Terms of Service

Section 01Acceptance of these terms

These terms of service (the “Terms”) govern your use of the Sensible Investing website at sensibleinvesting.ca, the Sensible Investing application, and any related content, data, software and services (together, the “Service”).

By using the Service, or by creating an account, you confirm that you have read and understood these Terms, that you have the capacity and authority to enter into them, and that you agree to be bound by them. If you do not agree, you must stop using the Service.

Section 02Who we are

Sensible Investing® is a product operated by Candlestick Inc., a company incorporated in Canada with its registered office at 103-2727 Steeles Ave West, Toronto, Ontario, M3J 3G9.

In these Terms, “we”, “us” and “our” mean Candlestick Inc. Any obligation owed to Sensible Investing under these Terms is owed to Candlestick Inc.

Section 03Not investment advice

Verdicts, valuations, buy prices, margins of safety and every other output of the Service are the result of applying a documented set of rules to published financial information. They are informational in nature. They do not take account of your objectives, financial situation, tax position, risk tolerance or particular needs.

You are solely responsible for your own investment decisions and for any gains or losses arising from them. You should obtain advice from a qualified and appropriately registered professional before acting. Past results, whether of a security or of the methodology, are not a guide to future results.

Section 04Eligibility and your account

You must be at least eighteen years of age, or the age of majority in your province, state or country if that is higher, to use the Service.

You are responsible for keeping your account credentials confidential and for everything done under your account. Accounts are for a single named person. You may not share, sell, resell, lend or transfer access, and you may not permit any other person or automated system to use your credentials. Tell us promptly if you believe your account has been compromised.

Section 05Subscriptions, trials and billing

Access to the Service is sold by subscription. Prices, billing periods and included features are shown on our pricing page and may change from time to time, with existing subscriptions honoured until their next renewal.

• Free trial. New accounts may be offered a three day free trial. Unless you cancel before the trial ends, the subscription you selected begins automatically and the first payment is taken.
• Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current price, until cancelled.
• Cancellation. You may cancel at any time from your account settings or by emailing us. Cancellation takes effect at the end of the current billing period; you keep access until then.
• Payment. Payments are processed by third-party payment providers. You authorise us and them to charge your chosen payment method for all amounts due, including applicable taxes.
• Failed payments. If a payment fails, we may suspend or terminate access until the amount owing is settled.

Section 06Refunds

Annual subscriptions may be refunded in full if you request a refund within thirty days of the initial charge. Monthly subscriptions are not refundable for a period already begun, but you may cancel to prevent the next renewal.

Refund requests should be sent to [email protected] from the email address on the account. Nothing in this section limits any right of refund or cancellation you may have under applicable consumer protection law.

Section 07Acceptable use

The Service, and the data and outputs within it, are made available for your own personal or internal business research. You agree that you will not:

• scrape, crawl, harvest, mirror or use any automated means to extract data or outputs from the Service;
• republish, redistribute, resell, sublicense or otherwise make outputs available to any third party, whether or not for payment;
• use outputs to build, train or improve any competing product, dataset or model;
• circumvent or attempt to circumvent any access control, rate limit or security measure;
• reverse engineer, decompile or attempt to derive the underlying rules, thresholds or source code of the Service, except to the extent that restriction is prohibited by law;
• use the Service in any way that breaches applicable law or infringes the rights of others.

Section 08Market data and third-party sources

The Service depends on financial information published by issuers, exchanges, regulators and third-party data providers. We take reasonable care in processing that information, but we do not originate it and we cannot guarantee that it is accurate, complete, current or free from error.

Market data may be delayed. Filings may be restated, corrected or withdrawn after we have processed them. Coverage of any particular security or exchange may change or be withdrawn without notice, and the Service does not cover banks, insurers, asset managers or other financial companies.

Section 09Ownership and copyright

All parts of the Service, including its content, design, text, graphics, data compilations, valuation rules and the selection and arrangement of all of the foregoing, are owned by Candlestick Inc. or its licensors and content providers, and are protected by copyright and other intellectual property laws.

We grant you a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Service in accordance with these Terms. No other rights are granted. The Service contains information of a proprietary and confidential nature, and you agree to use reasonable efforts to keep it confidential.

Section 10Trademarks

SENSIBLE INVESTING, CANDLESTICK, candlestick.cc, sensibleinvesting.ca and the associated logos are trademarks of Candlestick Inc. None of them may be used for any purpose without our prior written consent.

All other trademarks, including the names and marks of stock exchanges, appear for identification purposes only and are the property of their respective owners. Their appearance does not imply any endorsement, sponsorship or affiliation.

Section 11Changes to the Service and to these Terms

We may add to, modify, suspend or discontinue any part of the Service at any time. We may also change these Terms. When we do, we will update the date shown at the top of this page and, where the change is material, notify account holders by email or through the Service.

Your continued use of the Service after a change takes effect means you accept the updated Terms. If you do not accept them, you must stop using the Service and may cancel your subscription.

Section 12Termination

These Terms remain in effect until terminated by you or by us. You may terminate at any time by cancelling your subscription and closing your account.

We may suspend or terminate your access immediately and without notice if, acting reasonably, we believe you have breached a material term, have acted unlawfully, or have acted in a way that harms the Service or other users. On termination, your right to use the Service ends immediately; sections that by their nature should survive will survive.

Section 13Disclaimer of warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CANDLESTICK INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, UNINTERRUPTED OR ERROR-FREE OPERATION, AND ABSENCE OF VIRUSES OR OTHER HARMFUL CODE.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

Section 14Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CANDLESTICK INC. NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, INVESTMENT LOSSES, LOST OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, ARISING FROM OR RELATING TO THESE TERMS, THE SERVICE, ITS CONTENT, OR ANY RELIANCE PLACED ON IT, WHETHER IN CONTRACT, TORT OR OTHERWISE.

OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Section 15Indemnification

You agree to indemnify, defend and hold harmless Candlestick Inc., its affiliates, officers and employees from and against any claims, liabilities, losses, costs or damages of any kind arising from or relating to your use of the Service, your breach of these Terms, or any material you submit through the Service.

Section 16Third-party websites and links

The Service may contain information, products or services provided by third parties, and links to websites operated by them. These are provided as a convenience only. We do not control them, make no representations or warranties about them, and their inclusion does not imply endorsement, authorisation, sponsorship or affiliation.

Section 17Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. Please read it before using the Service.

Section 18Governing law and jurisdiction

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law rules.

You agree that any action or proceeding arising from or relating to these Terms or the Service shall be brought exclusively in the courts of the Province of Ontario, and you consent to the jurisdiction of those courts. Where applicable consumer protection law gives you the right to bring proceedings in your place of residence, this section does not remove that right.

Section 19Entire agreement, severability and no solicitation

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Candlestick Inc. regarding the Service and supersede all prior negotiations, representations, warranties, undertakings and agreements, written or oral.

Each provision shall be interpreted so as to be valid and enforceable. If any provision is held invalid or unenforceable, it shall be ineffective only to the extent of that invalidity, and the remainder shall continue in full force.

The Service and the information within it do not constitute an offer, or a solicitation of an offer, for the purchase or sale of any security.

Section 20Contact

Questions about these Terms can be sent to [email protected], or by post to Candlestick Inc., 103-2727 Steeles Ave West, Toronto, Ontario, M3J 3G9, Canada.