Terms and Conditions
Last Updated: January 18, 2023
Terms
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site owned and operated by SimplyRobo, a Ontario corporation (“SimplyRobo”), and located at www.simplyrobo.com (“SimplyRobo.com”). By accessing and using SimplyRobo.com you agree to be bound by the terms and conditions of this Agreement and SimplyRobo’s Privacy and Security Policy, as they may be amended from time to time in the future.
Accepting the Terms
By clicking “Accept” or otherwise accessing or using the information, tools, features and functionality located on SimplyRobo.com or its associated email, telephone, and other messaging systems (collectively referred to as “SimplyRobo” or the “Service”), you are entering into a binding contract with SimplyRobo and you agree to be bound by all of the terms and conditions of this Agreement, whether you are a “Visitor” (that is, you have not registered with SimplyRobo) or you are a “Registered User” (that is, you have registered your account with SimplyRobo). The term “you” or “User” refers to a Visitor or a Registered User. The terms “we”, “us” and “our” refer to SimplyRobo. If you wish to become a Registered User, communicate with other Registered Users or simply access and make use of the Service as a “Visitor”, you must read this Agreement carefully in its entirety. By using the Service, you are indicating explicit acceptance of all of its terms. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with SimplyRobo . By accepting this agreement, you represent that you have the capacity to be bound by its terms, or, if you are acting on behalf of a company or other entity, that you have the authority to bind such entity, in which case the terms “you” and “User” refer to such company or other entity. Before you use the Service, you should print or save a local copy of this Agreement for your records.
Description of the Service
SimplyRobo is a powerful equity research platform for investors. The technology provides users with a comprehensive financial workstation to perform fundamental and technical analysis on investable securities. Based on the information you submit to the Service, the Service may also present information related to third party products or services of potential interest to you (“Third Party Offers”). The Service is provided to you solely as a means of helping you view, organize, and analyze investment based financial information. The Service does not provide legal, tax, trading, investment, or other advice, and you are solely responsible for any decisions you make, and the consequences thereof, on the basis of any information provided by the Service. You agree that you are responsible for verifying the accuracy of any information provided by the Service, and that the Service makes no express or implied warranty about the accuracy of the information it provides to you. No offer or solicitation to buy or sell securities, securities derivative or futures products of any kind, or any type of legal, tax, trading, investment advice, recommendation or strategy, is made, given or in any manner endorsed by SimplyRobo, the Service, or any affiliated third party.
Subscriptions
Monthly subscribers to the Premium Features of SimplyRobo.com will pay the Monthly subscription fee on a monthly basis. Yearly subscribers to the Premium Features SimplyRobo.com will pay the Yearly Subscription Fee on a yearly basis. Two-Year subscribers to the Premium Features SimplyRobo.com will pay the Two-Year Subscription Fee on a two-year basis. All fees will be paid at the commencement of service. The initial service period of the monthly subscription is one month. The service will auto renew for subsequent one month periods. The initial service period of the yearly subscription is one year and will auto renew for subsequent one year periods. The initial service period of the two-year subscription is two years and will auto renew for subsequent two-year periods. Following the initial service period, to SimplyRobo.com reserves the right to increase the Monthly, Yearly or Two-Year Service Fee at any time with 30 days of notice to the Subscriber. Subscriber agrees to pay the Monthly, Yearly or Two-Year Fee according to any applicable credit card issuer agreement. Subscriber expressly authorizes to SimplyRobo to automatically charge the applicable card on a monthly, yearly or two-year basis during the term of this Agreement. Subscriber agrees that any fee increase made in accordance with this Section may also be charged to the same card in the same manner.
Termination
The initial term of the Premium Features Agreement is one month for Monthly Subscription, one year for Yearly Subscription and two years for the Two-year Subscription. Following the initial term, the Agreement will auto-renew on a monthly, yearly or two-year basis at the current published subscription rates in force until otherwise terminated. With 30 days written notice of termination by the Subscriber, the agreement can be terminated. For Monthly, Yearly and Two-Year Subscribers, auto-renewal will cease within 30 days of SimplyRobo receiving a termination notice. The Premium Features service may be used until the paid through service expiration date is reached. After that point, the Subscriber’s account will automatically revert to the Free service plan. SimplyRobo reserves the right to immediately suspend performance or terminate this Agreement without notice and without liability in (a) the event that the Subscriber fails to pay any amount due to SimplyRobo (b) any content necessary for SimplyRobo.com perform its obligations become unavailable to SimplyRobo.com for any reason and/or (c) in the event of any conduct by Subscriber which SimplyRobo, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. SimplyRobo may discontinue any of our subscription products at any time. When you sign up for a paid SimplyRobo subscription, prior to the confirmation, you must explicitly acknowledge that you accept our policy that SimplyRobo does not issue refunds, regardless of the reason for cancellation. Consequently a refund will not be issued, even if you cancel immediately after your credit card is charged for the new billing period. For example, if we charge your credit card on June 8th, and you cancel your subscription account on June 9th, you are still responsible for paying for the entire billing period. This will be the remainder of the monthly period if you are on the monthly plan, the remainder of the yearly period if you have selected the yearly plan or the remainder of the two year period if you are on a two year plan. No subsequent charges are applied to your credit card, but the amounts already charged are not refunded. You will have full use of the plan you subscribed to for the duration of the billing period. We treat all customers equally, and therefore do not make exceptions to this policy.
Account Information from Third Party Sites
With the Service, you may direct us to retrieve your own information maintained online by third-party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). SimplyRobo works with one or more online financial service providers to access this Account Information. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. SimplyRobo is not responsible for the products and services offered by or on third-party sites. We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any Account Information, user data, communications or personalization settings, or any content you post on, or provide, or provide access to in connection with the Service (collectively, “Content”). For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the Account Information is obtained from such sites. Such Account Information may be more up-to-date when obtained directly from the relevant sites. By using the Service, you expressly authorize us to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. SimplyRobo will submit information including usernames and passwords that you provide SimplyRobo to log onto such site. You hereby authorize and permit us to access, use and store information submitted by you to the Service to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For all purposes hereof, you hereby grant SimplyRobo a limited power of attorney, and you hereby appoint SimplyRobo as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN SimplyRobo ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, SimplyRobo IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.” By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser. You are only entitled to access and use SimplyRobo for lawful purposes. Accurate records enable us to provide the Service to you. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites as requested in our “add account” setup forms and you agree to not misrepresent your identity or your account information. You agree not to use the Service for anyone but yourself except as provided by sharing functionality within the Service. You agree to keep your account information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. You agree not to share your password or other security information with others. You agree to promptly revoke any sharing access you grant to other Users of the Service when you do not want them to continue to have sharing access to your Content or personal data residing on the Service.
Rights You Grant to Us
By accepting this agreement, you grant SimplyRobo a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on, or provide, or provide access to in connection with the Service (“Content License”). By submitting or providing us with access to this Content through SimplyRobo, you represent that you are entitled to submit it or provide access it to us, without any obligation by us to pay any fees or other limitations. This Content License ends when you delete your Content or your account, unless your Content has been shared with others or in public forums and has not been deleted by administrators or by those with whom you shared your Content. You agree that others may copy your Content if you make it accessible to them and that SimplyRobo is not responsible for any consequent use of your Content. You agree that SimplyRobo may share your Content with third-party sites solely in order to provide you with the Service and that between SimplyRobo and any third-party, SimplyRobo owns the license to any such Content and confidential account information.
Third Party Content and External Links
Some information made available on or through the SimplyRobo is provided by third parties such as news services or sponsors (“Third Party Content”). The inclusion or appearance of Third-Party Content on or through SimplyRobo does not indicate any approval or endorsement by SimplyRobo of such Third-Party Content. SimplyRobo is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content or the act of accessing, browsing, or otherwise using such Third Party Content. SimplyRobo contains links to third-party web sites (“External Sites”). The content of such External Sites is developed and provided by others. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. We are not responsible for the content of any External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
Intellectual Property Rights
The contents of SimplyRobo.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of SimplyRobo.com belong or are licensed to SimplyRobo or its software or content suppliers. SimplyRobo grants you the right to view and use SimplyRobo.com subject to these terms. You may download or print a copy of information provided on SimplyRobo.com for your personal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from SimplyRobo.com in whole or in part for any other purpose is expressly prohibited without our prior written consent. You are permitted to use content delivered to you through the service only on the Service. Except as expressly provided for by the Service, you may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to copy, reverse engineer or reverse compile any of the service technology. The trademarks, service marks, and logos of SimplyRobo used and displayed on SimplyRobo.com are registered and unregistered trademarks or service marks of SimplyRobo. Other company, product, and service names located on SimplyRobo.com may be trademarks or service marks owned by third-parties. Nothing on SimplyRobo.com should be construed as granting any license or right to use any trademark displayed on SimplyRobo.com without the prior written consent of SimplyRobo specifically for each such use. Use of any trademarks as part of a link to or from any site is prohibited unless SimplyRobo approves the establishment of such a link by prior written consent. Rights of Others You agree that you will not post or provide access to any Content or take any action using the Service that violates any law under any applicable jurisdiction, including without limitation that governing this Agreement, the Service, and your residence. You agree that you will not post or provide access to Content belonging to anyone else without first obtaining permission. You agree that SimplyRobo may, at its sole discretion, delete, hide, or otherwise make inaccessible your user profile or any Content or information you post using the Service if SimplyRobo has reasonable cause to believe that such Content is in violation of this Agreement, and you agree to hold SimplyRobo harmless from any damages, direct or consequential, that may result from such an action. You agree not to collect information from other Users without first notifying them that you are not acting on behalf of the Service or SimplyRobo and obtaining their express consent. You will not use the Service to disseminate, in any form, personally identifiable information, including without limitation account numbers, passwords, addresses, or identification documents.
Unauthorized Uses of the Service
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service, without the express written consent of SimplyRobo, which may be withheld in its sole discretion. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than those mechanisms provided by generally available third-party web browsers (such as Google Chrome, Mozilla Firefox or Microsoft Internet Explorer). You agree not to post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service. You agree not to attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way operating any part of the Service. You agree not to send a large number of requests to the Service with the intention of denying the Service to other Users or in any volume that denies the use of the Service to anyone, whether intentional or unintentional.
No Provision of Advice
YOU AGREE THAT THE SERVICE DOES NOT PROVIDE TRADING, INVESTING, FINANCIAL, TAX, LEGAL, OR OTHER ADVICE, AND YOU ACCEPT SOLE RESPONSIBILITY FOR THE CONSEQUENCES OF ANY DECISIONS YOU MAY MAKE BASED ON INFORMATION YOU OBTAIN FROM THE SERVICE. THE SERVICE IS NOT A FINANCIAL PLANNER, INVESTMENT ADVISOR, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should obtain additional information and advice from your accountant or other financial advisors who are fully aware of your individual circumstances.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW SIMPLYROBO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE PARAGRAPH ABOVE, SimplyRobo MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SimplyRobo THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER SimplyRobo NOR ANY OF ITS AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF SimplyRobo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; (vii) SimplyRobo’S ACCESS OF YOUR ANY OTHER MATTER RELATING TO THE SERVICE. YOU MAY HAVE THE OPPORTUNITY TO PROVIDE OTHER USERS WITH ACCESS TO YOUR ACCOUNT INFORMATION. THIS IS A TOOL OFFERED THROUGH SIMPLYROBO.COM TO ENABLE COLLABORATION BETWEEN USERS AT THEIR SOLE DISCRETION. YOUR ACCOUNT INFORMATION INCLUDES SENSITIVE AND PRIVATE INFORMATION AND YOU ARE FULLY RESPONSIBLE FOR ALL OF THE CONSEQUENCES ASSOCIATED WITH PROVIDING YOUR INFORMATION TO OTHER USERS TO WHOM YOU GRANT ACCESS TO YOUR ACCOUNT. YOU SHALL NOT HOLD SIMPLYROBO NOR ANY OF ITS AFFILIATES LIABLE FOR ANY HARMS, AS DESCRIBED ABOVE, THAT MAY RESULT FROM OR RELATE TO SUCH USERS ACCESSING YOUR ACCOUNT INFORMATION. SimplyRobo DOES NOT CONTROL AND SHALL NOT BE RESPONSIBLE FOR THE ACTS OF OTHER VISITORS OR USERS TO WHOM YOU HAVE GRANTED ACCESS TO YOUR FINANCIAL OR OTHER INFORMATION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, SimplyRobo’S LIABILITY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OR CAUSE OF ANY CLAIM MADE AGAINST SimplyRobo IN CONJUNCTION WITH YOUR USE OF THE SERVICE, SHALL NOT EXCEED, IN THE AGGREGATE, $200.00 (TWO HUNDRED US DOLLARS) OR THE SUM OF ANY AMOUNTS PAID TO SimplyRobo FOR YOUR USE OF THE SERVICE IN THE PRECEDING 12 (TWELVE) MONTHS, WHICHEVER IS GREATER. Indemnification of SimplyRobo You agree to protect and fully compensate SimplyRobo and its affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. You further agree that if any third party brings any claim or action against SimplyRobo or any of its affiliates arising out of or related to your use of the Service, to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including without limitation reasonable legal fees and costs) related to any such claim.
Amendment of this Agreement
SimplyRobo may amend this Agreement at its sole discretion from time to time by providing you reasonable notice of the proposed changes and an opportunity to cancel and delete your account if you refuse to accept the amended changes. You agree that SimplyRobo ’s providing details of any amendments and the new agreement to your email address on file constitutes acceptable notice of the amendments, and you agree to be bound by the amended Agreement by continuing to use the Service after the new Agreement has been sent to that address and posted on the Service.
Termination of the Agreement
SimplyRobo reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of SimplyRobo, at any time and for any reason or no reason, without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The United States controls the import and export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any information through SimplyRobo.com to countries or persons where prohibited under applicable laws. By accessing SimplyRobo.com, you expressly agree that you are not in a country where such access is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction. Miscellaneous If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
Entire Agreement
This Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supersedes all other previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter described in this Agreement. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal and you may not assign or transfer this Agreement any of your rights or obligations under this Agreement. This Agreement will inure to the benefit of SimplyRobo’s successors, assigns, licensees, and sublicensees. If we decide to change our terms and conditions, we will post those changes on this page, send an email notifying you of any changes, and/or update the Terms modification date below.