Last Updated: August 9th, 2023
DASTA, Inc., and its affiliates and subsidiaries (DASTA Investments LLC and DASTA Financial, LLC) (together, “DASTA”, “dub” “we”, or “us”) welcomes you to our mobile app (along with its website, accounts, pages and applications, collectively, the “Platform”). By accessing, browsing and/or using the Platform, you acknowledge that you have read and understand, and agree to be bound by the following terms and conditions of use, including Exhibit A (Agreement for Market Data Display Services), Google's Terms of Service, dub’s Community Guidelines, and all disclaimers and terms and conditions (collectively, the “Terms”) that appear on the Platform.
Please read these Terms carefully. These Terms should be read in connection with your customer advisory agreement (“Customer Advisory Agreement”) which governs certain investment advisory services provided by DASTA Investments LLC, and your related customer brokerage agreements which govern certain brokerage services provided by DASTA Financial, LLC (“Customer Brokerage Agreement”) and Apex Clearing Corporation (“ Customer Account Agreement”). The Terms are a contract between you and DASTA (the “Agreement”) and govern your visit to and use of the Platform. The Terms may be updated by us at any time. You should visit this page periodically to review the Terms for changes. Your use of the Platform, and your continued use of the Platform after any such updates or modifications, constitutes your acceptance of the Terms, as revised. If you do not accept these Terms, or if you cannot form a legally binding contract, you do not have permission to access, browse or use the Platform or any Content (as defined below), and your sole and exclusive remedy is to discontinue using the Platform.
The Platform also contains information on publicly traded securities. It allows you to review information about (i) publicly traded securities, (ii) portfolio holdings of other Platform users made public and receive certain advisory services as a client of DASTA Investments, LLC (a “Client”). For access and use of the Platform by a Client, the additional terms set forth in the Customer Advisory Agreement, Customer Brokerage Agreement and the Customer Account Agreement shall apply and are deemed a part of these Terms and incorporated herein.
FDIC-Insured Sweep Program
You acknowledge that you will be auto enrolled into Apex’s FDIC-Insured Sweep Program (the “Program”), and you acknowledge and agree that: (a) the you have read and understand the sweep program terms and conditions and/or prospectuses available at http://www.apexclearing.com/disclosures/ and are aware of the products available in such sweep programs; (b) you have read the additional terms set forth in the Customer Account Agreement that are deemed a part of these Terms; (c) Apex may make changes to its FDIC and/or money market sweep programs and products at any time, in its sole discretion and with or without notice to Client; and (d) you acknowledge that if you wish to not participate in the Program, you must contact DASTA at firstname.lastname@example.org.
All balances held through the Program at Program Banks are insured by the FDIC up to the applicable limit, per Program Bank, but are not insured by SIPC nor are they obligations of dub and/or Apex.
Ownership of Platform IP
All the material displayed on and/or accessible through the Platform, including without limitation, software, text, graphics, charts, information, data, images, articles, reports, presentations, screens, user documentation, user interfaces, related software and other material (the “Platform IP”) is the property of dub or others accessible via the Platform and shall remain the exclusive property of dub and its licensors, or other third-parties as the case may be. The Platform IP is protected by applicable copyright laws, trademark laws, privacy laws and data protection and dissemination restrictions, and any other applicable laws. Nothing contained on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Platform IP without the written permission of dub or such other party that may own the applicable Platform IP. Nothing in this Agreement shall constitute a waiver of any trademark, copyright or other intellectual property rights. dub reserves the right to enforce its intellectual property rights to the full extent of the law.
Third Party Content
Certain third-party content (“Content”) made available to you through the Platform may be prepared by third parties and external providers not affiliated with dub. This content is made available to you “as is” and on an “as available” basis and should not be considered as any form of advice or recommendation for you, or a recommendation by dub to buy or sell any securities or to engage in any particular investment strategy. Your use of any Content is at your own risk. dub does not make any warranty of any kind, express or implied, regarding the Content or the accuracy, completeness, timeliness, or otherwise of the Content.
Any views expressed in any third-party Content are not the views of dub. dub is not responsible for any third-party website, or anything contained on or connected with any third-party website.
We may provide links from the Platform to websites operated by third parties who may or may not be affiliated with dub. We have not reviewed unaffiliated websites linked to the Platform, and we do not endorse, have any responsibility for or make any representations about, any other websites, including their products and services, content, communications, opinions and website use policies. We cannot and do not make any express or implied warranty about the accuracy, copyright compliance, legality, merchantability or any other aspect of the content of such links. The use of third-party websites is entirely at your own risk. By accessing these links, you acknowledge that such other websites or locations are not under the control of dub and that dub does not endorse the content of such websites and locations, and you agree that DASTA shall not be responsible for any information or additional links found at such website or location, or for your use of such information.
While we use reasonable efforts to obtain information from sources which we believe to be reliable, and to update the information on the Platform, we make no representation that the information or opinions contained in the Platform are accurate, reliable, updated or complete. The information and opinions contained in the Platform are provided by us for personal use and informational purposes only and are subject to change without notice. Nothing contained on the Platform constitutes investment, legal, tax or other advice nor is it to be relied on in making an investment or other decision. Content is based upon third-party information that we have not verified. We will not be liable to you for errors in the Content, and we do not undertake any obligation to update you if any when the Content is changed or altered.
Non-Professional Subscriber Status
As a vendor of official real-time market data from exchanges (e.g. NASDAQ) for you, we are required to identify the ‘Non-Professional’ status of any user engaging with the Platform. By using the Platform and accessing the market data you confirm the following:
- Your use of the market data is solely for personal use, not for your business or any other entity.
- You are not registered or qualified with the Securities and Exchange Commission (“SEC”) or the Commodities Futures Trading Commission (“CFTC”).
- You are not registered or qualified with any securities agencies, any securities exchange, association or regulatory body in any country.
- You do not perform any functions that are similar to those that require an individual to register or qualify with the SEC, CFTC, any other securities agency, any securities exchange, or association or regulatory body.
- You are not engaged as an investment advisor (as the term is defined in Section 202(a)(11) of the Investment Advisor’s Act of 1940) or asset manager and you are not engaged to provide investment advice to any individual or entity
- You are not engaging with the Platform in your capacity as a principal, officer, partner, employee, of agent of business or on behalf of any other individual.
- You use your own capital, not provided by any other individual or entity in the conduct of your trading.
- You do not conduct trading for the benefit of a corporation, partnership, or other entity.
- You have not entered into any agreement to share the profit of your trading activities or receive compensation for your trading activities.
- You are not receiving office space, and equipment or other benefits in exchange for your trading or work as a financial consultant to any person, firm or business entity.
Restrictions on Use
The Platform is for your personal and non-commercial use. In using the Platform, dub grants you a limited, non-exclusive, non-transferable, and terminable at will license to view and access the materials and information posted to the Platform. You may download or print out a hard copy of individual pages and/or sections of the Platform, provided that you do not remove any copyright or other proprietary notices. Any downloading or otherwise copying from the Platform will not transfer title to any software or material to you. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, copy, distribute, publish, license, create derivative works from, link into, sell or use for any public or commercial purpose or in any way exploit the whole or any part of the Platform without the prior written permission of dub. We reserve all rights with respect to copyright and trademark ownership of all material on the Platform. You may not use the Platform in any way that is fraudulent, unlawful or violates any existing agreements you may have with dub. Any unauthorized use of the Platform or misuse of any information posted to the Platform is strictly prohibited. You agree that you shall not place false or misleading information on the Platform or upload any computer programs, including but not limited to viruses, Trojan horses or worms that may interfere with the proper operation of our Platforms. dub may, in its sole discretion, terminate your use of the Platform at any time. dub reserves the right to change, suspend or discontinue all or any aspects of our Platforms at any time without prior notice. We retain all rights, titles, and interests in the Platform and in any materials, content or information offered on the Platform, including all intellectual property rights. We reserve all rights not expressly granted.
The information contained on, or comments expressed on the Platform may include certain prior indications of past investment performance of other Platform users. In considering such prior performance information, you should bear in mind that past performance is not indicative of future results and there can be no assurance that any investment will, or is likely to, achieve comparable results to those achieved in the past, or that significant losses will be avoided. Any pricing performance, investment or market information or data, projections, market outlooks or analyses, estimates and/or statements of opinions provided on the Platform are either forward-looking statements and are inherently uncertain and are based on a number of assumptions. Other events which were not taken into account may occur and may significantly affect investment returns or performance. You should carefully review information regarding any such analyses and underlying assumptions. ANY PERFROMANCE, DATA, PROJECTIONS, OUTLOOKS OR ASSUMPTIONS CONTAINED IN THE INFORMATION ON THIS PLATFORM SHOULD NOT BE CONSTRUED TO BE INDICATIVE OF THE ACTUAL EVENTS WHICH WILL OCCUR.
Electronic Communications and Signatures
By agreeing to these Terms, you consent to receive all communications including all notices, agreements, financial statements, disclosures, tax forms (including IRS Forms 1099), and other documents in an electronic form from DASTA. Because our services are offered entirely online, dub does not offer or provide these disclosures and other communications instead in paper form in the regular course of business. You may request paper copies of these communications for a fee (to be disclosed at the time of the request), update your e-mail address, or withdraw your consent to receive electronic communications at any time by submitting a request by electronic mail to email@example.com. However, you acknowledge and agree that, if you withdraw your consent to receive electronic communications, dub may impose a fee (to be disclosed at the time of withdrawal) or require that you discontinue using our services. Your withdrawal of consent does not affect the validity and/or enforceability of prior electronic communications.
You further confirm that you have a personal computer, tablet, smart phone or other electronic device with a connection to the Internet and a valid working e-mail account to receive communications from dub. If your e-mail address changes, you agree to update that information with dub through the methods described above. You also agree that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.
You agree to be bound by any agreement entered electronically (through checking boxes, clicks or other actions) by any person using your phone and password for the Platform. You will not contest the legal effectiveness, validity, enforceability or use of the electronically stored copies of any agreements signed by you electronically based on the fact that the terms were accepted electronically, and you further agree that any such agreements entered into electronically will be deemed to be “in writing” and to have been “signed” by you with the same effect as a manual signature (and any electronic record of such agreements entered into electronically will be deemed to be “in writing”).
Authorized employees or agents of dub may monitor and record all or portions of your telephone calls, emails, text messages, social posts, chats and other communications with dub for quality control, customer service, employee training, security, legal, compliance, and other lawful purposes to the extent permitted by law. You hereby consent to such recording. That consent is ongoing and need not be confirmed prior to, or during, such monitoring or recording, except to the extent applicable law expressly requires otherwise. You acknowledge and consent to dub archiving your communications with dub for regulatory and other purposes.
Local Regulatory Restrictions
This Platform is not directed to any person in any jurisdiction where (for any reason) the publication or availability of this Platform is prohibited, and persons in respect of whom such prohibitions apply must not access this Platform. Those who choose to access the Platform from other locations do so at their own initiative and are responsible for compliance with local laws.
By using the Platform, in addition to your other agreements contained elsewhere in this Agreement’s terms and conditions, you represent and agree as follows:
- You are at least 18 years old;
- Your use of the Platform will not violate any applicable laws or regulations in any jurisdiction dub is operating in;
- You will not use the Platform in such a way so as to interfere with or disrupt the Platform or our servers, systems or networks connected to the Platform, including but not limited to the prohibitions contained in these Terms, in any way;
- You will not introduce viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Platform or affect other users and you will be;
- You will not attempt to decompile or reverse engineer any software contained on the Platform; and
- You will not use the Platform for your commercial purposes or sell, transfer or transmit any content or materials that we make available to you on or through the Platform to any third parties for commercial purposes.
No Warranty and Limitations of Liability
dub, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Platform and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery. Your use of the Platform and the Content is on an “as is” and “as available” basis. If you are not able to use or access the Platform, or any websites linked to through the Platform, dub is not responsible for any problems that this causes.
In no event shall dub, its affiliates or their Related Persons be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, or consequential damages arising out of in connection with any access, use (or inability to use) or distribution of the Platform, or any Content therein, even if dub or their Related Persons are advised of the possibility of such damages, losses or expenses. You acknowledge and agree that you may not bring a claim against dub relating to your use of the Platform after more than one year has passed since the event occurred that gave rise to the claim. You acknowledge and agree that you may not bring a claim against dub relating to your use of the Platform after more than one year has passed since the event occurred that gave rise to the claim. Otherwise, you will waive the claim. You acknowledge and agree that the disclaimers, including the warranty disclaimers, and the liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by dub to provide the Platform hereunder.
This Platform, excluding linked websites, is controlled by dub from its offices within the State of New York, United States of America. By accessing this Platform, both you and dub agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters relating to the use of this Platform. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of New York or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
Notwithstanding the foregoing, you expressly acknowledge and agree that dub may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to exclusive jurisdiction and venue in such courts. This Agreement is a personal agreement between you and dub, and no one shall be a third-party beneficiary to this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to affect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
YOU AND THE DASTA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be resolved only on an individual basis and will not be joined or consolidated with any other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be resolved on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.
The Platform is controlled and operated from within the United States. We make no representation that the Platform is appropriate or available in locations outside the United States. Anyone choosing to access the Platform from other locations is responsible for compliance with applicable laws of their home jurisdiction. International visitors must comply with all local rules regarding online conduct and acceptable content, including laws regulating data protection and the export of data from the United States or your country of residence.
This Agreement, and any other terms and conditions set forth by us from time to time as posted on the Platform or through other means that we publish to you, constitute the entire agreement between us and you in connection with your use of the Platform, and supersedes any prior agreements between us and you regarding such matters, including prior versions of these terms and conditions. We may update these terms and conditions from time to time by posting revised versions of them on the Platform, without notice to you except that the effective date at the beginning of this Agreement will change and your subsequent use of the Platform will be governed by the new terms and conditions and will constitute your acceptance of the changed terms and conditions. dub may assign their rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of dub.
If you have any questions about this Platform or this Agreement, you may contact us via e-mail at firstname.lastname@example.org.