Terms of Service

FLOURSIHING CAPITAL Terms of Service

Last updated January 20, 2022

This service is made available to you by Flourishing Capital, LLC (“Flourishing Capital”, “we”, “us” or “our”) and related software referred to as the “Software” “AI Researcher”, “Artificial Intelligence Analyst” or “AI”.

The following terms and conditions (“Terms of Use”) are the terms and conditions for the use of the Software by end user clients or visitors (“Client”, “you” or “your”). These Terms of Use also apply to the purchase and sale of products and services by Clients through the Software. Use of this Software indicates acceptance of these Terms of Use.

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE. BY ACCEPTING THESE TERMS YOU AGREE AND CONFIRM THAT:

you have read, understood, and agreed to be bound by these Terms of Use;
you assume all the obligations set forth herein;
you are of sufficient legal age and capacity to use the Software;
you are not under the control of jurisdiction that explicitly prohibits the use of similar software;
you use the Software at your discretion and under your own responsibility.

These Terms of Use constitute a legally binding agreement between You and Flourishing Capital regarding your access to and use of the Software, which includes, without limitation, registering for a Client account (“Client Account”).

If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Use, in which case the terms “you” and “your” shall refer to such entity and its affiliates and not to you personally. If you do not have such authority you must not accept these Terms of Use and may not use the Software.

Flourishing Capital may update or revise these Terms of Use from time to time by providing notice of such updates or revisions on the Software. You agree that you will review these Terms of Use periodically. If you do not agree to any modified version of these Terms of Use, your sole recourse is to terminate your use of the Software. If you breach any of these Terms of Use, your authorization to use the Software automatically terminates and you must discontinue all use of the Software.

2. THE SOFTWARE

The Software provides you with tools that allow you to evaluate market conditions for trading a variety of assets and receive information markets and assets including equities, debt instruments, alternative investments using third-party APIs.

3. DISCLAIMER

FLOURISHING CAPITAL PROVIDES THE SOFTWARE. FLOURISHING CAPITAL DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. FLOURISHING CAPITAL IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. YOU ACKNOWLEDGE AND AGREE THAT FLOURISHING CAPITAL IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE PLATFORM. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES OR YOUR INTERPRETATIONS OF THE DATA ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

CRYPTOCURRENCY SPECIFIC DISCLOSURES. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS AND THE FUNDS OF YOUR CLIENTS IF APPLICABLE BY USE OF THE PLATFORM'S INFORMATION SERVICES. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT FLOURISHING CAPITAL CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.

4. PRICES, FEES, PAYMENT TERMS AND REFUNDS

All prices, fees, discounts, and promotions posted on the Software are subject to change without notice. The price charged for a product or service will be the price advertised on the Software at the time the order is placed, subject to the terms of any promotions or discounts, your geographical location or residence, chosen payment method. Fees are charged at the discretion of Flourishing Capital.
Additional charges or taxes may be applied by your payment service provider, Exchange, issuer bank or intermediary which are beyond our control.
All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. Due to the nature of the Software as a digital product, no refunds are granted without clear, justified and legitimate reasons.

5. ACCOUNTS

To use certain features on the Software, you must register for a Client Account. You must be over the age of eighteen (18) to register for a Client Account. You are solely responsible for ensuring that the use of the Software in accordance with these Terms of Use in your jurisdiction of residence is permitted by law or regulation. If such use is not permitted by law, we prohibit all access to and use of the Software.

As part of the registration process, you will be required to provide us with certain information, such as your Exchange API key and secret and Telegram username. You may update or change your Client Account settings at any time. You are not permitted to provide any unauthorized person with access to your Client Account.

If you are creating a Client Account on behalf of a company, you represent and warrant that you have been authorized and have the necessary authority to create the Client Account and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the company.

5.1 Account Confidentiality

Any user name, API key, API secret, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that, should you be provided a Client Account, your Client Account is personal to you and you agree not to provide any other person with access to the Software or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a failure on your part to maintain the confidentiality of your API key, API secret, password or username.

5.2 Account Termination and Cancellation

You have the right to close your Client Account at any time once all obligations associated with the Client Account have been completed. You acknowledge and agree that if we disable access to your Client Account, you may be prevented from accessing the Software.

6. USE OF THE SOFTWARE BY YOU

Your use of the Software is subject to all applicable local, provincial and federal laws and regulations. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents (defined below) or any of our products and services for any purpose.

You agree that you will not use the Software to:

access content and data that is not intended for you;
restrict disrupt or disable service to users, hosts, servers or networks or otherwise attempt to interfere with the proper working of the Software;
promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, sexually explicit, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
upload, post or otherwise make available any material that contains viruses, worms, malware or other malicious software;
upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
create a false or clearly fictional profile;
engage in any activity that interferes with or disrupts the use of the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Software;
engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
track, trace or harvest any information on the Software or any other person who visits the Software; or
sell, distribute, copy, sub-license, loan, transfer, duplicate, reproduce, trade, resell, or otherwise monetize the Software without our consent.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach.

7. LINKS TO THIRD-PARTY PLATFORMS AND AI TRADER INFORMATION

Use of certain links on the Software will direct you to third party (including but not limited to Enterprise Partners) feeds, software, websites or mobile applications (collectively, “Third Party Platforms”). Such Third Party Platforms are not under the control of Flourishing Capital, and we are not responsible for the contents of any such Third Party Platforms or any link contained in such Third Party Platform. Links to Third Party Platforms included on the Software are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third Party Platform or the products or services or information offered therein. If you decide to access any Third Party Platform information linked to the Software, you do so entirely at your own risk. You acknowledge and agree that Flourishing Capital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party Platform or information.

8. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The contents of the Software include, without limitation, all information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly communicate so in writing, the term Software includes all content.

The Software together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Software, is the exclusive property of Flourishing Capital, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with Flourishing Capital, nothing in these Terms of Use gives you a right to use any of the Contents, Flourishing Capital’ trade-marks or other intellectual property of Flourishing Capital. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Software to any party.

No information or statement contained in these Terms of Use or the Software shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of Flourishing Capital or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Software, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Software.

Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.

9. THIRD-PARTY INFORMATION

Any third-party content, data, information, or publications made available through the Software are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), Enterprise Partner(s), and not of Flourishing Capital. FLOURISHING CAPITAL DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

10. WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. FLOURISHING CAPITAL, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.

FLOURISHING CAPITAL PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY DEFECTS WILL BE CORRECTED.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOURISHING CAPITAL, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLOURISHING CAPITAL AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.

FLOURISHING CAPITAL’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO $100.00.

THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

12. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Flourishing Capital, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Use or your use of the Software, including, but not limited to, your submissions, Third Party Platforms, any use of the Content, services, and products other than as expressly authorized in these Terms of Use.

13. TERM, TERMINATION AND CANCELLATION

The term of your paid subscription and the license granted hereunder will remain in effect until terminated by either you or Flourishing Capital. We may terminate your use of the Software and/or access to the Contents, APIs, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

If Flourishing Capital detects unauthorized or suspicious actions with your Client Account, it may be temporarily blocked until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out. A Client Account can also be terminated if you do not provide the required clarifications within the time requested.

If you want to terminate your Client Account, you may do so by closing your Client Account, where we have made this option available to you. Your Client Account will be closed within thirty (30) days provided that: (i) any disputes in which you have been involved have been satisfactorily resolved; and (ii) you have completed any other obligation(s) associated with your use of the Software.

When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and Flourishing Capital have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such.

14. GENERAL

These Terms of Use, including the Privacy Policy and any other URL incorporated by reference in these Terms of Use constitute the entire agreement between you and Flourishing Capital relating to your use and our provision of the Software.
The parties agree that if a party does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the party.
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The parties hereto confirm that they have requested that these Terms of Use and all related documents be drafted in English. Any translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties.
No e-mail address found on the Software may be harvested or otherwise used on your part for purposes of solicitation.
These Terms of Use will be governed by and construed in accordance with the laws of Wyoming and the federal laws of the United States applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Wyoming or any other jurisdiction) and notwithstanding your domicile, residence or physical location. Any action or proceeding arising out of or relating to the Software or these Terms of Use will be instituted in the courts of Wyoming and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this subsection) is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
Notices. To You. We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Software. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check for incoming messages regularly. To Us. To give us notice under these Terms of Use, you must contact us by email at hello@flourishingcapital.io
To request the consent of Flourishing Capital for any of the actions for which such consent is required under these Terms of Use, please send an email to info@flourishingcapital.io. Flourishing Capital reserves the right to refuse any such requests in its sole discretion.