Terms of Service
Terms of service For application software license
The applications and related software provided to you inaccordance with these terms are operated by TrendX Technology Limited (hereinafter, “TrendX”,“We”, or “Us”). These terms of service (the “Terms”)govern your access to the TrendX web applications, web services, platforms, and software owned, controlled, or offered by TrendX now or in the future (collectively referred to as, the "Services"or the “Software”). The term “You”or “User” shall refer to any individual that views, uses, accesses, browses or submits any content or material to the Services. These Terms are important and affect your legal rights, so please read them carefully. The Services are offered to you conditioned on your acceptance, without modification, of these Terms. Certain features, services or tools of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and will be considered to be incorporated by reference into these Terms. Your use of the Services constitutes your agreement to all such Terms.
1. USE OF OUR SERVICES. TrendX provides ready-made artificial intelligence applications that Companies can subscribe to. Companies will be able to access the selected application and receive data through an API feed or via view-only dashboard. Subject to your compliance with these Terms, we will provide you with access to the Services. Access to the Services is permitted on a temporary basis, and were serve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason our Services are unavailable at anytime or for any period or if we terminate your access to the Services.
2. Software license
2.1. Availability. TrendX will provide You with the necessary access credentials and network links for remote access to the Software and use diligent efforts to make the Software available during the Subscription Period. We shall use commercially reasonable efforts to ensure the availability of the Services, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation, (i) a force majeure event;(ii) Internet host, webhosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks;(iii) a fault or failure of your computer systems or networks; or (iv) any breach by of these Terms by you.
2.2. Use Rights. Subject to these Terms, (including payment of the Subscription Fees and any other use restrictions or conditions in the Services), TrendX hereby grants to User (and Authorized Users) the following rights, on a non-exclusive, non- transferable(except to permitted assigns), and non-sublicensable basis (except to Authorized Users): (a) with respect to Software, the right to access and use the Software during the Subscription Period, or (b) a limited-term, revocable right and license to install, operate, and execute the Software in accordance with these Terms. The foregoing grants of rights permit Software use only by Authorized Users and User’s non-commercial internal business purposes.
2.3. Use Restrictions. Except as expressly permitted by these Terms, User will not use the Software for any purposes beyond to the uses stated in Section 2.2. User will not, directly or indirectly, nor permit anyone to: (a) copy, adapt, modify, or create derivative works of the Software or documentation; (b) distribute, sublicense, lease, lend, rent, sell, transfer, publicly display, publicly perform, transmit, publish, broadcast or stream, use for timesharing or service bureau purposes, or provide access to the Software to third parties, or otherwise commercially exploit or make available the Software or documentation other than to User’s Authorized Users, (c) work around any technical limitations, decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover (in whole or in part) any source code or object code, underlying ideas, algorithms, or file formats of the Software, or otherwise attempt to derive or gain access to any component of the Software, in whole or in part; (d)perform benchmark or performance analysis of the Software for any purpose, nor publish any such analysis; (e) remove, alter or obscure any proprietary notices from the Software or documentation (or from any permitted copies thereof); (e)enable anyone other than an Authorized User to access the Services or Software or share login or password information with any person or party not explicitly authorized to access the Services or Software or (f) use the Software other than in accordance with the access or use rights granted in these Terms or the usage parameters specified in the Services, or in violation of applicable laws and regulations, including but not limited to privacy laws, and laws or regulations concerning intellectual property, consumer and child protection, obscenity or defamation. User may not alter any Software configuration implemented by TrendX.
3. Access and security
3.1. Access Credentials. User shall only permit the named developers, data scientists, researchers, or employees of User who are assigned unique access credentials(collectively, the “Authorized Users”) to use the Software and use appropriate administrative controls to ensure that Authorized Users do not share access credentials with each other or any third party. User may at anytime substitute (by written notice to TrendX) individual Authorized User(s) for others, so long as User does not exceed the number of concurrent Authorized Users authorized by the Services. User agrees that the Software, as well as access credentials provided by TrendX constitute Confidential Information of TrendX. User is solely responsible for (and shall indemnify, defend and hold TrendX harmless from) the acts or omissions of its Authorized Users or any third parties who obtain access to the Software through User. User will notify TrendX promptly if it becomes aware of any unauthorized access or use.
3.2. Third Party Materials. In addition to use rights relating to Software, User shall have the right to use any publicly available third-party materials, including platform content and data feeds (to which User subscribes to subject to these Terms), which may be used in back-testing, trading, research, and analysis, and in support of the creation of User Derived Data. You acknowledge and agree that non-public materials provided through the website may be subject to additional restrictions and requirements. In either case, TrendX makes no representations or warranties regarding the quality, accuracy or completeness of any third-party materials provided via the Services or the Software. “User Derived Data ”shall mean any information or data models resulting from User's substantial manipulation or analysis of data feeds provided by TrendX. Some licensors of third-party materials available through the Software require TrendX to disclose User’s identity (as a condition of access to such materials) and/or may impose additional restrictions on your use of such materials.
3.3. Changes to Software. User acknowledges that Software is offered as-a-service and is subject to change over time. TrendX will use reasonable efforts to announce such changes to User through the technical support channels.
3.4. Lawful Use. User warrants that it will not use the Services, Software or any User Data in a manner that:(a) violates any applicable laws or regulations (including without limitation laws governing export control and sanctioned countries or individuals, unfair competition, anti-discrimination, false advertising, privacy and data protection, and publicity, consumer and child protection, obscenity or defamation); (b) infringes any confidentiality or data protection obligation which User may owe to a third party; (c) introduces any viruses, malicious code, or any other items of a harmful nature; (d) violates any third party intellectual property or proprietary right; (e) infringes upon the contractual rights of any third parties or (f) could reasonably be expected to interfere with or disrupt the operation of the Software. User will indemnify, defend and hold TrendX harmless in the event of any third-party claim or regulatory action arising out of User’s breach (or alleged breach) of the foregoing obligations or any other breach of these Terms.
3.5. Suspension of Access. TrendX may temporarily suspend User’s (or any Authorized User’s)access to Software, if (a) User fails to pay any undisputed amount within thirty (30) days of TrendX's notice to User of overdue Subscription Fees, (b)User Data, or User’s use of the Software, or an external security threat or attack jeopardizes the security or stability of the Software, (c) User is in violation of any use restriction set forth in these Terms, (d) User has ceased to carry on its business in the ordinary course, made an assignment for the benefit of creditors, or is subject to any bankruptcy or similar proceeding, (e)a regulatory or legal authority orders TrendX to do so, or if TrendX is denied the use of any third-party services or products on which the Software depends or (f) TrendX has a good faith suspicion or belief that You have breached these terms. Any such temporary suspension shall only continue until TrendX has reasonably determined that the triggering circumstance has been resolved, and TrendX will use reasonable efforts to announce any suspension and/or resumption of access to User through TrendX’s technical support channels. TrendX will have no liability for any damage, liabilities, losses (including any loss of data or profits) to User or any Authorized User as a result of a suspension undertaken in accordance with this Section.
4. Intellectual property ownership
4.1. Reservation of Rights. The Software is the proprietary intellectual property of TrendX and constitutes TrendX Confidential Information. The Software is licensed for limited access or limited term use, and not sold to User. Subject to any license granted in these Terms, TrendX and its licensors retain sole and exclusive ownership of all intellectual property rights, title, and interest in and to the Software and any other technology used to provide it or content provisioned through it. TrendX reserves all rights not expressly granted to User under these Terms. Any and all copies, enhancements, modifications, updates, upgrades, or corrections or derivative works that are made to the Software or Services, in whole or in part, are deemed to form part of the Software and will be owned exclusively by TrendX.
4.2. Ownership and Use of User Data. User hereby grants TrendX the right, during the Subscription Period, to receive, store, and use any User Data, for the provision of the Services to User. TrendX acknowledges that, as between the Parties, User owns and controls all right, title and interest in and to the User Data, and TrendX will obtain no ownership rights to User Data. “User Data” means datafeeds and inputs provided by User to for analysis and processing to the Software, as well as the resulting Software-generated analytical outputs and any analysis based on such outputs (subject, at all times, to TrendX’s right to Platform Analytics as described below). TrendX will maintain appropriate administrative, technical, and physical security measures intended to protect User Data against unauthorized access, disclosure, and loss. TrendX shall have the right (subject to its confidentiality obligations) to use aggregated User Data to improve the Software and the ability to utilize Platform Analytics for any purpose.
4.3. Limited Retention of User Data. Following the end of the Subscription Period, TrendX will retain the User Data for a limited time, as follows: (a) for thirty (30) days after completion of a User Data export request from User; or (b) in the case of expiration or termination of these Terms without such an export request, then TrendX will retain the User Data for thirty (30) days following the end of the Subscription Period. During the limited retention period described in this Section, TrendX will (upon User’s request) make available for export all User Data stored in the Software at no charge and in TrendX’s standard structured data format. Following this limited retention period, or upon User’s request, TrendX may destroy the User Data permanently; provided that TrendX may retain electronic backup copies not accessible in the ordinary course of business or as necessary to comply with applicable law.
4.4. Platform Analytics. TrendX may access and shall own all usage data related to User’s use of the Software, including but not limited to metadata, platform performance and diagnostic data, and any associated analytics generated by the Software or compiled by TrendX (e.g., as part of TrendX monitoring of User’s use of Software hosted by TrendX) (collectively, “Platform Analytics”). User hereby assigns all right title and interest in and to Platform Analytics to TrendX. User will allow TrendX to access and obtain Platform Analytics in the following manner: (a) TrendX may directly access Platform Analytics by means of system-level access to Software, or (b) TrendX will obtain, on a monthly (or other mutually agreed periodic) basis an offline archive of Platform Analytics data created by User (based on TrendX’s instructions).
5. TERMINATION. Upon termination of the Services for any reason, User shall (a) pay TrendX all Subscription Fees and expenses which have been incurred or earned in connection with its performance through the effective date of such termination, and (b) immediately cease all use of the Software, provide TrendX with all Platform Analytics, return any and all tangible materials provided by TrendX, and permanently destroy its instances of the Software and of any electronic materials provided by TrendX. User acknowledges that the Software may contain automatic restrictions on functionality which TrendX may configure and use to enforce anytime limit on User’s usage entitlement. For the avoidance of doubt, TrendX reserves the right to terminate or suspend your access to the Services in the event of your breach of these Terms without any refund for any prepaid Services.
6. CONFIDENTIALITY. As used in these Terms, “Confidential Information” means all documents, software and documentation, reports, financial or other data, records, forms, tools, products, services, methodologies, present and future research, technical knowledge, marketing plans, trade secrets, and other materials provided by one Party to the other Party in the course of performing under these Terms (including the Software), whether tangible or intangible and whether or not stored, compiled, or memorialized physically, electronically, graphically, in writing, or by any means now known or later invented. Confidential Information includes without limitation records and information (a) that has been marked as proprietary or confidential; (b) whose confidential nature has been made known by User or TrendX; or (c) that due to its character and nature, a reasonable person under like circumstances would treat as confidential. Notwithstanding the foregoing, Confidential Information does not include information which: (i) is already known to the recipient at the time of disclosure; (ii) is or becomes publicly known through no wrongful act or failure of recipient to comply with these Terms; (iii) is independently developed by recipient without benefit of the other Party’s Confidential Information; or (iv) is received from a third party which is not under and does not thereby breach an obligation of confidentiality. Each Party agrees to protect the other Party’s Confidential Information at all times, and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with less than a reasonable standard of care. Each Party will return to the other Party all Confidential Information and all copies thereof when the other Party requests the same or immediately upon termination of the Subscription Period, whichever occurs earlier, except for one copy thereof that TrendX may retain for its records. Neither Party shall, except with respect to those of its employees or authorized agents who have a need to know in order to enable such Party to perform under these Terms, use or disclose to any person, firm or entity any Confidential Information of the other Party without such other Party’s express, prior written permission; provided, however, that notwithstanding the foregoing, TrendX may disclose Confidential Information to the extent that it is required to be disclosed pursuant to a statutory or regulatory requirement or court order. Confidential Information is and shall (as between the Parties) continue to be owned solely by the Party providing disclosure or access to it. The confidentiality restrictions and obligations imposed by this Section shall survive the expiration or termination of the Subscription Period.
7. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPLICITLY SET FORTH HEREIN AND TO THE MAXIMUM EXTENT ALLOWABLEUNDER APPLICABLE LAW, THE SERVICES AND SOFTWAREARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONSOR WARRANTIES EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OFMERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ANYWARRANTIES IMPLIED BY ANY COURSE OF DEALING OR USAGE OF TRADE. TRENDX DOES NOTREPRESENT OR WARRANT THAT THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE OR COMPLETE OR COMPLY WITH REGULATORY REQUIREMENTSAPPLICABLE TO YOU, OR THAT TRENDX WILL CORRECT ALL (OR ANY) ERRORS.
8. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INNO EVENT SHALL TRENDX OR ANY OF ITS OWNERS, EMPLOYEES, DIRECTORS, STOCKHOLDERS, OFFICERS, AGENTS, AFFILIATES, AND SUBSIDIARIES (“RELEASEES”) BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOURUSE OF THE SERVICES. NEITHER TRENDXNOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, COST OF COVEROR SUBSTITUTE SERVICES, LOST PROFITS, LOST SAVINGS OR BUSINESS OR SERVICEINTERRUPTION, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAND REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. INADDITION, TRENDX SHALL NOT BE LIABLE FOR THE CRIMINAL ACTS OF THIRD PARTIES.YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR YOUR USE OF THE SERVICES ANDSOFTWARE, AND AS SUCH TRENDX SHALL HAVE NO LIABILITY FOR YOUR RELIANCE ON DATATHAT RESULTS FROM YOUR USE OF THE SERVICES. In no event will TrendX, its subsidiaries and/or insurers aggregate liability arising out of or in connection with these Terms or your use of the Services, exceed the greater of (i) the amounts you have paid for the Services, if applicable, in the six (6) month period prior to the event giving rise to the liability, or (ii) US $1,000. SOME JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTALDAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY WAIVECALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERALRELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECTTO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IFKNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITHTHE DEBTOR.” EACH PARTY AGREES THAT THE FOREGOING IS AN AGREEDALLOCATION OF RISK AND IS A REFLECTION OF THE RIGHTS AND OBLIGATIONS AGREEDUPON BY YOU AND TRENDX IN THESE TERMS.
9. INFORMAL DISPUTE RESOLUTION; GOVERNING LAW; JURISDICTION. You and TrendX agree that any dispute that has arisen or may arise between Us relating in any way to Your use of or access to the Services, any validity, interpretation, breach, enforcement, or termination of these Terms, or otherwise relating to TrendX in any way (collectively, "Covered Dispute Matters") will be resolved in accordance with the provisions set forth in this Section. If You have any dispute with Us, you and TrendX agree that before taking any formal action, contact us at info@TrendX.ai and provide a brief, written description of the dispute and your contact information (including your email address) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with you. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHERONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER INANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS INTHE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site, services, or these Terms must be filed within one (1) year after such claim or cause of action arises, or it will be forever barred.
10. ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on the Services that may contain typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, offers, charges and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel transactions if any information in the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Services, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated. We reserve the right to correct any errors or omissions in the Services.
11. ELECTRONIC COMMUNICATIONS. Using the Services or sending emails to us constitutes electronic communications. If you provide us with your email address, you consent to receive electronic communications from us and you agree that all agreements, notices, disclosures, and other communications that TrendX provides to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.
12. HARM FROM COMMERCIAL USE. You agree that the breach of these Terms and/or consequences of commercial use or re-publication of content or information from the Services may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that TrendX will be entitled to temporary and permanent injunctive relief to prohibit such use in addition to, and not in lieu of, all other legal remedies available to TrendX hereunder.
13. ENTIRE AGREEMENT. Unless otherwise specified herein, these Terms (and any order form or order process provided by TrendX to you and accepted by You without modification) constitutes the entire agreement between you and Us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Us.
14. CHANGES TO TERMS. We reserve the right, in our sole discretion, to change the Terms under which the Services is offered. The most current version of the Terms will supersede all previous versions. We may alter or amend our Terms by giving you reasonable notice (including by revising the "Last Updated" date above. By continuing to use the Services after expiry of the notice period or accepting the amended Terms (as We may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
15. RELATIONSHIP BETWEEN THE PARTIES. TrendX and User (and its Authorized Users) are independent contractors and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other party in any manner.
16. MISCELLANEOUS. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you without our prior written consent. The waiver or failure of TrendX to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to these Terms will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”