libelous, expresses hate, harassing, abusive or unlawfully threatening; (iii) is pornographic, obscene, vulgar or exploitative of any minor; (iv) contains or embodies any computer virus, Trojan horse, worm, time bomb, or other similar code or component designed to disable, damage or disrupt the operation of, permit unauthorized access to, erase, destroy or modify, any software, hardware, network or other technology ("Malicious Code"); (v) impersonates any individual or entity or misrepresents your connection to any individual or entity; (vi) advocates illegal activity or discusses an intent to commit any illegal act; or (vii) otherwise violates any applicable Laws. 

Modification or Discontinuance of Platform Services by Fintevo

At any time, without notice to you, and for any or no reason, Fintevo may modify or discontinue the Platform Services.  Fintevo shall in no way be held liable for any consequence which results from Fintevo's decision to modify or discontinue providing the Platform Services.

Denial of Access; Termination

Fintevo may terminate these Platform Terms, suspend all of your rights hereunder and/or otherwise prohibit you from using or accessing the Platform Services, in whole or in part, for any or no reason, at any time, in its sole discretion, with or without notice to you.  Without limiting the generality of the foregoing, Fintevo reserves the right to investigate and take legal action against any perceived illegal and/or unauthorized use of the Platform Services and to suspend your right use of the Platform Services for any or no reason, including without limitation if we believe you have violated these Platform Terms or applicable Laws.  Fintevo's decision not to pursue legal action for any violation of these Platform Terms shall not be construed as a waiver of any provision of these Platform Terms or any legal rights of Fintevo. 

Intellectual Property

Subject to the limited rights granted to you under these Platform Terms, as between you and Fintevo, all rights, title and interest in and to the Platform and the Platform Services, including any and all updates, modifications, enhancements and new versions to or of the foregoing, and all derivative works based thereon, and all copyrights and other intellectual property rights associated therewith, shall be and remain vested in Fintevo (or Fintevo's suppliers or licensors, as applicable).  You specifically acknowledge that your permitted use of the Platform Services will not vest in you any rights, title or interest in the Platform or the Platform Services other than the limited rights expressly granted herein.  No provision of these Platform Terms shall be construed as granting to you a license to, or any other right in, the source code of the Platform.  If you provide to Fintevo any suggestions, comments or other feedback with respect to the Platform or any Platform Services, you hereby irrevocably assign to Fintevo all worldwide rights, title and interest in and to such feedback, including all intellectual property rights therein and thereto and the right to prosecute and recover damages for any and all violations thereof, and hereby irrevocably waive and assign to Fintevo all rights of attribution and moral rights therein, and acknowledge that Fintevo may use such feedback on an unrestricted basis in any manner and media as it may determine in its sole discretion, without any attribution, royalties or other compensation to you.

Links to Third Party Websites

You acknowledge that, at any time, Fintevo may provide links to the websites of third parties via the Platform Services.Fintevo is not responsible for the content of any links, or any products, services or other materials relating to any linked site, or any link contained in a linked site, or for monitoring any use by you thereof. The display of any link does not imply endorsement by Fintevo of the linked site or any content therein.  IN NO EVENT WILL FINTEVO BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, YOUR USE OF THE PLATFORM SERVICES IS AT YOUR OWN RISK.  THE PLATFORM SERVICES ARE PROVIDED BY FINTEVO ON AN "AS IS" AND "AS AVAILABLE" BASIS.  FINTEVO MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE PLATFORM SERVICES, EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.  IN ADDITION, FINTEVO DOES NOT REPRESENT OR WARRANT THAT ANY OF THE PLATFORM SERVICES OR ANY INFORMATION OR DATA GENERATED IN CONNECTION WITH THE USE THEREOF OR OTHER OUTPUTS THEREOF WILL MEET YOUR FINANCIAL OR TRADING NEEDS OR REQUIREMENTS OR WILL BE ACCURATE, COMPLETE, TIMELY, CURRENT, ACCESSIBLE, UNINTERRUPTED, AVAILABLE, RELIABLE, SECURE OR FREE OF ERRORS, DEFECTS OR MALICIOUS CODE.  UNDER NO CIRCUMSTANCES SHALL FINTEVO BE RESPONSIBLE FOR ANY USER DATA OR THE ACCURACY, CURRENCY, PRIVACY, CONFIDENTIALITY OR SECURITY THEREOF, OR ANY TRADING ACTIVITIES, INVESTMENTS, CALCULATIONS, REPORTS, ANALYSES, RETURNS OR ANY OTHER DOCUMENTATION BASED ON ANY USER DATA OR ANY USE OF THE PLATFORM SERVICES.

SUBSCRIBER FURTHER EXPRESSLY ACKNOWLEDGES THAT (I) THE PLATFORM SERVICES ARE FOR INFORMATIONAL AND EDUCATIONAL USE ONLY, (II) PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, (III) FINTEVO DOES NOT GUARANTEE ANY SPECIFIC OUTCOMES OR PROFITS AS A RESULT OF USING THE PLATFORM SERVICES, (IV) YOU ARE RESPONSIBLE FOR ANY AND ALL TRADING OR INVESTMENT DECISIONS BASED ON THE PLATFORM SERVICES OR ANY DATA OBTAINED THEREFROM, AND (V) THE PLATFORM SERVICES DO NOT CONSTITUTE, AND ARE NOT INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR, ACCOUNTING, LEGAL, COMPLIANCE, TAX OR OTHER PROFESSIONAL ADVICE OR OTHER PROFESSIONAL SERVICES OF ANY KIND.

Limitation of Liability; Class Action Waiver

EXCLUDING ANY LIABILITY HEREUNDER ARISING FROM FINTEVO'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE AND ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAWS, (i) YOU AGREE THAT IN NO EVENT SHALL FINTEVO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OR CORRUPTION OF DATA, TRADING LOSSES OR BUSINESS INTERRUPTION AND THE LIKE, ARISING IN ANY MANNER WHATSOEVER OUT OF OR IN CONNECTION WITH THESE PLATFORM TERMS OR ANY USE (WHETHER OR NOT AUTHORIZED) OR INABILITY TO USE THE PLATFORM SERVICES OR ANY OTHER INFORMATION OR MATERIALS PROVIDED BY FINTEVO OR ACCESSIBLE VIA OR GENERATED OR OTHERWISE MADE AVAILABLE BY THE PLATFORM SERVICES, INCLUDING THE ACCURACY, AVAILABIILITY, COMPLETENESS, RELIABILITY, TIMELINESS, QUALITY, SECURITY, OR PERFORMANCE, OF THE PLATFORM SERVICES OR ANY FAILURES, DEGRADATIONS OR DELAYS ASSOCIATED THEREWITH, REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN TORT, CONTRACT, OR OTHERWISE, AND EVEN IF FINTEVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (ii) NOTWITHSTANDING THE FOREGOING, IF A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION SHOULD FIND FINTEVO LIABLE FOR ANY LOSS, DAMAGE OR EXPENSES UNDER THESE PLATFORM TERMS, THE AGGREGATE LIABILITY OF FINTEVO UNDER THE AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO $500.

WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THESE PLATFORM TERMS, YOU AGREE THAT IF FINTEVO'S PERFORMANCE OF ANY PLATFORM SERVICES IS PREVENTED, HINDERED, DELAYED OR OTHERWISE MADE IMPRACTICABLE BY REASON OF ANY CAUSE BEYOND FINTEVO'S REASONABLE CONTROL, INCLUDING ANY FLOOD, RIOT, FIRE, ACT OF TERRORISM, PANDEMIC, EPIDEMIC AND JUDICIAL OR GOVERNMENTAL ACTION (EACH, A "FORCE MAJEURE EVENT"), FINTEVO SHALL BE EXCUSED FROM SUCH PERFORMANCE TO THE EXTENT, INCLUDING FOR THE DURATION OF TIME, THAT IT IS PREVENTED, HINDERED OR DELAYED BY SUCH FORCE MAJEURE EVENT.

CLASS ACTION WAIVER:  NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY (A) AGREE THAT YOU MAY BRING ANY CLAIM AGAINST FINTEVO SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, (B) IRREVOCABLY COVENANT TO REFRAIN FROM ASSERTING OR SEEKING RELIEF WITH RESPECT TO ANY CLAIM, OR COMMENCING, INSTITUTING OR CAUSING TO BE COMMENCED, ANY CLASS ACTION OR OTHER ACTION OF ANY KIND IN A REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS, AGAINST FINTEVO, ARISING OUT OF OR RELATING TO ANY PLATFORM SERVICES OR THESE PLATFORM TERMS, (C) IRREVOCABLY WAIVE ANY RIGHT TO BRING ANY SUCH CLAIM OR OTHER ACTION OR TO SEEK ANY SUCH RELIEF, AND (D) AGREE ANY CLAIM OR OTHER ACTION HEREUNDER SHALL NOT BE CONSOLIDATED OR JOINED WITH OR IN ANY ARBITRATION OR OTHER PROCEEDING INVOLVING A CLAIM OF ANY OTHER PERSON.

Remedies

You agree to indemnify, reimburse and hold harmless Fintevo and its affiliates and the officers, members, directors, employees, agents, and representatives of Fintevo and its affiliates ("Fintevo Parties") from and against all costs, claims, demands, losses, expenses and liabilities of any nature whatsoever, including reasonable attorney's fees, disbursements, court costs and costs of investigation (collectively, "Losses") incurred or suffered by such Fintevo Parties based upon or arising out of (i) use of the Platform Services, or any other information or materials provided by Fintevo or accessible via or generated by the Platform Services, by you or any other person using any of your Access Methods, whether or not authorized, except to the extent such Losses are proximately caused by the gross negligence or willful misconduct of Fintevo,(ii) breach of any of your obligations, representations, warranties or covenants under these Platform Terms or any other agreement between you and Fintevo, (iii) your negligence or willful misconduct, and (iv) any User Data.  You acknowledge and agree that the violation of its obligations under these Platform Terms would cause irreparable harm to Fintevo, which harm may not be compensable solely by monetary damages, and that, therefore, in the event of an actual or threatened breach by you of any such provisions of these Platform Terms, Fintevo shall be entitled to injunctive and other equitable relief, without the necessity of proving monetary damages or posting bond or other security.  Any such equitable relief granted shall be without prejudice to any other rights and remedies as Fintevo may have under these Platform Terms.

Privacy

The terms of the Fintevo Privacy Policy are hereby incorporated as part of these Platform Terms Privacy Policy. 

Governing Law

The laws of the State of Delawarewill govern these Platform Terms, without giving effect to any principles of conflicts of laws.  You agree that any action arising out of these Platform Terms or your use of the Platform Services or any outputs thereof shall be brought exclusively in state or federal court located in Dallas, Texas, and you irrevocably consent to the jurisdiction of such courts and waive, to the fullest extent permitted by applicable laws, any objection to the laying of venue in such courts of any legal action or proceeding arising out of or relating to these Platform Terms and any claim that any such action or proceeding has been brought in an inconvenient forum.  YOU FURTHER IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE PLATFORM TERMS OR YOUR USE OF THE SITE.   

International Use

Neither the Platform Services nor any information or data available via or generated by the Platform Services may be downloaded or otherwise exported to any jurisdiction or person to which such export is prohibited by applicable laws or regulations or to anyone on the United Stated Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.  By accessing or using the Platform Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise violating any applicable export or other laws or regulations.  You further agree to indemnify, reimburse and hold harmless Fintevo against any and all Losses arising from, or relating to, any asserted violation by you of any applicable laws and/or administrative regulations relating to the control of exports of commodities and technical data and/or any other breaches of this paragraph.

Notices

Except as otherwise expressly provided herein, all notices and other communications hereunder: (i) shall be in writing; (ii) may be delivered by hand, by any internationally recognized private courier or by electronic mail; (iii) shall be effective on the date of delivery, except that any notice provided by e-mail will be effective only upon the acknowledgement by the addressee of receipt thereof; and (iv) shall be addressed as follows (or to such other address or addresses as may hereafter be specified by notice given by one Party to the other):

If to Fintevo:

Fintevo, LLC

E-mail: [email protected]

If to you, at such address to which your MFF Account is registered.

Miscellaneous

You may not, without Fintevo's prior written consent, assign or otherwise transfer these Platform Terms or any rights or obligations hereunder.  Fintevo's failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Fintevo agrees to such waiver in writing.

If any portion of these Platform Terms is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions.  These Platform Terms set forth the entire understanding between you and Fintevo with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Fintevo with respect to such subject matter. 

You agree that any causes of action by you related in any way to these Platform Terms or your utilization of the Site must be brought within one (1) year after the cause of action accrues or shall be permanently barred.