This Terms of Service Agreement ("Agreement") governs your access to and use of the NovionSocial platform (the "Platform") operated by Novion Social Inc. ("NovionSocial," "Company," "we," "us," or "our").
By accessing or using the Platform, creating an account, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be legally bound by this Agreement.
1. Eligibility and Legal Capacity
1.1 Minimum Age Requirement
You must be at least eighteen (18) years of age to access or use the Platform. By using the Platform, you represent and warrant that you meet this requirement.
1.2 Legal Authority
You represent that you have the legal capacity to enter into a binding agreement. If you are using the Platform on behalf of an entity, you represent that you are authorized to bind that entity.
1.3 Compliance with Laws
You agree to comply with all applicable laws, regulations, and rules in connection with your use of the Platform.
2. Account Registration and Responsibilities
2.1 Account Creation
To access certain features, you must create an account and provide accurate, complete, and current information. You agree to maintain and update your information as necessary.
Account registration and authentication may be facilitated through third-party authentication providers, including Google Sign-In and Sign in with Apple.
2.2 Credential Security
You are responsible for safeguarding your login credentials and any authentication methods associated with your account. You must not share your credentials or allow unauthorized access.
2.3 Responsibility for Account Activity
You are fully responsible for all activity conducted through your account, whether authorized or unauthorized.
2.4 Unauthorized Access Notification
You agree to notify NovionSocial immediately if you suspect unauthorized use, security breaches, or compromise of your account.
2.5 Account Suspension
We reserve the right to suspend or restrict accounts that are suspected of unauthorized use, fraud, or violations of this Agreement.
3. Acceptable Use and Restrictions
3.1 Lawful Use Requirement
You agree to use the Platform solely for lawful purposes and in compliance with this Agreement.
3.2 Prohibited Activities
You shall not, directly or indirectly:
- Reverse engineer, decompile, or attempt to extract Platform source code or AI systems
- Scrape, harvest, or systematically extract data, including AI outputs
- Use bots, automation, or scripts without authorization
- Disseminate false, misleading, or manipulative financial information
- Attempt to manipulate markets or influence financial behavior at scale
- Interfere with system integrity, availability, or performance
- Circumvent security safeguards, rate limits, or restrictions
3.3 Enforcement Rights
We may investigate violations and take enforcement action, including suspension, termination, or legal proceedings.
The Platform may use automated moderation technologies, including OpenAI's Moderation API, to evaluate posts, comments, images, and profile content for potential violations of this Agreement or applicable laws.
We reserve the right to review, restrict, remove, or otherwise moderate content identified as potentially harmful, misleading, unlawful, or inconsistent with Platform policies.
Automated moderation systems may produce inaccurate results, and NovionSocial does not guarantee the identification or removal of all prohibited content.
4. Intellectual Property and User Content
4.1 Platform Ownership
All intellectual property rights in the Platform, including software, algorithms, AI systems, and design, are owned by NovionSocial or its licensors.
4.2 User Content Ownership
You retain ownership of any content you submit to the Platform.
4.3 License Grant to Company
You grant NovionSocial a limited, non-exclusive, worldwide, royalty-free license to use your content solely for:
- Operating and maintaining the Platform
- Improving functionality and user experience
- Security, fraud prevention, and compliance
- Processing content through authorized third-party service providers for content moderation and enforcement of Platform policies
4.4 Financial Data Protection
Financial and portfolio data will not be used for AI model training, external commercialization, or unrelated purposes.
5. Third-Party Services and Dependencies
5.1 Integrated Services
The Platform relies on third-party providers, including:
- Supabase (database, authentication, infrastructure)
- PostHog (analytics and monitoring)
- Sentry (error tracking)
- Twelve Data (market data)
- Stock News API (news content)
- Unusual Whales (financial market intelligence, unusual options activity, political trading disclosures, ETF flows, and other market information)
- Google (authentication via Google Sign-In)
- Apple (authentication via Sign in with Apple)
- OpenAI (AI processing, market analysis, and content moderation)
Unusual Whales provides financial and market information to NovionSocial. NovionSocial does not transmit user personal information to Unusual Whales.
5.2 No Responsibility for Third Parties
We do not control and are not responsible for the availability, accuracy, or data practices of third-party services.
5.3 Risk Acknowledgment
Your use of third-party integrations is at your own risk.
6. Payments, Billing, and Subscriptions
6.1 Payment Obligations
You agree to pay all applicable fees, charges, and taxes associated with your use of paid features.
6.2 Subscription Renewal
Subscriptions may renew automatically unless canceled prior to renewal.
6.3 Pricing Changes
We reserve the right to modify pricing or features with reasonable notice.
6.4 No Financial Guarantees
No paid feature guarantees financial performance, investment returns, or profitability.
7. Termination and Suspension
7.1 Termination Rights
We may suspend or terminate your access at any time if:
- You violate this Agreement
- Your activity poses legal, financial, or security risks
- Required by law or regulatory authorities
7.2 Effect of Termination
Upon termination, your access to the Platform will be revoked immediately.
7.3 Data Handling After Termination
Your data will be retained, deleted, or anonymized in accordance with the Privacy Policy.
7.4 Survival of Terms
Provisions relating to liability, indemnification, intellectual property, and dispute resolution will survive termination.
8. Modifications to Agreement
8.1 General Updates
We may update this Agreement at any time to reflect changes in the Platform, legal requirements, or business practices.
8.2 Material Changes
Where changes materially affect your rights or obligations, we will provide reasonable notice. Where required by law, including under Quebec Law 25, we will provide direct notice (such as email).
8.3 Continued Use
Continued use of the Platform after updates constitutes acceptance of the revised Agreement.
9. Risk Acknowledgment and Financial Disclaimer
9.1 Market Risk
You acknowledge that financial markets are volatile and unpredictable and that you may lose some or all of your invested capital.
9.2 Informational Nature of Platform
The Platform provides general, informational, and algorithmically generated insights only.
Certain features, including the Trump Tracker, automated news markers, and other market intelligence tools, may analyze publicly available statements, financial news, economic developments, and market information to identify events that may be relevant to financial markets.
Such analysis, classifications, and markers are informational only and do not constitute verified trading signals, investment recommendations, or guarantees of market movements.
Market intelligence derived from third-party providers, including Unusual Whales, may be delayed, incomplete, inaccurate, or subject to revisions and does not constitute investment advice or a recommendation to trade.
9.3 No Advisory Relationship
NovionSocial is not a registered investment advisor, broker-dealer, or financial planner and does not provide personalized investment advice.
TradeMind is designed to provide objective, informational analysis of financial data, market conditions, and securities. TradeMind does not provide personalized investment recommendations, instructions to buy or sell securities, or guarantees regarding future financial performance.
9.4 User Responsibility
All decisions made based on Platform content are solely your responsibility. You agree not to rely exclusively on Platform outputs.
Automated news classifications, relevance assessments, and market intelligence features may contain errors, omissions, delays, or inaccurate interpretations. You are responsible for independently evaluating information before making financial decisions.
10. Limitation of Liability
10.1 General Limitation
To the maximum extent permitted by law, NovionSocial shall not be liable for any indirect, incidental, consequential, or financial damages.
10.2 Specific Exclusions
This includes, but is not limited to:
- Investment or trading losses
- Loss of profits or opportunities
- Errors or inaccuracies in AI outputs
- Errors, omissions, delays, or inaccurate classifications in automated market intelligence features
- Platform outages or technical failures
- Reliance on third-party or user-generated content
- Errors or inaccuracies in automated content moderation systems
10.3 Maximum Liability Cap
Where liability cannot be excluded, it shall be limited to the amount paid by you to NovionSocial in the preceding twelve (12) months.
11. Indemnification
You agree to defend, indemnify, and hold harmless NovionSocial from any claims, damages, liabilities, and expenses arising from:
- Your use or misuse of the Platform
- Your violation of this Agreement
- Your financial decisions or transactions
- Content you submit or share
12. Disclaimer of Warranties
The Platform is provided "as is" and "as available" without warranties of any kind, including:
- Accuracy or completeness
- Reliability or availability
- Fitness for a particular purpose
13. Governing Law and Dispute Resolution
13.1 Governing Law
This Agreement is governed by the laws of Ontario and Canada.
13.2 Informal Resolution
You agree to attempt to resolve disputes informally by contacting us before initiating formal proceedings.
13.3 Binding Arbitration
Disputes shall be resolved by binding arbitration administered by the ADR Institute of Canada (ADRIC) in accordance with its applicable rules.
13.4 Class Action Waiver
You agree to bring claims only in your individual capacity and waive participation in class actions where permitted by law.
13.5 Small Claims Exception
You may bring claims in small claims court where applicable.
14. Contact Information
If you have questions or concerns regarding this Agreement:
Email: Legal@novionsocial.com
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