Thank you for reading our Terms of Use. By downloading and using our mobile application (“App”), you agree that you have read, understood and agreed to these Terms of Use. Technicapital Limited (“Technicapital”, “we", “us” and “our”) is the owner and operator of the Technicapital app.

1. Our services

The Technicapital App provides historical financial market information insights, alerts and other features to assist users to make informed investment choices (the “Services”). The Services are intended to provide you with an intuitive way to analyse historical financial market information and do not constitute our opinion or financial advice in any circumstance. We make our Services available for personal use only.

Financial markets are complex and any trading decisions you make may be risky. Our App does not provide financial advice, nor do we independently verify the information we source from our third-party providers. Past performance is no indicator of future performance. You remain responsible for your own decisions and should satisfy yourself on all matters and consider seeking advice from a qualified financial adviser before making any investments.

2. Registration & Your Personal Data

You are only eligible to register with us and use our App if you have legal capacity in your jurisdiction to enter into legally binding commitments. Depending on where you are located, this may mean you need to be of a certain age.

Our App requires you to register with us and provide us with your personal data. Your privacy is important to us and we are committed to respecting your privacy at all times. We will always deal with information your personal information in accordance with applicable privacy law and our Privacy Policy.

Your account is personal to you and only one individual may access the Technicapital App under each username.

3. Fair Use

Your use of the Services must be fair, reasonable and not excessive, as reasonably determined by us in reference to an estimated typical user or other users’ actual usage of the Services.

If we, acting reasonably but in our sole discretion, consider your usage to be excessive and/or unreasonable we may immediately suspend, modify or restrict your use of the Services or withdraw your access to the Services (in full or in part) without notice to you.

4. Fees

You are responsible for all fees and charges incurred in connection with your account (including any applicable taxes) at the rates in effect when those fees and charges are incurred. We may change the fees and charges payable, or add new fees and charges, by giving you notice in advance.

All payments made to Technicapital are non-refundable.

Unless otherwise stated, all prices stated in New Zealand dollars are exclusive of taxes (including goods and services taxes or similar charges in your jurisdiction). You are solely responsible for any taxes payable.

5. Use of Cookies

We may use cookies on our App to help us identify you when you use our App or to help us improve your experience when using our Services. If you do not accept our cookies, some pages may not operate as intended and you may not be able to access certain information on our app.

6. Third Party Content

Our App may contain links to other websites. Those websites and links accessed by you are not under our control. We are not responsible for, make no representations or warranties in relation to, and do not endorse the content of those linked websites and provide them solely for your information and convenience. Section 6 includes important disclaimers in this respect.

7. Disclaimer of Warranties

You acknowledge that the App’s content is developed in reliance on third party information obtained from MarketStack.

While we have taken reasonable precautions to ensure the accuracy of content in our Services at the time of creation, the Technicapital App and all information on the Technicapital App is provided “as is” and “where available”.

You understand that errors can occur, or information may change over time and that depending on where and how you access the Technicapital App, the Services and contents contained therein may be delayed due to the means of transmission.

To the fullest extent permitted by law, we make no representation or warranty as to the accuracy, completeness, timeliness or reliability of the information provided in connection with the Technicapital App and our Services, including without limitation in respect of:

• any errors, mistakes or inaccuracies;
• any act you take, fail to take, due to or in reliance on any information contained on our App or referred to by us;
• personal injury or property damage of any kind resulting from your access or use of the Services;
• any lost savings or revenue resulting from use of the Services; and
• any interruption of your use of the Services.

The Technicapital App does not provide any investment or tax advice or advocate for the sale or purchase of any security, investment, or any other financial instrument, explicitly or otherwise. You acknowledge and agree it is your personal responsibility to ensure you are satisfied as to all relevant matters before making any investment decisions based on the information accessed in the Technicapital App and the Services.

8. Limitation of Liability

To the fullest extent permitted by law, Technicapital, its directors, shareholders, subsidiaries and their respective shareholders, officers, employees, advertisers, content providers and licensors will not be liable in contract, tort (including negligence) or otherwise to you for any direct, indirect or consequential loss or damage arising out of or in connection with the Services.

To the extent permitted by law, and except as otherwise provided for in these Terms of Use, we make no representations, conditions or warranties of any kind with respect to the Services.

9. Intellectual Property

The Technicapital App and its contents are protected by copyright, trademark and other intellectual property rights owned by us and our licensors. All rights are reserved to us. You may not extract, copy or otherwise reproduce any of our content (in any form) without our prior written consent.

You must not:

• use, reproduce, duplicate, reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend any such intellectual property rights or any of the underlying materials in any way, whether directly or indirectly.
• assert ownership or rights in, or exploit, sell or seek to generate profit from any of our intellectual property rights in the Services.
• copy, reproduce, republish, or distribute any content from us, for any reason whether in public, for commercial purposes or otherwise.

10. General

• These Terms of Use constitute the entire agreement between both of us with respect to your use of our Services. If we consider that you have breached any of these Terms of Use we may immediately and without notice to you suspend, modify or restrict your use of the Services (in full or in part) or terminate your account with us.
• Regardless of where you are in the world, these Terms of Use are governed by and to be interpreted in accordance with the laws of New Zealand. You and we agree to the non-exclusive jurisdiction of the New Zealand courts.
• We may amend these Terms of Use from time to time and will notify you of any changes by posting an updated version on our App. By continuing to use the Technicapital App after any changes to the Terms of Use, you are deemed to have accepted and shall be bound by those changes. If at any time you do not agree with any of our Terms of Use, you must immediately stop using our services, uninstall the App and tell us.
• Any delay or failure to enforce our rights under these Terms of Use does not mean we have waived those rights.