Terms of Service

Welcome to StockPick, which is provided by StockPick Technologies Inc. (“StockPick”, “we”, “us” and terms of similar meaning). You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the StockPick mobile apps (the “App”), the StockPick Website available at www.stockpick.app (the “Website”), and any related products, services and content, including the StockPick Content, offered by StockPick (collectively, the “Services”).

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors. In these terms, we describe users of the Services, whether registered or not, as “Users”.

These Terms apply whether you are a User that registers for an account with the Services or an unregistered user accessing the Services through the application, website or service of one of our third-party partners (a “Third-Party Partner”). Please read these Terms carefully before using the Services. By accessing, using or browsing the Services, you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards. If you do not agree with these Terms in their entirety, you may not use the Services.

1. StockPick Services

   Our Services. You can use the Services via the App, the Website or through a Third-Party Partner. Certain functions are available only in the App. The Services allow you to (a) create, publish and share investment-related content through short-form videos; (b) view investment-related content created by other Users and by StockPick and its licensors; and (c) interact with such content and with other Users. As such, you acknowledge that we do not provide or endorse content created, published and/or shared by Users or otherwise on the Services and that all such content is provided by Users who are independent of and are not employed or engaged by us or any of our affiliates.

   Paid Services. StockPick also allows access to certain premium features and content in exchange for subscription fees or if you are accessing the Services through a Third-Party Partner (the “Paid Services”). The Paid Services include subscriptions for viewing investment-related StockPick Content, and other services that StockPick may offer.

   Third-Party Partners. Some Services may be offered through the applications, websites or services of Third-Party Partners in conjunction with the provision of such Third-Party Partner own products and services. We are not responsible for the products and services provided by such Third-Party Partners and your use of their applications may be subject to additional terms, conditions and policies provided to you by the applicable Third-Party Partner. Any use of the Services made available through a Third-Party Partner will be governed by these Terms.

   Age Requirements. The Services are not intended to be used by children. You must be at least eighteen (18) years of age at the time you are using the Services.

2. User Accounts; Registration Data; Account Security

   User Account. In order to access and use the Services, you may need to register for an account through our App or Website ( “User Account”). When and upon registering for a User Account, you agree to (i) provide accurate, current and complete information as may be prompted through online accounts you may have with third party or social media services (such as Google or Apple Sign-In) or by any registration forms available through the Services ( “Registration Data”); (ii) maintain the security of your password; (iii) maintain and promptly update the Registration Data, and any other information you provide to StockPick, and to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information or material you provide to StockPick. We will not be liable for any loss or damage from your failure to comply with this obligation. You may not allow other persons to use your User Account and you agree that you are the sole authorized user of your User Account. You shall at all times be responsible and liable (to us and to others) for all actions conducted through and related to your User Account.

   Disabling your User Account. We reserve the right to disable your User Account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your User Account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.

   Signing-In Through Third-Parties. We may permit you to register for and log on to the Services via certain third-party services (such as Google or Apple Sign-In). The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how StockPick collects, uses, and discloses your personal information when you link your User Account with your account on any third-party service can be found in our Privacy Policy.

3. Privacy Policy

   Your Information. Your access to and use of our Services is also subject to our Privacy Policy, the terms of which can be found directly on our App or Website and are incorporated herein by reference. By using the Services, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

4. Your License to Use the Services; License Restrictions

   License to Use the Service. Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the App on a permitted device, and to access the StockPick Content (as defined below) through your use of the Services (the “License”). You acknowledge and agree that we may terminate this license at any time for any reason or no reason.

   License Restrictions. Such License is subject to these Terms. Specifically, you may not:

   1. make or distribute unauthorized copies of the Services or any StockPick Content included therein;
   2. alter, merge or translate the Services, or decompile, reverse engineer, disassemble, or otherwise reduce the Services to a human-perceivable form;
   3. modify or create derivative works based on the Services or any StockPick Content;
   4. incorporate the Services or any portion thereof into any other program or product;
   5. remove or modify any copyright, trademark or other proprietary notices that have been placed in the Services or any StockPick Content;
   6. use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
   7. interfere with or attempt to interfere with the proper working of the Services, disrupt our Website, the App or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
   8. use automated scripts to collect information from or otherwise interact with the Services;
   9. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from StockPick;
   10. download any User Content available on the Services, including your own User Content, or any StockPick Content;
   11. circumvent, reverse engineer, modify, disable, or otherwise tamper with any security technology that StockPick uses to protect the Paid Services or encourage or help anyone else to do so; and
   12. use any Paid Service, in whole or in part, in connection with any public presentation even if no fee is charged.

   You represent and warrant that your use of the Services will be consistent with this License and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

5. StockPick Content

   As between you and StockPick, all content (except for User Content), software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “StockPick Content”) are the property of StockPick or its licensors, and are protected by Canadian and international copyright laws, and all rights to the App, the Website and to the StockPick Content are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any cryptocurrencies, NFTs, securities, stock, or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by StockPick. Use of the StockPick Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. The StockPick Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent.

6. User Content

   Users of the Services may be permitted to create, upload, post, transmit or otherwise make available investment-related content through the Services including, without limitation, any text, photographs, videos, presentations, sound recordings and other data uploaded by a User to the Services ( “User Content”). Users of the Services may also create User Content using features and services offered by StockPick from time to time (“StockPick Features”) and transmit this User Content through the Services.

   Ownership of the User Content and Your License of Your User Content to Us. We do not claim any ownership interest in your User Content, but by submitting User Content via the Services, you hereby grant us an irrevocable, non- exclusive, royalty-free, fully transferable, fully-sublicensable, worldwide license to (a) use the User Content (including to reproduce, distribute, modify, make derivative works of, combine with other materials (e.g. curating a collection of videos to display within the Services), display, publish and/or transmit it) in connection with the Services and StockPick’s (and its successors and affiliates) business, including for the purpose of promoting StockPick and the Services in any form, format, media, or media channels now known or later developed or discovered (e.g. we may post your User Content or a portion thereof, including derivative works, on our profile on the Services and/or on platforms hosted by third parties for the purposes of advertising the Services); and (b) authorize other Users of the Services to view, access, use, download, modify, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that StockPick and its sub-licensees are allowed to use them to the extent indicated in these Terms. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.

   Terminating this License. You can terminate the license granted by you under this Section 6 for specific User Content by deleting such User Content from the Services, or generally by closing your User Account, except (a) to the extent other Users have copied, re-shared, or stored your User Content; (b) for the reasonable time it takes to remove from backup and other systems; and (c) to the extent your User Content or portion of your User Content was included in any promotional or marketing materials of StockPick.

   Right to Monetize and Advertising. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions and usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. We will not include your User Content in advertisements for the products and services of third parties to others without your separate consent. However, we have the right, without payment to you or others, to serve ads near your User Content.

   Removing your Content. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your User Content does not comply with the User Content Guidelines set out at Section 7 below. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other Users or third parties, with or without notice and without any liability to you.

   Disclosing your User Content. We also reserve the right, at all times and in our sole discretion, to disclose any User Content and other related information for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce these Terms; (c) to protect our legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.

7. User Content Guidelines

   Whenever you access or use a feature that allows you to upload or transmit User Content through the Services, or to make contact with other Users of the Services, you must comply with the User Content Guidelines set out in this Section 7.

   Uploading User Content to Other Platforms. You may also choose to share your User Content, including User Content that includes StockPick Features, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with these Terms, including the User Content Guidelines. You warrant that any such uploads will comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

   Non-Confidentiality. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Services.

   Guidelines. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish on or through the Services any User Content that:

   1. you did not create or have permission to post;
   2. is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in our sole opinion;
   3. infringes any patent, trademark, trade secret, copyright or other right of any other person or entity;
   4. violates these Terms or that would otherwise create liability or violate any statutes, rules, regulations, orders or other governmental acts of any jurisdiction, whether foreign or domestic, including, without limitation, the rules and regulations of provincial, national and international Securities and Exchange Commissions and securities exchanges (including, without limitation, rules against making false or misleading statements to manipulate the price of any security);
   5. contains any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   6. you know is false, misleading, untruthful or inaccurate;
   7. we determine in our sole opinion is intended to “spam” or “phish” from other Users, or that harvests or otherwise collects information about Users without their consent;
   8. attempts to impersonate any other party;
   9. contains private information of any third party, including without limitation, anyone’s identification documents or sensitive financial information, unless that third party has expressly consented to such use;
   10. is unrelated to investments and/or the use of the Services;
   11. contains viruses, corrupted data or other harmful, disruptive or destructive files;
   12. incorporates advertisements, endorsements, or promotions not specifically authorized by StockPick in advance (e.g. if you have been paid or otherwise compensated in exchange for discussing or promoting a certain investment through the Services);
   13. we determine in our sole opinion is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose StockPick or its affiliates or its Users to any harm or liability of any type.
8. Payment

   To purchase Paid Services or to participate in free trial offers related to the Paid Services, you must have a valid, accepted payment method on file. You agree to pay for any Paid Service that you order. StockPick will charge your payment method for the specified price of the relevant Paid Service. If StockPick is required to collect or pay any taxes in connection with your purchase of a Paid Service, such taxes will be charged to you at the time of each purchase transaction. If you purchase a Paid Service with automatic renewals, you agree that StockPick will charge the payment method on file on the first day of each billing period for the subscription, and if the payment method on file becomes invalid due to an expired credit card or other reason, and StockPick is unable to charge you on the next billing period, you may not be able to access the applicable Paid Service until you update your payment method. If you fail to update your payment method within a reasonable time after receiving the notice, StockPick reserves the right to cancel your subscription. Payments for Paid Services will be made using a pre-authorized third-party payments service provider, which will charge your payment method and be responsible for managing any issues with your payment, including any applicable refunds. You agree to read, accept, and comply with any terms of service of such third-party payment provider selected by StockPick from time to time.

9. Free Trial

   StockPick may offer free trials for a Paid Service from time to time. If you purchase a subscription to a Paid Service that includes a free trial, you will receive access to that Paid Service for the duration of the free trial period. At the end of the free trial period, you will be automatically charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel your subscription before the end of the free trial period.

10. Discounts

    StockPick may offer discounts for Paid Services from time to time. Additional terms and conditions, including eligibility criteria, may apply to such plans and any such additional terms will be made available to you prior to purchase.

11. Changes to Subscription Fees

    Subscription fees for Paid Services may change from time to time, at StockPick’s sole discretion. Any changes to the subscription fees for Paid Services will only apply following reasonable notice to you in accordance with Section 22.If we notify you of a price change for a Paid Service and you do not want to continue subscribing to that Paid Service at the new fees, you can cancel the Paid Service before the start of the next billing period in which the new subscription fee applies.

12. Cancellations

    If you subscribe to a Paid Service with automatic renewals, you may cancel your subscription and such cancellation will take effect at the end of the current billing period. You will continue to have access to the Paid Service from the time you cancel until the start of the next billing period. No refunds or credits will be provided for any unused days within your ongoing billing period.

13. Feedback

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Feedback”), provided by you to us are non-confidential and shall become the sole property of StockPick. StockPick shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

14. Links to Other Sites, Linking and Framing

    The Services may contain links to third party Web sites (“Third Party Sites”) and third party content (“Third-Party Content”)as a service to those interested in this information. You use links to Third Party Sites, and any Third-Party Content or service provided there at your own risk. StockPick does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third- Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

15. Advertising

    As part of the Services, we may include advertisements provided by StockPick and/or a third party, which may be targeted to the User Content or information on the Services, queries made through the Service, or other information. The types and extent of advertising on the Service are subject to change. In consideration for StockPick granting you access to and use of the Services, you agree that StockPick and its third-party providers and Third-Party Partners may place such advertising on the Services or in connection with the display of User Content or information from the Service whether submitted by you or other Users. Third party advertisers and sponsors are responsible for ensuring that material submitted for inclusion in advertisements on the Services is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

16. Warranty Disclaimer

    THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM STOCKPICK OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER CONTENT. STOCKPICK CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.

    IN ADDITION TO THE DISCLAIMERS SET OUT UNDER SECTIONS 17 AND 18 BELOW, STOCKPICK DOES NOT REPRESENT OR WARRANT THAT ANY STOCKPICK CONTENT OR USER CONTENT IS ACCURATE, COMPLETE, UP TO DATE, RELIABLE, CURRENT OR ERROR-FREE. THE INFORMATION AND MATERIALS IN THE USER CONTENT, INCLUDING USER CONTENT CONTAINING STOCKPICK FEATURES, HAVE NOT BEEN VERIFIED OR APPROVED BY US, AND UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S USE OF THE SERVICES OR ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES OR TRANSMITTED TO OR BY USERS, OR ANY INTERACTIONS BETWEEN USERS, WHETHER ONLINE OR OFFLINE. THE VIEWS EXPRESSED BY USERS ON THE SERVICES DO NOT REPRESENT OUR VIEWS OR VALUES. YOU ACKNOWLEDGE THAT WE HAVE NO OBLIGATION TO PRE-SCREEN, MONITOR, REVIEW, OR EDIT ANY CONTENT POSTED BY YOU AND OTHER USERS ON THE SERVICES (INCLUDING USER CONTENT). STOCKPICK MAKES NO REPRESENTATION OR ASSUME ANY RESPONIBILITY FOR ANY THIRD-PARTY PARTNER APPLICATIONS (OR THE CONTENT THEREOF), OR FOR ANY STATEMENTS OR REPRESENTATIONS INCLUDED IN THE USER CONTENT OR IN THE STOCKPICK CONTENT. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE APP, THE WEBSITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, THESE TERMS DO NOT CREATE ANY PRIVATE RIGHT OF ACTION ON THE PART OF ANY THIRD PARTY OR ANY REASONABLE EXPECTATION THAT THE SERVICES WILL NOT CONTAIN ANY USER CONTENT THAT IS PROHIBITED BY THE USER CONTENT GUIDELINES.

17. No Investment Recommendations or Professional Advice

    You acknowledge and agree that when you view investment-related content on the Services, including User Content and the StockPick Content, you are doing so at your own risk. The purchase and sale of any cryptocurrency, NFT, security or portfolio of securities is inherently risky and can result in immediate and substantial losses of the capital invested. You should only invest risk capital, and not capital required for other purposes.

    Any content on our Services, including User Content and the StockPick Content, is provided for general information and entertainment only. It is not intended to provide tax, legal, insurance or investment advice. You alone are solely responsible for determining whether the purchase or sale of any cryptocurrency, NFT, security or portfolio of securities is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a lawyer or tax professional regarding your specific legal or tax situation.

18. Securities Disclaimer

    STOCKPICK IS NOT A TAX ADVISOR, BROKER, FINANCIAL ADVISOR OR INVESTMENT ADVISOR. THE SERVICES ARE NOT INTENDED TO PROVIDE TAX, LEGAL, FINANCIAL OR INVESTMENT ADVICE, AND NOTHING ON THE SERVICES SHOULD BE CONSTRUED AS AN OFFER TO SELL, A SOLICITATION OF AN OFFER TO BUY, OR A RECOMMENDATION FOR ANY SECURITY. You understand that no content published on the Services, including User Content and the StockPick Content, constitutes a recommendation that any cryptocurrency, NFT, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of StockPick or other Users are advising you personally concerning the nature, potential, value or suitability of any cryptocurrency, NFT, security, portfolio of securities, transaction, investment strategy, or other matter. To the extent that any of the content published on the Services may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that User Content and the StockPick Content related to any security published on the Services will not contain a list or description of relevant risk factors. You further understand and agree that other Users of the Services or contributors of the StockPick Content may post User Content or StockPick Content about securities in which they or their firms have a position, that they may trade for their own account, that they received compensation to post about, and that they may or may not be subject to a disclosure policy. In addition, please note that some of the securities about which content is published on the Securities have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information.

19. Limitation of Liability; Indemnity

    YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST STOCKPICK, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO ALLEGED INACCURACY OF ANY CONTENT ON THE SERVICES, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SERVICES. YOU USE THE SERVICES AT YOUR OWN RISK.

    WITHOUT LIMITATION OF THE FOREGOING, NEITHER STOCKPICK NOR ANY OTHER RELEASED PARTY SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON THE SERVICES OR OTHER INFORMATION OBTAINED FROM STOCKPICK OR ANY OTHER RELEASED PARTY OR ACCESSIBLE VIA THE SERVICES, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO STOCKPICK OR ANY OTHER RELEASED PARTY'S RECORDS, PROGRAMS OR SERVICES.

    TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

    IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STOCKPICK, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED THE HIGHER OF: (A) THE AMOUNT PAID BY YOU TO STOCKPICK DURING THE SIX MONTHS PRIOR TO THE DATE OF ANY CLAIM; OR (B) CAD $100.00.

    Indemnity. You shall defend, indemnify and hold harmless StockPick and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services, the use of the Services by any person to whom you give access to your User Account, any User Content you post or share on or through the Services or otherwise, including User Content including StockPick Features, or any violation of these Terms or any law, rule, regulation or order, or the rights of any third party.

20. Apple App Use

    The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of the Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and StockPick, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever tofurnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and StockPick acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and StockPick acknowledge that, in the event of any third-party claim that the App or your possession and use of that the App infringes that third party’s intellectual property rights, StockPick, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and StockPick acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

21. Google Play Store App Use

    If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms), and the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of any App that you acquire from Google Play. StockPick and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by StockPick or you (or any other user) under these Terms or the Google Play Terms.

22. Communications

    Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section 24) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to you in the profile area of your account on the Services. Third, we may post the notice elsewhere on the App, the Website or the Services. When we post notices on the App or the Website, we post them in the area suitable to the notice. It is your responsibility to periodically review the App and the Website for notices.

23. Applicable Law and Venue

    The Services are controlled by StockPick and operated by it from its offices in Toronto, Ontario. You and StockPick both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and StockPick explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

    Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Services; or (d) the relationships that result from these Terms or the Services (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against StockPick related to any Claim and, where applicable, you also agree to opt out of any class proceedings against StockPick. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

    To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

    If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify StockPick and the other Released Parties for your failure to comply with any such laws.

24. Termination/Modification of License and Services

    Termination and Suspensions by StockPick. Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services; (c) change, suspend or discontinue any aspect of the Services; and (d) impose limits on the Services.

    Changes to these Terms. We may amend these Terms or any policy or guideline of the Services from time to time and in our sole discretion, for instance when we update the functionality of our Services, or when there are regulatory changes. If we do so, we will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our App or Website, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the App or the Website and your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree with the changes, your only remedy is to cease use of the Services. If you have any questions about the Terms, please email us at the contact address contained in these Terms below.

25. Termination of Agreement

    Termination. You and StockPick may terminate these Terms and your use of the Services at any time.

    Survival. If these Terms expire or terminate for any reason, Sections 2, 3, 6, 8, 16, 19, 23, 24, 25 and 26 and any representation or warranty you make in these Terms, shall also survive indefinitely.

26. Miscellaneous

    If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without our prior written consent, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and StockPick regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and StockPick regarding your use of the Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

27. Questions and Comments

    If you have any questions regarding these Terms or your use of the Services, please contact us here:

    StockPick: support@stockpick.app