Terms of Service

Tomer Hochma(d/b/a Tickergate)(“Tickergate”, or “us”, “our”, “we”) provides a stock comparison & research platform for investors (the “Site”). Tickergate respects your right to privacy. Your ability to make informed choices about the uses of your information is important to us. This privacy policy details how we collect, use and store information and data that we receive. If you have any comments or questions about our privacy policies, please contact us at contact@tickergate.com.

Please read these Terms carefully. You must accept these Terms prior to using the Site. By using the Site, you signify your consent to these Terms, including without limitation our privacy policy, a current copy of which is available at http://www.tickergate.com/privacy (our “Privacy Policy”). Changes may be made to these Terms and our Privacy Policy from time to time at our sole discretion. Your continued use of the Site will be deemed acceptance to any such amended or updated terms. If you do not agree to any of these Terms, please do not make any use of the Site.

Use of Site

Tickergate allows you to access and use the Site subject to these Terms for your own personal use. Tickergate may, in its sole discretion and at any time, modify or discontinue providing the Site or any part thereof without notice. Tickergate also reserves the right to modify its payment terms with reasonable prior notice.

Use of and access to the Site is void where prohibited by law. By using the Site, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 14 years of age or older and (d) your use of the Site does not violate any applicable law or regulation or any obligation.

Registration

You may register to use Tickergate by registering an account or connecting through Facebook (or another social media account as permitted by Tickergate). By registering through a Facebook account or other social media account you represent and warrant that such account is yours and you have all right to provide us with the information in such account according to the terms and conditions of Facebook or the other applicable social media account. We may terminate your use of the Site if you let someone use your account inappropriately, or if you or anyone using your account violates these Terms. If your account is terminated, you may not rejoin Tickergate again without our express permission. You agree to immediately notify us of any unauthorized use of your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. Tickergate will not be liable for any losses or damage arising from unauthorized use of the Site, and you agree to indemnify and hold Tickergate harmless for any improper or illegal use of the Site, and any charges and taxes incurred, unless you have notified us via e-mail at contact@tickergate.com that your account have been compromised. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.

Tickergate reserves the right to require third parties wishing to post content to the Site to provide additional information in order to register, as requested by Tickergate. Such information may include documentation that Tickergate may be required to collect under local law, such as tax documents. Tickergate may refuse to open an account for any individual that refuses to provide such information or documentation. Tickergate reserves the right to refuse to allow any individual or entity to join the Site, at any time or for any reason.

Termination of Account

You agree that Tickergate may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any User Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, including travelers, other users or the business interests of Tickergate.

If Tickergate believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred through your account, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. You may request termination of your Tickergate account at any time and for any reason by sending an email to contact@tickergate.com. Any suspension, termination, or cancellation of your account or these Terms shall not affect your obligations to Tickergate, its licensors and other users of Tickergate under these Terms (including but not limited to payment obligations, ownership of intellectual property, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Intellectual Property

Tickergate and its licensors own the Site, including all worldwide intellectual property rights in the Site, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site or any User Content (as defined below) appearing in the Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Tickergate or any third party.

You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site; (b) circumvent, disable, or otherwise interfere with security-or access-related features of the Site or features that prevent or restrict use or copying of any User Content; (c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (d) harvest, collect or mine information about users of the Site; or (e) use or access another user’s account or password.

Subscriptions

1. Subscription terms

We may offer you the ability to purchase subscriptions via Paddle. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.

We reserve the right to change our pricing at any time, and with reasonable notice to our subscribers. At the end of the notice period the user’s next billing period (i.e. monthly or annually) payment shall be at the revised price.

2. Subscription Fees

Subscription fees are due in advance and your subscription will automatically renew for the annual, monthly or other subscription period you originally signed up for, until you notify us of your decision to terminate your subscription.

3. Free trials and promotional period

If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.

4. Cancellations

If you sign up for a free trial, then you will not be billed until the free trial period ends. However, you can cancel your subscription at any time before the next billing date and then you will not be charged.

Cancellation can be performed via My Account page and clicking "Cancel Subscription" or via email to contact@tickergate.com

5. Refunds

We offer a 14-day money back guarantee after the subscription begins. Note: This 14-day period begins when the subscription service starts. For example, if you signed up for a one-week free trial, the period begins on the first day of your free trial, so you will be eligible for a refund for 7 days after your free trial ends.

Copyright Infringement

Tickergate respects the intellectual property rights of others and expects its users to do the same. Tickergate will remove all infringing User Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time.

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Site infringes their rights. If you believe that something appearing on the Site (including on any third party page made available through the Site) infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. It is Tickergate policy to terminate the account of repeat infringers in appropriate circumstances, taking all facts and circumstances into account. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: [__________________].

Disclaimers & Disclaimer of Warranty

Your use of the Site and/or User Content is at your sole discretion and risk. The Site and/or User Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Tickergate.

Tickergate enables investors to discover and research stocks but cannot and does not accept any responsibility for the actions of any of the foregoing. WE DISCLAIM ALL LIABILITY FOR THE FAILURE OF ANY OF THE FOREGOING OR ANY OTHER PARTY TO SATISFY HIS/HER OBLIGATIONS HEREUNDER. IF YOU USE THE SITE, OR ANY INFORMATION OR SERVICES OFFERED HEREUNDER, THEN YOU DO AT YOUR OWN RISK AND TICKERGATE SHALL NOT HAVE ANY LIABILITY THEREFOR.

Tickergate provides a platform for third parties to provide information about services they may offer, but Tickergate makes NO REPRESENTATION OR WARRANTY AND ACCEPTS NO LIABILITY IN RESPECT OF ANY SUCH SERVICES, ANY INFORMATION PROVIDED BY THIRD PARTIES OR THE IDENTITY AND BEHAVIOR OF ANY THIRD PARTIES. ALL AGREEMENTS OR OFFERS FOR SERVICES ARE BETWEEN THE APPLICABLE USERS, AND TICKERGATE ACCEPTS NO LIABILITY IN RESPECT THEREOF. PLEASE CHECK THE QUALIFICATIONS OF ANY THIRD PARTY INDEPENDENTLY.

TICKERGATE DOES NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR THE CONVERSION OF AMOUNTS TO ANY CURRENCY, AS DISPLAYED ON THE SITE.

TICKERGATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Site AND/OR USER CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TICKERGATE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Site AND/OR USER CONTENT; OR (II) THAT THE Site WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Site.

Content on the Site originates from a variety of sources, including users’ descriptions or images and user feedback. User Content on the Site may contain, without limitation, locations of various users. TICKERGATE DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TICKERGATE IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE USER CONTENT POSTED ON THE SITE. TICKERGATE CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. PLEASE CHECK ALL INFORMATION INDEPENDENTLY FOR ACCURACY. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the User Content information at any time without prior notice.

You understand that Tickergate is not responsible for the accuracy, usefulness, safety, appropriateness of or infringement by any User Content available on the Site. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Tickergate with respect to thereto. It is also possible for others to obtain personal information about you due to your use of the Site, including through any User Content that you make available through your account. Anyone receiving or viewing User Content may use your information (such as your contact details, location or description of materials that are made available) for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Site or through any User Content. By making any information (including your contact details, location or description of materials) available through the Site you acknowledge that you understand and have agreed to such risks. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SITE OR OTHERWISE.

No advice or information, whether oral or written, obtained by you from Tickergate, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL TICKERGATE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY EXPENSES FOR TRAVEL OR LODGING, OR FOR REPLACEMENT GOODS), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Site OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE Site, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TICKERGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL TICKERGATE'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO TICKERGATE FOR USE OF THE Site. IF YOU HAVE NOT MADE ANY PAYMENTS TO TICKERGATE FOR THE USE OF THE Site, THEN TICKERGATE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

The Site may include pages created by third parties, such as vendors. All content in such third party pages is owned by the third party creating the applicable page, and Tickergate accepts no responsibility for the content, accuracy, usefulness, safety, or appropriateness of any content available in or through such third party pages. If you have any complaints or questions regarding the content of any third party, or any items available through a third party, please contact the applicable third party directly.

In addition to the foregoing, Tickergate assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User Content. Tickergate is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or downloading materials in connection with the Site. UNDER NO CIRCUMSTANCES SHALL TICKERGATE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SITE, OR FROM THE CONDUCT OF ANY USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

Indemnification

You agree to indemnify, defend, and hold harmless Tickergate and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site, including, without limitation, provision of services in connection with the Site shall be in compliance with all applicable laws, regulations and guidelines.

Miscellaneous

The Site may include links to third party sites or services. Tickergate shall have no responsibility for any third party sites or services.

These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought against Tickergate in connection with these Terms or the Site shall be brought exclusively in the courts in Tel Aviv-Jaffa and you irrevocably consent to their jurisdiction. Any cause of action against Tickergate must be brought within one (1) year of the date such cause of action arose.

In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Tickergate or authorizes you to act on behalf of Tickergate. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Tickergate and you pertaining to the subject matter hereof, and any and all other agreements (including any oral or written agreements) existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account or account of any social networking site that you provided upon registration.

Last updated: February 2024