Terms of Use
Last Updated: October 30, 2024
DASTA, Inc. (“dub”) 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 understood, 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 other terms (collectively, the “Terms”) that appear on the Platform.
Please read these Terms carefully. These Terms should be read in conjunction with your Customer Advisory Agreement, which governs investment advisory services provided by DASTA Investments, LLC, and your Customer Brokerage Agreement, which governs brokerage services provided by DASTA Financial, LLC and Apex Clearing Corporation. The Terms are a contract between you and DASTA, Inc. (the “Agreement”), and govern your use of the Platform. We may update the Terms at any time, and your continued use of the Platform constitutes your acceptance of any changes. If you do not accept these Terms or cannot form a legally binding contract, you may not access or use the Platform.
Authorization for Session Replays
To improve the Platform’s performance and enhance user experience, dub may collect non-personalized session replays of your interactions with the Platform using a third-party service, UXCAM. These session replays allow us to analyze how the Platform is used and identify areas for improvement. You authorize dub to collect such data by using the Platform.
Neither dub nor UXCAM collects or stores personally identifiable information (PII) in connection with session replays. All session replay data is anonymized, ensuring that it cannot be used to identify individual users. The data collected is used solely for analytics purposes to optimize the Platform’s functionality and performance.
If you do not wish to have your session data collected, you may discontinue using the Platform. For more information, please contact support@dubapp.com.
Ownership of Platform IP
All materials displayed on or accessible through the Platform, including software, text, graphics, charts, information, data, images, and other content (the “Platform IP”), are the property of dub or its licensors. The Platform IP is protected by copyright, trademark, and other applicable laws. Nothing on the Platform grants you a license or right to use any Platform IP without the express written permission of dub or the respective owners.
Third-Party Content and Links
The Platform may contain content provided by third parties. Such content is made available “as-is” without any warranties, express or implied. Links to third-party websites are provided for your convenience, but dub does not endorse or assume responsibility for the content or practices of those websites. Your use of third-party websites is at your own risk.
No Reliance
The information provided on the Platform is for informational purposes only and should not be construed as investment, legal, or tax advice. dub does not guarantee the accuracy, completeness, or timeliness of the content provided. Past performance is not indicative of future results.
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 require registration or qualification with the SEC, CFTC, or any other regulatory body.
- You are not engaged as an investment advisor (as defined in Section 202(a)(11) of the Investment Advisor’s Act of 1940) or asset manager and are not engaged to provide investment advice to any individual or entity.
- You are not using the Platform in your capacity as a principal, officer, partner, employee, or agent of a business.
- You use your own capital, not capital provided by others, for trading.
- You are not conducting trading for the benefit of a corporation, partnership, or other entity.
- You have not entered any agreements to share profits or receive compensation for your trading.
- You are not receiving office space, equipment, or other benefits in exchange for your trading or financial consulting activities.
Restrictions on Use
You may use the Platform only for personal and non-commercial purposes. Any unauthorized use of the Platform, including copying or modifying content, is strictly prohibited. We may terminate your access to the Platform at any time at our discretion.
Performance Information
Information provided on the Platform may include past performance data of portfolios. Please be advised that past performance is not a guarantee of future results, and projections or forward-looking statements are inherently uncertain. You should carefully review any assumptions underlying performance data.
Electronic Communications and Signatures
By agreeing to these Terms, you consent to receive all communications electronically, including notices, agreements, disclosures, and other documents. If you withdraw your consent, dub may charge a fee or require you to discontinue using the Platform. You agree to maintain valid contact information and acknowledge that electronic agreements carry the same legal force as written contracts.
dub may monitor and record communications for quality control, compliance, and legal purposes. By communicating with dub, you consent to such monitoring and recording.
US Short Code Agreement
By using our services, you agree to receive SMS messages from dub for authentication, notifications, and marketing purposes. Standard messaging rates may apply. For any questions or concerns, contact us at support@dubapp.com.
Local Regulatory Restrictions
The Platform may not be accessed from jurisdictions where its use is prohibited by law. Those who access the Platform from outside the United States are responsible for compliance with local laws.
Additional Representations
By using the Platform, you confirm that you are at least 18 years old and that your use of the Platform complies with all applicable laws and regulations. You also agree not to disrupt the Platform’s functionality or engage in any activity that violates these Terms.
No Warranty and Limitations of Liability
dub makes no warranties regarding the Platform’s functionality, availability, or accuracy. Your use of the Platform is at your own risk. dub shall not be liable for any damages arising from your use of the Platform, whether direct or indirect. You agree that any claims against dub must be brought within one year of the event giving rise to the claim.
Governing Law and Arbitration
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes will be resolved through binding arbitration in New York, unless the parties agree otherwise. You waive the right to bring any claims as part of a class action.
Class Action Waiver
By agreeing to these Terms, you waive the right to participate in any class or representative action against dub. Disputes will be resolved on an individual basis only.
Miscellaneous
These Terms constitute the entire agreement between you and dub regarding your use of the Platform. We may update these Terms from time to time by posting revised versions on the Platform. Your continued use of the Platform constitutes acceptance of any changes.
If you have any questions, please contact us at support@dubapp.com.
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