Terms and Conditions

A. Introduction

The Standard Terms and Conditions written on this page shall manage your use of this Application. These Terms will be applied fully and affect to your use of this Application. By using this Application, you agreed to accept all terms and conditions written in here. You must not use this Application if you disagree with any of these Application Standard Terms and Conditions.

Zsenia software licensed hereunder may contain defects and a primary purpose of this license, for which no fees have been charged or are due from licensee, is to obtain feedback on software performance and the identification of defects. Licensee is advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the software and/or accompanying materials.

B. Intellectual Property Rights
Other than the content you own, under these Terms, Zsenia and/or its licensors own all the intellectual property rights and materials contained in this Application.

You are granted limited license only for purposes of viewing the material contained on this Application.

C. Restrictions
You are specifically restricted from all of the following:

(a) publishing any Application material in any other media.
(b) selling, sublicensing and/or otherwise commercializing any Application material.
(c) publicly performing and/or showing any Application material.
(d) using this Application in any way that is or may be damaging to this Application.
(e) using this Application in any way that impacts user access to this Application.
(f) using this Application contrary to applicable laws and regulations, or in any way may cause harm to the Application, or to any person or business entity.
(g) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Application.
(h) using this Application to engage in any advertising or marketing.

Certain areas of this Application are restricted from being accessed by you and Zsenia may further restrict access by you to any areas of this Application, at any time, in absolute discretion. Any user ID and password you may have for this Application are confidential and you must maintain confidentiality as well.

D. Your Content
In these Application Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Application. By displaying Your Content, you grant Zsenia a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Zsenia reserves the right to remove any of Your Content from this Application at any time without notice.

E. Warranties

Zsenia do not warrant that the provision of services will be uninterrupted, error free, timely, complete or accurate, nor do Zsenia make any warranties, express or implied, as to the results to be obtained from the use of the service and there are no express or implied warranties of merchantability or fitness for a particular purpose or use. Zsenia do not guarantee the accuracy and/or the completeness of any Data included therein and Zsenia shall have no liability for any errors, omissions, or interruptions therein. Zsenia make no warranty, express or implied, as to results to be obtained by any licensee, or any other person or entity from the use of or inability to use any data included therein. Zsenia make no express or implied warranties, and expressly disclaims all warranties of merchantability or fitness for a particular purpose or use with respect to the data. Without limiting any of the foregoing, in no event shall have any liability for any special, punitive, indirect, incidental, exemplary or consequential damages (including lost profits), regardless of whether Zsenia have been apprised of the likelihood of such damages occuring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability or otherwise.

Past performance is no guarantee of future results. You may utilize Zsenia within the Licensee Product only as described herein. You may perform research and analysis using the Zsenia data, or run reports, comparisons or other analysis on investments using the application at your own risk.

F. Limitation of liability
You acknowledge that nothing in the service constitutes investment advice of any kind and that the service is provided for informational purposes only. You expressly agree that your use of the application at your own risk. Accordingly, Zsenia will not in any way be liable for inaccuracies, errors, omissions, delays, damages, claims, liabilities or losses, regardless of cause, in or arising from the use of the service. Certain of the information contained in Zsenia:
(1) is proprietary to KKR Technologies LLC and/or data providers;
(2) may not be copied or distributed; and
(3) is not warranted to be accurate, complete or timely.
Neither Zsenia nor its data providers are responsible for any damages or losses arising from any use of this information.

G. Indemnification
You hereby indemnify to the fullest extent Zsenia from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

H. Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

I. Variation of Terms
Zsenia is permitted to revise these Terms at any time as it sees fit, and by using this Application you are expected to review these Terms on a regular basis.

J. Assignment
The Zsenia is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

K. Entire Agreement
These Terms constitute the entire agreement between Zsenia and you in relation to your use of this Application, and supersede all prior agreements and understandings.

L. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Governing state New York, and you submit to the non-exclusive jurisdiction of the state and federal courts located in for the resolution of any disputes.

M. Third Party Data Providers
This application incorporates information sourced from Third Party Data Providers. Not all end users of this Service will have access to information or data provided by all of the Third Party Data Providers.

All Third Party Data Providers have exclusive proprietary rights in their respective information and data.

Third Party Data is provided by third parties beyond our control and we do not take responsibility for its content or for any delays, interruptions or errors in it.

N. Auto Renewable Subscription
You may purchase an auto-renewing subscription through an In-App Purchase.

• Auto-renewable subscription.
• Your subscription will be charged to your iTunes account at confirmation of purchase and will automatically renew (at the duration selected) unless auto-renew is turned off at least 24 hours before the end of the current period. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
• Current subscription may not be cancelled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by visiting your iTunes Account Settings after purchase.

O. Contact us
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at support@zsenia.com.

Disclosure

Past performance is no guarantee of future results. Inherent in any investment is the potential for loss. This material is being provided for informational purposes only and nothing herein constitutes investment, legal, accounting or tax advice, or a recommendation to buy, sell or hold a security. No recommendation or advice is being given as to whether any investment is suitable for a particular investor. It should not be assumed that any investments in securities, companies, sectors or markets identified and described were or will be profitable. All information is current as of the date of herein and is subject to change without notice. All data contained in this email is neither real-time nor accurate. All stock prices, Indexes, Futures, buy/sell and Signals are indicative and should not be relied upon; furthermore the research, analysis and prices may not be accurate and may differ from the actual values or market price.

Zsenia provide various free resources, which you may choose to take into account for your own investment decisions. Zsenia or anyone involved with Zsenia will not accept any liability for any loss or damage as a result of reliance on the information contained within this email including data, quotes, charts, ratings and buy/sell signals. Please be fully informed regarding the risks and costs associated with the financial markets and our services should not be used in isolation. Any views or opinions expressed may not reflect those of Zsenia. Zsenia is not a licensed securities dealer, broker or US investment adviser or investment bank. Z-Index returns and other Default Portfolios are strictly hypothetical in nature consisting of stocks and ETFs that may or may have not been rebalanced in various frequencies with zero transaction costs. These Indices or portfolios are not the returns of actual portfolios of stocks or indices. Zsenia provide all information subject to the Zsenia "Terms and Conditions of Service".