Terms and Conditions of Use

1. Terms

By accessing this website (the "FINIDEX Website") and the FINIDEX NLP API (both of which are provided by AJW APP Holdings, Inc. (the "Company"), you are agreeing to be bound by these Terms and Conditions of Use (also equivalently referred to as the Terms or the Terms of Use), including the Pricing Terms, the Privacy Policy, the Refund Policy and the Free Trial Terms which are hereby incorporated into these Terms. Furthermore, you agree to comply with all applicable local, state and/or federal laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site or any of the subscription services and the Company may terminate your account. The materials contained in this website and the FINIDEX NLP API are protected by applicable statutory and common law rights, copyrights, trademarks and/or patents existing or pending in favor of the Company.

Furthermore, you agree that you are responsible for the activity of your users who access FINIDEX NLP API through your API Account.

You must be eighteen (18) years of age to use the FINIDEX Website and the FINIDEX NLP API. You hereby covenant that you are at least eighteen (18) years of age.

2. Use License for the FINIDEX Website and FINIDEX NLP API

1. Notwithstanding anything to the contrary contained herein, any API results labeled "dbpedia_" or based on such DBpedia data are governed by the DBpedia data license, a Creative Commons Attribution-ShareAlike License. For the details on that license, please see Section 10 of the following description of DBpedia datasets (located at the bottom of this page): http://wiki.dbpedia.org/services-resources/datasets/dbpedia-datasets .
2. Permission is granted to you and your users to temporarily download one copy of the materials (information or software) contained on the FINIDEX Website and FINIDEX NLP API. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy any Company trademark, logo, notice, copyrighted material or patented material;
   2. use or exploit the materials for any public display (commercial or non-commercial) other than the display of materials to you or your existing clients, subject in each case to the restrictions on redistribution below;
   3. frame any of the materials onto or into any other site or facility (commercial or non-commercial);
   4. attempt to decompile or reverse engineer any software or calculation methodologies contained therein;
   5. remove any copyright or other similar proprietary notations from the materials;
   6. store any of the data or materials in any electronic medium or database, except for your internal analyses only (please also see the section below on redistribution);
   7. access the FINIDEX NLP API on behalf of any party that is not under common control with you, unless you have been authorized to do so, and such entity is a paid subscriber (please also see the section below on redistribution);
   8. create, enhance or supplement any competitive product or service (including machine learning, artificial intelligence and natural language processing) from the FINIDEX Website, FINIDEX NLP API or FINIDEX NLP API results and data, whether or not for financial or other consideration, without the prior written consent of the Company;
   9. make any solicitations through the FINIDEX Website or the FINIDEX NLP API, for any product or service, that is not approved in advance in writing by the Company;
   10. transfer the materials to another person or entity, or "mirror" the materials on any other server or facility, whether or not for any monetary or other consideration; or
   11. use abusive, threatening, hateful, slanderous, libelous, profane, indecent, uncivil or otherwise inappropriate language or images in any messaging or other service or use the foregoing to harass any other user; or
   12. create a false identity or post any false or inaccurate information, or any materials that infringe upon the intellectual property rights (including copyright), or violate secrecy or non-disclosure rules, of any other person or entity; or
   13. post any materials, code, links or other data that is harmful, or potentially harmful, to the Company or any other user, including computer viruses and maleware; or
   14. except as permitted and contemplated in Section 2.1 below (Restriction on Redistribution), list or summarize in any public or private forum, research paper or any other written or verbal materials, any of the FINIDEX NLP data or results, or any statistics or conclusions derived therefrom, without the prior written consent of the Company; or
3. This license shall automatically terminate if you violate any of these restrictions, and your access may be terminated by the Company at any time.

2.1. Restriction on Redistribution

In general, you may include limited statistical summary results from the FINIDEX NLP API in direct written or verbal communication with an existing client/user, only under all of the following conditions:

• such results enhances other significant materials contained within those communications but is not the substantive portion of the communication; and
• the communication of such statistical results is not significant; and
• the communication of such statistical results is not frequent over time; and
• the communication is to an existing client/user; and
• the results are NOT included in a posting to a non-subscribed (open) website/forum/blog/tweet, research paper, newspaper, or any other non-subscribed (open) medium.

If you provide the FINIDEX NLP results to another person who is not an employee of your company (common-control) or another entity that is not an affiliate of your company (common-control), then such person or entity is your end-user/client (the 'last-user'), and you are redistributing our results to such last-user.

In such case, the 'last-user' must separately subscribe to the FINIDEX NLP service to receive the results from you (or, alternatively, you may pay the fees that would otherwise be payable by such last-user and confirm such last-user's acceptance of our Terms).

Below are some examples to help you determine whether or not you are redistributing our results.

• We don't mind if more users benefit from FINIDEX NLP through redistribution, but if you intend to redistribute our work and results, you must first arrange for your end user to pay for a subscription in the case of redistribution (or you may pay on their behalf) and confirm their agreement with our Terms (see our FAQ - accounts, question #2 for the details on one way how to do this -- please contact us for other arrangements).
• We have made our fees attractive so that your clients will reasonably be able to pay for the value added services delivered by FINIDEX NLP.


• Please contact us if you would like to arrange for a customized redistribution arrangement and fee based on your requirements - for example, our results used in an app targeted towards many users/subscribers.

Non-redistributing examples:

• A financial analytics firm or brokerage/advisory firm that uses the FINIDEX NLP results to enhance a recommended buy/sell list of securities for its clients, but does not provide any additional data or summaries from the FINIDEX NLP results relating to such recommended list, has not redistributed the results.
• A brokerage/advisory firm that makes recommendations to its clients/users about securities based partially on the FINIDEX NLP API results, with limited and infrequent incorporation of FINIDEX NLP results in such recommendation, has not redistributed the results.
• A social media monitoring firm that alerts its clients about unusual activity (positive, negative or no activity) based on the FINIDEX NLP results, and incorporates at least two other sources/factors in its alerting process, but does not summarize or provide the overall data leading to this alert/decision, has not redistributed the results.
• An advertising agency that summarizes in a weekly newsletter to existing clients (or specific and named client prospects), the number of mentions of Apple Inc. in Twitter messages for the last week, including whether they were positive or negative has not redistributed the results.

Redistributing examples:

• A brokerage firm that communicates a summary of the activity in Twitter to its clients over the course of the last 12 hours and includes the FINIDEX NLP results in such summary has redistributed our results to such brokerage firm's client/user.
• A social media monitoring firm that summarizes monitored activity in a communication with its clients and includes the FINIDEX NLP results in such summary has redistributed our results to such firm's client/user.
• A financial analytics firm that provides a natural language based financial search or analytical tool that incorporates the FINIDEX NLP results has redistributed our results to such firm's client/user.
• A firm that monitors websites, news, blogs or messages on behalf of its clients/users and regularly includes the FINIDEX NLP results in its communications has redistributed our results to such firm's client/user.
• A software or services firm that develops a spreadsheet-based tool for its clients for analyzing websites, news, blogs, reviews or messages and incorporates the FINIDEX NLP results in such tool has redistributed our results to such firm's client/user.
• An advertising agency that summarizes for existing clients (or specific and named client prospects), every other day, the number of mentions of Apple Inc. in Twitter messages has redistributed our results to such firm's client/user.
• An investment consultant that provides services to investment advisors and regularly includes the FINIDEX NLP results in its summaries has redistributed our results to such firm's client/user.

Please note that the examples above are merely illustrative of the restriction on redistribution — each situation, in practice, will require your analysis regarding the applicability of the Terms. Please contact us with any questions or if you would like an estimate of our fees for significant volumes of redistribution.

3. Your Representations and Warranties

By using the site and the FINIDEX NLP API, you represent and warrant that the materials that you post to the API are free from any computer viruses, maleware, worms and similar damaging technologies, and that such postings do not infringe upon the rights of any other person or entity (including copyright), or violate any secrecy or non-disclosure obligations that you have to any other person or entity.

4. Disclaimer

THE MATERIALS ON THE COMPANY'S WEBSITE AND FINIDEX NLP API SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. THE COMPANY MAY OFFER ENCRYPTION SERVICES RELATED TO ITS SERVICES, BUT MAY CHOOSE TO STORE OR TRANSMIT DATA IN PLAIN TEXT IN ITS SOLE DISCRETION. FURTHER, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE, FINIDEX NLP API OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE, OR THAT ANY MATERIALS ARE FREE FROM COMPUTER VIRUSES, MALEWARE OR OTHER HARMFUL MATERIALS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE FINIDEX NLP API IS AT YOUR SOLE RISK.

5. Limitations

In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Company's site or the FINIDEX NLP API, or the Company's actions or inactions relating to any customer or Company data, even if the Company or an authorized representative has been notified orally or in writing of the possibility of such damage. In no event shall the Company's liability to you for all claims, in the aggregate, exceed the fees paid by you to the Company. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.

6. Indemnification

You agree to indemnify, defend and hold the Company, its officers, directors, agents, and employees, harmless against all costs, expenses, and losses (including reasonable attorney fees and costs) incurred through claims of third parties against the Company based on (i) any breach of any provision or covenant or representation or warranty by you in this terms of use, (ii) any use of the FINIDEX or Company Websites or FINIDEX NLP API by any person or entity that uses your computer, account, login or authenticating credentials, (iii) any claims of infringement of intellectual property, claims of libel, claims of slander, claims of defamation or claims of privacy rights violations that result from your use, or lack of use, of the FINIDEX or Company Websites or FINIDEX NLP API. The Company reserves the right to assume the defense of any third party claims, and you agree to cooperate in such defense, and to pay the Company's reasonable attorneys fees and out-of-pocket costs in defending such claims.

7. Company's Remedies for Damages

In addition to any of the remedies set forth herein, the Company reserves the right to seek any and all remedies against you for any breach of the terms of this Agreement, or for any breach of your representations and warranties herein, whether available at law or in equity, and including, without limitation, compensatory damages, restitution, consequential damages, punitive damages and/or any equitable injunction sought by the Company.

8. Revisions and Errata

The materials appearing on FINIDEX's or the Company's website or the FINIDEX NLP API could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its website or services are accurate, complete, or current. The Company may make changes to the materials contained on its website or services at any time without notice. The Company does not, however, make any commitment to update any materials or services.

9. Links

The Company has not reviewed all of the sites linked to or from its Internet website or the FINIDEX NLP API and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked website is at the user's own risk.

10. Governing Law and Other Provisions

Any claim relating to the Company's website shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. If any provision of these terms are found unenforceable or invalid, the remaining terms shall be enforced to the maximum extent permissible, and all other terms shall remain in effect. The failure of the Company to exercise any of its rights is not a waiver of those rights and is not a waiver of any other rights it may have under these terms or otherwise. The materials contained on the Company's site and the FINIDEX NLP API shall not be downloaded or exported into (or to any national or resident of) Cuba, Iran, North Korea, Sudan, Syria and any country or person that is restricted by United States statutory law or any Federal regulations (including without limitation those of the Department of State, Department of Defense, and the Department of the Treasury) from receiving the materials contained herein. The Company may revise these terms of use for its website and services at any time without notice. By using this website and the FINIDEX NLP API you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

11. Trademarks

A list of the Company's Trademarks include the following:

1. FINIDEX
2. Confidence of Relationship
3. CoR

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