Terms & Conditions

Introduction

These terms of use explain how you may use this website ("Site"). References in these terms to the Site includes the following website https://www.pointsrecap.com/ and all associated web pages. You should read these terms and conditions carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this website, please contact contact-us@pointsrecap.com.

Definitions

"Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site; "We", "Us" or "Our" means AllAIApps LLC. and its members, company registration number 7548423 Delaware. References to us in these terms also includes our group companies from time to time.

We are not a member of any financial advisory associations.

"You" or "Your" means the person accessing or using the Site or its Content.

Privacy Statement and its Additional Terms. These terms include our Privacy Statement which shall be subject to these terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by additional terms ("Additional Terms") relating to specific Content, goods or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you subscribe our service or place the order via the Site. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these terms.

This Site is intended for and directed to customers over the age of 18 years.

Accessibility

We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at "contact us" and/or use the website accessibility tools available at https://pointsrecap.com/aboutus#contact-us.

Restrictions On Use

This Site is mainly based on the personal investment experience of the website owner, and provides individual investors with a quick overview of daily financial vlog content, opinion notes, and a summary of market trends. All content is based on subjective processing and personal summaries of financial videos, news and other public content. Although AI technology is introduced in the middle, it is still a secondary processing of website owner's personal opinions. It is for your personal information only, for non-commercial use only, and does not constitute any investment advice.

Therefore, as a condition of your legal use of the Site, you should agree:

- Not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
- Not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
- Not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
- Not to use the Site to distribute viruses or malware or other similar harmful software code;
- Not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
- that you are solely responsible for any and all financial costs and expenses and investment risks you may incur in relation to your own discretion and shall be solely responsible for keeping your password and other account relating information and details confidential.

We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.

Ownership, Use and Intellectual Property Rights

This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by the Company. The Company reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.

Trademarks. "pointsrecap" is our registered trademarks are trademarks of AllAIApps Inc. Other trademarks and trade names may also be used on this Site. The use or misuse of any trademarks or any other Content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our prior written permission.

Submitting Your Personal Information to the Site

The Site is not a secure means of communication and any information you supply to us will be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Statement, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

Accuracy of Information and Availability of the Site

The Site is not a secure means of communication and any information you supply to us will be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Statement, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.

While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.

Hyperlinks and Third Party Sites

The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

Warranties and Limitation of Liability

You agree that your use of the Site is on an "as available" basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality or fitness for a particular purpose. To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site. We will NOT be liable for any loss or damage or financial losses of personal investments which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content. Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed, to the extent permitted by law the amounts paid by you to us in relation to your use of the Site or its Content confirm what would be a reasonable limitation of liability. Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded. Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.

General

These terms are dated July 5th, 2023. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right. These terms and conditions (together with the Privacy Statement and any applicable Additional Terms or other terms expressly referred to in these terms and incorporated by reference contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

You may not assign, sublicense or otherwise transfer any of your rights and obligations in these terms to any other person. These terms and conditions shall be construed in accordance with and governed by the laws in effect within the Province of Ontario. The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. If the website has translations of its terms of use, it should be specified that both the English and Chinese versions of the terms of use have equal legal value, if the website will need to be translated, and in the event of inconsistencies between the two versions, English version prevails.

Warranties of Website Contents

The Company warrants and represents to Visitor that:
The Company has the right, power and authority to enter into this Agreement and grant to Visitor the rights (if any) contemplated herein; any Services will be performed:

- by suitably qualified and competent personnel who shall exercise all due skill and care and all due diligence in the execution thereof;
- in compliance with the Service Levels;
- so as to conform with all statutory requirements and applicable regulations relating to the Services and the Website;
- in such a way as not to cause any fault or malfunction in any related software, products or system of Visitor; and
- in such a way as not to cause any interruption to the business processes of Visitor (other than any agreed and unavoidable interruption which is required in order to perform the Services in a proper and efficient manner).

The warranties and representations specified in the above paragraph are subject to Visitor giving notice to The Company as soon as it is reasonably able upon becoming aware of the breach of warranty or representation. When notifying The Company of a breach, Visitor shall use its reasonable endeavors to provide The Company with such documented information, details and assistance as The Company may reasonably request.

All other warranties and representations, whether statutory or implied, are hereby expressly excluded to the fullest extent permitted by law.

Any warranties and representations given in by The Company with respect to the performance of any Website shall not apply to the extent that the defect or error is wholly caused by anyVisitor Content or third-party software used in connection with the Website (save to the extent that The Company requested or required the use of such third party software).

Intellectual Property Rights Indemnity

Each party (“Indemnifying Party”) shall indemnify and keep indemnified and hold harmless the other (“Indemnified Party”) from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by the Indemnified Party as a result of or in connection with any action, demand or claim that use or operation of any Content or Software provided by the Indemnifying Party infringes the Intellectual Property Rights of any third party (“IPR Claim”), provided that the Indemnifying Party shall not have any such liability if the Indemnified Party:
- Does not notify the Indemnifying Party in writing setting out full details of any IPR Claim of which it has notice as soon as is reasonably possible;
- Makes any admission of liability or agrees any settlement or compromise of the relevant IPR Claim without the prior written consent of the Indemnifying Party (which shall not be unreasonably withheld or delayed); does not let the Indemnifying Party at its request and own expense have the conduct of or settle all negotiations and litigation arising from the IPR Claim; or
- Does not, at the Indemnifying Party’s request and own expense, give the Indemnifying Party all reasonable assistance in the circumstances described above.

Limits on Liability of Indemnifying Party

Subject to the following sub-paragraphs, in no event shall the aggregate liability of any party to the other (whether in contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with this Agreement:

- If the overall amount is $5000 or below, in respect of any one claim or series of related claims, the claim of damages would be compensated at the amount of $5000; and/or
- If the overall amount is above $5000, in respect of any and all claims, losses and damages arising under or in connection with this Agreement, the claim of damages would be compensated at the actual amount of incurred damages.

The above limits on liability shall apply in respect of any indemnities provided by either party under this Agreement, including without limitation to the indemnities under para[s]. (Intellectual Property Rights indemnity). Each party’s liability to the other in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with this Agreement shall not extend to any:
- loss of profits;
- loss of business opportunity;
- loss of goodwill;
- loss of data — consider whether this is appropriate depending on the nature of the web hosting services being provided, how significant lost data might be and who is best placed to prevent or mitigate the effects of lost data;
- loss of anticipated savings; or
- any special, indirect or consequential loss or damage whatsoever.

The parties agree that the limitations on liability in this Agreement are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks under this Agreement. Notwithstanding the above or other limitations and exclusions of liability set out in this Agreement, neither party excludes or limits any liability for:
- personal injury (including sickness and death) to the extent that such injury results from the negligence or willful default of a party or its employees;
- fraud or fraudulent misrepresentation;
- any breach of any applicable legal obligations implied; or
- any other liability to the extent the same cannot be excluded or limited by law.