Effective Date: 07-07-2023
These Terms of Service ("Agreement") are a legal agreement that explain the terms of Service that all visitors, users, clients and customers must comply with when using Capitally. By using Capitally, You agree to abide by all of the terms of Service in this Agreement.
This Agreements incorporates Our Privacy Policy and Disclaimer.
PLEASE READ THIS AGREEMENT CAREFULLY because it affects Your rights and liabilities under the law. By using or accessing Capitally, You confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, You cannot use or access Capitally.
These Terms of Service are governed by the law of Poland.
The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all agreements:
"Capitally", "Service" refers to the website and application available under domain mycapitally.com and all mobile applications, software, websites, media channels and other media forms related, linked, or otherwise connected thereto.
"Account" refers to the account that You have to create in the Service to log in, use, and access some parts of the Service.
"Company," "Us," "We," and "Our" refers to CAPITALLY p.s.a., ul. Kłopot 4/59 01-066 Warsaw, Poland.
"Content" is the information displayed at the Service including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Service.
"You" and "Your" refer to the visitor, user, client, customer or person accessing the Service and thus accepting this Agreement.
"User Content" refers to the content which has been created by Our users.
"Non-compliance with the contract" refers to a situation where the digital provision of the Service is not in accordance with the terms of the Agreement relating to its delivery, as defined under Article 43k, Sections 1-2 of the Polish Consumer Rights Act.
We will not be held liable should the Service be unavailable for any amount of time.
You are responsible for the safety and confidentiality of your passwords and usernames. We have the right to terminate or suspend your username and password should we suspect non compliance by you.
You are not a minor in the jurisdiction in which you reside.
You will not use any meta tags or any other "hidden text" utilizing Our name or trademarks without Our express written consent.
The Service and/or any portion of the Service may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.
Your use and access of the Service does not include any right of resale or commercial use of the Service or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You must use our Service for lawful purposes only.
While using our service the following terms must be adhered to:
to transmit or send unsolicited or unauthorized advertising or promotional material in any form.
Disrupt or attempt to disrupt Our servers in any way that could cause harm to the Service.
Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the Service, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.
Harass, abuse, threaten or incite violence towards any individual or group.
in any way that breaks or breaches applicable local, national or international laws or regulations.
in any way which is fraudulent or unlawful.
Hold Yourself out as sponsored by, endorsed by, or affiliated with Us or the Service.
Interfere with any other person's use of or the proper functioning of the Service.
Misrepresent Your identity or impersonate any person.
Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us.
Provide any information that is false, misleading or inaccurate.
Use any portion of the Service for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
Use any portion of the Service for uploading, posting, e-mailing, transmitting or otherwise making available User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Use any portion of the Service for uploading, posting, e-mailing, transmitting or otherwise making available User Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
Use any portion of the Service for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.
Except for User Content as defined in User Content clause below, all of the content featured or displayed on the Service, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations ("Our Content"), are owned by Us, Our licensors, vendors, agents and/or Our content providers. All elements of the Service, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
The Service, Our Content and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.
You will not remove any copyright, trademark or other proprietary notices from material found on the Service.
Except as may be otherwise indicated in specific documents within the Service or as permitted by copyright law, You are authorized to view, play, print and download copyrighted documents, audio and video found in Our Service for personal, informational, and noncommercial purposes only.
Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Service.
All Capitally design, graphics, text selections, arrangements, and all software are of Copyright © 2023, CAPITALLY p.s.a. or its licensors. ALL RIGHTS RESERVED.
We authorize you to publicly display any material from the Service, without any fees, as evidence of your investment outcomes on platforms including but not limited to social media, personal blogs, YouTube videos etc.
You may be able, as dictated by the functionality of the Service, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on Capitally ("User Content").
You shall be solely responsible for Your own User Content and the consequences of posting or publishing them. The Service merely acts as a passive conduit for Your online distribution and publication of User Content.
Without limiting any of Our rights in law and equity, We reserve the right to remove any User Content for any reason in Our sole discretion, including any User Content that We believe may violate this Agreement, or any copyright or third-party rights.
By submitting, posting or displaying User Content on or through the Service, you grant Us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed.
By submitting User Content, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to your User Content contained within these Terms. This includes the fact that your User Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
User Content does not represent Our views or any individual associated with Us, and We do not control User Content. In no event shall You represent or suggest, directly or indirectly, Our endorsement of User Content. We do not vouch for the accuracy or credibility of any User Content on Our Service, and do not take any responsibility or assume any liability for any actions You may take as a result of reading User Content on Our Service.
You shall remain solely responsible for Your User Content and We shall have no obligation to prescreen any such content. However, We shall have the right in Our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Service at any time without notice. Without limiting the foregoing, We shall have the right to remove any material that We find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of this Agreement access to the Service.
If You wish to remove Your User Content from the Service, please send Us an email to contact@mycapitally.com. We will remove Your User Content within 10 business days of receiving Your request. However, We may retain copies of Your User Content, not accessible to the public, on Our backup servers even after You request removal.
We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with User Content. We and Our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this Agreement obligates or may be deemed to obligate Us to sell, license or offer to sell or license any advertising, promotion or distribution rights.
To effectively use the Services, you must have:
Reliable internet access;
An up-to-date version of one of the following internet browsers: Google Chrome, Safari, Microsoft Edge, or Mozilla Firefox.
Capitally is a service that enables You to analyze Your investments. It achieves this by calculating and displaying various performance metrics based on investment data you provide, combined with market data provided by Us or Our suppliers. Your investment data is stored on Your device and securely synchronized with Our servers.
To use the Service, You are required to create an account:
Provide Your name, email address, and password on the sign-up page, or use available social sign-in options (such information being the “Account Data”);
Accept Capitally's Terms of Service and Privacy Policy;
If you signed up via email, you are required to click on a confirmation link that will be sent to your email address after account creation.
In consideration of Your use of the Service, You will maintain and promptly update the Account Data to keep it true, accurate, current and complete.
You are entirely responsible for the security and confidentiality of Your password and Account. You will not share Your Account Data or Your username and password with any third party or permit any third party to login to the Service using Your Account Data. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Service.
You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security of which You become aware.
The Service may also include a tool that allows You to sign in or register using information from Your accounts in third party services, such as Facebook, Twitter, Google, Yahoo, or LinkedIn. These third-party services are not related to the Service, and Your use of such third-party services is subject to the terms and policies of those services.
For more information on how We collect, store, use, and share Your Account Data, please check Our Privacy Policy
Upon successful account creation, We will send you occasional emails to introduce you to the features of the Service you have subscribed to, or to solicit feedback. You have the right to unsubscribe from these emails at any time by clicking on the unsubscribe link located at the end of every such email.
You have the right to remove your account at any time. This can be done by sending an email to contact@mycapitally.com from the email address that was used to create the account or through the application's built-in account removal function. Be aware that account removal will result in the permanent loss of all account data and information.
We reserve the right to remove any account that has not been used for a period of more than 6 months and does not have an active paid subscription. Before the removal, we will send an email notification to the email address associated with the account, providing you with the option to retain the account. If no action is taken within the specified time in the notification, the account will be permanently removed along with all associated data.
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Capitally is available via subscription (“Subscription”).
The Subscription prices and features can be found at https://www.mycapitally.com/#pricing.
By making a Subscription, You agree to pay for the subsisting Subscription fees during the Subscription period.
A “Subscriber” is a User who agreed to receive notifications from Us and/or who uses the Service on a paid subscription model.
To become a Paid Subscriber You need to:
Create an account;
If available, start a free trial, during which you will have access to most features of the paid Service for a limited time;
Afterwards, choose a paid Subscription plan and provide payment information;
Check a separate box during the check-out process, with which you acknowledge and agree that the provision of the Service may begin before the end of the withdrawal period. In such case, you will lose your right to withdraw from the Paid Subscription once the payment is processed and subscription starts.
If You have subscribed to a free subscription and upgraded to paid subscription, You will be billed for the Subscription fees of the paid subscription at the start of its subscription period.
If You have subscribed to a paid subscription and upgraded to a higher subscription, You will be billed for the Subscription fees of the paid subscription at the start of its subscription period.
You may downgrade Your subscription at any time. If You choose to downgrade, You may lose access to some content and features in Capitally.
We reserve the right to modify our fees at any time, in accordance with these Terms and applicable laws. This may entail changes to our existing fees, the introduction of fees for previously free features, or the addition, removal, or modification of features or functionalities included within the fees. In the case that you disagree with these changes, you are obliged to cancel your paid Subscription. We will inform of such changes before the new Subscription fees take effect. Your continued use of the Subscription means that You agree to such changes.
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Fees for monthly or annually Subscription and payment plans are billed in advance, on a monthly or annually basis.
The Subscription will remain active during the Subscription period. There will be no refunds or credits for partial use, non-use, or downgrade of the Subscription during the Subscription period.
We may consider specific refund requests for Subscriptions on a case-by-case basis, granted solely at our discretion.
If You have subscribed, Your Subscription will continue in effect after Your initial subscription Period, unless and until You cancel Your Subscription or Account, or Subscription is otherwise suspended or discontinued. You must cancel Your Subscription before it renews in order to avoid any additional charges.
If You are a consumer in the EU, You may withdraw Your Subscription within 14 days from the date that You made payment (“Cooling Off Period”), without giving any reason for doing so. Whenever applicable, You have the rights and protection provided by the laws of Your country and/or in the EU.
You must notify Us about using Your withdrawal right through Our contact details in this policy.
Your withdrawal is effective if You sent it within the Cooling Off Period, even if we receive it later.
We will send You a confirmation email within 14 days from Our receipt of Your application to withdraw.
In the event of effective withdrawal, You will be refunded with the fees and/or purchase price, within 14 days after we have confirmed that the withdrawal is valid.
If You use the services within the 14-day cancellation period, we will charge You for Your use until You send Us Your withdrawal application.
We provide an electronic service that involves sending emails containing content related to investment and education, including commercial content, particularly related to the offer of products and services. Emails are sent to the address provided by the User (hereafter: "Newsletter"). The Newsletter service is provided free of charge for an indefinite period.
To activate the Newsletter Service, You must:
Use a device with access to the Internet, with a properly installed and configured, up-to-date web browser;
Have an active email address;
Place an order by providing your email address in the electronic form, or by activating the Newsletter option in the Account settings;
Accept the Terms and Conditions and the Privacy Policy by ticking the appropriate boxes.
The User may at any time deactivate the Newsletter Service. To deactivate the Newsletter Service, you need to click on the "Unsubscribe" link contained in the footer of the Newsletter.
Deactivation of the Newsletter Service may also occur at Our initiative, in case of the User's non-compliance with the obligations required by the Aggreement.
Upon deactivation of the Newsletter Service, We will stop sending the Newsletter to the User's email address.
The User may re-order the Newsletter Service at any time.
Please note that this section applies only to consumers and businesses acting as consumers within the European Union.
The digital service provided by Us to You must be in accordance with the Agreement:
At the time of its delivery - if the digital service is delivered one-time or in parts;
Throughout the entire duration of the delivery of a given digital service - if the digital service is delivered continuously.
We are liable for Non-compliance with the Agreement:
Existing at the time of delivery of the digital service and revealed within 2 (two) years from this moment - if the digital service is delivered one-time or in parts;
Revealed during the period of delivery of a given digital service - if the digital service is delivered continuously.
In case of Non-compliance, you may submit a complaint containing a request to bring the digital service into compliance with the Agreement for its delivery.
Complaints should be submitted via email to contact@mycapitally.com.
The complaint should include the email address of the account in question, description of what the irregularities in the Service were, and expectations regarding resolution.
We may refuse to bring the digital service into compliance with the Agreement for its delivery if it is impossible or would require Us to incur excessive costs.
Upon review of the complaint, We will provide you with a response to the complaint, in which We will:
Acknowledge the complaint and indicate the planned date for bringing the digital service into compliance with the Agreement for its delivery;
Refuse to bring the digital service into compliance with the Agreement for its delivery for reasons indicated in clause 7.6 above;
Reject the complaint due to its groundlessness.
We will respond to the complaint via email within 14 (fourteen) days from the day of its receipt.
We attempt to ensure that information in the Service is complete, accurate and current. Despite Our efforts, the information in the Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information in the Service.
Through Your use of the Service, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. By using Our Service, You assume all associated risks.
Information provided by you through Capitally is stored on a secured servers. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through our Service, through online ordering, or in databases stored on our servers.
All our services employ Secure Sockets Layer (SSL) software, the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information. Please see our Privacy Policy for full details on security.
Running or displaying Capitally or any information or material displayed on Capitally in frames or through similar means on another site without Our prior written permission is prohibited.
We grant You a nonexclusive right to display at Your site any link that would permit any user to go from Your site to Our Service. You obtain no rights other than the right to link to Our Service. Further, We do not guarantee, approve, or endorse the information or products available on Your site.
You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Us. You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with Us. You warrant that Your site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from Us, You shall promptly remove the links.
If Your wish to obtain written consent from Us, please contact us using our contact page
From time to time, the Service may contain links to sites that We and Our affiliates do not own, operate nor control. All such links are provided solely for Your convenience. If You use these links, You will leave the Service. Neither We nor any of Our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither We nor any of Our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that You may obtain from using any other site.
We do not control, endorse, sponsor or approve of the third parties or their content not do We take any responsibility for any aspect of these websites or their content. If You decide to access any other site linked to or from this Service, You do so entirely at Your own risk. You agree to be aware when You leave the Service and to read the privacy statements of these sites. You will evaluate the security and trustworthiness of any site connected to or accessed through the Service before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of personal information to those third-party sites.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Capitally does not operate as a financial product advisory service and expressly does not provide any form of financial product advice. The information provided through Capitally constitutes numerical data derived from publicly accessible resources, user input, and other sources available to us. The reports generated by Capitally utilize this data, processed through our's proprietary performance methodology and universally accepted computations.
Capitally serves solely as an analytical tool for you to review your investments and conduct hypothetical scenarios. The accuracy and relevance of the output it generates is intrinsically dependent on the quality of the data input by the user. It is crucial to note that Capitally does not facilitate any financial transactions on your behalf.
You bear the sole responsibility for any investment decisions made. We don't accept liability for these decisions, which should be based on your personal circumstances and considered carefully.
It is important to note that the information provided is neither a recommendation nor a statement of opinion. Users should not rely on this information as the sole basis for making investment decisions. It is highly recommended that users seek independent financial advice prior to making any investment-related decisions. Past performance is not an indicator of future performance.
We are committed to providing services with due diligence.
We are not liable for the consequences of:
your use of any services available within the Service contrary to their intended purpose;
you providing incorrect or false data;
the disclosure of data contained in the Account, including access data;
the consequences of the use of data authorizing access to the Account by third parties, if these individuals have come into possession of this data as a result of its disclosure by you or due to your inadequate protection against access by such individuals.
For customers who are not consumers or entrepreneurs on the rights of consumers, our liability for damages incurred by you due to non-performance or improper performance of an obligation by us is limited to damages in the form of actual losses incurred by you and to an amount not exceeding the total compensation paid by you to us for the last 6 (six) months before the damage occurred.
We are not responsible for interruptions in the functioning of the Service resulting from:
force majeure;
necessary maintenance and modernization works carried out on the Service;
causes on your side;
causes independent of us, in particular the actions of third parties for which we are not responsible.
We undertake to carry out the works referred to above in a manner as least inconvenient to you as possible and, to the extent possible, to inform you in advance about planned works.
We are committed to, as far as possible, promptly removing disruptions in the functioning of the Service.
We may terminate this Agreement:
for any or no reason during any free use of the Service;
if You breach any of the terms of this Agreement, and that breach is not remediable;
if You breach any of these terms of this Agreement and that breach is not remedied within 7 days of receiving written notice of the breach;
if You have failed to pay any due charges by the stated date.
We may also block Your access to Our Service in the event that:
You breach this Agreement;
We are unable to verify or authenticate any information You provide to Us; or
We believe that Your actions may cause financial loss or legal liability for You, Our users or Us.
You may terminate Your use of the Service by contacting Us through our contact details in this policy. The termination request will be subject to Our verification of Your ownership of the Account.
In terminating Your Account, You shall be liable to pay all fees and charges that have accrued up until the termination takes place. You are personally liable for any orders placed or charges incurred through Your Account prior to termination.
Either We or You may terminate the Agreement upon 7 days written notice to the other party of a material breach, if such breach remains uncured at the expiration of such period;
If the other party becomes the subject of petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Upon the effective date of termination or expiration of this Agreement:
All rights, Subscriptions and licenses granted to You shall be terminated immediately.
You will immediately cease use of and/or access to the Account, and the Service.
We will suspend or terminate Your access to the Service.
We will suspend or terminate access to any or all of the data to the extent permitted by law
The termination or expiry of this Agreement shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.
We may change these Terms due to:
Amendments to legal regulations directly affecting the content of these Terms;
Obligations imposed by governmental or judicial authorities;
Changes in the subscription fee;
Technological and functional changes;
Measures to prevent abuses and/or harm;
Considerations of security and safety;
Changes in the scope of services provided, including the introduction of new services;
Editorial changes.
We will give you at least 14 days' notice of any changes by email. If you disagree with the revised Terms, you may terminate your agreement or subscription before the revised Terms become effective. If you do not terminate the agreement and/or subscription and continue to use Capitally after the revised Terms become effective, you will be deemed to have accepted them.
We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Capitally is not directed to children. Access to and use of Capitally is only for those who are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. If You are younger than this, You may not register for or use Capitally.
Any person who registers as a user or provides their personal information to Capitally represents that they are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.
In agreeing with this Agreement, You represent and warrant that You are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.
Jurisdiction and Choice of Law. Any claim relating to, and the use of, Capitally and the materials contained herein is governed by the laws of Republic of Poland. You consent to the exclusive jurisdiction of the state and federal courts located in Warsaw, Poland.
Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or oral).
A printed version of this Agreement will be admissible in judicial and 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.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign this Agreement without Our written consent.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.
Survival. Clauses “Advertising Rights”, “Intellectual Property Rights”, “DISCLAIMERS”, “LIMITATIONS OF LIABILITY”, “Indemnity”, “Release”, “Communications”, and “Dispute Resolution and Arbitration” shall survive any termination or expiration of this Agreement.
We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Service (“Feedback”). You may submit Feedback by emailing Us at contact@mycapitally.com. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: You may contact Us at our contact page. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
If You do not understand any of the foregoing terms of Service or if You have any questions or comments, please contact Us through contact@mycapitally.com
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.