Supertake

SUPERTAKE TERMS OF SERVICE

Date of Last Revision: August 31, 2026

Acceptance of These Terms of Service

Supertake, Inc. (“Supertake,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at https://supertake.com (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

Supertake is not currently a broker-dealer or investment adviser, and Supertake has no control over the execution, clearing, or custody of any securities transaction in your brokerage account. Nothing in the Service shall constitute an offer to buy, or solicitation of an offer to sell, any security, product, or strategy, regardless of whether such security, product, or strategy is referenced in the Service. Furthermore, nothing in the Service is intended to provide, nor should be construed as, advice, an endorsement of, or a recommendation to buy, sell, or hold any investment, security, or other financial instrument, or to engage in any investment strategy or transaction. None of your activity on or through this website is insured by the FDIC, SIPC, or otherwise.

Nothing in the Service is intended to constitute legal, tax, accounting, or investment advice. All investments involve risk, including loss of principal, and past performance of a security, financial product, or strategy does not guarantee future results. You shall not use anything on this Service to form the basis of any investment decision. Supertake does not represent that the securities, products, or strategies discussed in the Service are suitable for any particular user. You are solely responsible for determining whether any investment, investment strategy, security, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. You should consult your financial advisor, attorney, or tax and accounting advisor regarding your specific situation.

Supertake does not manage assets or effect transactions in securities. Supertake does not control or monitor the operation or conduct of any other third-party broker-dealer, investment adviser, investment platform, or exchange. Supertake content and information is not intended to, nor should you use it to, supplant your decision-making on what action to take, if any, with regard to investing in financial markets. Supertake shall not be liable for any damage or cost of any type arising out of or in any way connected with your use of the Service or of any third party.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SUPERTAKE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

IN ADDITION, THE SERVICE AND ALL INFORMATION MADE AVAILABLE THROUGH THE SERVICE (INCLUDING ANY OUTPUT GENERATED BY OR THROUGH ARTIFICIAL INTELLIGENCE AND ANY CONTENT PUBLISHED OR SHARED BY OTHER USERS) ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE INVESTMENT, FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE. INVESTING INVOLVES RISK, INCLUDING THE POSSIBLE LOSS OF PRINCIPAL.

Your Privacy: At Supertake, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://supertake.com/privacy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Service Description: The Service is designed to provide its users with tools to invest in investment ideas, strategies, takes and/or theses (collectively, “Investment Ideas”). Among other things, the Service may use artificial intelligence, machine learning, and similar technologies (collectively, “AI Technology”) to generate lists of equities or other assets relating to an Investment Idea that you submit, and may refresh or update those outputs from time to time or on an ongoing basis. Any Investment Ideas, lists, analyses, forecasts, scores, summaries, or other output generated by or through AI Technology (collectively, “AI Output”) constitute Service Content (as defined below).

By creating an Investment Idea and instructing Supertake to submit your trade instructions to your brokerage account, you acknowledge and agree that: (i) Supertake is solely providing a technological interface that facilitates the transmission of your AI-generated trade proposals and, where applicable, trading instructions to your brokerage account via API; (ii) Supertake is not a broker-dealer and is not effecting any securities transaction — all execution, clearing, and custody of securities is handled exclusively by your broker; (iii) by approving a trade proposal (or by activating Autopilot mode), you are explicitly and solely instructing Supertake to transmit your instructions to your broker, and you are solely responsible for those instructions; and (iv) Supertake does not have discretion to, and will not, alter any trade proposal or instruction once submitted by you or executed through Autopilot within the parameters you have set.

You are solely responsible for selecting, approving, and reviewing any investment strategy or trade proposal generated by the Service. The AI-generated investment strategies and trade proposals provided by the Service are not personalized investment advice. Supertake is not your financial adviser, broker, or fiduciary.

Practice Mode: The Service may include an optional practice or simulation mode (“Practice Mode”) that allows you to create, operate and monitor an Investment Idea or portfolio using simulated funds rather than actual money. Practice Mode may use actual or delayed market data and the same AI Technology, monitoring and other features of the Service that are available for Investment Ideas operated with actual funds, but no brokerage account connection is required or used, no trade instructions are transmitted to any broker-dealer or custodian and no actual securities or other assets are purchased, sold or held on your behalf. Simulated funds, holdings, balances and results in Practice Mode are hypothetical. Results generated in Practice Mode do not reflect actual trading and have inherent limitations, including that they do not reflect brokerage execution, fees, commissions, taxes, liquidity constraints or the impact that actual market conditions, or your own behavior when actual money is at risk, would have had on real investment decisions, and they may differ materially from results that would have been achieved with actual funds. Neither actual nor simulated past performance is a guarantee or indicator of future results. If you elect to publish an Investment Idea or portfolio operated in Practice Mode, it may be displayed publicly alongside Published Content and may be labeled or otherwise identified as practice or simulated, and you agree not to present Practice Mode results as actual trading results or to treat any other user's practice or simulated results as actual trading results. The section titled "Investment and AI Disclosures" applies equally to your use of Practice Mode.

Your Registration Obligations: You may be required to register with Supertake or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You further acknowledge that the Service (including any AI Output) may rely on information that you provide, and that the outputs and other features of the Service may be inaccurate, incomplete, or less relevant to you if the information you provide is inaccurate, incomplete, or not kept current. If you are under 18 years of age, you are not authorized to use the Service, with or without registering. By using the Service, you represent and warrant that you have the legal capacity to enter into a binding contract with Supertake.

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Supertake of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Supertake and its current and future affiliates (collectively, “Supertake Affiliates”) will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service: Supertake reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Supertake and Supertake Affiliates will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Supertake may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Supertake’s or its third-party service providers’ servers on your behalf. You agree that Supertake has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Supertake reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Supertake reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Investment and AI Disclosures

No Investment Advice: The Service and the Service Content (including any AI Output) are provided for informational and educational purposes only. Nothing on or made available through the Service constitutes, or should be construed as, investment, financial, legal, tax, accounting or other professional advice, or a recommendation, endorsement, offer, or solicitation to buy, sell or hold any security, digital asset or other instrument or to pursue any investment strategy or transaction. Any list of equities or other assets generated by the Service in response to an Investment Idea that you submit is generated algorithmically based on the inputs you provide and other data available to the Service, is not based on a review of your individual financial circumstances and does not constitute a determination or recommendation that any investment, strategy or transaction is suitable or appropriate for you. You are solely responsible for evaluating the merits and risks associated with the use of the Service and the Service Content and for all investment decisions that you make, and you should consult a qualified financial, legal, tax or other professional adviser regarding your specific circumstances before making any investment decision.

Advisory and Brokerage Services: Supertake is not a bank or a broker-dealer, and Supertake does not provide brokerage, execution, clearing, settlement or custody services. Neither Supertake nor any Supertake Affiliate acts as your investment adviser, broker or fiduciary, and no advisory, fiduciary or similar relationship is created by these Terms of Service or by your access to or use of the Service. Supertake does not currently accept compensation for the investment-related functionality of the Service, and this Section will be revisited, and updated as appropriate, if and when that changes, including in connection with any future registration as an investment adviser. Where the Service connects to your brokerage account, Supertake is merely providing a technological linkage to allow you to transmit the trade instructions you created with AI to your brokerage account. Supertake does not hold, move, or have custody of your money or securities at any time. All assets remain in your brokerage account, and your broker serves as the broker-dealer and custodian of record for all transactions. Supertake has no ability or right to, and will not, alter or amend in any way your relationship with your broker or any trade order or instruction once it has been transmitted to your broker. Supertake is not responsible for any action or inaction by your broker in connection with any trade order transmitted through the Service.

Investment Risks: All investments involve risk, and the value of any investment may fluctuate, so that you may lose some or all of the amount invested. Past performance is not a guarantee of, and may not be indicative of, future results, and no representation or warranty is made that any investment, Investment Idea, strategy or AI Output will achieve any particular objective, performance or result. Any historical, hypothetical, projected or backtested performance information made available through the Service has inherent limitations, may be based on assumptions that prove incorrect, does not reflect actual trading or the impact of fees, taxes or market conditions and should not be relied upon as an indicator of future performance. Investments in securities and other assets identified by or made available through the Service are not bank deposits, are not insured by the Federal Deposit Insurance Corporation, are not guaranteed by any bank or governmental agency and may lose value.

AI-Generated Content: You acknowledge that AI Output is generated through automated, probabilistic systems and that, given the nature of artificial intelligence and machine learning, AI Output may be inaccurate, incomplete, outdated, biased or otherwise unreliable, and may not reflect current market conditions, prices or events, notwithstanding any feature of the Service designed to refresh or update AI Output on a real-time or ongoing basis. Without limiting the foregoing, AI Output may omit equities or other assets relevant to an Investment Idea, may identify equities or other assets that do not in fact relate to such Investment Idea and may produce different outputs in response to the same or similar inputs. Supertake does not review, verify, endorse or adopt AI Output before it is made available to you. You agree to independently evaluate and verify any AI Output before relying on it, and you agree not to rely on any AI Output as a substitute for your own independent research and judgment or for the advice of a qualified professional adviser.

Market Data and Third-Party Information: The Service may display, incorporate or make available quotes, prices, market data, news, research, ratings, analyses and other information obtained from third party sources. Such information is provided on an “as is” basis, may be delayed or inaccurate, and is not guaranteed by Supertake or any Supertake Affiliate to be accurate, complete, current or provided in the correct sequence. Neither Supertake nor any Supertake Affiliate will be liable for any errors, omissions, delays or interruptions in any such information, or for any actions you take in reliance thereon.

Brokerage Account Connectivity and Robinhood API Access:

Supertake provides a feature through which you may connect the Service to your Robinhood brokerage account using Robinhood's OAuth authorization process ("Robinhood Account Link"). The Robinhood Account Link enables Supertake to (i) read your current positions and account information, and (ii) transmit your trade orders into your designated Robinhood agentic account, all in accordance with your instructions. You understand that your relationship with Robinhood is entirely independent of your relationship with Supertake and is governed solely by the agreements you have in place with Robinhood. Supertake may support API access to additional broker-dealers in the future. For any supported broker, you understand that your relationship with your broker is entirely independent of your relationship with Supertake and is governed solely by the agreements you have in place with your broker.

You understand that Supertake is not a broker-dealer and is not authorized to act as your agent or on your behalf in any capacity beyond the technical transmission of instructions that you have approved (or that you have authorized through Autopilot settings). Supertake does not hold, move, or custody your money or securities at any time. All assets remain in your brokerage account, and your broker serves as the broker-dealer and custodian of record.

You understand that Supertake has no ability or right to, and will not, alter or amend in any way your relationship with your broker, or any trade order or instruction once it has been transmitted to your broker. You understand that Supertake does not provide any functionality regarding the ability to purchase or sell securities that is not otherwise provided by your broker through its API. Supertake does not control or monitor your broker's execution of any order, and Supertake is not responsible for any action or inaction by your broker.

You are solely responsible for all instructions transmitted to your broker account through the Service, whether submitted through your explicit per-trade approval or through the Autopilot feature. Supertake will not review, verify, validate, or otherwise confirm the investment merits of any trade transmitted through the Robinhood Account Link or other brokerage link, as applicable. Supertake has no obligation to accept, transmit, or complete any trade instruction. Without limitation of the foregoing, Supertake has no responsibility for inaccurate, erroneous, cancelled, or duplicate transmissions, or transmissions that are not received or are delayed for any reason. Please consult your financial representative or your broker before authorizing any trade through the Service.

You may revoke Supertake's access to your brokerage account at any time through the account settings in the Service or through your broker's own authorization or API management tools. Upon revocation, Supertake will no longer be able to read your positions or transmit trade instructions to your brokerage account on your behalf.

Autopilot Feature

The Service offers an optional "Autopilot" feature through which the AI-generated trade proposals generated from the strategy you previously approved may be transmitted to your brokerage account and executed without your per-trade approval, subject to the dollar-amount cap and other parameters you set at activation ("Autopilot"). By activating Autopilot, you are providing standing, pre-authorized instructions to Supertake to transmit trade proposals to your broker within those parameters on your behalf. You acknowledge and agree that:

  1. The Autopilot feature does not make Supertake a broker-dealer, investment adviser, or discretionary portfolio manager. Supertake is solely executing your standing instructions as you have configured them, not exercising independent discretion over your assets;

  2. All trades executed through Autopilot remain subject to your broker's execution, clearing, and custody, and Supertake has no control over whether your broker accepts, executes, or rejects any order;

  3. You are solely responsible for setting, monitoring, and adjusting your Autopilot parameters, and for the results of any trade executed under those parameters;

  4. You may disable Autopilot at any time through the Service, and your standing Autopilot authorization will also end upon any revocation of the Robinhood Account Link or other brokerage link, as applicable, or any termination of your account or these Terms of Service, but Supertake has no ability to cancel or reverse any trade order already transmitted to and accepted by your broker; and

  5. Supertake does not guarantee that Autopilot will perform as intended in all market conditions, and past performance of any AI-generated strategy does not guarantee future results.

Social Features; Published Content

Publishing and Public Visibility: The Service may include social and community features that allow you to create a user profile and to publish or share Investment Ideas, portfolios, commentary, performance information and other User Content (as defined below). Any User Content that you elect to make available to other users or the public is referenced herein as “Published Content”. Published Content, together with your profile information (such as your chosen display name, username or handle, photograph and biography), may be viewed by other users and by members of the public, including through publicly accessible web pages, links and previews that may be viewed, shared or reposted on or off the Service and that may be indexed by search engines, and copies of Published Content that have been shared by others may remain viewable after you remove or unpublish the original. You should not publish any User Content that you wish to keep private, and you are solely responsible for the User Content that you choose to publish. Supertake may (but is not obligated to) label, reformat, aggregate or append disclosures or disclaimers to any Published Content, and may remove or restrict any Published Content at any time.

License to Other Users: By making any User Content available as Published Content, you grant each user and viewer of the Service a non-exclusive, worldwide, royalty-free license to access and view such Published Content, and to use, reproduce, share and create derivative works of such Published Content, in each case as enabled by the ordinary functionality of the Service (including any feature that permits a user to copy, adapt or build upon (“fork”) another user’s Published Content and to operate, modify, fund and republish the result). As between you and any other user of the Service, any modifications or additions that such other user contributes to a fork or other derivative work through such features constitute that user’s own User Content, and this license does not transfer ownership of your underlying Published Content.

No Advice or Endorsement: Published Content and other User Content reflect the views, opinions, activities and results of the users who create them, and not those of Supertake or any Supertake Affiliate. Supertake does not review, verify or endorse any Published Content, and Published Content does not constitute investment, financial, legal, tax or other professional advice, or a recommendation or solicitation by Supertake, any Supertake Affiliate or the publishing user to buy, sell or hold any security or other asset or to pursue any investment strategy or transaction. Any decision to view, follow, replicate or otherwise act upon another user’s Published Content is made at your sole risk, and the section above titled “Investment and AI Disclosures” applies equally to your use of any Published Content. Performance information included in Published Content is not verified or audited by Supertake and may reflect simulated Practice Mode results rather than actual trading.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Supertake, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Supertake. Supertake reserves the right to investigate and take appropriate legal action against anyone who, in Supertake’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

  1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Supertake, is objectionable or which restricts or inhibits any other person from using or enjoying the Service or which may expose Supertake or its users to any harm or liability of any type;

  2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

  3. violate any applicable local, state, national, or international law, or any rule, guidance, or regulations having the force of law (“Laws”);

  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  5. solicit personal information from anyone under the age of 18;

  6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

  8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

  9. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;

  10. use the Service or any Service Content (including any AI Output) in violation of any applicable securities, commodities or other financial services Laws, or to engage in, facilitate or further market manipulation, insider trading, fraud or any other deceptive or manipulative act or practice;

  11. upload or otherwise submit to the Service any material, non-public information or any other information that you are not authorized or lawfully permitted to disclose or use;

  12. use the Service or any Service Content (including any AI Output) to develop, train, improve or benchmark any artificial intelligence, machine learning or similar model, tool or technology, or to develop, offer or improve any product or service that competes with the Service;

  13. attempt to extract, discover or reverse engineer any model, algorithm, prompt, system or training data underlying any AI Technology, or manipulate, interfere with or circumvent any AI Technology, including by submitting inputs designed to cause the Service to generate AI Output in a manner inconsistent with these Terms of Service or the intended operation of the Service;

  14. publish or share any false, misleading or manipulated information or results, or present any simulated or hypothetical results as actual results;

  15. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or

  16. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.

If you are blocked by Supertake from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Competitors: No employee, independent contractor, agent, or affiliate of any competing company is permitted to view, access, or use any portion of the Service without express written permission from Supertake. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Supertake or any Supertake Affiliate, or acting on behalf of a competitor of Supertake or any Supertake Affiliate in using or accessing the Service.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes. The Service is for your personal use.

Fees: Supertake does not currently charge, and does not currently receive, accrue, or become entitled to, any subscription fee, commission, or other direct or indirect compensation for the AI-powered Investment Idea or portfolio intelligence features of the Service. Should Supertake begin charging for such features in the future, this Section will be updated accordingly, and your continued use of the Service following such update will be subject to the terms then in effect. For the avoidance of doubt, Supertake has no ability or authority to set, alter, amend, or cancel any fee charged by any third party, including your broker.

Mobile Services and Software

Mobile Services: The Service includes certain services that are available via a mobile device, including (a) the ability to upload content to the Service via a mobile device, (b) the ability to browse the Service and the Site from a mobile device, and (c) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Telephonic Communications Services: By using the Service and providing us with your telephone number(s), you are consenting to be contacted by Supertake or Supertake Affiliates or their partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational, or another purpose, even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of Supertake or Supertake Affiliates or their partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Supertake or Supertake Affiliates or their partners for marketing or solicitation purposes to purchase Supertake’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Supertake or Supertake Affiliates or their partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Supertake account information to ensure that your messages are not sent to a person that acquires your old telephone number.

There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

By reply to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.

You may also be able to invite others to use the Service through the communications Services by providing the numbers of those you want to invite or by selecting the individuals you want to invite from your contacts list (if you have uploaded one), and taking the actions to send those individuals an invitation call or message. By inviting others to use the Service using this functionality, you represent to us that those you invite consent to receive the invitation calls or messages and that you are authorized to convey that consent to us.

Mobile App License: Subject to these Terms of Service, Supertake hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Supertake, Supertake Affiliates, and their licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Supertake.

Special Notice for International Use; Export Controls: Supertake is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the Laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export Laws. Downloading, accessing, or using the Software or Services is at your sole risk.

Third-Party Distribution Channels: Supertake offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

  • Supertake and you acknowledge that these Terms of Service are concluded between Supertake and you only, and not with Apple Inc. (“Apple”), and that as between Supertake and Apple, Supertake, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.

  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.

  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Supertake’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

  • Supertake and you acknowledge that Supertake, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

  • In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Supertake and Apple, Supertake, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

  • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Supertake as follows:

Email: support@supertake.com

Mailing Address:
817 Broadway

New York, New York 10003

  • You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.

  • Supertake and you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Supertake only, and not with Google LLC (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Supertake, and not Google, is solely responsible for Supertake’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Supertake’s Google-Sourced Software.

Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found in the Software documentation or the applicable settings, help, legal, notice, or about menu or source files. If required by any license for particular open source software, Supertake makes such open source software, and Supertake’s modifications to that open source software (if any), available by written request to support@supertake.com. Copyrights to the open source software are held by the respective copyright holders indicated therein.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service may contain content or features (including AI Output) (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and Laws. Except as expressly authorized by Supertake, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The Supertake name and logos are trademarks and service marks of Supertake (collectively the “Supertake Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Supertake. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Supertake Trademarks displayed on the Service without our prior written permission in each instance. All goodwill generated from the use of Supertake Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Supertake or any Supertake Affiliate be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Supertake does not pre-screen content, but that Supertake and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Supertake and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Supertake, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title, and interest in and to, or have all rights, licenses, consents and permissions necessary to grant the licenses set forth in these Terms of Service with respect to, your User Content, including all copyrights and rights of publicity contained therein. The foregoing representation and warranty does not apply to Published Content of other users that is incorporated into your User Content solely as enabled by the ordinary functionality of the Service (such as through any fork feature), which remains subject to the section above titled “License to Other Users.” You hereby grant Supertake and Supertake Affiliates, and their successors and assigns, a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content (including any name, username, voice, image or likeness incorporated therein or otherwise provided by you), in any form, medium or technology now known or later developed, (a) in connection with the operation of the Service; (b) to provide, develop and improve the Service and other offerings of Supertake and/or Supertake Affiliates; and (c) as otherwise set forth in our Privacy Policy. You also agree that Supertake may remove metadata associated with your User Content and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content. You assume all risk associated with your User Content and the transmission of your User Content and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content.

You hereby authorize Supertake and Supertake Affiliates and their third-party service providers to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). Supertake and Supertake Affiliates may use Usage Data for any purpose in accordance with applicable Law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Supertake or any Supertake Affiliate are non-confidential and Supertake and Supertake Affiliates will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Supertake may preserve User Content and may also disclose User Content if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable Law, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Supertake, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Supertake respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Supertake of your infringement claim in accordance with the procedure set forth below.

Supertake will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property Laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Supertake’s Copyright Agent at support@supertake.com (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail or facsimile at: 817 Broadway, New York, New York 10003.

To be effective, the notification must be in writing and contain the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;

  • identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;

  • identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the Law; and

  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the Law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;

  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and

  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Southern District of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Supertake will send a copy of the counter-notice to the original complaining party informing them that Supertake may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Supertake or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable Law, Supertake has adopted a policy of terminating, in appropriate circumstances and at Supertake’s sole discretion, the accounts of users who are deemed to be repeat infringers. Supertake may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store, and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage, and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Supertake has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Supertake or any Supertake Affiliate, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Supertake enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Supertake and Supertake Affiliates will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

To the extent permitted under applicable Law, you agree to defend, indemnify, and hold harmless Supertake and Supertake Affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Supertake Parties”), from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, including the Robinhood Account Link or any other brokerage link and any use of the Autopilot feature by you or by anyone else using your account credentials, any User Content, your investment decisions or transactions, your connection to the Service, your violation of these Terms of Service, your violation of any Laws, or your violation of any rights of another. Supertake will provide notice to you of any such claim, suit, or proceeding. Supertake reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Supertake’s defense of such matter. You may not settle or compromise any claim against the Supertake Parties without Supertake’s written consent.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SUPERTAKE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE SUPERTAKE PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY SERVICE CONTENT (INCLUDING ANY AI OUTPUT), MARKET DATA OR OTHER INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT OR RELIABLE.

SUPERTAKE IS NOT CURRENTLY AN INVESTMENT ADVISER, BROKER-DEALER, FINANCIAL PLANNER, OR FIDUCIARY, AND THE SERVICE IS NOT INVESTMENT ADVICE. SUPERTAKE IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS A RESULT OF YOUR USE OF ANY AI-GENERATED STRATEGY, TRADE PROPOSAL, INFORMATION, OR ANALYSIS PROVIDED VIA THE SERVICE. SUCH INFORMATION AND ANALYSIS IS DESIGNED TO SUPPLEMENT OTHER SOURCES OF INFORMATION AND IS NOT INTENDED TO REPLACE YOUR INDEPENDENT JUDGMENT AND DISCRETION. YOU ACCEPT RESPONSIBILITY FOR, AND ACKNOWLEDGE THAT YOU EXERCISE YOUR OWN INDEPENDENT JUDGMENT IN YOUR USE OF THE AI-GENERATED STRATEGIES, TRADE PROPOSALS, INFORMATION, AND ANALYSIS PROVIDED VIA THE SERVICE. SUPERTAKE DOES NOT ENDORSE ANY PARTICULAR ASSET, STRATEGY, ASSET MANAGER, BROKER, OR BROKERAGE SERVICE AND DOES NOT GUARANTEE ANY OUTCOMES. SUPERTAKE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY AI-GENERATED STRATEGY, TRADE PROPOSAL, INFORMATION, OR ANALYSIS PROVIDED VIA THE SERVICE. THERE IS NO SUITABILITY REVIEW CONDUCTED BY SUPERTAKE WITH RESPECT TO ANY TRADE OR STRATEGY.

WITHOUT LIMITING THE FOREGOING, THE SUPERTAKE PARTIES DO NOT WARRANT OR GUARANTEE THE PERFORMANCE OF ANY INVESTMENT, INVESTMENT IDEA, AND ANY USE OF OR RELIANCE ON THE SERVICE, THE SERVICE CONTENT OR ANY AI OUTPUT IN CONNECTION WITH ANY INVESTMENT DECISION IS AT YOUR SOLE RISK. AI OUTPUT IS GENERATED BY AUTOMATED SYSTEMS, MAY CONTAIN ERRORS, OMISSIONS OR INACCURACIES AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SUPERTAKE PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SUPERTAKE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (E) YOUR INVESTMENT DECISIONS OR TRANSACTIONS, ANY INVESTMENT LOSSES OR RESULTS OR YOUR USE OF OR RELIANCE ON ANY SERVICE CONTENT (INCLUDING ANY AI OUTPUT); OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE SUPERTAKE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO SUPERTAKE FOR THE SERVICE (IF ANY) DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM AND (B) ONE THOUSAND DOLLARS ($1,000).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION,” “DISCLAIMER OF WARRANTIES,” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

  1. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Supertake, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Supertake are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND SUPERTAKE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SUPERTAKE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

  1. Pre-Arbitration Dispute Resolution

Supertake is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@supertake.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Supertake should be sent to Supertake, 817 Broadway, New York, New York 10003 Attn: Legal (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Supertake and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Supertake may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Supertake or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Supertake is entitled.

  1. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Supertake and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Supertake agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

  1. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Supertake or you under the AAA Rules, Supertake and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Supertake will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Supertake will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

  1. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

  1. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

  1. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Supertake agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Supertake written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Supertake, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Supertake believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Supertake may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Supertake may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You may stop using the Service at any time and may terminate your account by contacting Supertake at support@supertake.com or through any account deletion feature made available within the Service. Termination of your account or these Terms of Service (whether by you or by Supertake) will not affect any securities, funds or other assets held in your brokerage account, which will remain in the custody of your broker-dealer or custodian, and Supertake has no ability to, and will not, liquidate, sell, transfer or otherwise deal with any such assets in connection with any termination. Upon any termination, any standing instructions related to your account will be deactivated and not be transmitted. Further, you agree that Supertake and Supertake Affiliates will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Supertake and Supertake Affiliates will have no liability or responsibility with respect thereto. Supertake reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

Consent to Electronic Communications

By using the Service or providing personal data to Supertake, you agree that Supertake may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Service, and that Supertake may provide you with agreements, notices, disclosures, statements, records and other communications electronically, including by email, by text message or by posting them on or through the Service. You agree that all agreements, notices, disclosures and other communications that Supertake provides to you electronically satisfy any legal requirement that such communications be in writing. You agree to keep your contact information true, accurate, current, and complete, and to maintain the hardware, software, and Internet access necessary to receive, access, and retain electronic communications. You may withdraw your consent to receive communications electronically by contacting Supertake at support@supertake.com; however, if you withdraw such consent, Supertake reserves the right to suspend or terminate your access to some or all of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Supertake governing your access and use of the Service, and supersede any prior agreements between you and Supertake with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Supertake submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of New York. The failure of Supertake to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any Law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Supertake, but Supertake may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Supertake will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Supertake’s reasonable control.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Supertake, Inc., 817 Broadway, New York, New York 10003.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?

Please contact us at support@supertake.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

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