These Terms of Service (“Terms”) constitute a legal agreement between Leadenhall Learning Limited (“Company”, “We”, or “Us”) and you (“You”) governing your access to and use of DaMoney, an AI-powered financial guidance engine. By accessing or using DaMoney, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use DaMoney.DaMoney.
1. Definitions
In these Terms, the following terms shall have the meanings set out below:
- Account Credentials means any username, identification number, password, license or security key, security token, PIN or other security code, method, technology or device used, alone or in combination, to verify an individual’s identity and authorisation to access and use DaMoney.
- AI means artificial intelligence.
- Content means all text, data, information, graphics, audio, video, and other materials provided through DaMoney, excluding User-Generated Content.
- Intellectual Property Rights means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
- Privacy Policy means our policy relating to the collection, use, and disclosure of personal information, as updated from time to time and available on our website.
- Service or Services means DaMoney, an AI-powered financial guidance engine, accessible through various platforms, including websites, applications, and APIs.
- User-Generated Content means any data, information, or content uploaded or provided by You and / or your customers through your use of DaMoney.
2. Description of Service
2.1. DaMoney provides users with AI-driven financial guidance based on Money to the Masses’ (MTTM) library of financial content.
2.2. DaMoney may be accessed through various platforms, including websites, applications, and APIs.
3. Acceptable Use
3.1. You agree to use DaMoney only for lawful and legitimate purposes.
3.2. Prohibited uses include:
- Any activity that violates applicable laws or regulations.
- Infringement of the Intellectual Property Rights of Leadenhall Learning Limited or others.
- Dissemination of harmful, offensive, illegal, defamatory, fraudulent, threatening, intimidating, harassing, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading content.
- Attempting to interfere with the security or functionality of DaMoney or Our Systems.
- Using DaMoney to develop a competing product or service.
- Misrepresenting or falsely suggesting that outputs from DaMoney are human-generated.
- Taking, copying, altering, harming, accessing, or using DaMoney for any unlawful purpose or any other purpose detrimental to Us and Our Services, and Our Systems.
- Circumventing any security feature limiting access to DaMoney or reverse engineering, disassembling, decompiling, decoding, adapting or otherwise attempting to derive or gain access to the source code of DaMoney.
- Accessing or using DaMoney for purposes of competitive analysis of DaMoney or the development of a competing software service or product.
- Making available content that contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of DaMoney or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of DaMoney or otherwise breaches or encourages other users to breach these Terms.
- Forging information to disguise the origin of any content.
- Encouraging or inciting any other person to engage in any of the above behaviour.
4. User Accounts
4.1. You may need to create an account to access certain features of DaMoney.
4.2. You are responsible for maintaining the confidentiality of your Account Credentials. You must not share your Account Credentials with any other person or allow any other person to use your account.
4.3. You agree to provide accurate and complete information when creating your account and to keep this information up to date.
4.4. You are responsible for all activity that occurs under your account. You must notify Us immediately if you become aware of any unauthorised access to or use of your account.
5. Intellectual Property
5.1. DaMoney and its Content are owned by Leadenhall Learning Limited or its licensors
5.2. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use DaMoney for your personal or internal business purposes in accordance with these Terms.
5.3. You shall not: * Copy, modify, distribute, sell, lease, sublicense, or otherwise transfer any part of DaMoney or its Content to any third party without Our prior written consent. * Use DaMoney or its Content to create any derivative works except as explicitly permitted by these Terms. * Remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices displayed on or within DaMoney. * Attempt to gain unauthorised access to any part of DaMoney or Our related systems or networks.
6. Data Privacy
6.1. We are committed to protecting your privacy. Our practices regarding the collection, use, and disclosure of your personal information are set out in our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully.
6.2. You retain ownership of any User-Generated Content you provide through DaMoney.
6.3. By providing User-Generated Content, you grant to Us and Our agents, contractors, consultants, service providers, advisors, and Affiliates a limited, non-exclusive, non-assignable, and non-transferable license to use, store, record, transmit, maintain, and display your User-Generated Content solely for the purpose of providing the Services and as otherwise permitted in these Terms, including creating derivative works and for the purposes outlined in our Privacy Policy.
6.4. We will implement commercially reasonable technical, physical, and administrative security controls to protect and safeguard User-Generated Content and personal information.
7. AI Guidance Disclaimer
7.1. DaMoney provides financial guidance for informational purposes only and does NOT constitute financial advice, investment advice, tax advice, legal advice, or any other form of professional advice. You should not rely on this information to make (or refrain from making) any decisions. Always obtain independent, professional advice for your own particular situation. It is not a substitute for consultation with a qualified and regulated financial advisor or other relevant professional who can understand your specific circumstances.
7.2. You acknowledge that DaMoney uses AI and machine learning models, which generate predictions based on patterns in data. Output generated by a machine learning model is probabilistic and should be evaluated for accuracy and suitability for your needs, including review by a qualified professional.
7.3. Leadenhall Learning (owner of MTTM & DaMoney) does not warrant the accuracy, completeness, or reliability of the information provided by DaMoney.
7.4. Leadenhall Learning and MTTM shall not be liable for any losses or damages incurred as a result of your use of or reliance on the financial guidance provided by DaMoney, including any decisions you make based on such guidance. You are solely responsible for any decisions or actions you take based on information obtained from the DaMoney. Leadenhall Learning (owner of Money to the Masses, 80-20 Investor, Damien’s Money MOT & MTTM AI) and its staff do not accept liability for any loss suffered by readers as a result of any such decisions or their use of any information on the MTTM site or supplied by DaMoney We disclaim all liability for any loss or damage arising from your reliance on DaMoney’s output.
8. Service Availability and Support
8.1. We will use commercially reasonable efforts to ensure that DaMoney is available for your use. However, access to DaMoney may be interrupted for various reasons, including maintenance, updates, system failures, and events beyond our control.
8.2. We may schedule maintenance periods in advance, during which DaMoney may be unavailable. We may also perform emergency maintenance and updates without prior notice.
8.3. We reserve the right, in Our sole discretion, to modify, suspend, or discontinue all or any part of DaMoney at any time without liability to you.
8.4. If you have any questions or require support, please contact us at the contact information provided in Section 14. We will endeavour to respond to support requests within a reasonable timeframe.
8.5. We are not responsible for any problems you may experience with your own internet connectivity, equipment, or any third-party services that you use to access DaMoney.
9. Termination
9.1. Leadenhall Learning Limited may suspend or terminate your access may suspend or terminate your access to DaMoney at any time for any reason, including violation of these Terms.
9.2. You may terminate your account at any time.
9.3. Upon termination, your right to access and use DaMoney will immediately cease.
9.4. Any outstanding fees owed by you to Leadenhall Learning Limited.
9.5. Following termination, We may retain and continue to use de-identified and aggregated User-Generated Content for purposes such as improving our services.
9.6 Upon the termination or expiry of this Agreement (or any of the Applicable Terms as defined in the DaMoney API Usage Agreement), the provisions of the following clauses and agreements shall continue in full force and effect:
9.61 Intellectual Property Rights: All provisions relating to the ownership, licensing, and protection of intellectual property, as outlined in Clause 5 of the DaMoney API Usage Agreement, Clause 6 of the Content and Data License Agreement, and Clause 5 of the Platform Agreement, and Clause 5 of the Terms of Service, along with the granted licenses for User-Generated Content as per Clause 6.3 of the Terms of Service, shall survive termination.
9.62 Confidentiality: Any obligations of confidentiality undertaken by either party shall survive the termination of this Agreement, as referenced in Clause 5.4 of the DaMoney API Usage Agreement (in relation to the “Agreement”), Clause 6 of the Platform Agreement, and Clause 6.1 of the Terms of Service.
9.63 Data Protection: Obligations related to the processing and security of personal data under the Data Processing Agreement and the Privacy Policy, including data retention policies and the provisions of the Data Transfer Addendum where applicable to data processed prior to termination, shall survive.
9.64 Indemnification: The indemnification obligations outlined in Clause 8 of the DaMoney API Usage Agreement, Clause 8 of the Content and Data License Agreement, Clause 10 of the Platform Agreement, and Clause 12 of the Terms of Service shall survive termination with respect to claims arising prior to termination.
9.65 Limitation of Liability and Disclaimers: The limitations of liability and disclaimers set forth in Clause 9 of the DaMoney API Usage Agreement, Clause 8 of the Content and Data License Agreement, Clause 8 of the Platform Agreement, and Clauses 10 and 11 of the Terms of Service shall survive termination with respect to events or liabilities arising prior to termination.
9.66 Governing Law and Dispute Resolution: The provisions regarding governing law and dispute resolution as detailed in Clause 10.6 of the DaMoney API Usage Agreement, Clause 9 of the Content and Data License Agreement, Clause 11 of the Platform Agreement, and Clause 13 of the Terms of Service shall survive termination.
9.67 Accrued Rights and Obligations: Termination shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the obligation to pay any outstanding fees.
9.68 As explicitly stated in Clause 5.8 of the Content and Data License Agreement, Clauses 6 (Intellectual Property) and 8 (Indemnification) of that agreement, and obligations under the “Terms” (which include the Terms of Service, Platform Agreement, Service Level Agreement, Security Addendum, and Data Processing Addendum) that survive termination as per their respective terms, shall continue.
10. Disclaimer of Liability
10.1. DaMoney is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
10.2. Leadenhall Learning Limited does not warrant that DaMoney will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
10.3. Leadenhall Learning Limited shall not be liable for any losses or damages arising from:
- Your use or inability to use DaMoney.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from DaMoney.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through DaMoney by any third party.
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through DaMoney.
- The defamatory, offensive, or illegal conduct of any third party.
11. Limitation of Liability
To the maximum extent permitted by law:
11.1. Leadenhall Learning Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from these terms.
11.2. In no event shall Leadenhall Learning Limited’s aggregate liability for all claims relating to DaMoney exceed the lesser of (i) the amount paid by you, if any, for access to DaMoney, or (ii) one hundred pounds (£100).
11.3. The limitations of liability set forth in this Section shall not apply to damages arising from Our gross negligence, willful misconduct, or fraud, or to any liability that cannot be excluded or limited under applicable law.
12. Indemnification
You agree to indemnify, defend and hold harmless Leadenhall Learning Limited, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:
- Your use of DaMoney.
- Any violation of these Terms by you.
- Your User-Generated Content.
- Your infringement of any third-party Intellectual Property Rights.
- Your violation of any applicable law or regulation.
13. Governing Law and Dispute Resolution
13.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales.
13.2. We encourage you to contact us directly to resolve any concerns or disputes you may have regarding DaMoney or these Terms. You can reach us using the contact information provided in Section 14.
13.3. In the event that a dispute cannot be resolved informally, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
14. Changes to Terms
14.1. Leadenhall Learning Limited reserves the right to modify these Terms at any time.
14.2. We will provide reasonable notice of any material changes, except for non-material updates, updates related to new functionality/preview features, or updates required by law. Notice may be provided by posting the updated Terms on our website or by other reasonable means.
14.3. Your continued use of DaMoney after such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using DaMoney and may terminate your account.
14.4. Leadenhall Learning Limited will not alter the Terms in a way that detracts from its obligations regarding Confidential Information, Customer Data, or Customer Content without your express written authorisation.
15. Contact Information
If you have any questions about these Terms, please contact us at: [email protected]
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