Pinegap.ai | Privacy Policy
Welcome to Pinegap.ai, the institutional research platform built for professionals navigating the evolving frontiers of equity analysis. These Terms of Service ("Terms") form a binding legal agreement between you ("Customer") and Pinegap Technologies, Inc. ("Pinegap," "we," "our," or "us") governing your access to and use of our proprietary analytics, interfaces, reports, and AI-enhanced tools (collectively, the "Service").
By accessing or using the Service, Customer affirms that they are authorized to act on behalf of a financial institution or qualified entity and that you have reviewed and agreed to these Terms, as well as our Privacy Policy. If you do not agree, you may not access the Service.
These Terms apply to all access and use of the Service, including any associated data feeds, documentation, beta features, or future enhancements. We reserve the right to update these Terms periodically, and your continued use following such updates constitutes acceptance of the revised Terms.
For purposes of these Terms:
– "Customer" refers to the legal entity entering into this Agreement with Pinegap Technologies, Inc.
– "Authorized Users" means individuals designated by Customer, such as employees, contractors, or affiliated agents, who are permitted to access and use the Service under these Terms.
Access to the Service is limited to institutional users, including but not limited to investment firms, banks, research entities, and other regulated financial organizations. By accessing or using the Service, you represent and warrant that you (i) are authorized to act on behalf of a qualifying entity, and (ii) will ensure that all Authorized Users comply with these Terms.
Customer further affirms compliance with all applicable regulatory frameworks, including but not limited to those promulgated by the U.S. Securities and Exchange Commission ("SEC"), the Financial Industry Regulatory Authority ("FINRA"), and any jurisdictionally relevant self-regulatory organizations.
Misrepresentation of eligibility or failure to comply with regulatory obligations constitutes a material breach of this Agreement and may result in immediate suspension or termination of access.
Pinegap grants Customer a limited, non-exclusive, non-transferable, and revocable license to access and use the Service strictly for internal business purposes during Customer`'`s active subscription term.
Unless explicitly agreed in writing, Customer is prohibited from:
This license may be revoked immediately upon discovery of any breach. Pinegap retains the right to conduct semi-annual audits for compliance verification. Discovery of material breaches during audits may lead to immediate suspension or termination of the Service and imposition of financial penalties equal to twice the subscription fee per unauthorized use or improperly authorized user identified.
All content, materials, and technologies made available through the Service, including but not limited to algorithms, models, analytics, reports, user interfaces, software code, documentation, data visualizations, and workflow methodologies, are the sole property of Pinegap or its licensors. All rights not expressly granted to Customer under these Terms are reserved.
Customer retains ownership of Customer Data and any inputs provided to the Service. However, Customer acknowledges that outputs generated by the Service, including any derivative insights, visualizations, or reports, are not Customer`'`s intellectual property. Customer may use such outputs solely within the scope of the access rights defined in Section 3.
Customer shall not:
Feedback, suggestions, or other contributions voluntarily submitted by Customer may be used by Pinegap without restriction. By submitting such contributions, Customer grants Pinegap a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, and commercialize such contributions for any lawful purpose without obligation of attribution or compensation.
Any violation of this section constitutes a material breach and may result in immediate termination of access, revocation of all rights under these Terms, and liability for resulting damages.
Customer retains full ownership of any data uploaded to the Service ("Customer Data"). Pinegap will process such data solely to provide the Service, maintain technical operations, enhance performance, and develop improvements that do not involve Customer-specific outputs. Pinegap will not use Customer Data to train or fine-tune machine learning or artificial intelligence models unless Customer has provided prior, written, and verifiable consent in a manner consistent with applicable data protection laws.
Pinegap may process this information for operational purposes, including diagnostics, service security, fraud prevention, and performance analytics. Such processing may include the use of metadata, access logs, and aggregated metrics, provided it is not used to re-identify Customer or its personnel except as required by law or to investigate security incidents.
Customer may request access to, correction of, export of, or deletion of personal data in accordance with applicable privacy regulations, including the General Data Protection Regulation ("GDPR") and the California Consumer Privacy Act ("CCPA"), as amended. Pinegap reserves the right to deny or defer such requests in its sole discretion where it determines that the request (a) lacks a good-faith basis, (b) is manifestly excessive or repetitive, or (c) is intended to disrupt system performance or business operations.
The data will be retained only for as long as necessary to fulfill the purposes outlined in these Terms, comply with legal obligations, or protect Pinegap`'`s legitimate interests related to security, dispute resolution, and compliance. Deletion timelines may be extended in cases involving fraud detection, contractual enforcement, or legal holds.
Pinegap will implement and maintain administrative, technical, and physical safeguards consistent with industry standards to protect Customer Data against unauthorized access, loss, or misuse. Customer is solely responsible for ensuring that any third-party data it uploads is lawfully collected and authorized for processing under applicable data protection laws.
Each party ("Receiving Party") agrees to protect all non-public, proprietary, or confidential information disclosed by the other party ("Disclosing Party") in connection with the Service ("Confidential Information") using the same degree of care it uses to protect its own similar information, but in no event less than a reasonable standard of care. Confidential Information includes business plans, technical data, algorithms, pricing, financials, and non-public operational information.
Confidential Information does not include information that (a) is or becomes public through no breach by the Receiving Party, (b) was known to the Receiving Party prior to disclosure, (c) is lawfully obtained from a third party without restriction, or (d) is independently developed without reference to the Disclosing Party`'`s materials.
If the Receiving Party receives a subpoena, court order, or regulatory request compelling disclosure of Confidential Information, it shall, to the extent legally permissible, provide written notice to the Disclosing Party within two (2) business days of receiving such request. The Receiving Party shall cooperate with the Disclosing Party in seeking a protective order or other remedy.
Unauthorized use or disclosure of Confidential Information constitutes a material breach of these Terms. Each party agrees to indemnify and hold harmless the other for losses, damages, or liabilities arising from breach of this Section, whether due to negligence, recklessness, or intentional misconduct.
Fees, payment schedules, and applicable billing terms are set forth in the executed Order Form, which is incorporated by reference and forms part of this Agreement. In the event of a conflict between the Order Form and these Terms, the Order Form shall control with respect to pricing and payment terms.
Unless otherwise specified:
Pinegap may engage third-party collection agencies or legal counsel to recover unpaid fees. Customer is responsible for all applicable taxes, duties, and governmental charges, excluding taxes on Pinegap`'`s net income. All fees are stated and must be paid in U.S. dollars, and are non-cancellable and non-refundable except as expressly provided in these Terms or the Order Form.
Customer may not withhold, offset, deduct, or reduce fees owed under this Agreement based on any dispute, counterclaim, or right of set-off unless such claim has been finally resolved by written agreement of the parties or by binding arbitration or court order.
Pinegap is not a registered investment advisor, broker-dealer, or fiduciary under any federal or state securities laws, and the Service does not constitute or provide investment advice, legal counsel, regulatory guidance, or any recommendation to buy, sell, or hold any security or asset.
All outputs generated by the Service are for general informational purposes only and are based on Customer-provided inputs, third-party data sources, and algorithmic analysis that may be incomplete, inaccurate, or subject to change without notice. Pinegap makes no representations as to the accuracy, timeliness, or completeness of any analysis, forecast, or conclusion derived from use of the Service.
Customer acknowledges and agrees that it is solely responsible for evaluating the appropriateness of any output or insight, and for all decisions made in reliance on such information. Customer shall not use the Service as a substitute for professional diligence, legal review, or investment judgment.
Nothing in these Terms shall be construed as creating an advisory relationship, fiduciary obligation, or duty of care between Pinegap and Customer. Pinegap disclaims all liability for losses or damages arising from Customer`'`s use of or reliance on any Service output, to the fullest extent permitted by law.
Any forward-looking statements or projections made by the Service are inherently speculative and are not guarantees of future results or market performance.
Pinegap implements reasonable technical and procedural measures to minimize the risk that outputs generated by the Service will contain material non-public information ("MNPI") or otherwise implicate securities law obligations. Pinegap does not warrant that outputs are free from MNPI and does not monitor Customer-provided inputs for compliance with federal or international securities regulations.
Customer is solely responsible for ensuring that its use of the Service complies with all applicable laws, including but not limited to the Securities Exchange Act of 1934, Rule 10b-5, FINRA regulations, the Investment Advisers Act of 1940, and any equivalent international frameworks. Customer shall not upload, input, reference, or derive outputs from MNPI or other restricted data and shall not use the Service to support or facilitate market manipulation, insider trading, or regulatory circumvention.
The Service is not designed to support automated decision-making processes with legal or similarly significant effects, including decisions subject to GDPR, the EU Artificial Intelligence Act, or analogous international frameworks. Customer bears full responsibility for interpreting, evaluating, and validating outputs before acting upon them.
Customer shall not misuse legal, regulatory, or compliance processes (e.g., subpoenas, arbitration notices, data subject requests, or takedown demands) to harass, intimidate, or disrupt Pinegap, its personnel, or its business operations. Knowingly false, duplicative, or bad-faith legal process filings constitute a material breach and may result in immediate termination, access restrictions, and legal action.
Customer is further responsible for ensuring compliance with applicable export control laws, economic sanctions regulations (including those administered by U.S. Department of Commerce ["BIS"], U.S. Department of Treasury ["OFAC"]), and any relevant anti-money laundering ("AML") or know-your-customer ("KYC") requirements. Pinegap disclaims all liability for Customer`'`s failure to meet such obligations.
To the maximum extent permitted by law, Pinegap`'`s total cumulative liability arising out of or related to the Service, these Terms, or any related agreement shall not exceed the total fees paid by Customer to Pinegap in the twelve (12) months preceding the event giving rise to the claim.
In no event shall Pinegap be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, data loss, or loss of business opportunity, arising from or related to the use of the Service, even if Pinegap has been advised of the possibility of such damages. These exclusions apply regardless of the legal theory of liability, whether in contract, tort (including negligence), strict liability, or otherwise.
The foregoing limitations shall not apply to liability arising from Pinegap`'`s proven fraud or willful misconduct, but shall apply to all other liability, including gross negligence and breach of statutory duty, to the extent permitted by applicable law. Some jurisdictions do not allow exclusion of certain damages; in such cases, Pinegap`'`s liability shall be limited to the minimum extent permitted under applicable law.
Customer agrees to indemnify, defend, and hold harmless Pinegap, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) Customer`'`s breach of these Terms, (b) Customer`'`s misuse or unauthorized reliance on the Service or its outputs, or (c) any third-party claim arising from Customer`'`s use of the Service in violation of applicable law or regulation.
Customer`'`s indemnity obligations under this Section shall survive termination or expiration of these Terms.
These Terms shall remain in effect for the duration of Customer`'`s active subscription to the Service, including any renewal terms as specified in the applicable Order Form ("Term"), unless earlier terminated in accordance with this Section.
Either party may terminate these Terms for material breach upon thirty (30) days`'` written notice, provided that the breach remains uncured at the end of such notice period. Pinegap may additionally suspend or terminate access immediately in the event of (a) non-payment beyond the applicable cure period, (b) Customer`'`s breach of intellectual property or confidentiality obligations, or (c) unlawful or abusive use of the Service.
Upon termination or expiration of the Term:
Pinegap will retain Customer Data only as required to comply with applicable law, enforce its rights under these Terms, or maintain operational continuity. Any data retained post-termination will remain subject to the confidentiality and data protection obligations herein.
Sections relating to confidentiality, intellectual property, indemnification, limitation of liability, dispute resolution, and any other provision that by its nature should survive termination shall remain in full force and effect.
Prior to initiating any legal proceeding, either party must provide written notice of the dispute and engage in good faith negotiations for at least thirty (30) calendar days. If the parties are unable to resolve the dispute during this period, the dispute shall be submitted to final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect.
Unless otherwise agreed in writing, arbitration shall be conducted by a single arbitrator with expertise in commercial law, securities, or intellectual property. The arbitration shall take place in New York County, New York, and the proceedings shall be conducted in English.
Either party may seek interim or injunctive relief in any court of competent jurisdiction, including but not limited to the state or federal courts located in New York County, New York, to prevent immediate and irreparable harm related to intellectual property or confidentiality, without waiving the right to arbitrate all other claims.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
Each party agrees to resolve disputes only on an individual basis and expressly waives the right to participate in any class, collective, consolidated, or representative proceeding. This waiver applies to all phases of litigation, arbitration, and settlement.
This Agreement consists of these Terms, the Order Form, and Pinegap`'`s Privacy Policy. Together, they constitute the entire agreement between the parties and supersede all prior agreements, understandings, and representations, whether written or oral, relating to the subject matter herein.
Neither party may assign this Agreement without the prior written consent of the other party, except that Pinegap may assign or transfer this Agreement without consent (a) to an affiliate, or (b) in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
No joint venture, partnership, agency, or employment relationship is created as a result of this Agreement. Customer shall not represent otherwise or bind Pinegap in any manner.
Pinegap may modify, suspend, or discontinue access to features of the Service in response to legal, technical, or business considerations. Pinegap makes no guarantee that any specific feature, functionality, or interface will remain available during the Term.
Each party agrees to comply with all applicable export control and economic sanctions laws, including those administered by BIS or OFAC, and any analogous laws in jurisdictions where the Service is accessed or used. Customer shall not use, transfer, export, or re-export the Service in violation of such laws.
Failure to enforce any term of this Agreement shall not be deemed a waiver of such term or any other provision. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Notices under this Agreement shall be provided in writing and delivered via email to the addresses specified in the Order Form, or to such other address as either party may designate in writing. Notices shall be deemed received on the date of confirmed delivery.
Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, cyberattacks, labor disputes, pandemic, embargo, or governmental action (each a "Force Majeure Event"). The affected party shall promptly notify the other party of the Force Majeure Event and make reasonable efforts to resume performance as soon as practicable.
Obligations shall be suspended for the duration of the Force Majeure Event, but if such event continues for more than thirty (30) consecutive days, either party may terminate this Agreement upon written notice to the other.
Customer acknowledges that a breach of the confidentiality, intellectual property, or compliance provisions of this Agreement may cause irreparable harm to Pinegap. Pinegap shall be entitled to seek equitable remedies, including injunctive relief, without the requirement to post bond or prove actual damages, in addition to all other remedies available at law or in equity.
Any provisions of this Agreement that by their nature should survive termination shall survive.
For legal notices, contact: legal@pinegap.ai.