End-User License Agreement

1. Your Relationship with Brockmann

1.1Your use of and license to use Brockmann products, software, and services, including the App (as defined below) or any of our websites (collectively, the "Services") is subject to the terms of this legal agreement between you and Brockmann. "Brockmann" means Brockmann & Company, whose principal place of business is set forth in Paragraph 19.9 below, in the city of Marlborough, Massachusetts, United States. Brockmann conducts its activities and these Terms (as defined below) are accepted in such city.

1.2Unless otherwise agreed in writing with Brockmann, your agreement with Brockmann will always include, at a minimum, the terms and conditions set out in this document. These are referred to as the "Universal Terms."

1.3Your agreement with Brockmann will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Brockmann in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, the legal agreement created under the Universal Terms and the Additional Terms is referred to below as the "Terms."

1.5If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

Back to top

2. Accepting the Terms

2.1In order to use the Services, you must first agree to the Terms. You may not use any of the Services if you do not accept the Terms.

2.2You accept the Terms by:

(A) tapping or clicking to accept or agree to the Terms, where this option is made available to you by Brockmann in the user interface for any Service; or

(B) downloading any Service modality, including any App or similar arrangement that can provide any Service; or

(C) by actually using any of the Services.

In each such case, you understand and agree that Brockmann will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3You may not use any of the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Brockmann, or (b) you are a person barred from receiving the Services under the laws of the United States of America (the "U.S.").

2.4Before you continue, you should print off or save a local copy of the Universal Terms and any applicable Additional Terms for your records.

2.5We make our Services, including the App, generally available, with its reports published on regular periodic intervals, as to many newspapers, business publications, or financial publications of regular and general circulation, to anyone who has the legal authority to access and make use of the Services in accordance with the Terms and for such fees as we may charge therefor from time to time. The Services analyze securities traded in the U.S. Brockmann makes no representation that the Services, including the App and any materials provided, are appropriate for, or permitted under the laws of, any particular jurisdiction outside the U.S. If you access or use the Services, including the App, from outside the U.S., you are responsible for compliance with any applicable local laws.

2.6Brockmann does not render personalized investment advice. We do not know your financial situation, risk tolerances, or investing objectives. Accordingly, the Services we provide, including any listing of securities you may consider buying or selling based upon our analysis, do not constitute a recommendation that purchase or sale of a particular security, or any other investment strategy or action, is suitable for you or any other specific person. We cannot claim or represent that any particular purchase, sale or other investment consideration contained within the Services are suitable for you. If you want personal advice, then you should seek a registered investment advisor. We base our Services on techniques, information and sources believed to be reliable in the past and cannot guarantee future accuracy and results. Neither Brockmann or any of its owners, directors, personnel or agents shall be liable for any investment decision you make, or security purchase, sale or other action you take based upon reliance of any Services or material we provide.

2.7The information provided pursuant to the Services constitutes non-personalized disinterested commentary and analysis based on publicly available data. We do not act as a "tipster" or a "tout." Our Services contain disinterested output, commentary and analysis as opposed to promotion material. We do not seek to manipulate the market for any securities or benefit unfairly from our commentary or analysis.

2.8The Services include suggestions as to a list of recommended exchange traded securities that users of the Services may consider buying or selling based upon mathematical or algorithmic formulae related to the securities’ trading price trends. Brockmann strives to operate with the highest level of integrity and fairness. In light of this, our guidelines with respect to the Services include requiring that personnel may not trade based upon any knowledge of an upcoming listing of securities. They may only trade in any such listed security after the list has been made available through the Services, whether through the App, or otherwise. Please note there may be occasions where such personnel may have or take positions with respect to a listed security that is counter to the nature of the listing. Also, such personnel may hold securities mentioned in the Services, including the App, subject to our policies, such as those described herein. In the material and data that we make available to you or that we use to provide the Services or provide our list of securities that you may consider buying or selling, we rely on a wide variety of publicly available sources. We use these sources only if we believe at the time we use them that these sources of data to be accurate and reliable, but we take no responsibility and shall have no liability for the consequences of their inaccuracy.

Back to top

3. Language of the Terms

3.1Where Brockmann has provided you with a translation from the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Brockmann.

3.2If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

Back to top

4. License and Provision of the Services by Brockmann

4.1Services may be delivered through the use of an application available for Apple devices through the Apple App Store, or for Android devices through the Google Play Store (in either case, the "App"). Any such App made available to you is licensed, not sold, to you. Your license to the App is subject to your prior acceptance of the Terms. Licensor reserves all rights in and to the App not expressly granted to you under the Terms. Licensor grants to you a nontransferable license to use the App on any Apple-branded products (each an "Apple Device") or any Android-branded products (each an "Android Device") that you own or control and as permitted by the applicable Apple or Google Usage Rules (the "Usage Rules"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services, including the App, as provided by Brockmann, in the manner permitted by the Terms. You may not assign (or grant a sub-license of) your rights to use the Services, including the App, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services. The Terms will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by Licensor that replace or supplement the previous versions of the App. Except as provided in the Usage Rules, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Services, including the App, and, if you sell your Apple Device or Android Device to a third party, you must remove the App from that device before doing so. You may not (and you may not permit anyone else to) copy (except as permitted by the Terms and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Services or the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).

4.2You must comply with applicable third-party terms of agreement when using the Services, including the App. For example, you must not be in violation of your wireless data service agreement when using the App.

4.3The App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the U.S.

4.4Brockmann may from time to time have subsidiaries or affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Brockmann itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you and that subsidiaries and Affiliates shall benefit from the Terms to the same extent as Brockmann.

4.5Brockmann is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Brockmann provides may change from time to time without prior notice to you.

4.6As part of this continuing innovation, you acknowledge and agree that Brockmann may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Brockmann’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Brockmann when you stop using the Services.

4.7You acknowledge and agree that if Brockmann disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.8You acknowledge and agree that while Brockmann may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Brockmann at any time, at Brockmann’s discretion.

Back to top

5. Use of the Services by You

5.1In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Brockmann will always be accurate, correct and up to date.

5.2You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, including any laws regarding the export of data or software to and from the United States or other relevant countries. You may not use or otherwise export or re-export the Services, including the App, except as authorized by United States law and the laws of the jurisdiction in which you obtained or use the App. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, including the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Services, including the App, for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

5.3You agree not to access (or attempt to access) any of the Services by any means other than through the interface or application that is provided by Brockmann. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).

5.4You agree that you will not engage in any activity that interferes with or disrupts any of the Services (or the servers and networks which are connected to the Services).

5.5You agree that you will not reproduce, duplicate, copy, sell, trade or resell any of the Services for any purpose.

5.6You agree that you are solely responsible for (and that Brockmann has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Brockmann may suffer) of any such breach.

5.7You agree and understand that Brockmann is not a registered broker-dealer or investment adviser, you should consult your own licensed investment professional, such as an investment advisor or FINRA-registered representative for any financial or investment advice. We recommend that you seek the advice of such a licensed investment professional before making any investment decisions. We also recommend that you thoroughly research the disclosures made by any issuer of securities before investing in any such securities. We take no responsibility to advise you on personal investment decisions or the information provided by any investment professional or issuer.

5.8You agree that Brockmann is not making any guarantees, promises or assurances regarding any of the Services or any Content (as defined below).

You also agree that:

(a) We do not assure you that use of any of the Services will lead to profitable investments.

(b) You may lose all your money if you make investments based on the Content.

(c) You alone are responsible for your use of the Services.

(d) You alone are responsible for any action you take or decision you make in reliance on the Services.

Back to top

6. Account Security

6.1You agree and understand that you are responsible for maintaining the confidentiality of your account and your investment activities.

6.2Accordingly, you agree that you will be solely responsible and will indemnify and hold Brockmann harmless for all activities that occur under your account.

Back to top

7. Privacy and Your Personal Information

7.1For information about Brockmann’s data protection practices, please read Brockmann’s privacy policy at https://www.brockmann.com/privacy-policy/. This policy explains how Brockmann treats your personal information, and protects your privacy, when you use the Services.

7.2You agree to the use of your data in accordance with Brockmann’s privacy policies.

Back to top

8. Content in the Services

8.1You understand that all information (such as securities lists and compilations, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content."

8.2You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by Brockmann, or the sponsors or advertisers who provide that Content to Brockmann (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Brockmann or by the owners of that Content, in a separate agreement.

8.3Brockmann reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

8.4You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

8.5You agree that you are solely responsible for (and that Brockmann has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Brockmann may suffer) by doing so.

Back to top

9. Proprietary Rights

9.1You acknowledge and agree that Brockmann (or Brockmann’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

9.2Nothing in the Terms gives you a right to use any of Brockmann’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

9.3Other than the limited license set forth in Part 10 below, Brockmann acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Brockmann, you agree that you are responsible for protecting and enforcing those rights and that Brockmann has no obligation to do so on your behalf.

9.4You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9.5You agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9.6You and Brockmann acknowledge that, in the event of any third-party claim that the Services, including the App, or your possession and use of the App infringes that third party’s intellectual property rights, Brockmann, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Back to top

10. Content from You

10.1You agree that Brockmann may collect and use technical data and related information—including but not limited to technical information about your devices, systems and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other Services to you (if any) related to the App. Brockmann may use this information to improve its products or to provide Services or technologies to you.

10.2You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Brockmann a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.

10.3You agree that this license includes a right for Brockmann to make such Content available to other companies, organizations or individuals with whom Brockmann has relationships for the provision of Services, and to use such Content in connection with the provision of those Services.

10.4You understand that Brockmann, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Brockmann to take these actions.

10.5You confirm and warrant to Brockmann that you have all the rights, power and authority necessary to grant the above license and other rights and benefits afforded to Brockmann in this Part 10.

Back to top

11. Software Updates and Maintenance

11.1The software included in the Services, including the App, which you use may automatically update from time to time from Brockmann. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Brockmann to deliver these to you if they are needed) as part of your use of the Services.

11.2Brockmann is solely responsible for providing any maintenance and support services with respect to the App, as specified herein, or as required under applicable law. You and Brockmann acknowledge that neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the App.

Back to top

12. Ending Your Relationship with Brockmann

12.1The Terms will continue to apply to you until terminated as set out below.

12.2If you subscribed through the Apple App Store, you may terminate your access to the App and the other Services via Apple’s procedure defined at https://support.apple.com/en-us/HT202039. If you subscribed through Google Play, you may terminate your access to the App and the other Services via Google’s procedure defined at https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform=Android.

12.3Brockmann may at any time, terminate its legal agreement with you, cancel the Services, terminate your access to the App, and close your account or accounts if:

(a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(b) Brockmann is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(c) the partner or partners with whom Brockmann offered the Services to you has terminated its relationship with Brockmann or ceased to offer the Services to you; or

(d) Brockmann is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(e) the provision of the Services to you by Brockmann is, in Brockmann’s sole opinion, no longer commercially viable.

12.4Brockmann may terminate the Terms, and/or suspend your access to the Service, and/or terminate your account with or without cause at any time and effective immediately.

12.5Your rights under the Terms will terminate automatically if you fail to comply with any of its terms.

12.6Brockmann shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the Terms by you or Brockmann, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.

12.7Nothing in this Part 12 shall affect Brockmann’s rights regarding provision of Services under Part 4 of the Terms.

12.8When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Brockmann have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Paragraph 19.8 shall continue to apply to such rights, obligations and liabilities indefinitely.

Back to top

13. EXCLUSION OF WARRANTIES

Back to top

14. LIMITATION OF LIABILITY

Back to top

15. Copyright and Trademark Policies

15.1It is Brockmann’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

15.2Brockmann operates a trademark complaints procedure in respect of Brockmann’s business.

Back to top

16. Advertisements

16.1Some of the Services may at any time be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

16.2The manner, mode and extent of advertising by Brockmann on the Services are subject to change without specific notice to you.

16.3In consideration for Brockmann granting you access to and use of the Services, you agree that Brockmann may place such advertising on the Services.

Back to top

17. Other Content

17.1The Services, including the App, may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). Brockmann may have no control over any websites or resources which are provided by companies or persons other than Brockmann. You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services. Data displayed by any Services, including the App, or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the Terms or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or from all jurisdictions, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

17.2You acknowledge and agree that Brockmann is not responsible for the availability of any such External Services, and does not endorse any advertising, products or other materials on or available from such External Services.

17.3You acknowledge and agree that Brockmann is not liable for any loss or damage which may be incurred by you as a result of the availability of those External Services, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such External Services.

Back to top

18. Changes to the Terms

18.1Brockmann may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Brockmann will make a new copy of the Universal Terms or Additional Terms available by regular mail, email, in the App or other electronic communication to you or by posting on its website, in the Apple App Store, in Google Play, or wherever any app in respect of the Services is available or from, within, or through, the affected Services or the applications through which such Services are delivered.

18.2You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Brockmann will treat your use as acceptance of the updated Universal Terms or Additional Terms.

Back to top

19. General Legal Terms

19.1Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals to the extent such separate terms may govern.

19.2The Terms constitute the whole legal agreement between you and Brockmann and govern your use of the Services, and completely replace any prior agreements between you and Brockmann in relation to the Services.

19.3You agree that Brockmann may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services or otherwise as provided herein.

19.4You agree that if Brockmann does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Brockmann has the benefit of under any applicable law), this will not be taken to be a waiver of Brockmann’s rights and that those rights or remedies will still be available to Brockmann.

19.5If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms to the minimum extent so determined (for instance, only for those within the jurisdiction of the case in which such determination is made) without affecting the rest of the Terms. The remaining or otherwise unaffected provisions of the Terms will continue to be valid and enforceable.

19.6The Terms are concluded between Brockmann and you only, and not with Apple or Google. Brockmann, not Apple or Google, is solely responsible for the Services, the App, and the content thereof. Apple, Google, and subsidiaries of Apple or Google, are third party beneficiaries of the Terms, and, upon your acceptance of the Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. You also acknowledge and agree that Apple, Google, Apple’s subsidiaries and Google's subsidiaries and each Subsidiary and Affiliate shall be a third party beneficiary to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than as set forth above, no other person or company shall be third party beneficiaries of the Terms.

19.7Specifically excluded from application to the agreement represented by the Terms is that law known as the United Nations Convention on the International Sale of Goods.

19.8The Terms, and your relationship with Brockmann under the Terms, shall be governed by the laws of the State of Massachusetts without regard to its conflict of laws provisions. You and Brockmann agree to submit to the exclusive jurisdiction of the courts located within Boston, Massachusetts to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Brockmann shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

19.9Address any questions, complaints or claims with respect to the App or Services to Brockmann & Company, 176 Farm Rd, Marlborough MA 01752. Contact form: https://www.brockmann.com/contact-us/.

19.10Brockmann presents the Terms within the App and also publishes a copy for reference at https://beyondetfs.com/eula/. If the copy presented within the App and any other copy of the Terms, including the copy on Brockmann’s website, differ in any way, the version presented within the App shall govern.

Back to top