(last updated August 12, 2022)
The Sites include information regarding Company, its organization and history, and its services offered to its customers (the “Company Platform”). In the event you have an Account or subscribe to the Company Platform, your subscription and use of the Platform may also be governed by additional separate agreements and policies between you and Company, its affiliates, and other third-party service providers that are established at the time of your Account creation. The Sites are offered and available to users who are 18 years of age or older in the United States.
, which is hereby incorporated by reference. If you use the Sites or our Platform on behalf of an entity or business, you must have authority to bind such party. In such case, the term “you” includes the entity and its authorized agents that use the Sites.
We may change, suspend, modify, or discontinue all or any part of the Sites in our sole discretion with or without notice. We are not liable if for any reason all or any part of a Site is unavailable at any time or for any period. We are not obligated to correct or update any information or content on the Sites. We reserve the right to block or deny access to a Site to anyone at any time for any reason.
DESCRIPTION OF THE COMPANY PLATFORM
The Company Platform is accessible by the Company’s users (“Users”) and the Company’s customers (“Customers”). Users have the ability to access a limited set of features within the Company Platform. In order to become a Customer, an individual must first create accounts with the Company and Wyre Payments, Inc., its affiliates, and partners (“Wyre”) or Fortress Trust Company, its affiliates, and partners (“Fortress”) (together, an “Account”). Upon creation of an Account, Customers have full access to the Company Platform features.
ACCOUNT ACCESS AND SECURITY
You may choose to register and create an Account to access certain content and functionality of the Sites and platform. If you choose to create an Account, you must provide us an email address and password and may be required to provide additional personal information or company information. To protect your Account and the information you provide, you should choose a username and password that is not known to others and is not associated with your personal information. When you create your account, you will create a unique password and may be prompted to create a sign-in name (“Credentials”). Your Credentials can only be used by only one User or Customer.
You are responsible for maintaining the confidentiality of your Account and your Credentials. Any Account you create is personal to you (or your company) and you agree to not allow any other person to use the Account. You agree to notify us immediately if you learn of any unauthorized access to or use of your Account or if your Credentials have been compromised. You may be required to logout from your Account at the end of each session. You should use caution when accessing your Account from a public or shared computer so that others are not able to view your information. We may disable any Account at any time in our sole discretion.
- in any way that violates any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries);
- for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for PII, or otherwise;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation, except as expressly permitted on the Sites;
- to impersonate or attempt to impersonate Company, an employee of Company, another user or any other person or entity; or
- to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm Company or users of the Sites or expose them to liability.
Additionally, you agree not to:
- use the Sites or the Company Platform in any manner that could disable, overburden, damage, or impair the Sites or platform;
- use any manual process or robot, spider or other automatic device, process or means to access, monitor, or copy all or any part of the Sites for any purpose;
- use any device, software or routine that interferes with the proper working of the Sites or our software;
- introduce any viruses, trojan horses, worms, logic bombs or other malicious or harmful material;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites or the COMPANY Platform, the server on which the Sites and platform are stored, or any server, computer or database connected to the Sites or software platform;
- attack the Sites via any denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Sites or our software.
To use the Company Platform, as a Customer, you may be required to pay certain fees, including a monthly subscription or other fee. A subscription can be obtained by accessing your account on the Company Platform and accessing the billing interface. The monthly subscription or other fee may be accessed by visiting the Fees disclosure section of the FAQ
. You agree that any failure to pay the subscription fee or other fee, the Company may suspend your access to the services provided through the Company Platform, terminate your account, downgrade your account, and/or pursue any other rights or remedies available to us at law or in equity. You further agree that any losses as a result of any limitation or loss of functionality as a result of your failure to pay any subscription or other fee is not the responsibility of the Company and the Company does not accept any liability for such losses.
INTELLECTUAL PROPERTY RIGHTS
United States copyright law criminalizes production and dissemination of technology, devices or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of a copyright itself.
All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.
COMMUNICATIONS WITH THE COMPANY
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
Your Accounts are self-directed, and you are solely responsible for any and all orders, transfers, and trades placed. All orders entered by you or on your behalf are unsolicited and based on your investment decisions or the investment decision of your duly authorized representative or agent. By using the Company Platform, you agree and understand the contents of the Customer Agreement and further understand that you have provided various instructions to the Company to take certain actions on your behalf with regards to your self-directed account as described in the Company Agreement.
As such, you agree that neither Company nor any of its employees, principals, agents, representatives, or third-party service providers:
- provide investment advice in connection with your Account;
- recommend any asset, security, transaction or order;
- solicit orders;
- act as a market maker in any asset or security;
- make discretionary trades; and
- produce or provide first-party research providing a specific investment strategies such as buy, sell or hold recommendations, first-party ratings and/or price targets. To the extent research materials or similar information are available through the Sites or the websites and mobile applications of any entity controlled by, controlling, or under common control with Company, you understand that these materials are intended for informational and educational purposes only and they do not constitute a recommendation to enter into any asset or securities transactions or to engage in any investment strategies.
RELIANCE ON INFORMATION POSTED
The Sites may include content provided by third parties, including materials provided by other users, bloggers and third-party service providers and licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person providing those materials. We are not responsible for the content or accuracy of any materials provided by any third parties. We do not warrant the accuracy, completeness or usefulness of any information on the Sites.
LINKS TO EXTERNAL SITES
Further, the Company Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You understand and acknowledge that all purchases, orders and investments involve risk, that losses may exceed the principal invested, and that the past performance of an asset, security, industry, sector, market, or financial product does not guarantee future results or returns.
You understand and acknowledge that Company shall not be not liable for any resulting losses, liabilities, damages, expenses, costs, debts, demands, obligations, penalties, claims, charges, fines, or taxes that may arise from any and all purchases, orders and investments.
You further understand that the Company is not a Financial Industry Regulatory Authority, Inc. (“FINRA”) member or registered representative, nor a broker-dealer registered with the U.S. Securities and Exchange Commission (“SEC”) under the Securities and Exchange Act of 1934, as amended, or engaged in a business that would require it to be so registered, nor is it an affiliate of a broker-dealer or any person engaged in a business that would require it to be registered as a broker-dealer. You also understand that the Company is also not a money transmitter or money services business within the meaning of the Bank Secrecy Act of 1970, as amended, and is not registered with the Financial Crimes Enforcement Network (“FinCEN”) or any other applicable state regulatory agency. As a result, I understand that the Company is not subject to the rules or regulations of the SEC, FINRA, FinCEN, or any other applicable state regulatory agency.
By using the Company’s services and the Company Platform, you do so at your own risk.
ACCOUNT AND SETTINGS DEFAULTS
You understand and acknowledge that your Account comes with many defaulted service instruction features and preferences. You further understand and acknowledge that you are not required to use these defaulted options or preferences and that once your Account is opened, you have the sole discretion to control and adjust such defaulted service preferences that relate to your Account.
You consent to the use of automated systems by Company and its affiliates in conjunction with your Account, including automated order entry and execution, record keeping, reporting and Account reconciliation and risk management systems (collectively, the “Automated Systems” or, individually, an “Automated System”). You understand and acknowledge that the use of Automated Systems entails risks, such as system failures, interruption or delays of service, errors or omissions in information provided, and errors in the design or functioning of such Automated Systems (collectively, the “System Failures” or, individually, a “System Failure”) that could cause substantial damage, expense, or liability to you. I understand and agree that Company will have no liability whatsoever for any of my Losses arising out of or relating to a System Failure. You also agree that Company will have no responsibility or liability to you in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party or any of their respective agents or affiliates. You agree that Company will have no liability, to you or to third parties, or responsibility whatsoever for any losses resulting from a cause over which Company does not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, market data availability or quality, or suspension of trading; and any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that you may incur in connection with your use of the Sites and other services provided by Company.
DISCONTINUATION OF SERVICE
The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Company Platform, at any time and for any reason without prior notice or liability. If you are a Customer then your access to and use of the Company Platform will automatically terminate upon expiration or termination of your Customer Agreement. We reserve the right to change, suspend, or discontinue all or any part of the Company Platform at any time without prior notice or liability.
LEGAL OR TAX ADVICE
You understand and acknowledge that Company does not provide legal or tax advice.
You understand and acknowledge that when you request assistance from Company or its employees by any means in using the services and tools available on the Sites, it will be limited to an explanation of the tool's and/or services’ functionality and, if requested by you, to the entry by Company or its employees of variables provided by you, and that such assistance does not constitute investment advice, an opinion with respect to the suitability of any transaction, or solicitation of any orders.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITES
LINKING TO THE SITES AND SOCIAL MEDIA FEATURES
You may link to our Sites, provided you do so in a way that is legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
ADHERENCE TO PARTNER AGREEMENTS
You understand and acknowledge that Users and Customers, when applicable, must adhere to all applicable terms, conditions, and agreements of all applicable service partners, affiliates, content providers, data providers, or other associated third parties of Company, including, but are not limited to, Wyre Payments, Inc.
and its affiliates & subsidiaries, Fortress Trust Company
and its affiliates & subsidiaries, Plaid Inc.
and its affiliates & subsidiaries, and MX Technologies, Inc.
and its affiliates & subsidiaries.
We are based in the State of Utah in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Company shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond its reasonable control, including but not limited to, significant market volatility, act of God, extreme market volatility, act of civil or military authorities, act of terrorists, pandemic, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond its reasonable control and shall not affect the validity and enforceability of any remaining provisions.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.LIMITATION ON LIABILITY AND TIME TO FILE CLAIMSWE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES.
IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THE SITES, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
DOWNLOADING THE MOBILE APPLICATION
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- In the event of any failure of any 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 and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between the Company and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
GOVERNING LAW AND JURISDICTION
You agree that the federal and state courts located in the of the State of Utah have exclusive jurisdiction over any legal proceedings relating to, arising out of, or connected in any way to your use of the Sites. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY; MISCELLANEOUS
The Company’s failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
, and other policies located at Soon.app/legal constitute the sole and entire agreement between you and us with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Sites. If you purchase the Company Platform, your use of the platform will also be subject to any additional agreement or policy you agree to in connection with such purchase or the platform.
Your Comments and Concerns
The Sites are operated by SAFEHAVEN LABS, Inc., A Delaware Corporation operating in Utah.
All feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: Info@Soon.app