TERMS OF USE

August 27, 2021

Welcome to Daizy!

These Terms of Use (Terms) outline the rules for using the services available through our website https://www.Daizy.com (Website), and the Daizy Application (Daizy App, Application, App) (together referred to as the Service).

The Service is operated by or on behalf of Daizy, Inc., (We, Us, Our, Daizy). By using the Service, you agree to be bound by these Terms and to comply with them. You should save or print a copy of these Terms for future reference.

Registering with Us

To access and use some elements of the Service (creating a portfolio for example), you must first create a Daizy account (Account) by completing the registration process available through the App or the Website.

You only need to register once.

To register, you must be at least 18 years of age.

You must provide Daizy with accurate, complete, and up to date contact information, and other information as Daizy requires. You are responsible for the information you provide to us. You must promptly update your account information if there are any changes to the information you have provided.

USERNAME AND PASSWORD

To create an Account, you may use an existing account of the following providers: Facebook, Google, Microsoft, or Apple or create a username and password to access your Account. You must always take all reasonable precautions to keep your username and password confidential and secure.

You are the only authorized user of your Account. You must not disclose your username or password to anyone else or allow anyone else to use your username or password to access or use your Account.

You are responsible for all activities that occur while using your username and password, as well as your Account. You must contact us immediately at security@Daizy.com  if you discover or suspect any unauthorized use or error in the operation of your username and password.

USE OF THE ACCOUNT

We are the owner or the licensor of all intellectual property rights in the Service, including all the material and content created by Daizy and published on the App or the Website (the “Content”). Such intellectual property is protected by copyright laws and treaties around the world. All such rights are reserved.

Upon registration of your Account, Daizy will grant you a limited, revocable, personal, non-sublicensable, non-exclusive, non-transferable and non-assignable license to access and use the Service for the purposes set forth in these Terms and no other purposes.

We may, with or without prior notice, temporarily suspend the operation of the Service to you if we believe there has been unauthorized access to your Account, or if we suspect it is being used for any unauthorized purpose, such as to gain unauthorized access to information or data linked to the Service.

In the event we become aware of any major operational or security incident affecting the Service, we will endeavor to notify you of the incident through App notification or email and advise you of measures you can take to mitigate the impact.

WHAT YOU CANNOT DO

You shall not access or use any of the Service provided by Daizy for any purpose beyond the scope of the access and use granted to you in these Terms. You are the sole authorized user of your Account. You shall not at any time, directly or indirectly, have the right or permit any other person or entity to:

  • rent, lease, lend, sell, license, sublicense, assign, distribute, publish, display, or otherwise transfer, convey or otherwise provide any copy or make available, or transfer or convey any right, title or interest in relation to the Service, the Content, or documentation forming a part of, or related to, the Service, the Content, or documentation (the “Documentation”);
  • modify, alter, enhance, reverse engineer, disassemble, decompile, decode, adapt, create derivative works or substantially derived forms of or from the Service, the Content or Documentation, or otherwise attempt to derive or gain access to any software component of the Service, in whole or in part;
  • remove any proprietary notices from the Service, the Content or Documentation;
  • access, use or take any action in respect of the Service, the Content, or Documentation in any manner that could damage, disable, overburden or impair the Service; or
  • use the Service, the Content or Documentation in any manner or for any purpose that violates any intellectual property rights or other rights of any person or entity, or that violates any applicable law.

DAIZY SERVICE

The Service provided by Daizy is described more fully on our Website. In part, the Service may involve accessing investment data you link to your account. This means that by using the Service, you agree that we may, either directly or through our Third-Party Service Providers (identified below), access, process, aggregate or analyze data you provide Daizy, from one or more broker or investment accounts (“Linked Accounts”) that you link to your account to provide the Services, such as: provision of information regarding your transactions and financial position across all Linked Accounts; responding to queries you have submitted through your Account concerning the Service; and having the authorization to notify you of certain activity concerning your Linked Accounts in the event you have requested such notifications.

ACCESSING YOUR LINKED ACCOUNTS

If you link a broker or investment account to your account, Daizy will receive your account information from our Third-Party Service Providers, which includes the following:

  • Plaid, Inc.

The information that we access and collect may include the following:

  • account information such as value of the portfolio.
  • Individual security holdings information such as security name, identifier, value, cost, currency, number of shares owned, dates of transactions.

Daizy reserves the right to add or change Third-Party Service Providers.

At no time ever will Daizy see or have access to the user credentials of your Linked Accounts.

We will endeavor to access and collect information from your Linked Account daily in order to refresh the financial information provided to you through your Account.

You may remove our access and use of a Linked Account from your Account at any time at your discretion.

Please note that our Service includes the provision of information obtained from your Linked Account providers. It is the responsibility of your Linked Account providers to ensure that the information and data in your Linked Account is accurate and up to date. We will not be responsible for any delays or errors caused by delays or errors in your Linked Account or by your Linked Account providers.

We cannot guarantee that your Linked Account providers will allow us to access all or any information from your Linked Accounts or that our Third-Party Service Providers will deliver to us accurate, and updated information and data. The information obtained from your Linked Account providers, and/or through our Third-Party Service Providers, is provided to you on an “as is” basis and therefore no assurances are made that such data is accurate or up to date, and we will not be liable for any loss, cost, damage or expense including, without limitation, reasonable attorneys’ fees and expenses you incur as a result of your reliance on that information and data.

You are responsible for reviewing any discrepancies between the financial information provided to you through our Service and information provided to you directly from your Linked Account providers. You should always check, review, and confirm the information in your Account with the information in your Linked Account.

Should you wish to rely on any information or data provided by the Service such that, if it were incomplete, inaccurate or out of date you could be prejudiced or otherwise harmed, you should check the information with the relevant Linked Account provider it has been obtained from.

Daizy Does Not Provide Financial or Investment Advice

DAIZY IS NOT AN INVESTMENT ADVISOR, FINANCIAL PLANNER, OR OTHER INVESTMENT PROFESSIONAL, NOR IS IT REGISTERED AS AN INVESTMENT ADVISOR, FINANCIAL PLANNER OR OTHER INVESTMENT PROFESSIONAL, WITH ANY GOVERNMENT OR REGULATORY BODY. IN PROVIDING THE SERVICE, DAIZY HAS NOT EVALUATED AND WILL NOT EVALUATE YOUR INVESTMENT GOALS, OBJECTIVES, PROFILE, OR FINANCIAL SITUATION OR CIRCUMSTANCES, AND DOES NOT MAKE RECOMMENDATIONS OR OFFER INVESTMENT ADVICE OF ANY TYPE OR KIND TO ANYONE.

THE SERVICE DOES NOT:

  • OFFER OR SOLICIT AN OFFER TO BUY OR SELL ANY INVESTMENT OR SECURITIES.
  • AND SHOULD NOT BE CONSTRUED AS ACTING TO SPONSOR, ADVOCATE, ENDORSE OR PROMOTE ANY INVESTMENT OR SECURITIES.
  • AND SHALL NOT BE CONSTRUED AS MAKING ANY RECOMMENDATION OR PROVIDING ANY INVESTMENT OR OTHER FINANCIAL ADVICE WITH RESPECT OF THE PURCHASE, SALE OR OTHER DISPOSITION OF ANY INVESTMENT OR SECURITIES INCLUDING, WITHOUT LIMITATION, WHETHER ANY PARTICULAR TRANSACTION IS APPROPRIATE OR SUITABLE FOR ANY INVESTMENT GOAL, OBJECTIVE OR FINANCIAL SITUATION OR CIRCUMSTANCES OF ANY INVESTOR, PROSPECTIVE INVESTOR, OR OTHER PERSON OR ENTITY.

A DECISION TO INVEST IN ANY REGULATED PRODUCTS, SECURITIES OR INVESTMENTS MAY INVOLVE MANY DIFFERENT FACTORS AND SHOULD NOT BE MADE IN RELIANCE ON ANY OF THE INFORMATION OR MATERIALS ON OR AVAILABLE THROUGH THIS WEBSITE OR FROM THE SERVICE.

BEFORE MAKING ANY INVESTMENT DECISION, INVESTORS AND PROSPECTIVE INVESTORS SHOULD CONTACT, DISCUSS AND SEEK ADVICE FROM THEIR INVESTMENT, FINANCIAL, LEGAL, TAX AND ACCOUNTING ADVISORS, TAKE INTO ACCOUNT THEIR INDIVIDUAL INVESTMENT GOALS, OBJECTIVES FINANCIAL AND TAX SITUATION AND CIRCUMSTANCES, AND CAREFULLY CONSIDER THE RISKS, CHARGES, AND EXPENSES ASSOCIATED WITH SUCH DECISION. NOTHING IN THIS WEBSITE, THE SERVICE OR THE CONTENT SERVES AS A RECEIPT OF, OR AS A SUBSTITUTE FOR PERSONALIZED PLANNING OR INVESTMENT ADVICE FROM YOUR ADVISORS.

YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE MERITS AND BEARING THE RISKS ASSOCIATED WITH THE USE OF THE SERVICE, ANY INFORMATION OR DATA GENERATED OR DERIVED FROM THE SERVICE, AND ANY CONTENT PROVIDED THROUGH THE SERVICE, BEFORE MAKING ANY DECISIONS BASED ON SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE INTEGRITY OF ANY INFORMATION OR DATA RECEIVED OVER THE INTERNET.

NEITHER DAIZY, ITS AFFILIATES, OR ANY THIRD-PARTY PROVIDER INVOLVED IN OR RELATED TO CREATING ANY INFORMATION MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR GUARANTEES, AND IN NO EVENT WILL DAIZY OR ANY SUCH AFFILIATE OR THIRD PARTY HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS) RELATING TO ANY INFORMATION.

YOU AGREE NOT TO HOLD DAIZY OR ANY THIRD-PARTY PROVIDER LIABLE FOR ANY POSSIBLE CLAIM FOR ANY LOSS DUE TO, INVOLVED WITH, OR ARISING FROM ANY DECISION YOU MAY MAKE BASED ON THE CONTENT OR OTHER INFORMATION OR DATA MADE AVAILABLE TO YOU THROUGH THIS WEBSITE OR THE SERVICE OR ANY THIRD-PARTY PROVIDER WEBSITES.

PAST PERFORMANCE DATA SHOULD NOT BE CONSTRUED AS INDICATIVE OF FUTURE RESULTS. NO INVESTMENT IS RISK-FREE, GUARANTEES A PROFIT OR PROTECTION FROM LOSS.  THEREFORE, DIFFERENT TYPES OF INVESTMENTS INVOLVE VARYING DEGREES OF RISK, AND THERE CAN BE NO ASSURANCE THAT THE FUTURE PERFORMANCE OF ANY SPECIFIC INVESTMENT, INVESTMENT STRATEGY, OR PRODUCT WILL BE PROFITABLE, EQUAL ANY CORRESPONDING INDICATED HISTORICAL PERFORMANCE LEVEL(S), BE SUITABLE FOR YOUR PORTFOLIO OR INDIVIDUAL SITUATION, OR PROVE SUCCESSFUL.

Modification, Suspension, and Termination

We reserve the right at any time to:

  • Change these terms and conditions;
  • Change the Service, including eliminating or discontinuing any content or feature of the Service; or
  • introduce fees, charges or other conditions for use of the Service or parts thereof (with reasonable notice).

We may modify the Service at any time without prior notice, and you accept those modifications if you continue to use the Service. You should check the Website frequently to see recent changes.

Daizy may, from time to time, restrict access to certain features, parts or Content of the Service, or even all the Service, to users who have registered with us.

Daizy shall not be liable to you or any third party for any loss incurred due to or arising from the suspension or termination of the Service, or the Content, your access and use of the Service, or the Content, or any other loss involving or related to any such suspension or termination.

You agree that, without notice, Daizy may terminate these Terms or suspend or terminate your access to the Service, with or without cause at any time and effective immediately. These Terms will terminate immediately without notice from Daizy if you fail to comply with any provision of these Terms. Daizy shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to such termination or suspension. Daizy and/or the Third-Party Data Providers may discontinue or modify the service or data, or any portion thereof, at any time. You release and agree to indemnify and hold harmless Daizy, and the Third-Party Providers, for any loss or damages arising from or relating to such discontinuation or modification.

We have the right to investigate, inspect, and enforce the restrictions, limitations, covenants, and agreements contained in these Terms, and you agree to provide reasonable assistance and cooperation with such investigation, inspection and enforcement, and to promptly notify us of any known violations of such restrictions, limitations, covenants and agreements.

We reserve the right to modify, suspend or terminate these Terms or your access to the Service with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify suspend or terminate these Terms or your access to the Service. If you object to any such changes, your sole recourse will be to cease access to the Service. Continued access to the Service following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as so modified. You agree that we may immediately terminate your access to the Service at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY MODIFICATION, SUSPENSION, OR TERMINATION OF YOUR ACCESS TO THE SERVICE.

Intellectual Property Rights

You acknowledge and agree that the Service, documentation, and all its Content including, software, data, information, calculations, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related to the Website and Services (the “Daizy Assets”), are the exclusive property of Daizy.

No title to any of the Daizy Assets is sold or transferred as a result of these Terms. Your rights under these Terms are strictly limited as set forth in these Terms.  We reserve any and all rights not expressly and explicitly granted in these Terms, including our right to license the Service to one or more third persons and entities in our sole and absolute discretion at any time and from time to time on the same or different terms.

External Links

The Service may, from time to time, include links to external sites, which may include links to third-party content, data, offers, and promotions. We include these to provide you with access to information, products, or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.

 External Data Sources

The Service uses external data sources provided by Third-Party Data Providers to provide stock and market data. These sources include:

  • Iexcolud.com
  • Metals-API
  • EODhistoricaldata.com
  • RapidAPI
  • MSCI
  • UN PRI Academic Data
  • Coin Market Cap
  • SocialSentiment.io
  • SerpAPI
  • Robinhood
  • StockTwits

Third-Party Data Provider Additional Terms 

MSCI ESG Data Disclosures

Certain information contained herein (the “Information”) has been calculated using or provided by MSCI ESG Research LLC, a Registered Investment Adviser under the Investment Advisers Act of 1940, and may include data from its affiliates (including MSCI Inc. and its subsidiaries (“MSCI”)), or third-party suppliers (each an “Information Provider”), and it may not be reproduced or re-disseminated in whole or in part without prior written permission.

The Information has not been submitted to, nor received approval from, the US SEC or any other regulatory body. The Information may not be used to create any derivative works, or in connection with, nor does it constitute, an offer to buy or sell, or a promotion or recommendation of, any security, financial instrument or product or trading strategy, nor should it be taken as an indication or guarantee of any future performance, analysis, forecast or prediction.

Some funds may be based on or linked to MSCI indexes, and MSCI may be compensated based on the fund’s assets under management or other measures. MSCI has established an information barrier between equity index research and certain Information. None of the Information in and of itself can be used to determine which securities to buy or sell or when to buy or sell them.

The Information is provided “as is” and the user of the Information assumes the entire risk of any use it may make or permit to be made of the Information. Neither MSCI ESG Research nor any Information Party makes any representations or express or implied warranties (which are expressly disclaimed), nor shall they incur liability for any errors or omissions in the Information, or for any damage related thereto.

You agree not to redistribute MSCI ESG data in any form or manner to any third party.  Use of MSCI  ESG data shall only be used by you for personal, non-commercial use.

  • You agree not to use or permit anyone else to use MSCI ESG data to create any securities products or indices based on MSCI ESG data or any portion thereof.
  • You agree to treat MSCI ESG data as proprietary to MSCI, Inc. (“MSCI”) and/or their affiliates, and/or their third-party providers.  You acknowledge that MSCI, and/or their affiliates, and/or their third-party providers are the sole and exclusive owners of MSCI ESG data (including all trade secrets, copyrights, trademarks and other intellectual property rights in or to MSCI ESG data).
  • You will not (i) alter, modify or adapt any component of MSCI ESG data, including, but not limited to, translating, decompiling, disassembling, reverse engineering or creating derivative works; or (ii) use MSCI ESG data to verify the accuracy of other data or to correct such other data; or (iii) resell or otherwise transfer or make MSCI ESG data, or any part or component thereof, available to any other person directly or indirectly, for any of the foregoing or for any other use, including, without limitation, by loan, rental, service bureau, external time sharing or similar arrangement.
  • You shall acknowledge that (i) MSCI may, in its sole and absolute discretion and at any time, terminate your right to receive and/or use MSCI ESG data; and (ii) provision of the MSCI ESG data is subject to termination in the event that the relevant agreement between DAIZY and MSCI is terminated in accordance with its terms.
  • You acknowledge that MSCI as a third-party beneficiary of these Terms, entitled to enforce all provisions relating to MSCI ESG data.

Our Liability

NEITHER DAIZY NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS, SPONSORS, INFORMATION PROVIDERS NOR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SERVICE ARE LIABLE FOR LOST PROFITS, LOST SAVINGS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH DAIZY. SUCH LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, EVEN IF DAIZY, ITS INFORMATION PROVIDERS, OR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY PART OF THE SERVICE HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO DAIZY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICE DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM. IN NO EVENT SHALL DAIZY, ITS INFORMATION PROVIDERS OR ANY THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SERVICE BE LIABLE TO YOU, OR ANY OTHER PERSON, FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR YOUR INABILITY TO USE THE SERVICE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. 

Indemnification

As a condition of your use of the Service, you agree to indemnify, defend and hold Us, our officers, directors, employees, agents, representatives, information providers, and any other third party involved in or related to the making or compiling of the Service harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of these Terms; (b) your use or any third party’s use of, or inability to use, the Service; or (c) your violation of the rights of any third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

 General

You may not transfer or assign any or all your rights or obligations under these Terms.  We may transfer or assign our rights and obligations to an affiliate of ours.

All notices given by you to us must be given in writing to the address set out at the beginning of these Terms, or as may be otherwise provided to you in connection with the Account. We may give notice to you at the email address you provide to us when signing up for an Account, and as may be revised.

If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

These Terms, together with any other documents referenced by these Terms, constitute the entire agreement regarding the terms of use between Daizy and you and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.

These Terms of Use, their subject matter, and their formation, are governed by Delaware law. You and we both agree that the courts of the State of Delaware will have exclusive jurisdiction over any legal proceedings.

We reserve the right to update and change our Service from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

All Service restrictions, disclaimers and limitations of liability set forth in these Terms, as well as all representations, warranties, covenants, and agreements made by you in these Terms shall survive the termination of these Terms.

 CONTACTING US AND COMPLAINTS

If you have questions, ideas, concerns, feedback or complaints regarding these Terms or the Service, please contact us via email at privacy@Daizy.com