Terms of Use

Please read these Terms of Use carefully before accessing or using Savvy Labs Inc.’s ("Savvy Labs," "we," "our," or "us") Site (as defined below). We are a fintech company that offers an internet platform (the "Platform") through which we offer various investment strategies that have a specific thematic or risk exposure to any type of asset that has a daily tradable market (e.g., equities, futures, and options) (each, a "SAVVY"). By accessing this website and any related URLs (each and collectively, as appropriate, the "Site"), you represent that you are at least 18 years of age and that you agree to accept the following terms of use for the use of the Site ("Terms of Use"), which together with any other agreements between you and Savvy Labs (including, but not limited to, any customer or services agreements and any other agreements that govern your access to and use of the Platform, software, products, goods, services, Content (as defined below), tools, and information provided by Savvy Labs) constitute a legal agreement between you and Savvy Labs. If you do not accept these Terms of Use, you may not use the Site. Savvy Labs reserves the right, in its sole discretion, to modify, amend, add to, or remove any portion of these Terms of Use at any time without notice, or with notice where required by applicable law, and each use of the Site constitutes your acceptance to be bound by the terms set forth in the Terms of Use as modified at the time of such usage. If you do not agree to any modified Terms of Use, your sole and exclusive remedy is to discontinue using the Site. If you are accessing the Platform on behalf of a legal entity, you are also representing that you have the authority to represent that entity to accept our Terms of Use and hence your acceptance of the terms will equally bind that entity.

For information about our privacy practices, please see our Privacy Policy. Please note that any non-public portions of the Site (including, without limitation, the Platform) are also governed by additional agreements and policies, such as the agreement that governs your access to and use of the Platform.

Use of Site and Content

The content displayed or made available on the Site or otherwise made available to you by Savvy Labs or Strategy Providers (as defined below) (collectively, "Content") is the subject of intellectual property protection, including but not limited to trademarks, service marks, trade names, and copyrights owned by Savvy Labs or any Strategy Providers (as defined below). The Content may include, but not limited to: (1) SAVVY positions, balances, transactions, confirmations, and order history, (2) general news and information, commentary, research reports, educational material and information and data concerning the financial markets, securities and other subjects; (3) market data such as quotations for securities transactions and/or last sale information for completed securities transactions; (4) financial and investment interactive tools, such as alerts or calculators; (5) tax preparation, bill payment and account management tools; (6) any other information, content, services, or software; and (7) company names, logos, product and service names, trade names, trademarks and services marks (collectively, "Marks") owned by Savvy Labs, and Marks owned by Strategy Providers (as defined below).

Certain Content is furnished by regulated investment professionals and other third party providers such as, for example, asset managers, hedge funds, banks, insurance companies, broker/dealers, index creators, or wealth advisers (each a "Strategy Provider" and collectively "Strategy Providers"). Such Content ("Strategy Provider Content") includes, without limitation, facts, data, estimates, projections, and assessments that have been provided by Strategy Providers, as well as any information, content, service or software made available by or through social media websites, blogs, wikis, online conferences, telecasts, podcasts, and other forums (collectively, the "Forums"). Strategy Provider Content may be available through framed areas or through hyperlinks to the Strategy Providers’' websites.

Except as otherwise provided in a separate agreement between you and Savvy Labs that governs your access to and use of the Platform, Savvy Labs grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy, and print pages from the Site for your personal and noncommercial use only. Unless you receive prior written consent from Savvy Labs and/or the relevant Strategy Provider(s), you may not exploit any of the Content commercially, forward it as a mass distribution, post it on another website, link other websites and/or mobile applications to this Site, or display this Site as "framed" within another website and/or mobile application; provided, however, that no such prior written consent is required for Strategy Providers and registered investment advisers who have executed separate agreements with Savvy Labs that governs their access to and use of the Platform to market SAVVYs to current and prospective clients via email, Linkedin, and X (formerly Twitter), in each case subject to and in accordance with the terms of such separate agreement, including any applicable disclosure and marketing requirements.

Content posted on the Site is published as of its stated date or, if no date is stated, the date of first posting, and as a result may be outdated or inaccurate. While Strategy Provider Content is believed to be reliable and has been obtained from sources believed to be reliable, Strategy Provider Content has not been independently verified by Savvy Labs and may contain inaccuracies. Neither Savvy Labs nor any Strategy Provider assumes any obligation to provide you, and you should not expect to receive subsequent revisions or updates to any information or analyses contained herein, even to the extent that statements of information are subsequently shown to be inaccurate and such information may not take into account all material considerations. Except to the extent Savvy Labs conducts a limited review, operational review, approval process, or removal process as described in applicable agreements, disclosures, or Platform materials, Strategy Provider Content is prepared by the applicable Strategy Provider and is not independently verified by Savvy Labs. Any review by Savvy Labs does not constitute an endorsement of the investment merits, expected performance, accuracy, completeness, or suitability of such Strategy Provider Content. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE AND RELEASE Savvy Labs and each Strategy Provider from any and all claims, liabilities, damages, or losses of any kind arising from or related to (a) any inaccuracy, error, delay, or omission in any Content; or (b) any interruption, failure, or non-performance caused by circumstances beyond the reasonable control of Savvy Labs or any Strategy Providers, including any Force Majeure Event (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction).

Civil Code section 1542 Waiver. To the extent applicable, you acknowledge that you are familiar with the provisions of California Civil Code section 1542, which reads:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Or any similar applicable statutory requirements, and agree to grant the releases hereunder notwithstanding any such statutory requirements to the fullest extent permitted under applicable law.

Savvy Labs' analyses and views incorporate, and are in many cases based, partially or entirely, on information and analyses provided and/or prepared by third parties which have not been independently vetted and may contain inaccuracies. Some of the Content contains estimates and projections regarding performance and key metrics of a SAVVY. Some of the Content may incorporate assumptions, information, and other elements of subjectivity that could turn out to be incorrect. In the event that any of the information or assumptions incorporated into projections or estimates contained herein are ultimately shown to be incorrect, any modeled financial metrics (including performance) would likely be affected, potentially to a material extent. In addition, estimates or projections cannot always factor into all potential considerations that could be relevant to a potential investment in a SAVVY including, but not limited to, performance or other key financial metrics. Unforeseen or unaccounted for events could materially impact the SAVVY's performance or other financial or operational metrics of the SAVVY, and to the extent that occurs, outcomes could be materially different from expectations and projections contained herein. You should not rely upon any models or estimates in making an investment decision.

Certain Content or SAVVYs may be based on, derived from, or designed to replicate in whole or in part the holdings, weightings, index methodology, or other characteristics of an exchange-traded fund or index. Any such SAVVY is not an interest in, or share of, the corresponding exchange-traded fund and may differ from the fund in fees, expenses, tax treatment, trading, cash flows, tracking, portfolio composition, and performance. Unless expressly stated in writing, no exchange-traded fund, index provider, exchange, sponsor, adviser, or other third party sponsors, endorses, or guarantees any SAVVY.

Registration & Log-in Credentials

You may browse the Site without registering, but as a condition to using certain aspects of the Site (including, for example, the Platform) you may be required to complete a registration process and agree to a separate agreement with Savvy Labs before a username and password is issued ("Log-in Credentials"). You shall not select or use as Log-in Credentials a name: (1) of another person with the intent to impersonate that person; (2) subject to any rights of a person other than you without appropriate authorization; or (3) that is otherwise obscene, vulgar, and/or offensive. Savvy Labs reserves the right to refuse registration of, or cancel, Log-in Credentials in its sole discretion.

You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality and security of your Log-in Credentials. You accept full responsibility for any use of your password. You shall not: (1) impersonate or try to impersonate another person; (2) disclose your Log-in Credentials to anyone else; (3) allow anyone else to use your account; or (4) use anyone else's account. You will immediately notify Savvy Labs in writing of any actual or suspected loss, theft, or unauthorized use of your Log-in Credentials, your account, or a security breach of another related account of which you are or become aware. Savvy Labs is not obligated to inquire as to the authority or propriety of any use of or action taken under your Log-in Credentials or account. Savvy Labs will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.

Prohibited Uses of Site and Content

Savvy Labs does not grant any license or right to use this Site or the Content other than those set forth above or in a separate agreement between you and Savvy Labs that governs your access to and use of the Platform, and you shall not make any other use of the Site or the Content without Savvy Labs' prior written permission. Without limiting the foregoing, you agree that you will not, and will not permit, enable, or authorize any third party to, do any of the following:

1. access, use, or copy any portion of the Site or any Content by any automated means, including through the use of bots, robots, spiders, crawlers, or scrapers, or otherwise “harvest” data from the Site;
2. decompile, disassemble, reverse engineer, or otherwise attempt to derive or gain access to the source code of the Site or any software used to provide the Site, or otherwise deconstruct all or any portion of the Site;
3. interfere with, disrupt, or restrict the operation of the Site, or inhibit any other person’s use of the Site, including by introducing any virus, worm, Trojan horse, or other harmful or disabling code, or by means of a denial-of-service or similar attack;
4. probe, scan, or test the vulnerability of the Site or any related system or network, attempt to breach or circumvent any security, authentication, or other technological measure protecting the Site or any Content, or otherwise attempt to violate the security of the Site or gain unauthorized access to the identities, information, or computers of others through the Site;
5. remove, obscure, or alter any copyright, trademark, or other proprietary notice or legend contained in or on any Content;
6. rent, lease, lend, sell, sublicense, assign, distribute, or otherwise make the Site or any Content available to any third party, whether or not for consideration;
7. use the Site or any Content for purposes of competitive analysis or benchmarking, or to develop any product or service that competes with the Site or the Platform;
8. use, reproduce, or otherwise process the Site or any Content to develop, train, or operate any artificial intelligence or machine learning model or system, without Savvy Labs’ prior written consent; or
9. violate any applicable law, regulation, or rule, or infringe the intellectual property or other contractual rights of any third party.

Savvy Labs has the right (but not the obligation) to monitor and record activity on this Site (including, without limitation, the recording and retention of any communication, information and data exchanged between you and Savvy Labs and its Related Persons (as defined below)), as Savvy Labs deems appropriate, for any reason or no reason, and to take all appropriate actions in response to any unauthorized or objectionable conduct, with or without notice to you. Savvy Labs may investigate any complaint or reported violation of its policies. Savvy Labs may report any activity it suspects may violate any law or regulation to regulators, law enforcement officials, or other persons or entities as it deems appropriate. Savvy Labs may issue warnings, suspend, or terminate use of the Site, deny access to all or part of the Site, or take any other action it deems appropriate.

Trademarks, Copyrights, and other Intellectual Property

The Content is owned or licensed by Savvy Labs and the Strategy Providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Except as otherwise expressly permitted in a separate agreement between you and Savvy Labs that governs your access to and use of the Platform, you may not: (i) copy, distribute, modify, post, frame or deep link this Site, including any text, graphics, video, audio, software code, user interface design or logos, and/or (ii) distribute, modify, transmit, reuse, repost, or use the Content for public or commercial purposes, including all text, images, audio, and video; provided, however, you may use and download such Content solely for your personal, non-commercial use as long as you also retain all copyright and other proprietary notices contained on the materials. Modification or use of the Content for any other purpose violates Savvy Labs' intellectual property rights.

You acknowledge that Savvy Labs is the sole owner of Savvy Labs' Marks, that other Marks are the property of their respective owners, and that Savvy Labs' use of Strategy Providers’ Marks on the Site does not imply an affiliation with, or endorsement by, the owners of these Marks. References to any exchange-traded fund name, ticker, index name, index provider, exchange, sponsor, or related mark do not imply sponsorship, approval, endorsement, or guarantee by the owner of that name, ticker, index, or mark, unless expressly stated in writing. You agree that you will not use any Marks for any purpose without the prior express written consent of the respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on this Site without the prior written permission of Savvy Labs or such Strategy Provider(s) that may own the Mark(s) displayed on this Site.

Record Retention

Notwithstanding any request to delete or remove any account, SAVVY, Strategy Provider Content, communications, or other information submitted to or through the Platform, Savvy Labs may retain copies of such information for so long as Savvy Labs determines is reasonably necessary or appropriate to: (i) comply with applicable laws, rules, regulations, and regulatory recordkeeping requirements; (ii) satisfy legal, tax, accounting, audit, or compliance obligations; (iii) respond to governmental, regulatory, or self-regulatory inquiries, examinations, investigations, subpoenas, or other legal process; (iv) establish, exercise, or defend legal claims; (v) investigate suspected fraud, misconduct, or violations of these Terms; or (vi) protect the security, integrity, and operation of the Platform.

Accordingly, deletion of an account or removal of any SAVVY, Strategy Provider Content, or other materials from public view does not necessarily result in the permanent deletion of such information from Savvy Labs' systems. Savvy Labs may maintain archival copies, backup copies, audit logs, and other records for the foregoing purposes, subject to applicable law and its internal record retention policies.

DMCA Notice, Copyright Infringement Complaints and Notification Procedures

Savvy Labs respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). If you believe that any Content available on the Site or Platform infringes your copyright or the copyright of a party on whose behalf you are authorized to act, you may submit a written notice of alleged infringement to our designated DMCA agent at support@savvylabs.com by providing the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work you claim has been infringed;
• A description of where the allegedly infringing material is located on the Site or Platform (including a URL or sufficient detail to allow Savvy Labs to locate the material);
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.

Linked Sites

Savvy Labs does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites. Accordingly, Savvy Labs cannot be held responsible for the information, materials, products, or services obtained on or from such other websites, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an affiliation with or endorsement, sponsorship, representation, or warranty by Savvy Labs with respect to any such linked websites or the content, products, or services contained or accessible through such websites or their operators. Savvy Labs disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked to or from the site. Following links from or to such websites is done so at your sole risk.

Communications

All communications made at or through Forums are public. Reliance on any Strategy Provider Content available on or through the Forums is done so at your own risk. When discussing a particular company, stock or security in the Forums, you agree to reveal any ownership interest in such company, stock or security. Without limitation, you agree not to do any of the following:

1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including, but not limited to, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, (a) a Savvy Labs or Strategy Provider manager, employee, agent, or representative or (b) a forum leader, guide or host;
4. falsely state or otherwise misrepresent your affiliation with any person or entity;
5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material;
6. upload, post or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
7. upload, post or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party
8. upload, post, or transmit unsolicited commercial email or "SPAM," including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with SPAM, such as: (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, or descriptions, or (iii) promoting any site by posting multiple submissions in forums that are identical;
9. upload, post or otherwise transmit any material that contains software viruses or any similar disabling code or system, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
10. interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;
12. "stalk" or otherwise harass another user;
13. collect or store personal data about other users of the Platform;
14. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty;
15. promote, offer for sale or sell any security or item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) Savvy Labs or Strategy Providers determine, in their sole discretion, is inappropriate for sale;
16. use the Forums as a forwarding service to another website;
17. Use or access the Forums in any unintended way by Savvy Labs or Strategy Providers; or
18. access or otherwise use the Forums in any unlawful manner, for any unlawful purpose or in violation of these Terms of Use.

Submissions and Feedback

Any communication, data, material, information, content, or other submission that you send to us through the internet, post on the Site, or otherwise provide to Savvy Labs, whether directly or indirectly and whether or not in writing, in any medium now existing or hereafter devised, including any feedback, reviews, comments, or suggestions (each, a “Submission”), is and will be deemed to be non-confidential and non-proprietary as between you and us, and Savvy Labs shall have no obligation of any kind with respect to any Submission.

You hereby grant to Savvy Labs a perpetual, non-exclusive, royalty-free, transferable, irrevocable, worldwide, fully paid-up license (with the right to sublicense through multiple tiers of sublicensees) to use, modify, adapt, publish, translate, create derivative works from, incorporate into other works, communicate, reproduce, publish, display, distribute, perform, and otherwise exploit your Submissions, in whole or in part, in any manner Savvy Labs chooses and in any form, media, or technology now known or later developed, for any purpose, including commercial purposes, without attribution or compensation to you.

Submissions that constitute feedback, comments, or suggestions relating to the features, functionality, or operation of the Site or the Platform, or any Savvy Labs products or services (collectively, “Feedback”) shall be the sole and exclusive property of Savvy Labs to use, or not use, in its sole discretion, and you hereby irrevocably assign to Savvy Labs all of your right, title, and interest in and to such Feedback. Savvy Labs shall have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and otherwise exploit such Feedback in any manner it chooses. If for any reason you cannot presently grant the foregoing assignment, you hereby grant to Savvy Labs a non-exclusive, royalty-free, transferable, irrevocable, worldwide, fully paid-up license (with the right to sublicense through multiple tiers of sublicensees) to fully use, practice, and exploit such Feedback, including the right to make, use, sell, offer for sale, import, have made, and have sold products or services based on the Feedback, and to the extent that you cannot presently grant such a license, you agree never to assert, sue, or bring any action based on such Feedback against Savvy Labs, its affiliates, or any of their respective officers, shareholders, employees, contractors, agents, or representatives.

Savvy Labs shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques contained in any Submission, and shall have no obligation of confidentiality or compensation to you with respect to such Submission, regardless of how it was obtained, except as otherwise specifically agreed by Savvy Labs or required by law.

By providing a Submission, you represent and warrant that: (a) you own or otherwise have all necessary rights in and to the Submission and have the right to provide it to Savvy Labs; (b) the Submission complies with these Terms of Use, is true and accurate, and does not infringe, misappropriate, or violate any third party’s copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary right; (c) the Submission does not identify any person without that person’s express written consent and does not contain any unsubstantiated claims about any third party or any slanderous, defamatory, obscene, threatening, or harassing content; and (d) if the Submission endorses or references any product, entity, or service in exchange for compensation, you have disclosed the fact of such compensation. You are solely responsible for your Submissions, including their legality, reliability, accuracy, and appropriateness.

By providing a Submission, you acknowledge that Savvy Labs has put resources into providing the Site in reliance, in part, on the rights to use and own Submissions as set forth herein; you agree that you have received adequate consideration for the rights you grant Savvy Labs regarding your Submission; you agree that Savvy Labs may use your name, likeness, and other information in connection with its use of your Submission; you waive all moral rights with respect to your Submissions; and you understand and agree that you will not be paid or given anything else if Savvy Labs chooses to display or use your Submission in any way.

Savvy Labs is not responsible or liable to you or any third party for the fact, content, or accuracy of any Submission made by you or any other user of the Site.

Disclaimers

Savvy Labs, together with any of its owners, directors, officers, partners, employees, affiliates, Strategy Providers and agents (collectively "Related Persons") make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability or other characteristics of the Content. Such Content is provided "as is" and "as available" and, to the fullest extent permissible pursuant to applicable law, Savvy Labs and Related Persons specifically disclaim any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, or completeness.

You agree to use the Content and the Site only at your own risk. Savvy Labs and Related Persons do not warrant that the Content is accurate, error-free, reliable or correct, that this Content or the Site will be available at any particular time or location, or that this Content or the Site is free of viruses or other harmful components. As such, any internal reviews conducted by Savvy on the contents available on the Platform should not be deemed as any guarantee that the content is accurate and error free. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Site or made via the Site may not be secure.

Decisions based on the Content are the sole responsibility of the user, and as consideration for access to the Content and the Site, you will be responsible for any liability to Savvy Labs or Related Persons that arises out of your use of the Content or the Site or your breach of these Terms of Use, and you agree to indemnify, defend and hold harmless Savvy Labs and Related Persons from and against any claims whatsoever and of any nature for damages, losses, and causes of action, including but not limited to actions by third parties against you, Savvy Labs or any of its Related Persons, arising out of or in connection with any decisions that you make based on the Content, your use of the Site, or your violation of these Terms of Use.

The information contained herein is provided for informational purposes only and is current only as of the dates indicated herein. Information that is not dated or information that is dated but viewed subsequent to its date may not be current. Savvy Labs assumes no duty to update or correct any information for any reason, including new information, results or subsequent events.

Indemnification

You will indemnify and hold harmless Savvy Labs and Strategy Providers, and the officers, directors, agents, partners, employees, licensors, distributors, and representatives of Savvy Labs and the Strategy Providers , from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to your access and/or use of, or interaction with the Content (including, without limitation, Strategy Provider Content, or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Platform; or violation of any applicable law.

Not to be Construed as Solicitation or Recommendation

Under no circumstances should the Content be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments, or other services. For the avoidance of doubt, any offer or solicitation may only be made pursuant to an Investment Management Agreement (which will only be provided to qualified investors and/or prospective investors by their registered investment adviser who has executed a separate agreement with Savvy Labs that governs their access to and use of the Platform), and should be carefully reviewed by the investor prior to investing. Furthermore, no Content should be construed or relied upon as investment, legal, accounting, tax, or other professional advice or in connection with any offer or sale of securities, unless specifically identified as an individualized recommendation in writing. Savvy Labs will not treat users of the Site as partners, clients, customers, or investors by virtue of them accessing the Site. You acknowledge that an investment in a SAVVY that is offered on or through the Site is based on your sole investment discretion, and you are solely responsible for determining whether any self-directed investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You agree not to hold Savvy Labs or any Strategy Providers liable for any possible claim for damages arising from any self-directed decision you make based on the Content or other information made available to you through the Site or any third-party website.

The Site may contain forward-looking statements, which reflect Savvy Labs' current views with respect to, among other things, Savvy Labs' operations and performance. You can identify these forward-looking statements by the use of words such as "anticipate" "approximately," "believe," "continue," "estimate," "expect," "intend," "may," "outlook," "plan," "potential," "predict," "seek," "should," or "will," or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Savvy Labs undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

Any transactions described on the Site as having been engaged in by Savvy Labs are included as representative transactions and are not necessarily reflective of overall results of any of Savvy Labs' businesses.

Past performance is not indicative of future results; no representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Returns are not and cannot be guaranteed.

Historical performance of any exchange-traded fund, index, model, or other reference portfolio is not the performance of any SAVVY unless expressly identified as such and accompanied by applicable disclosures. Any reference to an exchange-traded fund, index, ticker, sponsor, or strategy is provided for informational purposes only and should not be understood as a representation that the SAVVY will track, replicate, or achieve results similar to such fund, index, or strategy.

Investments in SAVVYs are speculative and are subject to a number of substantial risks, including but not limited to the risk of losing some or all of the money you invest, credit risk, liquidity issues, and interest rate risk. No market is expected to develop for interests in any SAVVY. Investing in any SAVVY may not be suitable for all investors and/or prospective investors. Prior to investing in any securities you should: (1) conduct your own due diligence and analysis; (2) carefully consider the investment and all related charges, expenses, uncertainties and risks, including all uncertainties and risks described in offering materials; and (3) consult with your own investment, tax, financial and legal advisers.

Except to the extent expressly provided in a separate written advisory, sub-advisory, or services agreement with Savvy Labs, nothing on the Site or in the Content is intended to create an investment advisory, fiduciary, client, customer, or investor relationship between you and Savvy Labs. Therefore it is strongly suggested that any prospective investor and current investor obtain independent advice in relation to any investment financial, legal, tax, accounting or regulatory issues discussed herein. Analyses and opinions contained herein may be based on assumptions that if altered can change the analyses or opinion expressed. Nothing contained herein shall constitute any representation or warranty as to future performance of any financial instrument, credit, currency rate, or other market or economic measure.

All materials on this Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures, or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Limitation of Liability

SAVVY LABS' LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SAVVY LABS OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH: (I) ANY ACCESS, USE (OR INABILITY TO USE), OR DISTRIBUTION OF THE SITE OR ANY CONTENT, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE, (III) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE, OR (IV) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SITE. THIS IS TRUE EVEN IF SAVVY LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL SAVVY LABS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE OR ANY CONTENT EXCEED THE GREATER OF (I) THE TOTAL FEES, IF ANY, PAID BY YOU TO SAVVY LABS FOR ACCESS TO THE SITE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS APPLY REGARDLESS OF WHETHER SAVVY LABS’ LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Modification and Termination

You agree that Savvy Labs may, in its sole discretion and without notice, modify, alter, suspend, or terminate the Site, the Platform, the Content, or these Terms of Use, in whole or in part, or your access thereto, with or without cause at any time and effective immediately. These Terms of Use will terminate immediately without notice from Savvy Labs if you, in Savvy Labs' sole discretion, fail to comply with any provision of these Terms of Use. Savvy Labs shall not be liable to you or any third party for any such modification, alteration, suspension, or termination of the Site, the Platform, or the Content, or any claims related to thereto.

Savvy Labs and/or Strategy Providers may discontinue or modify the Content, or any portion thereof, at any time. You release and agree to indemnify and hold harmless Savvy Labs, and the Strategy Providers, for any loss or damages arising from or relating to such discontinuation or modification.

Applicable Law, Jurisdiction, and Arbitration

These Terms of Use shall be governed by the law of the State of New York, without regard to its choice of law rules. Notwithstanding the foregoing, any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators as provided herein.

YOU AGREE TO RESOLVE BY ARBITRATION ANY CONTROVERSY ARISING BETWEEN YOU AND SAVVY LABS AND/OR ANY OF OUR RESPECTIVE CONTROL PERSONS, PREDECESSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND EMPLOYEES.

With respect to the resolution of any such controversy, you further acknowledge that:

• Arbitration is final and binding on the parties.
• The parties are waiving their right to seek remedies in court, including the right to jury trial.
• Pre-arbitration discovery is generally more limited than and different from court proceedings.
• The arbitrators' award is not required to include factual findings or legal reasoning and any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited.

Any arbitration under these Terms of Use shall be conducted in New York, NY before a panel of three (3) arbitrators pursuant to the Commercial Arbitration Rules of the American Arbitration Association, except to the extent that such rules are modified by these Terms of Use. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate.

No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated a putative class action in court or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: the class certification is denied; or the class is decertified; or the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under these Terms of Use except to the extent stated herein.

NO CLASS ARBITRATIONS, CLASS ACTIONS, OR REPRESENTATIVE ACTIONS. Any arbitration under these Terms of Use will be conducted on an individual basis only and not on a class, consolidated, or representative basis. The arbitrator(s) may not consolidate the claims of more than one person and may not otherwise preside over any form of a class or representative proceeding, unless Savvy Labs otherwise agrees in writing.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a state or federal court located in New York, New York (i) to protect its intellectual property rights, or (ii) to enforce any arbitration award between the parties, in each case without being required to post a bond or other security.

To the fullest extent permitted by law, any claim arising out of or relating to these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim shall be permanently barred.

The arbitration proceedings and the decision of the arbitrator(s) shall be kept confidential by the parties and the arbitrator(s), except to the extent disclosure is necessary to enforce or challenge the award or as otherwise required by law.

In the event any provision of this Applicable Law, Jurisdiction, and Arbitration section is held invalid or unenforceable, this section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any disputes.

General

Savvy Labs may assign the Terms of Use in whole or in part at any time without your consent. You may not assign the Terms of Use or delegate any of your obligations under the Terms of Use, and any purported assignment of the Terms of Use in violation of the Terms of Use is void. The Terms of Use, together with any agreements between you and Savvy Labs that governs your access to and use of the Platform, constitute the entire understanding, and supersedes all other understandings, between you and Savvy Labs concerning the subject matter hereof; provided that, in the event of any conflict between these Terms of Use and any such separate agreement, the separate agreement will control with respect to your access to and use of the Platform.

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be so modified, severed from these Terms of Use, and the remaining provisions shall continue in full force and effect.

If you have any questions about these Terms of Use, please contact support@savvylabs.com

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