Terms of Service

Last updated: December 26, 2024

Effective immediately upon use of the Service

1. Agreement to Terms

By accessing or using the Consensus Fragility Index ("CFI") service operated by Alphamesh ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Alphamesh.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE. Your continued use of the Service constitutes acceptance of these Terms and any future modifications.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Service at least thirty (30) days before taking effect. Your continued use after such notice constitutes acceptance of the modified Terms.

2. Eligibility

You must be at least eighteen (18) years of age to use this Service. By using the Service, you represent and warrant that:

  • You are at least 18 years old
  • You have the legal capacity to enter into a binding agreement
  • You are not prohibited from using the Service under applicable laws
  • You will comply with all applicable local, state, national, and international laws and regulations
  • If using on behalf of an organization, you have authority to bind that organization to these Terms

3. Description of Service

CFI is a research and data analytics tool that uses artificial intelligence to analyze publicly available information about market consensus regarding public companies. The Service provides:

  • Fragility scores based on AI analysis of market consensus
  • Thesis pillar identification and analysis
  • Contradiction detection within market narratives
  • Historical data and trend visualization

The Service is provided for informational and research purposes only. We do not guarantee the accuracy, completeness, timeliness, or availability of any information provided through the Service.

4. NOT Investment Advice - Critical Disclaimer

IMPORTANT - PLEASE READ CAREFULLY:

CFI IS NOT AN INVESTMENT ADVISORY SERVICE. ALPHAMESH IS NOT REGISTERED AS AN INVESTMENT ADVISER WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION (SEC), THE FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA), OR ANY STATE SECURITIES REGULATORY AUTHORITY.

All data, scores, analyses, and information provided through CFI are for informational and research purposes only and do not constitute:

  • Investment advice, financial advice, trading advice, or any other type of advice
  • A recommendation or solicitation to buy, sell, hold, or trade any securities or financial instruments
  • An offer to sell or a solicitation of an offer to buy any securities
  • A prediction, projection, or guarantee of future performance or results
  • Professional financial, legal, tax, or accounting advice

YOU ACKNOWLEDGE AND AGREE THAT:

  • Any investment decisions you make are solely your own responsibility
  • You should consult with qualified financial advisors, attorneys, and tax professionals before making any investment decisions
  • Past performance, historical accuracy, and fragility scores do not guarantee or predict future results
  • Investing involves substantial risk, including the possible loss of principal
  • You should not rely solely on CFI data when making investment decisions

5. AI-Generated Content Disclaimer

CFI uses artificial intelligence and machine learning technologies, including large language models (LLMs), to analyze data and generate insights. You understand and acknowledge that:

  • AI Limitations: AI systems can make errors, produce inaccurate or incomplete analyses, and may generate outputs that appear plausible but are factually incorrect ("hallucinations").
  • No Human Verification: AI-generated content is not individually reviewed, verified, or approved by human analysts before being displayed to users.
  • Training Data Limitations: AI models are trained on historical data with inherent cutoff dates and may not reflect the most current information or market conditions.
  • No Guarantee of Accuracy: We make no representations or warranties regarding the accuracy, reliability, or completeness of any AI-generated content.
  • Interpretive Nature: AI analysis involves interpretation of data and may reflect biases present in training data or algorithmic design.

YOU SHOULD INDEPENDENTLY VERIFY ALL INFORMATION OBTAINED FROM THE SERVICE BEFORE RELYING ON IT FOR ANY PURPOSE.

6. Third-Party Data and Sources

CFI aggregates and analyzes data from various third-party sources, including but not limited to news providers, financial data services, and publicly available information. You acknowledge that:

  • We do not independently verify the accuracy of third-party data
  • Third-party data may be delayed, incomplete, or contain errors
  • Third-party providers may change, discontinue, or restrict access to their data at any time
  • We are not responsible for the content, accuracy, or availability of third-party data
  • Market data may not be real-time and may be subject to delays

7. Forward-Looking Statements

The Service may contain forward-looking statements, projections, or analyses regarding potential future events or market conditions. These statements are based on current expectations and assumptions and involve known and unknown risks and uncertainties.

Actual results may differ materially from those expressed or implied in any forward-looking statements. We undertake no obligation to update forward-looking statements to reflect actual results or changes in expectations.

8. User Accounts

When you create an account, you agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Notify us immediately of any unauthorized access or security breach
  • Not share, transfer, or allow others to use your account
  • Accept responsibility for all activities that occur under your account
  • Use the Service only for lawful purposes consistent with these Terms

9. Acceptable Use Policy

You agree NOT to:

  • Scrape, copy, redistribute, resell, or commercially exploit CFI data without express written authorization
  • Present or redistribute CFI data as investment advice, trading signals, or recommendations
  • Attempt to reverse engineer, decompile, or discover the source code or algorithms of the Service
  • Circumvent, disable, or interfere with security features of the Service
  • Use the Service to violate any applicable laws, regulations, or third-party rights
  • Transmit viruses, malware, or other harmful code
  • Overload, flood, or otherwise impair Service infrastructure
  • Use automated systems (bots, scrapers) to access the Service without authorization
  • Impersonate any person or entity or misrepresent your affiliation
  • Use the Service for any illegal or unauthorized purpose

10. Subscription and Billing

For paid subscription plans:

  • Subscriptions automatically renew at the end of each billing period unless cancelled
  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of the current billing period
  • No refunds are provided for partial billing periods, except as required by law
  • We reserve the right to change pricing with at least thirty (30) days advance notice
  • You are responsible for all applicable taxes
  • Failed payments may result in service suspension or termination

Free tier users are subject to usage limitations as specified on the pricing page.

11. Intellectual Property

All content, features, functionality, software, algorithms, methodologies, and the "look and feel" of CFI are owned by Alphamesh or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial research purposes, subject to these Terms.

You may not copy, modify, distribute, sell, lease, or create derivative works based on any part of the Service without our express written permission.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALPHAMESH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
  • IMPLIED WARRANTIES OF NON-INFRINGEMENT
  • WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

ALPHAMESH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

  • INVESTMENT LOSSES, TRADING LOSSES, OR ANY FINANCIAL DAMAGES WHATSOEVER
  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
  • DAMAGES ARISING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE SERVICE
  • DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA
  • DAMAGES ARISING FROM SERVICE INTERRUPTIONS, ERRORS, OR OMISSIONS

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify, defend, and hold harmless Alphamesh and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Service
  • Any investment or financial decisions you make based on information from the Service
  • Your violation of any applicable laws or third-party rights
  • Any content or data you submit through the Service
  • Your negligence or willful misconduct

15. Dispute Resolution and Arbitration

Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@alphamesh.io to attempt to resolve the dispute informally within sixty (60) days.

Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, USA, unless otherwise agreed.

Class Action Waiver

YOU AND ALPHAMESH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court if the claim qualifies.

16. Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. For any matters not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

17. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees
  • Extended periods of inactivity
  • Request by law enforcement or government agencies

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive, including but not limited to: disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

18. Force Majeure

Alphamesh shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, strikes, power outages, telecommunications failures, or internet service provider failures.

19. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Alphamesh regarding the Service and supersede all prior agreements.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

Export Compliance

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country.

20. Contact Information

For questions about these Terms, please contact us at:

Alphamesh

Email: legal@alphamesh.io

General inquiries: info@alphamesh.io

By using CFI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.