Website and Web App Terms of Use
TERMS AND CONDITIONS
1.GENERAL TERMS
The following terms and conditions agreement ("Agreement", "Terms and Conditions" or just " Terms"), set forth the general terms of your use of the DividendHub application and website ("DividendHub", "SAAS Provider" or "Service") and any of its related products and services (collectively, "Services"). This Agreement, which is a contract, is legally binding between you ("User", "you", "your" or "yours") and DividendHub ("we", "our" or "us"). If you are accepting this Agreement on behalf of a third party, that being, a business, or any other legal entity ("third party", "they" or "them"), it will be assumed that they know you are doing so, and that you have the authority to bind this Agreement to them, in which case the terms "User" and "you" shall also be used to refer to them.
By accepting these terms, you agree that DividendHub will have no liability in any possible damage caused by you to those third parties. By using DividendHub services, you acknowledge that you’ve read, understood, and agree to be bound by the integrity of the terms and clauses of this Agreement. You also accept to follow the General Data Protection Regulation, Regulation EU 2016/679 ("GDPR" or "Regulation EU 2016/679") in the use of DividendHub services. Likewise, DividendHub is bound to do its best efforts to preserve your data in accordance with the GDPR.
2.DIVIDENDHUB SERVICE LICENSES
The service hereby contracted, initiated by the payment of the usage license to the application, grants the User a non-transferable, revocable License to access DividendHub services and features in accordance with the plan contracted. These services specificities and features will be fully disclosed in DividendHub internet address. Any existing question or concern may be checked In DividendHub website FAQ or addressed to DividendHub Contact Us e-mail address.
2.1 Service License Plans payments must be made, in advance, in EURO (EUR).
2.2 From the moment of the payment, the User will have access to DividendHub application and features, according to the contracted plan, until the moment the license is revoked, either by discontinued payment or termination of the account.
- Clause 2.2 does not apply to free Service License Plans, which will commence from the moment of the User’s registration.
2.3 DividendHub has the right to halt providing its features and services contracted in paid plans if the monthly license payment is ceased.
2.4 DividendHub supplies its users information on stocks (and dividends), but does not holds the position of financial advisor, being of the User’s complete discretion and responsibility any investment made throughout the usage of the license and from information acquired in DividendHub’ s application or website.
2.5 DividendHub services contemplates filtering stocks through a stock market screener and portfolio platform management. DividendHub is not responsible, in any way, for the distribution of dividends, nor is related to any enterprise shown in the application, website or portfolio.
2.6 By accepting these terms and conditions, the User agrees to respect DividendHub Intellectual Property Rights.
2.7 By accepting these terms and conditions, the User also acknowledge that the paid licenses to DividendHub are non-transferable, agreeing not to resell, assign, transfer, distribute or provide others with access to any DividendHub paid, non-transferable services.
2.8 The User acknowledge, by accepting these terms and conditions, that it will not copy, modify, create derivate works from, reproduce, resell, or transfer to a third party, any of DividendHub features in any way that may breach DividendHub Intellectual Property Rights.
2.9 The User understands and agrees that DividendHub, as an application, is subject to errors (being it human errors or not), which will promptly be corrected by DividendHub team as soon as it is acknowledged
- The User agrees that, as a part of the Service License, him or her may experience access instability to the application or other access related issues which can make User’s access impossible.
- The User agrees that DividendHub is not liable nor responsible, monetarily, for any momentaneous error that may occur to the stability of its services and features.
- DividendHub agrees that every known error, informed through DividendHub "Contact Us" address e-mail, will be immediately addressed, but not necessarily resolved.
- DividendHub will do its best efforts to address application issues and errors as soon as possible.
2.10 The User is bond not to breach DividendHub Intellectual Property Rights in accordance with French and European legislation.
2.11 The use of DividendHub will be at your own risk. DividendHub is not responsible for risks taken by the you during the use of the service. That includes, but is not limited to:
- Any loss of profit, in any form;
- Loss and distribution of dividends (Clauses 2.5 and 2.6);
- Loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings and loss of reputation;
- Inability to access or use the Service during instability periods;
- Loss of any kind originated from unauthorized or third-party access to User’s account (Clause 7);
- Any loss originated from irresponsible or immoral conduct; and
- Malpractice.
- This clause will survive the termination of this Agreement.
3.CONFIDENTIALITY
The parties hereby agree to ensure that private information, being that of the SAAS Provider and the User, must always be kept confidential, not disclosing any unauthorized information, in accordance with the GDPR.
3.1 During and after the end of the Service License, DividendHub will not disclose private information. Exceptions are:
- The disclosure of private information is required by law.
- The disclosure of private information is prior to a written consent of the party.
- The disclosure to a professional advisor and/or lawyer to obtain information and/or advice in any matter that may arise from this Agreement. This advisor is also to comply with Clause 3.
- The disclosure of private information is seen as imperative on a legal procedure that involves User’s breach of this Agreement.
- This clause will survive the end of this Agreement.
4.ACCOUNTS AND SERVICE LICENSE USE
By agreeing with these terms and conditions and the integrity of its clauses, you confirm to be at least 18 years old or to have your parent’s or legal guardian permission to access DividendHub, being, thereof, these terms agreed by them on your behalf.
4.1 Following Clause 4, being a legal guardian, you hereby agree to: (1) supervise the minor User activities in the application, being responsible to the account, as to its password and upkeep, as well as to any act of misusage of the account by you or the minor; (2) be responsible for all the risks and losses that may involve the usage of the Service (as advised in Clause 2.11); (3) ensure that the minor has knowledge of the events over his/her account; (4) advice the minor on all the risks in his or her use of the services; and (5) represent and consent in the name of the minor, including agreeing to these terms.
4.2 In accordance with Clause 1, if you are accepting this Agreement on behalf of a third party, it will be assumed that they know you are doing so, as you have the authority to bind this Agreement to them.
- DividendHub is not liable no responsible to any issues that may arise between the User and this third party concerning the utilization of DividendHub and its services.
4.3 By agreeing with these terms, you declare to be fully capable and responsible for maintaining the security of your personal data and account, safeguarding it, and assuming your responsibility on any activities that may occur under it, as well as in connection with it.
4.4 Providing false contact and account information may result in a breach of security.
4.5 Providing false may result (but not must) in the termination of your account if this Agreement is violated in any way.
4.6 The parties agree to warrant the provisions above (Clause 4) on each day on which the Agreement is still effective succeeding the payment of the Service License (paid licenses) or registration (free licenses).
4.7 This clause will survive the termination of this Agreement.
5. CONNECTION WITH OTHER APPLICATIONS AND SERVICES
Whilst DividendHub may provide you access to information concerning stocks and dividends, DividendHub is not, in any way, being it direct or indirect, implying approval, association, sponsorship, endorsement or affiliation with any linked resource, unless indicated otherwise. DividendHub is not, therefore, responsible, nor liable, for any inconvenient that may involve third parties and the User.
6.INTELLECTUAL PROPERTY
The User agrees that DividendHub owns all licenses to all intellectual property to its services (including copyright, but not limited to it) available within its application.
6.1 DividendHub has the right to change or remove features from is application as soon as it finds appropriate to the development of the application and the betterment of its services.
6.2 The SAAS Provider will have the obligation to notice users about updates and changes in the application.
6.3 In accordance with Clause 8, DividendHub has the reserved right to terminate User’s account if, in its own discretion, its proven that the User violated DividendHub Intellectual Property Rights or the Intellectual Property Rights of others;
6.4 This clause will survive the end of this Agreement.
7. UNAUTHORIZED ACCESS AND ACCOUNT TERMINATION
Any unauthorized access to your account must be immediately reported to DividendHub through its contact e-mail address (shown, below, in Clause 13), so that measures for the reestablishment of your account may be swiftly taken.
7.1 By accepting these terms and conditions, you agree to inform DividendHub of any breach of security as soon as you acknowledge it. DividendHub is not, in any way, responsible for unauthorized access to your account and any breach of your account security.
7.2 DividendHub is not responsible for the security of User’s account and password
- The Service will not be liable for any breach of security that may occur. By agreeing to these terms, you agree that the security of the account is of full responsibility and liability of the User, who is, therefore, responsible for any losses that it may result.
- The User may always request a new password or account information if lost. DividendHub may alter and update User account information and password if requested by the User.
7.3 DividendHub will not be responsible for acts or omissions by you, including damages that may incur as a result of those acts and omissions.
7.4 DividendHub may, according to its own discretion, suspend, disable, or terminate User’s account if it’s acknowledged any violated provision of these Agreement concerning User’s conduct and care to DividendHub reputation.
7.5 In extreme cases, if DividendHub terminate User’s account, DividendHub reserves the right to block your email address and internet protocol in order to prevent any further registration.
8. MISUSAGE OF THE LICENSE
8.1 Using the services for any unlawful purposes;
8.2 To request others to perform or participate in any kind of unlawful acts or in take part in unlawful purposes;
8.3 To violate any international, national, federal, provincial, state regulation, rules, or laws;
8.4 To violate DividendHub intellectual property rights or the intellectual property rights of others (third parties);
8.5 To, in any way, harass, abuse, insult, harm, defame, slander, disparage, intimidate, discriminate, based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
8.6 To submit false or misleading information concerning DividendHub services;
8.7 To upload or transmit viruses, malwares, or any malicious codes that will or may be used in any way to affect the functionality or operation of the DividendHub’ s services or third parties’ usage of the Service;
8.8 For any other immoral purpose; or
- DividendHub has the full discretion to interpret what an immoral purpose is, always following this Agreement guidelines.
8.9 To interfere with or circumvent any of the security features of the DividendHub.
8.10 To reveal another user password to others or utilize an account that is not of your own.
8.11 According to the proportion of the violation, DividendHub may (but not must) suspend or terminate User’s account.
9. SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding to the extent that they do not violate any applicable international, federal, provincial, or state regulation, rules, or laws, and are intended to be limited to the necessary extent.
9.1 If any portion of any provision of this Agreement is to be held illegal or unenforceable by a court of competent jurisdiction, it is the intention of both of the parties that the remaining provisions or portions thereof, shall constitute their Agreement with respect to the subject of matter, and all such remaining provisions or portions thereof shall remain in full force and effect, not rendering in any way this Agreement illegal, invalid, or unenforceable.
9.2 All rights and restrictions provided by Regulation EU 2016/679 will be applied to this Agreement.
9.3 This clause will survive the termination of this Agreement.
10. INDEMNIFICATIONS
Hereby, you agree to indemnify and hold DividendHub and its employees, suppliers, and licensors harmless from any liabilities, losses, damages or costs, incurred in connection with or arising from your usage of DividendHub or any third party allegation, claims, actions, disputes, or demands asserted against any of them as a result of, or related to your content and you usage of DividendHub, or any willful misconduct on your part.
11. JURISDICTION AND GOVERNING LAW
The formation, interpretation and performance of this Agreement or any disputes that may arise out of it shall be governed by the substantive and procedural laws of France, as well as by the European Union Data Protection Laws, provided by the Regulation EU 2016/679 or any other applicable non-renounceable legislation
11.1 The parties hereby agree not recur to judicial proceedings without first complying with Clause 11, unless:
- They are seeking urgent interlocutory relief.
- The arising dispute relates with this clause.
11.2 In the case of a dispute that may arise between the parties, both parties agree hereby to put all their efforts on negotiation and the proposition of an extrajudicial solution.
- Its primordial, before negotiation starts, that the discontent party notices, by written letter, the other party on the reasons of its discontent, proposing a resolution ("first notice").
- After first notice, the negotiation may occur formally or informally, by e-mail, through messages (letter or digital), through videoconferences or any other communication venue.
- Every meeting concerning the negotiation is to be confidential and restricted to the parties involved (managers and people with authority to reach a resolution).
- The parties agree to negotiate, in good faith, for at least 15 (fifteen) business days after the first notice is delivered.
11.3 If the parties are unable to reach a common resolution after 15 (fifteen) business days from the first notice, any party involved in the dispute can submit the dispute to mediation administered by the International Chamber of Commerce ("ICC"), based in France, and in accordance with the ICC statues and guidelines.
- Each party will bear its own costs.
- If mutually agreed, parties can assign other statues and mediation guidelines, as well as other chambers.
- If, after at least one mediation session, the conflict is not resolved, the parties have the right to (but not must) engage in a judicial procedure.
11.4 Despite the existence of a judicial proceeding, the parties must continue to comply with the clauses under this Agreement.
11.5 The exclusive jurisdiction seat and venue shall be a court located in Paris, France, and both parties hereby submit to the personal jurisdiction of those courts.
- Both parties hereby accept this provision and waive any possible right to access other jurisdiction.
- The United Nations Conventions on Contracts for the International Sale of Good ("CISG") does not apply to this Agreement.
- Any other national law is to be renounced by you, and is null, not being therefore applied to this Agreement.
- This clause will survive the termination of this Agreement.
12. AMENDMENTS TO THE AGREEMENT
12.1 DividendHub will promptly e-mail you to notify the terms and conditions update.
12.2 DividendHub will update the new terms and conditions version on its official website.
- Updated versions of these terms and conditions shall be effective by the moment it is publicized, unless specified otherwise.
- Use of the Service will depend in your consent to the new Agreement update
13.SUPPORT AND CONTACT INFORMATION
The parties hereby have the common obligation of communicating through the duration of this agreement. DividendHub may be contacted by its e-mail address "contact@dividend-hub.com".
13.1 During your license, DividendHub will provide you with the support you need regarding any concerns, questions, or complains.
13.2 DividendHub will do its best efforts to answer all concerns, questions and complains sent to its contact address in a maximum of 3 (three) business days, or 72 business hours.
13.3 By accepting these terms and conditions, the User acknowledges that it may contact DividendHub team using the e-mail informed in this Agreement to report errors of any kind, bugs, or unauthorized access to his or her account.
13.4 The User also agrees to provide all necessary information, when requested, about the error or fault affecting the usage of the application.
