4.1 Account Creation

To access certain features of our Services, you may need to create an account. You agree to provide accurate and complete information during registration and to keep this information updated.

4.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or security breaches.

4.3 Account Termination

We reserve the right to suspend or terminate your account at our discretion, without notice, if we suspect any violation of these Terms or unlawful activity.

5.1 Personal Use

Our Services are intended for your personal, non-commercial use. You agree not to use the Services for any commercial purposes without our prior written consent.

5.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

6.1 Ownership of Content

Unless otherwise indicated, Gainify owns or licenses from third parties all rights, titles, and interests (including copyrights, designs, patents, trademarks, and other intellectual property rights) in the Services and all materials available on the Platforms (collectively referred to as 'Content'). This includes, but is not limited to, text, graphics, logos, audio clips, software, and design elements made available through the Services.

6.2 Limited License to Users

Your access to and use of the Services and Content does not grant or transfer any ownership or other rights to you in relation to the Services or the Content. We grant you a personal, non-exclusive, non-transferable license to access and view the Content for your own personal, non-commercial use, strictly in accordance with these Terms and any conditions or restrictions associated with particular Content or features of the Services.

6.3 Restrictions on Use

Except as expressly authorized by Gainify or permitted under applicable law, you agree not to:

• Copy, reproduce, modify, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Content.
• Copy the Content to any other server, location, or medium for publication, distribution, or any commercial enterprise.
• Use, redistribute, republish, or exploit any part of the Services or Content for any purpose other than as permitted by these Terms.

6.4 Exceptions and Permissions

The following activities are permitted under these Terms:

• Participation in our affiliate or partnership programs, if you have entered into a separate agreement with Gainify.
• Use of social sharing buttons provided on the Platforms to share Content via social media channels.

6.5 Legal Consequences

Unauthorized reproduction, redistribution, or exploitation of the Services or Content may result in civil and criminal penalties. We reserve all rights not expressly granted in these Terms.

7.1 Responsibility for User Content

You may have the opportunity to submit or post content through our Services. You are solely responsible for any content you submit and affirm that you have the necessary rights to do so.

7.2 License Grant

By submitting content, you grant Gainify a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content in connection with providing the Services.

7.3 Content Standards

Your content must not:

• Be illegal, harmful, or offensive.
• Infringe on the rights of any third party.
• Contain viruses or harmful code.

8.1 No Financial Advice

The information provided through our Services is for informational and educational purposes only and does not constitute financial, investment, legal, or tax advice. Gainify is not a registered investment advisor, and we do not endorse any specific investment strategy or decision; therefore, you should not rely on any information to make financial decisions. You should consult with a qualified financial professional before making any investment decisions based on information from our Services.

8.2 Service Availability

The content available on our Services is intended to provide a general overview and may not encompass all aspects of the subjects discussed. While we make reasonable efforts to ensure that the information and data on our Services are accurate and up-to-date, we do not guarantee or warrant their accuracy, completeness, or reliability to the fullest extent permitted by law. You are responsible for monitoring any updates or changes to the information provided.
We reserve the right to modify, enhance, or discontinue any part of our Services (including these Terms) or the information, products, or services described within them at any time without prior notice. We do not commit to keeping the Services updated, and we are not liable for any errors, omissions, or outdated information that may be present.

8.3 Disclaimer of Warranties

Gainify provides its Services, including all information, content, materials, and products accessible through our platforms, on an "as is" and "as available" basis. We make no representations or warranties of any kind, either express or implied, regarding the operation of our Services or the information, content, materials, or products included therein. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or reliability.
While we strive to maintain the availability and functionality of our Services, we do not guarantee that they will be uninterrupted, timely, secure, or error-free. You acknowledge that your use of the Services is at your sole risk. We do not warrant that any defects or errors will be corrected or that the Services will be free from viruses, malware, or other harmful components.
Any material downloaded or otherwise obtained through the use of our Services is accessed at your own discretion and risk. You are solely responsible for any damage to your computer systems or loss of data that results from the download or use of any such material.

8.4 Limitation of Liability

To the maximum extent permitted by law, Gainify, its affiliates, and their respective officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Services, including but not limited to loss of profits, data, or goodwill, regardless of whether such damages were foreseeable or whether or not we had been advised of the possibility of such damages.

8.5 Maximum Liability

Our total liability to you for any claims arising under these Terms shall not exceed the total amount you have paid to us for the use of the Services during the last two (2) months preceding the claim. This limitation of liability shall apply to the fullest extent permitted by law, even if the above-stated remedy fails of its essential purpose.

12.1 Subscription Plans

We offer various subscription plans that grant access to premium features. Details of these plans are available on our website.

12.2 Billing

By subscribing, you agree to pay the applicable fees and taxes. Payments are processed through secure third-party payment providers. We do not store your payment information.

12.3 Cancellations and Refunds

You may cancel your subscription at any time through your account settings. However, cancellations will take effect at the end of the prepaid subscription period (e.g., at the end of the annual term if you have an annual subscription). No refunds will be issued for early cancellation or unused portions of your subscription.

12.4 Free Trial Subscriptions

New users may be eligible to request a free trial subscription to evaluate our Services. This trial period is limited to a maximum of 30 days, providing you with the opportunity to experience the full range of features we offer. Each user or household is entitled to one free trial every 12 months. Approval of any trial subscription is at our sole discretion.

12.5 Discounts and Promotional Offers

Users who subscribe at a discounted rate will receive that discount for the specified period only, as indicated in the promotional offer, with a maximum duration of 12 months. After this period, the subscription will automatically revert to the standard pricing effective at that time.

12.6 Price Adjustments

Gainify reserves the right to modify our pricing at any time, provided reasonable notice is given to our subscribers. Following the notice period, the revised pricing will take effect for the next billing cycle, whether monthly or annually.

20.1 Feedback

We welcome your feedback and suggestions. By submitting feedback, you grant us the right to use it without any obligation to you.

20.2 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or Internet outages.

20.3 Assignment

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

21.1 Use of Third-Party Data

Our Services include data provided by S&P Global Market Intelligence LLC ("S&P"). By accessing S&P data through our Services, you acknowledge and agree to the following:

• Informational Purposes Only:
• No Liability: Neither Gainify, S&P, their affiliates nor any of their suppliers shall have any liability for the accuracy or completeness of the information or software furnished through the Services, or for delays, interruptions or omissions therein nor for any lost profits, indirect, special or consequential damages.
• Proprietary Rights: S&P, S&P Entities or their suppliers have exclusive proprietary rights in the S&P Services and any information and software received in connection therewith.
• Restrictions on Use: You shall not use or permit anyone to use the S&P Services (or any portion thereof) for any unlawful or unauthorized purpose.
• Internal Use Only: The S&P Services (or any portion thereof) are being provided for your internal use only and you are not authorized or permitted to distribute or otherwise furnish the S&P Services (or any portion thereof) to any third-party without prior written approval of S&P.
• Access Termination: Access to the S&P Services is subject to termination in the event that any agreement between Gainify and S&P terminates for any reason. You agree that (a) you promptly purge and permanently delete the S&P Services from your systems upon termination of either the agreement between Gainify and S&P or the Terms, and (b) provide all reasonable cooperation to Gainify and S&P, upon request of either, in verifying that you have complied with this Section.
• Third-Party Beneficiary: S&P may enforce its rights against you as the third-party beneficiary of the Terms, even though S&P is not a party to the Terms.

21.2 Compliance with S&P Terms

You agree to comply with all terms and conditions imposed by S&P regarding the use of their data. This includes:

• No Derivative Works: You shall not create derivative works from the S&P data.
• No Automated Extraction: You shall not use any automated systems, such as robots or data mining tools, to access or extract S&P data.
• Proprietary Notices: You shall not remove, alter, or obscure any proprietary notices or legends contained in the S&P data.

21.3 Acknowledgment of S&P Rights

You acknowledge that:

• No Investment Advice: The S&P data does not constitute investment advice, and any reference to specific securities or investments is not a recommendation to buy, sell, or hold such securities or investments.
• No Endorsement: S&P does not endorse or promote any products or services offered by Gainify.