Terms and Conditions

TERMS OF USE

Please read the following terms and conditions ("Terms of Use") before using the WhatStocks (the "Firm") mobile app (the “App”) and website (the "Website") . Your access to and use of the App and Website are subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and the Firm. The App is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the App is not available to persons under age 18. By accessing and using the App, you accept, without qualification, these Terms of Use. If you do not approve and accept these Terms of Use without qualification, you should delete the App immediately and are expressly prohibited from using the App and must discontinue use immediately.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

The App is for your personal and non-commercial use. The Firm grants you a non-exclusive, non-transferable and limited personal license to access and use the App, conditioned on your continued compliance with these Terms of Use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the App or Website. You may not allow others to use your user name or password to access or use any part of the App. If your password has been compromised for any reason, you should contact the Firm immediately for a new password. If you provide your password to any third party, you will be solely responsible for any actions taken by such third party using your password. All information on the non-public (i.e., password-restricted) areas of the App is confidential and private and you may not disclose or distribute such information to any other person for any purpose and is made available solely for your personal use in connection with your investment activities.

You are prohibited from using the App to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the App or Website for any purpose without the prior written permission of the Firm. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the App or any activities conducted on the App, or bypass any measures that we may use to prevent or restrict access to the App. Any rights not expressly granted herein are reserved.

NO SECURITIES OFFERING OR TAILORED INVESTMENT ADVICE

The information on the App and Website is intended to enable clients to understand the nature of the Firm's services. It is not intended as and does not constitute tailored investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The information in the App or Website should not be construed as the Firm's endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the Website or App, and the Firm urges you to make sure that you understand these risks before relying on, using or retrieving any information on the Website or App. You should evaluate the information made available through the Website and App, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information.

You acknowledge that any of your requests for information are unsolicited and any information shall neither constitute nor be construed as tailored investment advice from the Firm to you or to form an investment advisory relationship, or any other client relationship between you and the Firm or any of its affiliates or employees whereby the Firm or its affiliates are providing tailored investment advice to you. The Firm strongly recommends that you seek outside advice from a qualified securities professional. The Firm does not guarantee the suitability or potential value of any particular investment or information source. The Firm may invest or otherwise hold an interest in companies or securities that may be discussed on the Website and App.

The information contained in this Website and App is for general information purposes only. The information is provided by the Firm and while we attempt to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website, app or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Security prices and their historical prices shown may not be current or accurate.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website and App.

Every effort is made to keep the App up and running smoothly. However, the Firm takes no responsibility for, and will not be liable for, the App being temporarily unavailable due to technical issues beyond our control.

CONSENT TO ELECTRONIC DELIVERY

Users hereby consent to the electronic receipt by email or through this App for communications, including financial reports, statements and regulatory notices, if any, that may be required to be provided to such User by virtue of establishing a relationship with the Firm or one or more of its affiliates.

CONFIDENTIALITY

Users acknowledge that as users of the App, they may come in possession of information that the Firm considers confidential. Such confidential information can be described as and includes technical and business information relating to the Firm’s proprietary ideas or investment strategies; existing and/or contemplated products and services; marketing materials; offering materials; financial statements and investor information; and the identity of or nature of any relationships with investors and/or third party service providers, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.

To ensure the protection of such information and in consideration of the agreement to allow limited access to such information on the terms specified herein, App users agree to use the Confidential Information only for the purpose of evaluating potential investment with the Firm and will not reproduce, commercially exploit, redistribute, broadcast or create any derivative work based on any portion of the Website or App, without the express permission of the Firm. Each user agrees that it will limit disclosure of Confidential Information within its own organization to directors, officers, partners, members and/or employees having a need to know and shall not disclose the Confidential Information to any third party without the prior express written consent of the Firm.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE FIRM, AND ITS RESPECTIVE OFFICERS, DRIECTORS, PRINCIPALS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANATIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION, RESPONSES AND MATERIALS CONTAINED OR PRESENTED THROUGH THE APP AND WEBSITE. ANY CONTENT OF THE WEBSITE AND APP IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. THE FIRM HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. THE FIRM DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE AND APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT UNAUTHORIZED ACCESS TO OR MISAPPORPRIATION OF THE CONTENT WILL NOT OCCUR; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND APP IS SOLELY AT YOUR RISK.

THE MATERIALS ON THE WEBSITE AND APP INCLUDING, WITHOUT LIMITATION, INFORMATIONAL MATERIALS AND ANY OTHER FUND OR FIRM SPECIFIC INFORMATION, HAVE BEEN PREPARED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL, LEGAL, REGULATORY, TAX OR ANY OTHER ADVICE. PRIOR TO MAKING ANY INVESTMENT, YOU SHOULD CONSULT WITH A PROFESIONAL FINANCIAL ADVISOR AS WELL AS A LEGAL AND TAX ADVISOR TO ASSIST IN DUE DILIGENCE AS MAY BE APPOPRIATE IN DETERMINING THE SUITABILITY OF THE RISK ASSOCIATED WITH A PARTICULAR INVESTMENT. IN NO EVENT SHALL THE FIRM, OR ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR WITH ANY DELAY IN USING THE WEBSITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE WEBSITE OR APP, OR (III) OTHERWSIE ARISING OUT OF THE USE OF THE WEBSITE AND APP; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

OWNERSHIP OF CONTENT

The Website and App and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software ("Content"), are the property of the Firm and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Website and App are proprietary to the Firm, including all registered and unregistered trademarks and service marks of the Firm. If the Website or App includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by the Firm or any third party, without the Firm's express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of the Firm's copyrighted material or trademarks for any purpose, including, but not limited to, use as meta tags, links or otherwise on any website, without the prior written permission of the Firm.

The Website and App may include or make available certain content. Content includes, without limitation: (1) account positions, balances; (2) general news and information, commentary, research reports, educational material and information and data concerning the financial markets, securities and other subjects; (3) market data1 such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; (4) financial and investment interactive tools, such as alerts or calculators; (5) company names, logos, product and service names, trade names, trademarks and services marks (collectively, “Marks”) owned by The Firm, and Marks owned by Third Party Providers (defined below); and (6) any other information, content, services, or software. Certain Content is furnished by third parties. Such Content (“Third Party Content”) includes, without limitation, any information, content, service or software made available by or through social media websites, blogs, wikis, online conferences, telecasts, podcasts, and other forums. Third Party Content may be available through framed areas or through hyperlinks to the Third-Party Providers’ websites.

PROHIBITED ACTIVITIES

You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the App, you agree not to:

1. Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use the App to advertise or offer to sell goods and services.
4. Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.
5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
8. Attempt to impersonate another user or person or use the username of another user.
9. Use any information obtained from the App in order to harass, abuse, or harm another person.
10. Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise.
11. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
12. Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App.
13. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you.
14. Delete the copyright or other proprietary rights notice from any Content.
15. Copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
16. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App.
17. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
18. Use the App in a manner inconsistent with any applicable laws or regulations.
19. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.

USER GENERATED CONTRIBUTIONS

The App may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the App and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
3. permissions to use and to authorize us, the App, and other users of the App to use your Contributions in any manner contemplated by the App and these Terms of Use.
4. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the App and these Terms of Use.
5. Your Contributions are not false, inaccurate, or misleading.
6. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
7. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
8. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
9. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
10. Your Contributions do not violate any applicable law, regulation, or rule.
11. Your Contributions do not violate the privacy or publicity rights of any third party.
12. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
13. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
14. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
15. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the App in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the App.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the App or making Contributions accessible to the App by linking your account from the App to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the App. You are solely responsible for your Contributions to the App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the App; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

MOBILE APPLICATION LICENSE

Use License

If you access the App via a mobile device, then we grant you a revocable, non-exclusive, nontransferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple Devices

The following terms apply when you use a mobile application obtained from either the Apple Store ( an “App Distributor”) to access the App: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App

Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the App, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the App; or (2) allowing user to post screen shots to a Third-Party site or app

Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the App via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the App. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the App. You will have the ability to disable the connection between your account on the App and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the App. You can deactivate the connection between the App and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

PRIVACY POLICY

We care about data privacy and security. By using the App, you agree to be bound by our Privacy Policy posted on the App, which is incorporated into these Terms of Use. Please be advised the App is hosted in the United States. If you access the App from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the App, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided

personal information to us without the requisite and verifiable parental consent, we will delete that information from the App as quickly as is reasonably practical.

REGULATORY

The Firm offers investment advisory services through Perpetual Capital Management, LP. Perpetual Capital Management LP, is an SEC registered investment advisory entity and all applicable regulatory filings can be found at whatstocks.com/regulatory