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DUB PRODUCT COUNCIL TERMS OF USE

Last updated:

Justin Ramirez CCO and General Counsel

PLEASE READ THESE PRODUCT COUNCIL TERMS OF USE (THESE “COUNCIL TERMS”) CAREFULLY BEFORE PARTICIPATING IN THE DUB PRODUCT COUNCIL. By accepting an invitation to, accessing, or participating in the dub Product Council (the “Product Council” or the “Program”), or by accessing or using any Beta Feature (as defined below), you acknowledge that you have read, understood, and agree to be bound by these Council Terms. If you do not agree to these Council Terms, you must not participate in the Program or access or use any Beta Feature.

These Council Terms supplement and are incorporated into the DASTA Inc. (“Dub,” “we,” “us,” or “our”) general Terms of Service and Privacy Policy (collectively, the “Agreement”). In the event of a conflict between these Council Terms and the Agreement, these Council Terms shall control solely with respect to the Program and the Beta Features. Capitalized terms not defined herein have the meanings ascribed to them in the Agreement.

1. The Product Council; Beta Features

  • The Program. The Product Council is an invitation-only program through which a limited group of Dub users tests and evaluates pre-release products, features, and functionality and provides feedback to Dub’s product managers and other personnel.
  • Beta Features. “Beta Features” means any product, feature, functionality, tool, integration, content, or service that Dub makes available to Product Council members on a pre-release, preview, pilot, experimental, or limited-availability basis, whether or not labeled “beta,” and whether accessed through the Dub mobile application, web platform, or otherwise. Dub may add, modify, or remove Beta Features from the Program at any time without prior notice. Each Beta Feature made available to you is governed by these Council Terms, together with any feature-specific terms Dub may provide.
  • Experimental Nature. Beta Features are experimental and are made available on a pre-release, “as-is” basis for testing and evaluation purposes only. Beta Features may contain bugs, errors, or deficiencies; may be modified, suspended, or discontinued at any time without notice; and may never be released commercially. Dub is under no obligation to release a final or commercial version of any Beta Feature.

2. Membership; Eligibility

  • Invitation Only. Membership in the Product Council is by invitation only and is granted, denied, suspended, or revoked in Dub’s sole discretion. To be eligible, you must be at least eighteen (18) years of age and maintain a Dub account in good standing.
  • Personal; Non-Transferable. Your membership is personal to you and may not be assigned, transferred, or shared. You may not permit any other person to access any Beta Feature through your account.
  • Open-Ended Term. Membership is open-ended and continues until terminated by you or by Dub in accordance with Section 12. Membership does not entitle you to access any particular Beta Feature, to continued membership, or to continued access to any Beta Feature or any future version thereof.
  • No Effect on Your Account. Except as expressly set forth herein, participation in the Program does not modify your rights or obligations under the Agreement or with respect to your Dub account.

3. Participation; Feedback

  • Participation Activities. As a Product Council member, you may be invited to test Beta Features, complete surveys and questionnaires, participate in interviews, user research sessions, and discussions with Dub product managers and other personnel, and provide comments, suggestions, ideas, bug reports, impressions, and other input regarding Beta Features and Dub’s products and services generally (collectively, “Feedback”).
  • Voluntary Participation. Your participation in the Program and any particular activity is voluntary. Dub may, however, remove members who are inactive or who do not participate in Program activities.
  • No Obligation Regarding Feedback. Dub is under no obligation to review, respond to, implement, or credit any Feedback, and Dub may develop or release products or features similar to or informed by your Feedback without notice, attribution, or compensation to you.

4. No Compensation; No Employment or Agency Relationship

You will not receive, and you are not entitled to, any compensation, remuneration, or other consideration of any kind for your participation in the Program, your testing of any Beta Feature, or any Feedback you provide. You are not an employee, contractor, agent, or representative of Dub, and you have no authority to act on behalf of or bind Dub in any manner. Nothing in these Council Terms creates any employment, agency, partnership, joint venture, fiduciary, or advisory relationship between you and Dub.

5. Live Account Testing; Financial Risk

  • Live Accounts. You acknowledge and understand that Beta Features may operate on or interact with your live, funded Dub account, including real orders, trades, positions, balances, transfers, and account settings. Beta Features are not limited to simulated or “sandbox” environments.
  • Real Financial Consequences. Because Beta Features are experimental and may contain bugs, errors, delays, or malfunctions, your use of Beta Features may have real financial consequences, including without limitation erroneous, delayed, duplicated, or failed orders or transactions, inaccurate displays of positions, balances, or performance, and loss of investment value or principal.
  • Errors Attributable to Dub. If your account experiences an erroneous, duplicated, failed, or otherwise incorrect transaction, or other direct financial impact, as a result of a technical error, bug, or malfunction in a Beta Feature that is attributable to Dub, Dub will review the matter and address any such error in accordance with the Agreement, Dub’s error-correction policies and procedures, and applicable law and regulation.
  • Risks You Bear. EXCEPT FOR TECHNICAL ERRORS ATTRIBUTABLE TO DUB AS DESCRIBED ABOVE, YOU EXPRESSLY ACCEPT ALL RISK ARISING FROM YOUR USE OF BETA FEATURES ON A LIVE, FUNDED ACCOUNT, INCLUDING WITHOUT LIMITATION MARKET RISK, RISK ARISING FROM YOUR OWN INVESTMENT AND TRADING DECISIONS, AND RISK ARISING FROM YOUR RELIANCE ON ANY CONTENT OR OUTPUT OF ANY BETA FEATURE.
  • Your Responsibilities. You are responsible for monitoring your account activity, orders, positions, and balances when using any Beta Feature, and you agree to promptly report to Dub any suspected error, malfunction, or unexpected behavior so that Dub can investigate and, where applicable, correct it. Nothing in this Section limits any rights you may have under applicable law or regulation that cannot be waived or limited by agreement.

6. No Investment Advice; Educational Purpose Only

  • Not Investment Advice. NEITHER THE PROGRAM NOR ANY BETA FEATURE, NOR ANY CONTENT, OUTPUT, OR COMMUNICATION PROVIDED THROUGH THE PROGRAM OR ANY BETA FEATURE, PROVIDES OR SHALL BE CONSTRUED AS PROVIDING INVESTMENT ADVICE, FINANCIAL ADVICE, TRADING ADVICE, TAX ADVICE, LEGAL ADVICE, OR ANY OTHER FORM OF PERSONALIZED PROFESSIONAL ADVICE OR RECOMMENDATION. Nothing made available through the Program or any Beta Feature constitutes a solicitation, recommendation, endorsement, or offer by Dub to buy, sell, or hold any security, financial product, or investment strategy.
  • Not a Fiduciary. Dub does not act as your fiduciary, investment adviser, or broker-dealer in connection with the Program or any Beta Feature, and your participation does not create an advisory, fiduciary, or other professional relationship between you and Dub.
  • Independent Decision-Making. You are solely responsible for evaluating the merits and risks of any investment decision you make. You should not rely on the Program or any Beta Feature, or any content or output thereof, as the basis for any investment, financial, or trading decision. Before making any investment decision, you should consult a qualified, licensed financial advisor or other professional who can evaluate your specific financial circumstances and risk tolerance.
  • No Guarantee of Returns. Past performance is not indicative of future results. Any discussion of historical returns, portfolio performance, or market trends is provided solely for informational purposes and does not guarantee future performance. All investments involve risk, including the possible loss of principal.

7. AI Features; Accuracy Limitations

  • AI Features. Certain Beta Features may incorporate artificial intelligence (“AI”) technologies, including large language models, that generate content, responses, or other outputs (“AI Outputs”).
  • No Warranty of Accuracy. AI Outputs and other content generated or displayed by Beta Features may be inaccurate, incomplete, misleading, fabricated (“hallucinated”), outdated, or otherwise unreliable, including with respect to financial data, market conditions, and descriptions of securities or investment products. Any data referenced by a Beta Feature may be delayed, incomplete, or derived from third-party sources that Dub does not independently verify. Dub makes no representation or warranty regarding the accuracy, completeness, reliability, timeliness, or fitness for any particular purpose of any AI Output or other Beta Feature content.

8. Assumption of Risk; Waiver; Limitation of Liability

  • Assumption of Risk. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE PROGRAM AND YOUR ACCESS TO AND USE OF, AND ANY RELIANCE ON, ANY BETA FEATURE OR ITS OUTPUTS IS ENTIRELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION ANY RISK ASSOCIATED WITH INVESTMENT DECISIONS YOU MAKE BASED ON, OR INFORMED BY, ANY BETA FEATURE, AND ANY RISK DESCRIBED IN SECTION 5.
  • Waiver of Claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AND DISCHARGE DUB, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “DUB PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO: (i) YOUR PARTICIPATION IN THE PROGRAM OR YOUR USE OF OR RELIANCE ON ANY BETA FEATURE OR ANY OUTPUT THEREOF; (ii) ANY INVESTMENT, FINANCIAL, OR TRADING DECISION YOU MAKE BASED ON, OR INFORMED BY, ANY BETA FEATURE; (iii) ANY INACCURACY, ERROR, OMISSION, MALFUNCTION, OR DEFICIENCY IN ANY BETA FEATURE OR ANY OUTPUT THEREOF; OR (iv) ANY LOSS OF DATA, PROFITS, REVENUE, OR INVESTMENT VALUE RESULTING FROM THE PROGRAM OR ANY BETA FEATURE.
  • Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DUB PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INVESTMENT LOSSES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT DUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DUB’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PROGRAM OR ANY BETA FEATURE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
  • Carve-Out. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 8, NOTHING IN THESE COUNCIL TERMS WAIVES, RELEASES, OR LIMITS (i) DUB’S OBLIGATIONS WITH RESPECT TO TECHNICAL ERRORS ATTRIBUTABLE TO DUB AS DESCRIBED IN SECTION 5, OR (ii) ANY RIGHTS OR REMEDIES YOU MAY HAVE UNDER APPLICABLE LAW OR REGULATION THAT CANNOT BE WAIVED OR LIMITED BY AGREEMENT.
  • Disclaimer of Warranties. THE PROGRAM, ALL BETA FEATURES, AND ALL OUTPUTS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR COMPLETENESS. DUB DOES NOT WARRANT THAT ANY BETA FEATURE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Intellectual Property

  • Dub’s Ownership. The Program and the Beta Features, including but not limited to all underlying models, algorithms, software, user interfaces, designs, architecture, data structures, prompts, workflows, and all related documentation and materials (collectively, the “Program IP”), are and shall remain the sole and exclusive property of Dub and/or its licensors. These Council Terms do not grant you any ownership interest in the Program IP.
  • Limited License. Subject to your compliance with these Council Terms, Dub grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Beta Features made available to you, solely for your personal, non-commercial use and solely for testing and evaluation purposes during your membership. This license terminates immediately upon termination of your membership, removal of the applicable Beta Feature, or your violation of these Council Terms.
  • Restrictions. You shall not, directly or indirectly: (i) copy, reproduce, distribute, publish, display, or create derivative works of any Beta Feature or any output thereof for commercial purposes; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, models, or underlying technology of any Beta Feature; (iii) use any Beta Feature to build, train, or improve a competing product or service; (iv) use automated means (including bots, scrapers, or crawlers) to access any Beta Feature or extract outputs in bulk; (v) remove, alter, or obscure any proprietary notices, labels, or markings on or within any Beta Feature; or (vi) sublicense, sell, resell, lease, or otherwise commercially exploit any Beta Feature or any output thereof.
  • Feedback License. You hereby grant Dub a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable license to use, reproduce, modify, distribute, and otherwise exploit any Feedback — whether provided in-app, in surveys, in interviews or research sessions, in community channels, or through any other means — for any purpose without restriction, attribution, or compensation to you.

10. Confidentiality; Public Statements

  • Confidential Information. You acknowledge that the following constitutes confidential and proprietary information of Dub (collectively, “Confidential Information”): (i) the existence, features, functionality, performance characteristics, user interfaces, and outputs of any Beta Feature; (ii) Dub’s product roadmaps, plans, strategies, and metrics; (iii) any non-public information disclosed to you by Dub personnel or other Program participants in connection with the Program, including discussions in interviews, research sessions, and community channels; and (iv) the existence of your membership in, and the composition of, the Product Council.
  • Non-Disclosure Obligations. You agree to: (i) maintain the strict confidentiality of all Confidential Information; (ii) not disclose, publish, or otherwise disseminate any Confidential Information to any third party without Dub’s prior written consent; (iii) not post screenshots, recordings, descriptions, or reviews of any Beta Feature or the Program on any social media platform, website, forum, blog, or other public or semi-public medium; and (iv) use the Confidential Information solely for the purpose of participating in the Program and providing Feedback to Dub.
  • Public Statements. Without limiting the foregoing, you shall not make any public statement regarding the Program, your membership, any Beta Feature, or any non-public Dub product or plan without Dub’s prior written consent.
  • Exceptions. The obligations set forth in this Section 10 shall not apply to information that: (i) is or becomes publicly available through no fault of yours; (ii) was known to you prior to disclosure by Dub, as demonstrated by written records; or (iii) is required to be disclosed by law, regulation, or court order, provided that you give Dub prompt written notice of such requirement and cooperate with any effort by Dub to obtain a protective order.

11. Data Use; Privacy; Communications

  • Data Use. You acknowledge and agree that Dub may collect, store, and process data related to your participation in the Program and your use of Beta Features, including but not limited to your inputs, queries, interactions, usage patterns, survey responses, and device information, for the purposes of improving, developing, and enhancing the Beta Features and Dub’s products and services. Such data collection and processing shall be governed by Dub’s Privacy Policy. Dub may use aggregated or de-identified data derived from your participation for analytics, research, and product development purposes.
  • Communications; Recording. You consent to receive communications from Dub regarding the Program, including by email, in-app messaging, and other channels. You further consent to the recording and transcription of interviews and research sessions in which you participate, and to Dub’s use of such recordings and transcriptions in accordance with these Council Terms and the Privacy Policy.

12. Term; Termination

  • Term. These Council Terms apply for so long as you are a member of the Product Council or retain access to any Beta Feature.
  • Withdrawal by You. You may withdraw from the Program at any time by providing written notice to Dub.
  • Termination by Dub. Dub may suspend or terminate your membership or your access to any Beta Feature at any time, for any reason or no reason, with or without notice.
  • Effect of Termination; Survival. Upon termination of your membership, your license to use the Beta Features shall immediately cease. Sections 4, 6, 8, 9, 10, 13, 14, and 15, and any other provision that by its nature should survive, shall survive any termination of your membership or these Council Terms.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Dub Parties from and against any and all claims, demands, suits, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your participation in the Program or your use of or access to any Beta Feature; (ii) your violation of these Council Terms, including your confidentiality obligations; (iii) any investment or financial decision you make based on or informed by any Beta Feature; or (iv) your violation of any applicable law or regulation in connection with the Program or any Beta Feature.

14. Governing Law and Dispute Resolution

These Council Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Council Terms, the Program, or any Beta Feature shall be resolved in accordance with the dispute resolution provisions set forth in the Agreement.

15. Miscellaneous

  • Entire Agreement. These Council Terms, together with the Agreement and any feature-specific terms provided by Dub, constitute the entire agreement between you and Dub with respect to the Program and the Beta Features and supersede all prior or contemporaneous understandings, representations, or agreements.
  • Amendments. Dub reserves the right to modify these Council Terms at any time. If Dub makes material changes, it will notify you through the Dub platform or by other reasonable means. Your continued participation in the Program or use of any Beta Feature after such notification constitutes your acceptance of the modified Council Terms.
  • Severability. If any provision of these Council Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Council Terms shall otherwise remain in full force and effect.
  • No Waiver. Dub’s failure to enforce any right or provision of these Council Terms shall not be deemed a waiver of such right or provision.

ACKNOWLEDGMENT AND ACCEPTANCE

By clicking “I Agree” or otherwise accepting an invitation to, accessing, or participating in the Product Council or any Beta Feature, I acknowledge that I have read, understood, and agree to be bound by these Council Terms. I confirm that:

  • I understand that Beta Features are experimental and may produce inaccurate, incomplete, or misleading information and may contain bugs, errors, or malfunctions;
  • I understand that Beta Features may operate on my live, funded Dub account and that errors or malfunctions may have real financial consequences; technical errors attributable to Dub will be addressed as described in Section 5, and I bear all other risks of use;
  • I understand that neither the Program nor any Beta Feature provides investment advice, financial advice, or any form of professional recommendation, and I will not rely on any Beta Feature as the sole or primary basis for any investment or financial decision;
  • I assume all risk associated with my participation in the Program and my use of any Beta Feature;
  • I will maintain the confidentiality of the Beta Features, the Program, my membership, and all other Confidential Information, and I will not make public statements about any of them without Dub’s prior written consent;
  • I understand that I will receive no compensation for my participation or Feedback; and
  • I have read and agree to Dub’s Terms of Service and Privacy Policy.