Effective Date
Effective Date: September 30, 2025
Parties and Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the IndexSpan website, applications, products, and services (collectively, the "Services"). The Services are operated by IndexSpan, owned by Ffion Evans, 1375 E South Boulder Rd, Louisville, CO 80027 ("IndexSpan," "we," "us," or "our"). By accessing or using the Services, you agree to be legally bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
Definitions
- "User," "you," or "your" means the person or entity accessing or using the Services.
- "Account" means a registered user profile created to access certain features of the Services.
- "Content" means all information, data, text, charts, graphics, insights, research, alerts, and other materials provided through the Services.
- "User Content" means any content submitted, uploaded, posted, or otherwise provided by a User to or through the Services.
Eligibility and Accounts
You must be at least 18 years old and capable of forming a binding contract under applicable law to use the Services. You may be required to create an Account and provide accurate, current, and complete information. You are responsible for safeguarding your login credentials and for all activities under your Account. You must promptly notify us of any unauthorized use or security breach.
Description of Services
IndexSpan provides information and tools related to cryptocurrencies, blockchain developments, global equities, market indices, real-time and delayed prices, charts, comparative analytics, index trackers, portfolio analytics, alerts, research, education, and curated news. We do not execute trades, provide brokerage or advisory services, or custody assets.
Market Data, Third-Party Sources, and Delays
Market data, news, and other information may be sourced from third parties and may be delayed, incomplete, inaccurate, or subject to change without notice. Cryptocurrency and equity market data may be delayed by varying intervals and may be subject to exchange-specific licensing terms and restrictions.
- We do not guarantee the accuracy, timeliness, completeness, or reliability of any data.
- Any reliance on data or Content is at your sole risk.
- We may modify, suspend, or discontinue data feeds without liability.
No Investment, Legal, or Tax Advice
The Services and all Content are provided solely for informational and educational purposes and do not constitute investment, legal, accounting, or tax advice, or a recommendation to buy, sell, or hold any security, digital asset, or other financial product. IndexSpan is not a fiduciary, broker-dealer, investment adviser, commodity trading advisor, or money transmitter. You are solely responsible for your investment decisions and should consult qualified professionals.
Risk Disclosure
Trading and investing in cryptocurrencies and securities involve substantial risk, including loss of principal. Past performance does not guarantee future results. You acknowledge that you use the Services at your own risk and that markets may be volatile, illiquid, or subject to regulatory changes.
Regulatory Status; No Brokerage or Custody
IndexSpan does not facilitate order routing, trade execution, clearing, settlement, or custody and does not hold client funds or assets. Any references to third-party brokers, exchanges, or platforms are for convenience only and do not imply endorsement.
Subscriptions, Billing, and Auto-Renewal
Certain features may require a paid subscription. Prices, features, and billing cycles will be presented at checkout or within your Account. Unless otherwise stated, subscriptions automatically renew for successive periods of the same length at the then-current price until cancelled. You authorize us and our payment processors to charge your provided payment method for all fees and applicable taxes.
Free Trials and Promotions
If offered, free trials convert to paid subscriptions at the end of the trial unless you cancel before the trial ends. Promotions may be subject to additional terms.
Refunds and Chargebacks
Except where required by law or expressly stated otherwise, all fees are non-refundable. Unauthorized chargebacks may result in suspension or termination. If you believe a charge is in error, you must contact us promptly.
User Conduct and Prohibited Uses
You agree not to:
- Use the Services for unlawful, fraudulent, infringing, or harmful purposes.
- Scrape, harvest, bulk-download, or archive data except as expressly permitted by an authorized API, if available.
- Reverse engineer, decompile, or attempt to derive source code.
- Interfere with or disrupt the Services or circumvent security or access controls.
- Use the Services to provide competing products or services, or to create derivative datasets for resale without our prior written consent.
- Misrepresent your identity or affiliation, or violate applicable sanctions, export controls, or anti-money-laundering laws.
Alerts, Signals, and Automated Tools
Alerts, signals, and automated notifications are provided for convenience and informational purposes only. Delivery may be delayed or fail due to technical issues or third-party failures. You remain responsible for monitoring your positions and making your own decisions.
Intellectual Property; License and Restrictions
The Services and Content are owned by IndexSpan and its licensors and are protected by intellectual property and other laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use, or for internal use by your organization if you are authorized on its behalf.
- No license is granted to reproduce, distribute, modify, publicly display, or create derivative works of the Services or Content, except as expressly permitted.
- All trademarks, logos, and brand elements are the property of their respective owners. No rights are granted by implication or estoppel.
User Content and Feedback
By submitting User Content, you grant IndexSpan a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with operating, improving, and promoting the Services. You represent that you have all necessary rights to grant this license and that your User Content does not infringe or violate any third-party rights or laws. We may remove or disable access to User Content at our discretion.
You may provide feedback, ideas, or suggestions ("Feedback"). We may use Feedback without restriction or obligation to you.
Third-Party Links, Integrations, and Services
The Services may include links to or integrations with third-party sites, platforms, or services. We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms and privacy policies.
Compliance; Export Controls and Sanctions
You represent that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive U.S. embargoes, and that you are not a person or entity on any U.S. or other applicable sanctions lists. You agree to comply with all applicable export control, sanctions, and anti-money-laundering laws.
Privacy and Electronic Communications
Your use of the Services is subject to our Privacy Policy. By using the Services, you consent to receive communications from us electronically, including emails and in-Service messages. You agree that all notices, disclosures, and other communications we provide electronically satisfy any legal requirements that such communications be in writing.
Service Modifications and Availability
We may modify, suspend, or discontinue all or part of the Services at any time, with or without notice. We do not warrant that the Services will be uninterrupted, secure, or error-free.
Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. INDEXSPAN DOES NOT WARRANT THAT RESULTS WILL BE ACCURATE OR RELIABLE OR THAT ERRORS WILL BE CORRECTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDEXSPAN, ITS OWNER, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO INDEXSPAN FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
Indemnification
You agree to defend, indemnify, and hold harmless IndexSpan, its owner, affiliates, licensors, and service providers, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.
Suspension and Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Services will cease immediately, but certain provisions will survive, including ownership, warranty disclaimers, limitations of liability, and dispute resolution.
Governing Law; Arbitration; Class Action Waiver
These Terms are governed by the laws of the State of Colorado and the United States, without regard to conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Binding Arbitration
Except for individual claims in small claims court or claims for injunctive relief, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The place of arbitration will be Denver County, Colorado, unless the parties agree otherwise. The language of the arbitration will be English. The arbitrator may award any relief available in court, subject to the limitations set forth in these Terms.
Class and Representative Action Waiver
YOU AND INDEXSPAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Opt-Out
You may opt out of binding arbitration within 30 days of the date you first accept these Terms by sending written notice of your opt-out, including your name and contact information, to the contact address listed below. If you opt out, you retain the right to bring claims in court subject to the Governing Law and Venue provisions herein.
Venue
Subject to the arbitration provisions, the exclusive venue for any permitted court proceedings will be state or federal courts located in Denver County, Colorado, and you consent to personal jurisdiction there.
Copyright Policy; DMCA
We respect intellectual property rights. If you believe that Content infringes your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent with the following information: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good faith belief that use of the material is not authorized; and (6) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.
DMCA Agent: Ffion Evans, 1375 E South Boulder Rd, Louisville, CO 80027, Email: [email protected].
Children and Restricted Users
The Services are not directed to children under 13 and may only be used by individuals 18 or older. If we learn that a child under 13 has provided personal information, we will take steps to delete such information.
Taxes
You are responsible for any applicable taxes arising from your purchase or use of the Services. We may collect and remit taxes as required by law.
Beta Features
We may offer features labeled as "beta," "preview," or similar. Such features are experimental, provided "as is," may be modified or discontinued at any time, and may be subject to additional terms.
Changes to Terms
We may update these Terms from time to time. Material changes will be effective upon posting or as otherwise indicated. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
Notices and Contact Information
Legal notices to IndexSpan must be sent to: IndexSpan, Attn: Legal, 1375 E South Boulder Rd, Louisville, CO 80027, and by email to [email protected]. We may provide notices to you by posting to the Services or by email to the address associated with your Account.
Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and IndexSpan regarding the Services and supersede prior agreements.
- Severability: If any provision is held invalid, the remaining provisions will remain in full force and effect.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
- Force Majeure: We will not be liable for any delay or failure due to causes beyond our reasonable control.
- No Waiver: Our failure to enforce any provision is not a waiver of rights.
- Section Headings: Headings are for convenience only and do not affect interpretation.
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