Terms of Use

Agreeing to these terms

These terms are an agreement between you and CapitalWave Inc. ("CapitalWave", "we", "us") about your use of the Portfolio Analyzer ("PFA"). By using PFA you agree to them, and to our Privacy Policy, Cookie Policy, Educational Disclaimer and Copyright notice. If you don't agree, don't use PFA.

If your organization has its own agreement with CapitalWave, that agreement governs the relationship between your organization and us. These terms govern your own use of PFA.

Who can use PFA

You must be at least 16. If you're under 18, use PFA only through your school or institution. If you use PFA for an organization, you confirm that you're allowed to act for it.

Your account

• Use an email address that's yours and that you can read. Sign-in codes and links are sent there, so keep that email account secure.
• Each account is for one person. Don't share sign-in codes or let others use your account.
• On a shared or public computer, tick the shared-computer box when you sign in, and sign out when you're done.
• Tell us straight away at legal@capitalwave.com if you think someone else has used your account.

Accounts through your organization

If you joined through a university, employer or training company, your organization controls its cohorts. Its instructors, teaching assistants and administrators can see your work, and it can remove you from its cohorts. If its subscription ends, you may lose access to its cohorts and the work in them. Your organization's own rules, including its academic-integrity rules, also apply to you.

Using the tools without an account

Anyone may use PFA's analytics tools without an account, for their own learning and teaching and not for commercial use.

Acceptable use

Don't:

• break the law, or use PFA to harm others;
• try to see other people's data, get around access controls, or probe PFA's security without our written permission;
• copy, scrape or republish PFA's content in bulk, including the question bank and labs;
• share exam questions or answers, or otherwise break your organization's academic-integrity rules;
• overload, disrupt or reverse-engineer PFA, or upload malicious code;
• use the AI tutor to produce harmful content, or try to make it reveal its instructions;
• send spam or misleading messages through the contact form;
• present PFA's results as professional investment advice to others.

AI features

The tutor and the suggested marks are generated by AI. They can be wrong, so check important points with your instructor. Don't enter sensitive personal information. Tutor conversations are kept for 12 months, and your instructors and CapitalWave staff may read them to check quality.

Your content

You keep ownership of what you create in PFA, such as your answers and the labs you build. You give CapitalWave, and the organizations whose cohorts you're in, permission to store, copy, display and process it to run PFA and to teach and grade. If you submit a lab to the shared lab library and we accept it, you also allow us to offer it to other PFA users. The Copyright notice has the details.

You're responsible for your content. Don't upload anything you don't have the right to share.

Our content

PFA, including its software, tools, labs, question bank, text and design, belongs to CapitalWave or its licensors. We give you a limited, non-exclusive, non-transferable permission to use PFA for learning and teaching, as these terms allow. We may withdraw that permission if you break these terms.

Fees

The analytics tools are free to use. Paid use, such as cohorts, labs, exams and reports for an organization, is covered by a separate order or agreement between the organization and CapitalWave.

Changes and availability

We improve PFA all the time and may add, change or remove features. We aim to keep PFA available, but it may sometimes be down for maintenance or because of problems beyond our control. Unless your organization's agreement says otherwise, we don't promise any level of availability.

Suspension and ending

You can stop using PFA at any time and ask us to delete your account. We may suspend or end your access if you break these terms, if your organization asks, or if we have to for legal or security reasons. Where it's reasonable, we'll tell you first.

Disclaimers

PFA is an educational tool, not investment advice; see the Educational Disclaimer. As far as the law allows, PFA is provided "as is" and "as available", without warranties of any kind, express or implied. This includes warranties of accuracy, fitness for a particular purpose and non-infringement.

Limits on liability

As far as the law allows, CapitalWave isn't liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from your use of PFA. Our total liability for any claim about PFA is limited to the greater of what you paid us for PFA in the 12 months before the claim and US$100.

Some places don't allow these limits, so they may not all apply to you. Nothing in these terms limits liability that can't be limited by law.

Indemnity

As far as the law allows, you agree to cover CapitalWave's reasonable losses and costs from claims by others that arise from your breach of these terms or your content.

Governing law and disputes

These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules.

If a dispute about PFA arises, please contact us first so we can try to settle it informally. If we can't, it will be decided by confidential, binding arbitration under the commercial arbitration rules of the American Arbitration Association, held in Dover, Delaware, unless we both agree otherwise in writing. Claims will be brought individually, not as part of a class or representative action. Either of us may bring a claim in small-claims court instead, or ask a court to stop misuse of intellectual property.

If you're a consumer in the European Union, the United Kingdom or another country whose laws give you rights that can't be waived, nothing in this section removes those rights. That includes the right to bring a claim in your local courts.

Changes to these terms

We may update these terms. We'll post the new version here and update the date at the top. If a change is significant, we'll tell you by email or in PFA before it takes effect. If you keep using PFA after that, you accept the new terms.

General

These terms, together with the policies they mention, are the whole agreement between you and CapitalWave about PFA. If any part can't be enforced, the rest still applies. If we don't enforce a right, we haven't given it up. You may not transfer these terms to anyone else. We may transfer them as part of a merger, acquisition or sale of assets.

Contact us

Write to CapitalWave Inc., 1410 North Scott St, Arlington, VA 22209, USA, or email legal@capitalwave.com. You can also use our contact form.