Terms & Conditions

SUMSY

Terms of Service

Effective date: 24 April 2023

Welcome to Sumsy

Sumsy Ltd. (“Sumsy”, “we”, “us”, “our”) operates as an AI-driven technology platform that provides its services (described below) to you through its Website located at https://sumsy.com (the “Website”) and its mobile applications and related services (collectively, such services, including any new features and applications, and the Website, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except those changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Service and to review such changes.

In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy and Cookies Policy. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service(s)
1. Services Description: The Service(s) is designed to allow users to get AI-generated analytics and monitor recent fluctuations on financial markets through the Website and Sumsy mobile applications. As part of our Services, we may provide Signals. Signals are short notifications for Users that may contain the following information:
  - “Long!” Signal – a notice meaning that an upward movement may be imminent.
  - “Short!” Signal – a notice meaning that a downward movement may be imminent.
  By using the Services, you agree and understand that the Signals are provided to you for information purposes only. We do not guarantee the accuracy of the Signals. All and any information contained in the Signals or these Terms of Service should not be considered investment advice or recommendation to buy, sell or hold any security or use any trading system.
2. Personal Use Only: Al all times you must refrain from disclosing and sharing our Signals with any third party. The Signals you are receiving through the Website or Sumsy App must be kept strictly confidential at all material times.
3. Signal Disclaimer. We do not represent or warrant that the information provided in Signals will be true or accurate. All Signal are purely informative AI-generated predictions. Signals we provide will never constitute any recommendation for “buying,” “holding,” or “selling” any financial product or service.
4. Your Registration Obligations: You may be required to register with Sumsy in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
5. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Sumsy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Sumsy will not be liable for any loss or damage arising from your failure to comply with this Section.
6. Modifications to Service: Sumsy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sumsy shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
7. General Practices Regarding Use and Storage: You acknowledge that Sumsy may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other Content will be retained by the Service. You agree that Sumsy has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted by the Service. You acknowledge that Sumsy reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Sumsy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
8. Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Website from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Authorized Users and Subscriptions
1. Subscription Plans: The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
2. AutomaticRenewal: At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
3. ContentAccess: Sumsy permits each User to access our Website and view any of its contents and information. In addition, we offer Customers paid subscriptions to access some of our Services.
4. Authorized Users: You shall be the principal Authorized User of our Services and the rights in and to the Services are limited to one Authorized User only which cannot be shared with, or used by another person.
5. Services and Content: We offer in our Website our Services, including free content and information. We do not make any representations and warranties as to our Services, content and information as we are never liable or responsible for any incorrect or erroneous information.
6. Subscription cancellations: You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
7. Billing: You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
8. Fee Changes: The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
9. Refunds: Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Account and Verification
1. Account Information: In order to access and use our Services, you must first create an account on our Website. You represent that all personal information you provide is fully accurate and up to date. You may only subscribe to one single account, which remains strictly personal. Moreover, you undertake to always keep your username and password private. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
2. Password Protection: You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
3. Username: You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
4. Account Verification: We may reject each and any request to subscribe to our Services, without disclosing the reason under which such rejection has been made.
Conditions of Use
1. User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) that you upload, post, publish or display (“Post”) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Sumsy. Sumsy reserves the right to investigate and take appropriate legal action against anyone who, in Sumsy’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to post, email or otherwise transmit any Content that:
  1. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
  2. you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  3. infringes any intellectual property or other proprietary rights of any party;
  4. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, chain letters”, “pyramid schemes”, “contests”, “sweepstakes”, or any other form of solicitation;
  5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. in the sole judgment of Sumsy, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Sumsy or its users to any harm or liability of any type;
  7. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  8. solicit personal information from anyone under the age of 18;
  9. harvest or collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  10. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  12. or violate any applicable local, state, national or international law, or any regulations having the force of law;
  13. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  14. or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
2. Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.
Use of the Services
1. Information provided: The information provided through our Services results from analytical algorithms upon processing historical data by AI-powered tools which generate market-making predictions (Signals). You acknowledge and agree that all and any information received from us is not financial or investment advice. You understand that Sumsy is not responsible for any losses that may result from whatever action you elect to take based on your use of our Services.
2. Real Market conditions:When trades are executed in real market conditions using market orders, you may suffer financial losses due to market instability and/or volatility which may cause the market to move against your position. Therefore, a decision to trade in a financial (stock, securities, etc.) market is made at your own risk and responsibility. It is strongly recommended that you do your research before commencing trading. Your trading results may not match the results displayed by our Signals.
Intellectual Property Rights
1. Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Sumsy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Sumsy, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Sumsy.
2. The Sumsy name and logos are trademarks and service marks of Sumsy (collectively the “Sumsy Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Sumsy. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Sumsy Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Sumsy Trademarks will inure to our exclusive benefit.
3. Third Party Material: Under no circumstances will Sumsy be liable in any way for any Content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You acknowledge that Sumsy does not pre-screen Content, but that Sumsy and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Sumsy and its designees shall have the right to remove any Content that violates these Terms of Service or is deemed by Sumsy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
4. User Content Posted on or through the Service: You are solely responsible for the Content and other materials you Post on or through the Service or the Website or transmit to or share with other users or recipients (collectively, “User Content”). You will not Post any Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By Posting any User Content you hereby grant and will grant Sumsy and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
5. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Service (“Submissions”), provided by you to Sumsy are non-confidential and Sumsy shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
6. You acknowledge and agree that Sumsy may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
  1. comply with legal process, applicable laws or government requests;
  2. enforce these Terms of Service;
  3. respond to claims that any Content violates the rights of third parties; or
  4. protect the rights, property, or personal safety of Sumsy, its users and the public.
7. You understand that the technical processing and transmission of the Service, including your Content, may involve:
  1. transmissions over various networks; and
  2. changes to conform and adapt to technical requirements of connecting networks or devices.
Sumsy Content
1. No financial or investment advice. You should direct any financial or investment-related questions to your financial or investment advisor. Services and Signals (in particular, but not exclusively, provided in the form of text, images, graphics, audio, video, or any other materials) are not intended to be and should not be used as financial or investment advice.
2. Sumsy is not a provider of financial or investment services, nor is it a registered investment advisor or broker-dealer and does not purport to tell or suggest the value of any securities or which securities customers should buy or sell for themselves. You understand and acknowledge that a very high degree of risk is involved in trading securities. Sumsy assumes no responsibility or liability for your trading and investment results. It should not be considered that Signals, as well as methods, techniques or indications, presented while providing Services or sharing Signals, will result in profits or losses. Past results of any trader or trading system published on Sumsy are not indicative of future returns by that trader or system and are not indicative of future returns which you realize. In addition, the indicators, strategies, columns, articles and all other features of Sumsy are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on the site are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not solely rely on Services or Signals when making any investment.
Third Party Websites
1. The Service may provide, or third parties may provide, links or other access to other Websites and resources on the Internet. Sumsy has no control over such Websites and resources and Sumsy is not responsible for and does not endorse such Websites and resources. You further acknowledge and agree that Sumsy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, events, goods or services available on or through any such Website or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Sumsy is not liable for any loss or claim that you may have against any such third party.
Third Party Services
1. You may enable various online services to be directly integrated into your Sumsy experience. By directly integrating these services into the Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the Websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Sumsy’s use, storage and disclosure of information related to you and your use of such services within Sumsy (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Sumsy shall have no liability or responsibility for the privacy practices or other actions of any third party Website or service that may be enabled within your Service.
2. In addition, Sumsy is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Sumsy is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party service. Sumsy enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
1. 10.1.You agree to release, indemnify and hold Sumsy and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUMSY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
2. SUMSY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
1. 12.1.YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUMSY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUMSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL SUMSY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SUMSY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
2. 12.2.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
3. 12.3.ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Arbitration
1. 13.1.Any dispute arising out of or in connection with these Terms of Service, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which rules are deemed to be incorporated into this clause by reference. The number of arbitrators shall be one. The arbitrator of the arbitral tribunal shall be appointed in accordance with the LCIA Rules. The seat, or legal place, of arbitration shall be Tortola, British Virgin Islands. The language to be used in the arbitral proceedings shall be English.
Termination
1. 14.1.You agree that Sumsy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Sumsy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Sumsy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Sumsy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Sumsy shall not be liable to you or any third-party for any termination of your access to the Service.
User Disputes
1. 15.1.You agree that you are solely responsible for your interactions with any other user in connection with the Service and Sumsy will have no liability or responsibility with respect thereto. Sumsy reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
General
1. 16.1.These Terms of Service constitute the entire agreement between you and Sumsy and govern your use of the Service, superseding any prior agreements between you and Sumsy with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. This Terms of Service and any dispute, controversy, proceedings or claim arising out of or in connection with it or its formation or subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of British Virgin Islands. The failure of Sumsy to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Sumsy, but Sumsy may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Your Privacy
1. 17.1.At Sumsy, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.