Terms of Service | Broadwalk

By accessing, registering for, or using our platform, software, application programming interfaces (APIs), analytics tools, artificial intelligence (AI)-generated services, or any related features (collectively, the “Services”), you (the “User,” “you,” or “your”) signify your agreement to be bound by these Terms of Service (the “Terms”). If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must immediately cease all use of the Services.

These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, and Legal Disclaimer (collectively, the “Policies”), which are available on our website. We reserve the right to update these Terms at any time, with changes effective upon posting. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

1. Definitions

AI Outputs: Any insights, analyses, recommendations, forecasts, sentiment evaluations, risk assessments, memos, or other content generated by our AI models.

User Data: Any information, data, or content uploaded, inputted, or otherwise provided by you through the Services, including but not limited to portfolio details, prompts, or optional inputs.

Third-Party Data: Information aggregated from external sources such as news feeds, social media platforms, market APIs, public filings, or other publicly available or licensed data providers.

2. No Investment, Legal, Tax, or Financial Advice

The Services are provided solely for informational and educational purposes. None of the AI Outputs, data visualizations, analytics, or other materials provided through the Services constitute personalized investment advice, financial planning, tax guidance, legal counsel, or any form of professional recommendation. Users are solely responsible for evaluating the suitability of any information obtained from the Services and for all decisions, actions, or inactions taken based thereon. We strongly advise consulting with qualified professionals, such as licensed financial advisors, attorneys, or tax experts, before making any investment or financial decisions.

3. AI Accuracy and Reliability Disclaimer

Our Services leverage advanced AI models, which may rely on machine learning algorithms, natural language processing, and probabilistic predictions. However, AI technologies are inherently imperfect and subject to limitations, including but not limited to:

Generation of inaccurate, incomplete, outdated, biased, or misleading information (commonly referred to as “hallucinations” or errors in output).
Dependence on training data that may not reflect real-time events or market conditions.
Potential delays in processing or updating data due to technical constraints.

We make no representations or warranties regarding the accuracy, completeness, timeliness, reliability, or suitability of any AI Outputs for any purpose, including decision-making in financial, investment, or business contexts. Users acknowledge that reliance on AI Outputs is at their own risk, and we disclaim any responsibility for outcomes resulting from such reliance.

4. Limitation of Liability

To the fullest extent permitted by applicable law, the Company, its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to these Terms or the Services, including but not limited to:

Financial losses, including loss of profits, revenues, savings, or investment value.
Adverse investment outcomes or market fluctuations.
Inaccuracies, errors, or omissions in data or AI Outputs.
Business interruptions, loss of data, or reputational harm.
Failures or disruptions in third-party APIs, data feeds, or integrations.
Errors, biases, or malfunctions in AI models.
Decisions or actions taken by Users based on the Services.
System downtime, technical failures, or cybersecurity incidents.

In no event shall our aggregate liability exceed the total amount paid by you to us for the Services in the twelve (12) months preceding the claim. This limitation applies regardless of the legal theory (contract, tort, negligence, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations, so this section may not apply in full to you.

5. No Warranty

The Services are 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, title, or uninterrupted or error-free operation. We do not warrant that the Services will meet your requirements, be secure, or free from viruses or other harmful components. All risks associated with the quality, performance, and use of the Services are borne by you.

6. User Responsibilities and Representations

You agree to use the Services in compliance with all applicable laws, regulations, and these Terms. Specifically, you represent and warrant that:

You are at least 18 years old or the age of majority in your jurisdiction.
Any User Data you provide is accurate, lawful, and does not infringe on third-party rights.
You will not:
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Services.
- Hack, exploit vulnerabilities, or interfere with the security or integrity of the Services.
- Use prompts, inputs, or techniques designed to bypass safety features, ethical guidelines, or content filters.
- Upload, transmit, or process illegal, harmful, defamatory, obscene, or unverified data.
- Engage in or facilitate financial fraud, misrepresentation, insider trading, or other unlawful activities.
- Automate unauthorized access, such as through scraping, bots, or excessive API calls.
- Share or distribute AI Outputs in a manner that misrepresents them as professional advice.
You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account.

7. Data Sources and Integrations

The Services may aggregate, process, or display Third-Party Data from various sources. We do not independently verify, validate, endorse, or assume responsibility for the accuracy, legality, or reliability of such data. Users acknowledge that Third-Party Data may be subject to delays, errors, or changes beyond our control, and we disclaim any liability arising therefrom.

8. Account Suspension and Termination

We reserve the right, at our sole discretion, to suspend, terminate, or restrict your access to the Services at any time, without notice or liability, for reasons including but not limited to:

Suspected fraud, abuse, or misuse.
Security risks or breaches.
Violation of these Terms or Policies.
Non-payment of fees (if applicable).
Legal or regulatory requirements.

Upon termination, your right to use the Services ceases immediately, and we may delete or retain your data as permitted by law.

9. Dispute Resolution, Arbitration, and Class Action Waiver (Applicable to U.S. Users)

Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association under its rules, rather than in court. Arbitration shall occur in Delaware, and the arbitrator's decision shall be final and enforceable in any court of competent jurisdiction. You waive any right to participate in class actions, class arbitrations, or representative actions. If this waiver is deemed unenforceable, the entire arbitration provision shall be null and void.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of laws principles. For non-arbitrable disputes, you consent to the exclusive jurisdiction of the courts located in Wilmington, Delaware.

11. Miscellaneous Provisions

Severability: If any provision is held invalid, the remainder shall remain in effect.
Force Majeure: We are not liable for delays due to events beyond our control (e.g., natural disasters, pandemics).
Entire Agreement: These Terms constitute the entire agreement between you and us.
Contact: For questions, contact contact@broadwalk.ai.