Terms and Conditions

1. Introduction and Acceptance

1.1 Effective Date

This Agreement becomes effective when you click “Agree” (or a similar affirmation) on BUDa’s website or application, or when you first access or use the Service, whichever occurs first.

1.2 Acceptance

BUDa is offered to you conditioned on your acceptance of these terms and conditions. Your use of the Service constitutes your agreement to all terms, conditions, and notices herein; your agreement to be bound by and comply with this Agreement; and your consent to the practices described in our Privacy Policy, which is incorporated into this Agreement by reference. If you do not agree, you are not authorized to use BUDa or its Services.

2. Definitions

For purposes of this Agreement:

• “Agreement” means this Subscriber Agreement, together with any order or subscription terms presented at checkout and the Privacy Policy.
• “Information” means data, analytics, scores, reports, and other content provided through the Service.
• “Information Providers” means third-party sources of Information distributed via the Service.
• “Intellectual Property” means trademarks, service marks, trade names, corporate names, and proprietary information originating from BUDa or the Information Providers.
• “BUDa Software” means software proprietary to BUDa or its third-party suppliers.
• “Privacy Policy” means BUDa’s Privacy Policy, as updated from time to time, which describes how we collect, use, and disclose personal information.
• “Person” means any natural person, proprietorship, corporation, partnership, or other entity.
• “Subscriber” or “you” means the individual or entity accessing the Service under this Agreement.
• “User Content” means any data, inputs, portfolios, watchlists, or other materials you submit to or generate within the Service.

3. The Service

BUDa provides financial risk-analysis tools designed to surface potential financial risks in publicly traded companies, presenting institutional-grade analysis in an accessible format for self-directed investors. The Service may include analytics, scores, reports, alerts, and related features. The Information and Service are provided for informational and educational purposes only and do not constitute investment, financial, legal, or tax advice (see Section 10.2).

3.1 System Requirements

You are responsible for obtaining and maintaining the communication lines, internet connections, devices, and software necessary to access and interface with the Service.

3.2 Service Modifications

BUDa may, in its sole discretion, modify, enhance, suspend, or discontinue the Information or the Service, in whole or in part, with or without notice, regardless of whether such modifications require changes to your equipment.

3.3 Evolving Service

The Service is under active development. Features, data coverage, and analytical methodologies may change over time as the Service evolves.

4. Eligibility and Accounts

4.1 Eligibility

The Service is intended for individuals who are at least eighteen (18) years of age and able to form a binding contract. By using the Service, you represent and warrant that you meet these requirements.

4.2 Registration and Subscriber Information

You agree to provide accurate, current, and complete information as requested during registration and as otherwise requested by BUDa or the Information Providers, and to keep such information up to date. Failure to promptly provide requested information may result in suspension or termination of access to the Service.

4.3 Account Security

You are responsible for: maintaining the confidentiality of your account credentials and password; immediately notifying BUDa of any unauthorized use of your account; all usage and activity occurring under your account, including by authorized third parties; and deleting all cookies, cached files, and software files obtained through the Service if you transfer or dispose of your device or computer system.

4.4 Account Sharing Prohibition

You may not share your BUDa username and/or password with any third party. BUDa reserves the right to limit access to one user session at a time and to suspend, cancel, or deny access to any Subscriber who shares an account.

5. Intellectual Property Rights

5.1 Ownership of Software

BUDa and its third-party suppliers retain all title, ownership, copyright, and intellectual property rights in and to the BUDa Software and the Service. Your receipt of the Service does not constitute a sale of the BUDa Software or any Information. You agree not to copy, alter, modify, decompile, disassemble, reverse engineer, or create derivative works from the BUDa Software, except to the extent expressly permitted by applicable law.

5.2 Proprietary Rights

BUDa and the Information Providers have proprietary rights in their respective trademarks, service marks, trade names, and in the Information that originates from them. You agree not to infringe upon these rights or to alter, remove, or obscure any proprietary or copyright notices.

5.3 Third-Party Beneficiaries

The Information Providers have the right to enforce the provisions of this Agreement that relate to their Information and are intended to be third-party beneficiaries of those provisions.

5.4 Feedback

If you provide suggestions, ideas, or feedback regarding the Service, you grant BUDa a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback without restriction or obligation to you.

6. User Responsibilities and Acceptable Use

6.1 Authorized Use of Information

You may use the Information solely for your own personal, non-commercial purposes and in accordance with this Agreement. You agree not to:

• Retransmit, redistribute, or reprocess the Information, in whole or in part;
• Transmit, divulge, or publish the Information to any Person; or
• Create financial instruments, indices, or investment products based on any Information or index published by BUDa or its suppliers without a separate written agreement.

6.2 Subscriber Code of Conduct

You may use the Service for lawful purposes only. You agree not to post, upload, email, transmit, distribute, or otherwise make available through the Service any material that:

• Violates applicable laws or regulations;
• Restricts or inhibits other users from using the Service;
• Is unlawful, threatening, abusive, harassing, defamatory, obscene, or indecent;
• Contains viruses, malware, or other harmful components; or
• Infringes or violates the rights of others.

You further agree not to alter or damage material appearing on BUDa; disrupt the normal flow of communication or the operation of the Service; misrepresent your affiliation with any person or organization; or violate any policy of your internet access provider. BUDa reserves the right to edit, block, or remove any content that violates this Code of Conduct or is otherwise objectionable, and to restrict or terminate access accordingly.

6.3 Compliance with Laws

You represent and warrant that you are not engaged in any unlawful transaction or business, and you agree not to use the Information or Service for any purpose not authorized by this Agreement or in any manner that does not comply with applicable laws and regulations.

7. Subscription and Payment Terms

7.1 Subscription Fees

Subscription fees are set forth on BUDa’s website or within the application and may be amended at BUDa’s discretion. Except as otherwise stated, fees are payable in advance on a monthly or annual basis.

7.2 Payment Methods

BUDa accepts the payment methods identified at checkout, which may include credit card and other electronic payment methods for monthly and annual subscriptions, and check, ACH, or wire transfer for annual subscriptions and non-individual corporate clients. Payment card processing is performed by third-party payment processors, and your use of those services may be subject to their terms.

7.3 Automatic Renewal and Payments

Unless you cancel in accordance with Section 7.4, you authorize BUDa (and its payment processors) to charge your selected payment method, on a recurring basis and in advance, for all applicable fees. Subscriptions automatically renew for successive periods equal to your initial subscription term.

7.4 Cancellation

You may cancel your subscription in accordance with the instructions provided on the website or within the application. Cancellations are subject to a thirty (30) day notice period and take effect at the end of the then-current billing period. Except where required by law, fees already paid are non-refundable.

7.5 Taxes

Fees are exclusive of applicable taxes. You are responsible for all sales, use, value-added, and other taxes associated with your subscription, other than taxes based on BUDa’s net income.

8. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy describes how we collect, use, store, share, and protect personal information in connection with the Service, including the categories of information we collect — such as your name, email address, company, occupation, fields of interest, country of residence, language and timezone preferences, IP address, notification and payment preferences, and the portfolio, funds, and watchlist information you provide. By using the Service, you acknowledge and consent to the collection, use, and disclosure of your information as described in the Privacy Policy, which is incorporated into this Agreement by reference.

9. Term and Termination

9.1 Term

This Agreement commences on the date you accept it (by clicking “Agree” or first using the Service) and continues for your selected subscription term (the “Initial Term”). Thereafter, the Agreement automatically renews for successive periods (each, a “Renewal Term”) unless either party provides notice of termination at least thirty (30) days before the start of the next Renewal Term, or as otherwise provided in Section 7.4.

9.2 Default by Subscriber

If BUDa determines that you are not in compliance with this Agreement, that any of your representations are untrue, or that a bankruptcy petition or similar proceeding has been filed by or against you, BUDa may immediately suspend or terminate this Agreement and your access to the Service, without notice, and pursue any other available remedies.

9.3 Default by BUDa

If BUDa materially breaches this Agreement and such breach continues unremedied for fifteen (15) days after written notice from you, you may terminate this Agreement or pursue other available remedies; provided that BUDa shall not be deemed in default if it is diligently pursuing remedial action.

9.4 Effect of Termination

Upon termination, your right to access and use the Service ceases immediately. The Sections identified in Section 11.8 (Survival) survive termination of this Agreement.

10. Disclaimers and Limitations

10.1 No Endorsement

Neither BUDa nor any part of the Service is sponsored or endorsed by any Information Provider. Links to third-party websites are provided for convenience only and do not imply endorsement.

10.2 No Investment Advice

BUDa is not a registered investment adviser, broker-dealer, or financial planner, and does not provide investment, financial, legal, accounting, or tax advice. The Information and Services — including any scores, analytics, reports, alerts, or other outputs — are provided for informational and educational purposes only and do not constitute a recommendation, offer, or solicitation to buy, sell, or hold any security or to adopt any investment strategy. Automated analytics and model outputs may contain errors and are based on historical and third-party data. Past performance is not indicative of future results. You are solely responsible for your own investment decisions and should consult a licensed financial professional before making any investment decision. Any reliance you place on the Information is strictly at your own risk.

10.3 No Warranties

BUDa provides the Service and Information on an “as is” and “as available” basis and as promptly and accurately as reasonably practicable, but MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

10.4 Limitation of Liability

Neither BUDa nor the Information Providers shall be liable for any errors, inaccuracies, or omissions in the Service or Information; any delays or interruptions in transmission; or any Claims or Losses arising therefrom. “Claims or Losses” means all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, and expenses of any nature. UNDER NO CIRCUMSTANCES SHALL BUDA OR THE INFORMATION PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUDa’s maximum aggregate liability is limited to: (a) if you continue to receive Information, a one-month credit of amounts paid by you; or (b) if you no longer receive Information, a refund of amounts due for the period at issue.

10.5 Indemnification

You agree to indemnify and hold harmless BUDa, the Information Providers, and their respective officers, directors, partners, employees, and agents from and against any Claims or Losses resulting from your non-compliance with this Agreement or breach of your representations and warranties.

10.6 Force Majeure

Neither party shall be liable for any delay or failure to perform due to circumstances beyond its reasonable control, including acts of God, government actions, war, terrorism, civil unrest, natural disasters, utility or network failures, labor disputes, or equipment failures.

11. General Provisions

11.1 Assignment

This Agreement binds the parties and their permitted successors and assigns. You may not assign this Agreement without BUDa’s prior written consent. BUDa may assign this Agreement to an affiliate, subsidiary, or successor entity in connection with a merger, acquisition, reorganization, or sale of assets.

11.2 Amendment

BUDa reserves the right to change the terms of this Agreement from time to time. We will post the updated terms with a revised effective date, and your continued use of the Service after such changes take effect constitutes acceptance. No amendment proposed by you is binding on BUDa unless agreed in writing by an authorized officer of BUDa.

11.3 Waiver and Good Faith

No failure or delay by either party in exercising any right under this Agreement constitutes a waiver of that right. The parties shall act reasonably and in good faith in granting or withholding any consents under this Agreement.

11.4 Entire Agreement

This Agreement, together with the Privacy Policy and any order or subscription terms presented at checkout, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior communications and understandings.

11.5 Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of New York, without regard to its conflict-of-law provisions. Except where prohibited by applicable law, you agree to submit any dispute arising out of or relating to this Agreement to binding arbitration administered by the American Arbitration Association under its applicable rules, seated in New York City. YOU AGREE TO: (i) RESOLVE DISPUTES BY BINDING ARBITRATION; (ii) WAIVE YOUR RIGHT TO A JURY TRIAL; (iii) WAIVE YOUR RIGHT TO PARTICIPATE OR SERVE AS A REPRESENTATIVE IN A CLASS ACTION; AND (iv) FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER IT ARISES, OR IT IS FOREVER BARRED.

11.6 Notices

Notices must be in writing and delivered by personal delivery, email, or mail to the appropriate address. Notices to BUDa must be sent to: BUD Analytics Ltd, 4 Hanamal Str., Haifa, Israel 3300801, or help@bud-analytics.com. Notices to you will be sent to the email address associated with your account.

11.7 Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

11.8 Survival

Sections 5 (Intellectual Property Rights), 6 (User Responsibilities and Acceptable Use), 8 (Privacy and Data Protection), 10 (Disclaimers and Limitations), and 11 (General Provisions) survive termination of this Agreement.