DASTA, INC.
DUB PLATFORM TECHNOLOGY AGREEMENT

This Dub Platform Technology Agreement (this "Agreement") is entered into by DASTA, Inc.
("DASTA" or "we" or "us"), a Delaware corporation, and the undersigned ("you" or "User").
DASTA owns, develops, and operates the dub mobile application and website (collectively, the
"dub Platform" or the "Platform"), including all related proprietary technology, software,
infrastructure, algorithms, user interfaces, features, and tools that comprise the Platform
(collectively, the "Platform Technology").
DASTA is the parent company of dub Financial, LLC ("dub Financial"), a broker-dealer
registered with the Securities and Exchange Commission ("SEC") and a member of FINRA, and
dub Advisors LLC ("dub Advisors"), an SEC-registered investment adviser. This Agreement
governs your subscription to and use of the Platform as a technology product provided by DASTA.
This Agreement does not govern the brokerage services provided by dub Financial or the
investment advisory services provided by dub Advisors, which are governed by separate
agreements with those entities.
Access to and use of the Platform is conditioned upon, and requires, an active, paid Platform
Subscription as set forth in this Agreement. By subscribing to, accessing, or using the Platform,
you are entering into this Agreement with DASTA.
IMPORTANT: By clicking "I Accept," subscribing to the Platform, or otherwise accessing or using
the Platform, you acknowledge that you have read, understood, and agree to be bound by the
terms of this Agreement. You should not subscribe to or use the Platform if you have any
questions about your rights or obligations under this Agreement. Please direct all questions to
support@dubapp.com.
1. DEFINITIONS
"Auto-Copy" means the automated functionality within the Platform that enables a User to
configure their brokerage account to automatically replicate the holdings and allocation weights
of a selected Portfolio on an ongoing basis, subject to the User’s specified parameters and any
applicable reauthorization requirements.
"Peer-to-Peer Copying" means the functionality within the Platform that enables a User to view
and elect to replicate the holdings and allocations of another User’s Portfolio through self-directed
orders placed via their brokerage account with dub Financial.
"Platform" means the dub mobile application, website, and all related Platform Technology made
available by DASTA, including all features, tools, and interfaces provided therein.
"Platform Subscription" means the paid subscription offered by DASTA that grants a User
access to and the right to use the Platform, subject to the terms of this Agreement.
"Platform Technology" means DASTA’s proprietary technology infrastructure, software,
algorithms, user interfaces, data systems, features, and tools that comprise or support the
Platform, including, without limitation, Portfolio Discovery, Peer-to-Peer Copying, and Auto-Copy
functionality.
"Portfolio" means any collection of securities holdings and allocation weights that a User has
created, published, or made available for copying through the Platform, including User Portfolios.
"Portfolio Discovery" means the search, filtering, sorting, ranking, and recommendation
features within the Platform that enable Users to browse, discover, and evaluate Portfolios
available on the Platform.
"Subscription Fee" means the recurring fee charged by DASTA for the Platform Subscription,
as disclosed to you through the Platform at the point of subscription and as may be modified from
time to time in accordance with this Agreement.
"Trade Instructions" means the electronic data and order information generated by the Platform
Technology and transmitted to dub Financial for execution in a User’s brokerage account.
"User Portfolio" means a Portfolio created and published by an individual User of the Platform
that is not a Premium Portfolio managed by dub Advisors.
2. PLATFORM SUBSCRIPTION AND LICENSE
a. Subscription Required. Access to and use of the Platform requires an active, paid Platform
Subscription. Your right to access and use the Platform is contingent on maintaining a current
Platform Subscription and paying all applicable Subscription Fees when due. If your Platform
Subscription lapses, is canceled, or is terminated for any reason, your license to access and use
the Platform will automatically terminate in accordance with Section 11.
b. License Grant. Subject to your payment of the applicable Subscription Fee and your
compliance with the terms and conditions of this Agreement, DASTA grants you a limited, non-
exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform
for your personal, non-commercial use during the term of your Platform Subscription.
c. Restrictions. You may not: (i) sublicense, sell, lease, rent, or otherwise transfer the Platform
or any rights therein to any third party; (ii) reverse engineer, decompile, disassemble, or attempt
to derive the source code, structure, or algorithms of the Platform; (iii) use the Platform to develop
a competing product or service; (iv) use automated scripts, bots, scrapers, or other means to
access, interact with, or extract data from the Platform except as expressly permitted; (v)
circumvent, disable, or attempt to circumvent any security measures, access controls, paywalls,
or usage limits; (vi) share your Platform Subscription or account credentials with any other person;
or (vii) use the Platform in any manner that violates applicable law or regulation.
d. Proprietary Rights. The Platform, the Platform Technology, and all related software,
algorithms, user interfaces, designs, data, content, trademarks, and other intellectual property,
are and shall remain the exclusive property of DASTA and its licensors. This Agreement does not
convey to you any ownership interest in or to the Platform or the Platform Technology. All rights
not expressly granted herein are reserved by DASTA.
e. No Advisory or Brokerage Rights Conveyed. For the avoidance of doubt, the Platform
Subscription is a subscription to a technology product. It does not, and is not intended to, convey
any brokerage services, investment advisory services, custody services, clearing services, or any
other regulated financial services. Such services, if desired by you, are provided only pursuant to
a separate agreement with dub Financial and/or dub Advisors, as applicable.
3. PLATFORM TECHNOLOGY SERVICES
a. Platform Features Generally. The Platform provides technology features that enable Users
to view, organize, and interact with information about securities, portfolios, and other Users on
the Platform. Platform features include, without limitation, Portfolio Discovery, Peer-to-Peer
Copying, Auto-Copy functionality, account summary views, social and community features,
analytics and data visualizations, educational content, and other tools that may be introduced
from time to time. The features available through the Platform may change at DASTA’s discretion,
with or without notice.
b. Portfolio Discovery. The Platform provides tools that enable you to search, filter, sort, and
discover Portfolios available on the Platform. Portfolio Discovery features may include search by
portfolio name, creator, asset class, risk profile, historical performance, number of copiers, and
other criteria. Portfolio rankings and sorting are based on objective, quantitative metrics, which
may include historical returns, number of copiers, aggregate copying capital, and other
measurable factors. You acknowledge that: (i) the presentation, ranking, or ordering of Portfolios
in search results or discovery features is based on objective metrics and does not constitute a
recommendation or endorsement by DASTA, dub Financial, or dub Advisors; (ii) historical
performance information is provided for informational purposes only and is not indicative of future
results; and (iii) you are solely responsible for evaluating and selecting any Portfolio you choose
to copy.
c. Peer-to-Peer Copying. The Platform enables you to copy User Portfolios created by other
Users on the Platform. When you elect to copy a User Portfolio: (i) the Platform Technology
generates Trade Instructions based on the current holdings and allocations of the selected User
Portfolio; (ii) you authorize the transmission of such Trade Instructions to dub Financial for
execution as self-directed orders in your brokerage account; (iii) you understand and agree that
copying a User Portfolio is a self-directed investment decision and does not constitute investment
advice from DASTA, dub Financial, or dub Advisors; and (iv) you acknowledge that User Portfolios
are not subject to fiduciary oversight by dub Advisors and that DASTA does not evaluate, approve,
or monitor the investment merit or suitability of User Portfolios.
d. Auto-Copy Functionality. The Platform includes Auto-Copy functionality that enables you to
configure your brokerage account to automatically replicate changes to a selected Portfolio on an
ongoing basis. When you enable Auto-Copy:
(i) You authorize the Platform Technology to monitor the selected Portfolio for changes and to
generate Trade Instructions when the Portfolio is rebalanced or modified;
(ii) You authorize the transmission of such Trade Instructions to dub Financial for execution in
your brokerage account;
(iii) Auto-Copy authorization for User Portfolios shall remain in effect for a period of up to three
(3) months, after which you must affirmatively reauthorize Auto-Copy to continue;
(iv) You may disable Auto-Copy at any time through the Platform; and
(v) If the Portfolio you are copying becomes inactive, is deleted, or is otherwise no longer
available, the Platform Technology may generate Trade Instructions to liquidate your positions in
that Portfolio, and you authorize such liquidation.
e. Trade Instruction Generation and Transmission. The Platform Technology generates Trade
Instructions based on the holdings, allocations, and changes to Portfolios you elect to copy and
transmits such Trade Instructions electronically to dub Financial for execution. You acknowledge
that: (i) DASTA’s responsibility with respect to any copy transaction is limited solely to the accurate
generation and transmission of Trade Instructions to dub Financial; (ii) once Trade Instructions
have been transmitted, responsibility for order execution, clearing, custody, and settlement
transfers exclusively to dub Financial and its clearing firm; and (iii) DASTA does not guarantee
that any Trade Instruction will be executed at any particular price, in any particular quantity, or
within any particular timeframe.
DASTA does not receive, hold, route, clear, settle, store, or maintain custody of customer funds,
securities, or live trade orders. Any order-related information processed by the Platform
Technology is used solely for transient, technical purposes in connection with the generation of
Trade Instructions and is not maintained as a system of record.
f. Technology-Only Services; No Regulated Activity. The Platform is a software-based
technology product. DASTA does not provide brokerage services, investment advisory services,
order execution services, custody services, trade routing services, or clearing services through
the Platform. DASTA does not act as a broker, dealer, investment adviser, fiduciary, agent, or
representative of the User in connection with any transaction generated through or facilitated by
the Platform. The Platform Subscription is a subscription to technology and does not entitle you
to, and shall not be construed as providing, any regulated financial service.
g. Modifications to Features. DASTA reserves the right, in its sole discretion, to add, modify,
suspend, or discontinue any feature, functionality, or component of the Platform at any time, with
or without notice. No feature of the Platform is guaranteed to remain available for the duration of
your Platform Subscription.
4. SUBSCRIPTION FEE AND BILLING
a. Subscription Fee. In consideration for your Platform Subscription, you agree to pay the
applicable Subscription Fee. The amount of the Subscription Fee, the billing frequency (e.g.,
monthly or annual), and the payment terms will be disclosed to you through the Platform at the
point of subscription. By subscribing to the Platform, you authorize DASTA (or its third-party
payment processor) to charge your designated payment method for the applicable Subscription
Fee on a recurring basis until your Platform Subscription is canceled or terminated.
b. Automatic Renewal. Unless otherwise disclosed at the point of subscription, your Platform
Subscription will automatically renew at the end of each billing period for successive periods of
the same length at the then-current Subscription Fee, until canceled in accordance with this
Agreement.
c. Free Trials or Promotional Offers. DASTA may, from time to time, offer free trials, discounted
pricing, or other promotional offers on the Platform Subscription. Such offers are subject to the
specific terms disclosed at the time they are offered. Unless otherwise stated, at the end of any
free trial or promotional period, your Platform Subscription will automatically convert to a paid
subscription at the then-current Subscription Fee, and your designated payment method will be
charged accordingly.
d. Fee Changes. DASTA reserves the right to modify the Subscription Fee or introduce new fees
for the Platform or any feature thereof at any time. DASTA will provide you with at least thirty (30)
days’ advance notice of any material change in the Subscription Fee for services you are currently
using. Your continued use of the Platform after the effective date of any fee change constitutes
your acceptance of such change. If you do not agree to a fee change, your sole and exclusive
remedy is to cancel your Platform Subscription prior to the effective date of the change.
e. No Refunds. Except as expressly required by applicable law, all Subscription Fees are non-
refundable. No refunds or credits will be provided for partial billing periods, unused features, or
periods during which you did not actively use the Platform.
f. Taxes. All Subscription Fees are exclusive of any applicable taxes, and you are responsible for
paying all taxes, duties, or other governmental charges assessed in connection with your Platform
Subscription, other than taxes based on DASTA’s net income.
g. Relationship to Other Fees. The Subscription Fee and any other fees charged by DASTA
under this Agreement are separate from and in addition to: (i) brokerage fees and charges
imposed by dub Financial under the Customer Brokerage Agreement; (ii) advisory fees or
separate subscription fees charged by dub Advisors under the Customer Advisory Agreement for
Premium Portfolios or other advisory services; and (iii) any other fees or charges imposed by third
parties.
5. USER RESPONSIBILITIES AND ACKNOWLEDGMENTS
a. Self-Directed Investment Decisions. You acknowledge and agree that your use of the
Platform to copy User Portfolios or otherwise direct activity in your brokerage account constitutes
self-directed investment activity. DASTA does not provide investment advice, and the Platform is
a technology product that facilitates your self-directed investment decisions. You are solely
responsible for: (i) evaluating any Portfolio before electing to copy it; (ii) determining whether any
Portfolio is appropriate for your investment objectives, risk tolerance, and financial situation; and
(iii) monitoring your investments and making decisions about when to start, stop, or modify
copying any Portfolio.
b. No Investment Advice. You acknowledge that: (i) DASTA is a technology company and not a
registered investment adviser or broker-dealer; (ii) the Platform and any information provided
through the Platform (including Portfolio performance data, rankings, analytics, and other metrics)
is for informational purposes only and does not constitute investment advice, a recommendation,
or an endorsement of any Portfolio, security, or investment strategy; (iii) no fiduciary relationship
exists between you and DASTA with respect to your use of the Platform to copy User Portfolios
or otherwise engage with the Platform; and (iv) you should consult with a qualified financial advisor
before making investment decisions.
c. Portfolio Creator Disclaimers. You acknowledge that Users who create and publish User
Portfolios: (i) are not registered investment advisers, broker-dealers, or other licensed financial
professionals (unless separately disclosed); (ii) have no fiduciary duty to you; (iii) may have
interests that differ from or conflict with your interests; (iv) may change their Portfolio holdings at
any time without notice to you; and (v) may discontinue or delete their Portfolio at any time.
d. Account Security. You are responsible for maintaining the confidentiality of your Platform
credentials and for all activity that occurs under your account and Platform Subscription. You
agree to notify DASTA immediately of any unauthorized use of your account or any other breach
of security.
e. Geographic Restrictions. The Platform is intended for use only by individuals who are
residents of the fifty (50) United States and its territories. The Platform may not be accessed from
jurisdictions where its use is prohibited by law. If you access the Platform from outside the United
States, you are responsible for compliance with local laws. DASTA makes no representation that
the Platform is appropriate or available for use in any jurisdiction outside the United States. You
agree to terminate your use of the Platform and cancel your Platform Subscription if you cease to
reside in the United States.
f. Portfolio Creators. If you create and publish a Portfolio that other Users may copy, you
acknowledge and agree that: (i) you control what information you include in your Portfolio and any
associated profile, description, or content; (ii) by publishing a Portfolio, you authorize DASTA to
display, reproduce, and distribute your Portfolio information on the Platform, including in
connection with rankings, leaderboards, and discovery features; (iii) your Portfolio information
may be viewed by other Users and may be accessible outside the Platform via sharing features
or search engines; (iv) you will not include sensitive personal information in your Portfolio name,
description, or associated content; and (v) your use of the Platform to create and publish Portfolios
is subject to the Platform’s Terms of Use and Community Guidelines.
g. Compliance with Law. You represent and warrant that your use of the Platform and your
Platform Subscription will comply with all applicable laws, rules, and regulations, and you will not
use the Platform for any unlawful, fraudulent, or abusive purpose.
6. LIMITATION OF LIABILITY; ALLOCATION OF RESPONSIBILITY
a. DASTA Technology Responsibility. DASTA is responsible for the proper functioning of the
Platform Technology, including: (i) the accurate generation of Trade Instructions based on
Portfolio data; (ii) the timely transmission of Trade Instructions to dub Financial; and (iii) the proper
operation of Portfolio Discovery, Auto-Copy, and other Platform features. DASTA’s responsibility
for any copy transaction terminates upon successful transmission of Trade Instructions to dub
Financial.
b. Handoff to Broker-Dealer. You acknowledge and agree that once Trade Instructions have
been transmitted by the Platform Technology to dub Financial: (i) responsibility for order
execution, clearing, custody, and settlement transfers exclusively to dub Financial and its clearing
firm, Apex Clearing Corporation; (ii) DASTA shall have no liability for any delays, errors, failures,
or interruptions in order execution, clearing, custody, or settlement; and (iii) any claims, disputes,
or obligations relating to order execution, best execution, trade confirmation, allocation, or
settlement shall be governed solely by your Customer Brokerage Agreement with dub Financial.
For the avoidance of doubt, you acknowledge and agree that DASTA does not select execution
venues, determine routing logic, assess execution quality, compare prices, monitor spreads, or
otherwise participate in or influence the execution of any transaction. DASTA has no responsibility
for best execution, order handling practices, trade sequencing, aggregation, allocation
methodologies, or compliance with broker-dealer regulatory obligations, all of which are the sole
responsibility of the executing broker-dealer.
c. Technology Disclaimer. THE PLATFORM AND PLATFORM TECHNOLOGY ARE
PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
DASTA DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-
FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
d. Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL DASTA, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF PROFITS, TRADING LOSSES, LOSS OF DATA, OR LOSS OF
GOODWILL, ARISING OUT OF OR RELATED TO YOUR PLATFORM SUBSCRIPTION OR USE
OF THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON
CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF DASTA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
e. Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
DASTA’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT
OF OR RELATED TO THIS AGREEMENT, YOUR PLATFORM SUBSCRIPTION, OR YOUR
USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL
SUBSCRIPTION FEES AND OTHER AMOUNTS PAID BY YOU TO DASTA UNDER THIS
AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (II) ONE
HUNDRED DOLLARS ($100).
f. Exceptions. Nothing in this Section 6 shall limit DASTA’s liability for: (i) fraud or intentional
misconduct; (ii) gross negligence; or (iii) any liability that cannot be limited or excluded under
applicable law.
7. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DASTA, its affiliates, and their respective
officers, directors, employees, agents, and licensors (collectively, the "DASTA Parties") from
and against any and all claims, damages, losses, liabilities, costs, and expenses (including
reasonable attorneys’ fees) arising out of or related to: (i) your Platform Subscription and/or your
use of the Platform; (ii) your breach of this Agreement; (iii) your violation of any applicable law or
regulation; (iv) your investment decisions, including any decision to copy any Portfolio; or (v) any
dispute between you and any other User, including any Portfolio creator.
8. SERVICE INTERRUPTIONS AND MODIFICATIONS
a. Service Availability. DASTA does not guarantee that the Platform will be available at all times.
Access to the Platform may be limited or unavailable due to: (i) scheduled or unscheduled
maintenance; (ii) software updates or upgrades; (iii) system failures or technical difficulties; (iv)
internet service disruptions; (v) market volatility or high demand; (vi) actions of governmental,
judicial, or regulatory bodies; or (vii) force majeure events.
b. Modifications. DASTA reserves the right to modify, suspend, or discontinue any feature or
functionality of the Platform at any time, with or without notice. DASTA shall not be liable to you
or any third party for any modification, suspension, or discontinuation of the Platform or any
feature thereof.
c. No Liability for Interruptions. You agree that DASTA shall not be liable for any losses,
damages, or other consequences arising from service interruptions, including any failure to
generate or transmit Trade Instructions during a service interruption. Service interruptions do not,
in themselves, entitle you to any refund, credit, or abatement of Subscription Fees.
9. RELATIONSHIP WITH OTHER AGREEMENTS
a. Separate Agreements. This Agreement governs your subscription to and use of the Platform
as a technology product provided by DASTA. Your brokerage relationship with dub Financial,
including the opening, maintenance, and operation of any brokerage account, is governed by the
Customer Brokerage Agreement between you and dub Financial. If you elect to invest in Premium
Portfolios or otherwise engage dub Advisors for investment advisory services, your advisory
relationship with dub Advisors is governed by the separate Customer Advisory Agreement
between you and dub Advisors (including any separate premium advisory subscription terms).
Each of these agreements is separate and independent from this Agreement.
b. Premium Advisory Subscription Unaffected. For the avoidance of doubt, the Platform
Subscription is a technology subscription provided by DASTA and is separate from, and does not
include, any investment advisory subscription or service provided by dub Advisors. The fees,
terms, and conditions applicable to any premium advisory subscription with dub Advisors are set
forth exclusively in the Customer Advisory Agreement with dub Advisors and are not affected by
this Agreement.
c. Integrated Use. While this Agreement, the Customer Brokerage Agreement, and the Customer
Advisory Agreement are separate agreements with separate entities, you acknowledge that
meaningful use of the Platform typically requires an active brokerage account with dub Financial,
and that the Platform operates in conjunction with the brokerage services provided by dub
Financial. Nothing in this Agreement obligates DASTA, dub Financial, or dub Advisors to continue
offering any particular service, product, or feature.
d. Affiliate Disclaimer. While dub Financial and dub Advisors are subsidiaries of DASTA, they
are separate legal entities with separate regulatory obligations. DASTA is not responsible for the
acts or omissions of dub Financial or dub Advisors, and neither dub Financial nor dub Advisors is
responsible for the acts or omissions of DASTA.
10. TERM AND TERMINATION
a. Term. This Agreement is effective upon your acceptance and shall remain in effect for so long
as you maintain an active Platform Subscription.
b. Cancellation by You. You may cancel your Platform Subscription at any time through the
Platform or by contacting support@dubapp.com. Cancellation will take effect at the end of your
then-current billing period, and you will retain access to the Platform through the end of that
period. You will not be entitled to a refund of any Subscription Fees already paid, except as
expressly required by applicable law.
c. Termination by DASTA. DASTA may suspend, restrict, or terminate your Platform
Subscription and your access to the Platform at any time, with or without notice, if: (i) you fail to
pay any applicable Subscription Fee when due; (ii) you breach this Agreement; (iii) DASTA
reasonably believes that your use of the Platform violates applicable law or poses a risk to
DASTA, the Platform, or other Users; or (iv) DASTA discontinues the Platform or the Platform
Subscription generally.
d. Automatic Termination. This Agreement and your license to use the Platform shall
automatically terminate upon the earlier of: (i) cancellation or termination of your Platform
Subscription; or (ii) termination of your Customer Brokerage Agreement with dub Financial, to the
extent an active brokerage account is required for continued use of the Platform.
e. Suspension. If dub Financial suspends, restricts, or limits your brokerage account pursuant to
the Customer Brokerage Agreement, your access to the Platform may be correspondingly
suspended, restricted, or limited. The terms and conditions governing suspension or restriction of
your brokerage account are set forth in the Customer Brokerage Agreement.
f. Effect of Termination. Upon termination of this Agreement: (i) your license to access and use
the Platform shall immediately terminate; (ii) any pending Auto-Copy authorizations shall be
cancelled; (iii) any liquidation of positions in your brokerage account shall be governed by the
terms of the Customer Brokerage Agreement; and (iv) DASTA shall have no obligation to refund
any Subscription Fees previously paid, except as expressly required by applicable law. Sections
5, 6, 7, 11, and 12 shall survive termination.
11. DISPUTE RESOLUTION AND ARBITRATION
a. Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to this
Agreement, your Platform Subscription, or your use of the Platform shall be resolved by binding
arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and
Procedures. The arbitration shall be conducted in New York, New York, unless otherwise agreed
by the parties.
b. Waiver of Jury Trial. BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT
TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS
ARBITRATION.
c. Class Action Waiver. You agree that any arbitration shall be conducted on an individual basis
and not as a class, consolidated, or representative action. The arbitrator may not consolidate
claims or preside over any form of class or representative proceeding.
d. Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable
relief in any court of competent jurisdiction to prevent the actual or threatened infringement,
misappropriation, or violation of a party’s intellectual property rights or to enforce the payment of
any Subscription Fee.
12. GENERAL PROVISIONS
a. Governing Law. This Agreement 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.
b. Entire Agreement. This Agreement, together with any other agreements referenced herein,
constitutes the entire agreement between you and DASTA with respect to the subject matter
hereof and supersedes all prior or contemporaneous communications, whether electronic, oral,
or written, including, without limitation, any prior DASTA technology or copy trading agreement
between you and DASTA.
c. Amendment. DASTA reserves the right to modify this Agreement at any time. DASTA may
notify you of modifications to this Agreement by posting the revised Agreement on the Platform,
by email to your address of record, or by other reasonable means. Your continued access to or
use of the Platform following notice of any modification constitutes your binding acceptance of
such modification, whether or not you actually or timely receive or access such notice. For material
changes, DASTA will endeavor to provide at least thirty (30) days’ advance notice, but failure to
provide such advance notice shall not affect the validity or enforceability of any modification.
d. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable,
the remaining provisions shall continue in full force and effect.
e. Waiver. The failure of DASTA to enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision.
f. Assignment. You may not assign or transfer this Agreement or any rights hereunder without
DASTA’s prior written consent. DASTA may assign this Agreement without restriction.
g. Notices. DASTA may provide notices to you by posting on the Platform, by email to the address
associated with your account, or by other reasonable means. You may provide notices to DASTA
by email to support@dubapp.com or by mail to DASTA, Inc., 101 Greenwich Street, Floor 2, Suite
504, New York, NY 10006.
h. Electronic Signatures. Your electronic acceptance of this Agreement constitutes a valid,
binding signature with the same legal effect as a handwritten signature.
ACCEPTANCE: BY TAPPING "SUBSCRIBE" SUBSCRIBING TO THE DUB PLATFORM, OR
OTHERWISE ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT.