Pentacle Research, including its affiliates, (“Pentacle” or “we”) provides access to certain subscription-based research products and services (the “Subscription”), as well as content on its websites or applications that post a link to these Terms of Use (the “Site”), subject to the following terms and conditions (the “Terms”). We may periodically modify the Terms without prior notice, so please review them regularly. These Terms were last updated on July 7, 2022. By accessing and using this Site, you agree to these Terms. For an explanation of Pentacle’s practices and policies related to the collection, use, and storage of user information, please read our Privacy Policy.

I. Fees and Payments

By using the Subscription, you agree to pay the subscription fees and any other charges incurred in connection with the Subscription (including any applicable taxes) at the rates in effect when the charges were incurred. Subscription fees will be billed at the beginning of your Subscription or any renewal. We may change the fees and charges then in effect, or add new fees or charges, by providing notice in advance. If you wish to use a different payment method, if there is a change in your current payment method’s validity or expiration date, or if you believe someone has accessed the Subscription using your username and password without your authorization, you must contact our Customer Support department as soon as possible. You are responsible for any fees or charges incurred to access the Subscription through an Internet service provider or other third-party service.

II. Renewal

The Subscription will renew automatically unless set forth otherwise or we terminate it in accordance with these Terms. For quarterly subscriptions, we will notify you of the pending renewal. You must cancel the Subscription before it renews to avoid billing of subscription fees for the renewal term.

III. Exceptions for Various Types of Subscribers; Other Users

If your access to the Subscription is provided by or through a third party, some or all of the fees and payments described in Section I and/or renewal terms described in Section II may not apply to you. Please contact the third party or our Customer Support department for details. If you access the Subscription as part of a free trial or otherwise without becoming a subscriber, all of the terms and conditions of these Terms apply to your use and access of the Subscription.

IV. Copyrights

All content and functionality on the Site, including text, graphics, logos, icons, images, videos, and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications, technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements or derivative works (the “Site Content”) is the exclusive property of Pentacle or its licensors and is protected by applicable copyright laws. Neither the Site Content nor functionality of the Site may be copied, reproduced, modified, reverse engineered, altered, uploaded, published, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section VI – Use of Site Content. All rights not expressly granted are reserved.

V. Trademarks

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Pentacle and its licensors. You agree that, except as expressly permitted by us or by our licensors, where applicable, you will not refer to or attribute any information to Pentacle or its licensors in any public medium for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Pentacle or its licensors.

VI. Use of Site Content

Pentacle hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal business use, provided that you do not modify the Site Content in any way (including creating derivative works), retain all copyright and other proprietary notices displayed on the Site Content, and otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without Pentacle’s prior written consent. You may not “mirror” the Site Content or any portion thereof without Pentacle’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication, any license or right to use any Pentacle intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.

VII. User Postings

You acknowledge and agree that Pentacle shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, forums or message boards, questionnaire or survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify, and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. You hereby waive any claims against Pentacle for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with Pentacle’s use and publication of such submissions.

You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violate these Terms.

Pentacle does not represent or endorse the accuracy or reliability of information posted to the Site by users. Pentacle does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Pentacle reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

VIII. Notices of Infringement and Takedown by Pentacle

Pentacle prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Pentacle at the address shown below, providing a written statement that includes: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, daytime telephone number, and an email address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Pentacle will remove any posted submission that infringes the copyright or other intellectual property right of any person under applicable law upon receipt of such a statement. Significant penalties for submitting such a statement falsely are provided by law. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Pentacle’s contact for submission of notices under this Section VIII is: pentacleresearch@gmail.com.

IX. Disclaimers

THE CONTENT AND FUNCTIONALITY OF THE SUBSCRIPTION AND THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT PENTACLE IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU. NO CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING, OR OTHER REGULATED ADVICE. YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SUBSCRIPTION AND SITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. ALL CONTENT AND FUNCTIONALITY OF THE SUBSCRIPTION AND THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PENTACLE AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SUBSCRIPTION OR SITE CONTENT. PENTACLE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED AS PART OF THE SUBSCRIPTION, ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER PENTACLE NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE ACTUAL PERFORMANCE RECORDS, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING AND SUCH SIMULATED PERFORMANCE RESULTS MAY HAVE UNDER OR OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS. NO REPRESENTATION IS BEING MADE THAT ANY CRYPTOCURRENCIES, TOKENS, STOCKS, PORTFOLIO, FINANCIAL INSTRUMENT, OR INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN OR DESCRIBED IN PENTACLE’S REPORTS, POSTS, OR NEWSLETTERS. ACTUAL PERFORMANCE WILL VARY BASED ON MANY FACTORS, INCLUDING BUT NOT LIMITED TO MARKET CONDITIONS. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS AND FUTURE ACCURACY AND RESULTS CANNOT BE GUARANTEED BASED THEREON. THE SUBSCRIPTION AND SITE CONTENT ARE BASED ON INFORMATION AVAILABLE AS OF THE TIME IT WAS PUBLISHED. PENTACLE AND ITS INFORMATION PROVIDERS DISCLAIM ANY DUTY TO UPDATE THE SUBSCRIPTION OR THE SITE. CONTINUING TO MAKE THE SUBSCRIPTION AVAILABLE, ON THE SITE OR OTHERWISE, AFTER THE DATE OF ITS FIRST PUBLICATION DOES NOT IMPLY THE TIMELINESS OF THE INFORMATION IN THE SUBSCRIPTION.

X. Indemnification

You hereby indemnify, defend, and hold harmless Pentacle and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“Pentacle Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by Pentacle and/or Pentacle Indemnified Parties in connection with any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties, and covenants you made, if any, by agreeing to these Terms. Pentacle reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.

XI. Third-Party Websites & Providers

We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. Pentacle has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.

XII. Governing Law and Jurisdiction

These Terms are governed by the laws of India without reference to the principles of conflicts of laws thereof.