These Massive for Individuals Terms of Service (these "Terms") are a legal agreement between you ("you" or "your") and Massive.com, Inc. ("Massive", "we", "our", or "us") and govern your personal, individual, non-business use of the Services described below. These Terms apply to free and paid individual plans, their add-ons and legacy versions, and Services we offer for personal use without an account. If you use the Services for a business or commercial purpose or on behalf of an organization, the Massive for Businesses Terms of Service apply, and you may not use a personal-use plan for that purpose. You agree to the Agreement when you affirmatively accept these Terms at sign-up, at checkout or in a request or purchase interface that presents them, including through an automated system you authorize. The "Agreement" consists of these Terms, the terms presented with your order or purchase (each, an "Order Form") and any additional terms presented for the Services or Information you select, including the Market Data Terms of Service ("Additional Terms"). The Agreement takes effect when you first accept it and continues until terminated as provided below. If you do not agree, you may not access or use the Services.
ARBITRATION NOTICE: If a dispute arises, Section 15.1 requires you to arbitrate it with Massive and limits how you can seek relief.
1. General
Massive provides tools to access and use financial and other information through the products and services you order or access, including their content, features, functionality, tools, software applications, APIs, data-delivery channels and AI tools (collectively, the "Services"), as described in our documentation at https://massive.com/docs (the "Documentation"). You may access the Services through REST APIs, WebSockets, flat files and downloads, supported SQL interfaces, MCP servers and other AI integrations, x402 per-request interfaces, and our markets applications, dashboards and terminal, as available under your applicable entitlements. Through the Services, we make available data, content and other information owned by or obtained from exchanges, securities information processors, plan administrators and other sources or owners of that information (collectively, "Third Party Providers"), or from publicly available sources (collectively, "Third-Party Data"), as well as data, content and other information owned, gathered, created or calculated by Massive, excluding Third-Party Data ("Massive Data"). Data that Massive calculates or derives from Third-Party Data remains Third-Party Data to the extent the applicable provider treats it as its data. Your receipt and use of Third-Party Data, Massive Data and any data derived from either, in whole or in part, that can identify, recalculate, reverse engineer or decompile either, or can create a substitute for either, regardless of form, delay, aggregation, reformatting or combination with other data (collectively, the "Information"), are governed by the Market Data Terms of Service, which are incorporated into the Agreement. The Information available through the Services includes information relating to securities, derivatives, foreign exchange, digital assets, indices and other financial instruments or markets ("Market Data"), and may also include company and reference information, regulatory filings, news, economic information, alternative data, analytics and partner datasets. The Information itself and Third-Party Services are excluded from the Services, and the Market Data Terms of Service apply to Information whether or not it is Market Data. Availability depends on your selected plan, add-on or request and on any source-specific qualifications. These Terms do not entitle you to every dataset, feature, access method or level of timeliness. The applicable Order Form identifies what you purchase. Examples in the Documentation do not expand your entitlements or the rights granted under the Agreement.
2. Access Grant
Subject to the terms and conditions of the Agreement, we grant you a non-exclusive, non-transferable, non-assignable, worldwide, limited right to access and use the Services, as such Services may be modified, revised, and updated in accordance with the Agreement, within your applicable entitlements, solely for your own personal, non-commercial, and non-business purposes. You may use supported interfaces to build and run your own personal applications and analyses, subject to the Agreement. Rights to the Information are governed by the Market Data Terms of Service. Access to a tool does not expand those rights.
3. Your Account
3.1 Account Registration
Except for Services we offer without an account, you must open an account with us to use the Services. For accountless Services, we may still require information or verification needed for payment, security, legal compliance or a Third Party Provider's requirements. During the registration process, we will ask you for information, which may include, but is not limited to, your name, e-mail address, and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. We reserve the right to change your account type, downgrade, suspend, or terminate your account and the account of anyone who provides inaccurate, untrue, or incomplete information or who fails to comply with the account registration requirements.
3.2 Eligibility
You represent and warrant that you are at least eighteen (18) years old. You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Services outside the United States, you are solely responsible for ensuring that your access and use of the Services in such country, territory, or jurisdiction does not violate any applicable laws.
3.3 Account Responsibility
You are responsible for activities conducted through your account and the access controls, keys, tokens or other authentication mechanisms you control ("Credentials"), including requests and purchases made by automated systems or AI agents you authorize. Protect your Credentials, payment methods and wallets, set appropriate spending and access limits, and promptly notify us of confirmed or reasonably suspected unauthorized use. You may use Credentials in systems you control or in Third-Party Services you enable under Section 7, but only for your permitted use. You may not share an account or Credentials to give another person independent access. You remain responsible for ensuring that those tools comply with the Agreement. You are not responsible under this Section for losses to the extent caused by a compromise of our systems or by our negligence, fraud or willful misconduct, and nothing here limits rights applicable law gives you regarding unauthorized payments.
3.4 Disabling Accounts
We may disable your account, including your API keys, at any time. We may do so, for example, if you fail to comply with the Agreement, or if activity on your account or through your API keys would or might, in our sole discretion, damage or impair the Services, infringe or violate third-party rights, or violate applicable laws or regulations.
4. Payment Obligations
4.1 Payment Terms
The Services include paid services ("Paid Services") and free services ("Free Services"). Paid Services may be purchased on a recurring monthly or annual basis ("Paid Subscription Services"), as add-ons, or on a one-time or as-used basis, including per-request purchases ("Add-On Services"). Add-On Services need not be attached to a subscription. You agree to pay the subscription, one-time and usage fees ("Fees") disclosed in the applicable Order Form or purchase interface, plus applicable Taxes. Unless your Order Form states otherwise, subscriptions are billed in advance and renew for the same subscription period until canceled under Section 8.3. One-time and usage purchases are charged when purchased or used. A per-request purchase covers only the Information specified for that request and does not create a subscription or recurring payment authorization. Each such purchase is priced in the payment requirements presented for that request. You authorize payments you submit, including through automated systems you authorize, using the displayed currency, network and payment method. You are responsible for separately disclosed network or third-party charges. We do not control third-party wallets, payment networks or facilitators. A payment sent to an incorrect address or network may not be recoverable, but this does not limit any refund or other remedy required by law or the Agreement. For recurring Paid Services, you authorize us or our payment processor to charge the designated payment method for the disclosed Fees and Taxes until cancellation. You must be authorized to use that method and keep its information current. We may suspend access for unpaid Fees after notice. Payment obligations incurred before cancellation survive termination. Prices are in U.S. Dollars unless the purchase interface specifies another currency. We may change prices for future purchases. Subscription price increases take effect only at a renewal, and we will provide any notice or obtain any affirmative consent required by law. For a New York consumer charged an increased subscription price without affirmative consent to that increase, we will permit cancellation for at least fourteen (14) days after the charge and refund the unused portion of the term on a pro rata basis. A new per-request price applies only to requests authorized after that price is presented. If we offer a trial or promotional subscription that converts to a paid or higher-priced subscription, we will disclose its duration, subsequent price and cancellation deadline before obtaining your affirmative consent and provide legally required reminders. A Free Service does not become a Paid Service merely because you use it. If we receive payment for a per-request purchase but fail to provide the purchased response, we will provide that response without an additional charge or refund the amount we received for it. We will refund duplicate payments we receive for the same authorized purchase. Contact support@massive.com with the request or transaction identifier for reconciliation. These remedies do not limit remedies required by law.
4.2 Taxes
Fees include taxes where applicable law requires tax-inclusive pricing and otherwise are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "Taxes"). You will be responsible for paying all Taxes associated with your purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, you will reimburse us for such withholding tax.
4.3 Adding, Upgrading, and Downgrading Services at Your Election
At any time, you may purchase additional Paid Services as well as upgrade your Free Service to a Paid Subscription Service. If you purchase a monthly Paid Subscription Service, the Fees reflected in the applicable invoice will be for a prorated monthly subscription, and you will be invoiced on the same date that you upgraded your account for each subsequent calendar month. If you sign up for an annual Paid Subscription Service, the Fees reflected in the applicable invoice will be for a full annual subscription. You may downgrade from a Paid Subscription Service to a lower-tier Paid Subscription Service or to a Free Service at any time from your account settings. If you downgrade a Paid Subscription Service, you remain responsible for its unpaid Fees, and its Services are deemed fully performed and delivered when its subscription term expires. If you cancel a Paid Subscription Service, you will continue to have access to that Paid Subscription Service through the end of your then-current billing period, but you will not be entitled to a refund or credit for any Fees already due or paid, except as stated in Sections 4.1 and 8.4 or where required by law. A downgrade does not close your account or terminate the Agreement. When it takes effect, your access to Services and Information that your new plan does not include ends, and Section 8 of the Market Data Terms of Service explains what happens to Information you have already downloaded.
4.4 Downgrade for Non-Payment
If any Fees owed to us by you are overdue, we may, without limiting our other rights and remedies, downgrade any Paid Subscription Services to the Free Services or suspend any Paid Subscription Services until those amounts are paid in full, so long as we have given you notice that your account is overdue. You acknowledge and agree that a downgrade or suspension will result in a decrease in certain features and functionality, as illustrated by comparing the plans on our Products page.
5. Massive's Intellectual Property
5.1 Intellectual Property Rights
The Services contain material that is derived, in whole or in part, from material owned by Massive as well as third-parties. We expressly and exclusively reserve for ourselves (and our licensors) any and all registered and unregistered rights (whether or not registrable) granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the "Intellectual Property Rights") that are created, generated, acquired, or used in connection with the Services. The look and feel of the Services, including, but not limited to, any custom graphics, button icons, and scripts are also our property, and you may not copy, imitate, or use them, in whole or in part, without our prior written consent. Nothing herein shall be deemed to grant any rights or licenses to our Intellectual Property Rights to you, except as is expressly required for you to use the Services (but not apart from your use thereof). This Agreement is a license, not a sale. We do not acquire ownership of your independently created applications, prompts or analyses merely because you use the Services. Our and our licensors' rights in the Services and Information remain reserved. Any open-source components we separately license are governed by their applicable licenses.
5.2 Trademarks
You acknowledge and agree that any of our names, trademarks, service marks, logos, trade dress, or other branding included as part of the Services are owned by us, unless otherwise noted, and may not be copied, imitated, or used (in whole or in part) without our prior written consent. All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any information displayed on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Massive.
5.3 Usage Data and Feedback
You acknowledge and agree that we may collect and use any data provided to us or arising out of, related to, or from your use of the Services ("Usage Data"), including, but not limited to, metrics, analytics, statistics, metadata, and inputs for lawful business purposes without compensation to you, subject to our Privacy Policy and applicable law. This includes, but is not limited to, using such Usage Data to provide, analyze, maintain, support, optimize, and improve the Services; to monitor for compliance and adhere to our obligations with any Third Party Providers; for research, analytics, benchmarking, marketing, and the development of products and services; and for any other purpose for which you provide authorization via the Services, where such option is made available. In addition, you may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Massive or our Services (collectively, "Feedback"). By submitting Feedback to us, you hereby grant us a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, adapt, modify, sublicense, transmit, distribute, display, sell, transfer, incorporate into our products or services, create derivative works from, or otherwise exploit any such Feedback without any compensation to you.
6. User Conduct
6.1 Use Restrictions
You may not do, attempt to do, enable, or encourage anyone else to do, any of the following:
(a) Use the Services for any illegal purpose or violate any applicable federal, state, local, national, or international laws or regulations (including sanctions laws), or the Agreement;
(b) Violate any rules, regulations or laws of the Financial Industry Regulatory Authority, Inc., the Securities and Exchange Commission, the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association;
(c) Violate any terms and conditions of any Additional Terms;
(d) Violate, or encourage others to violate, any right of a third party, including by (i) infringing or misappropriating any third party intellectual property right, (ii) using any trademarks, service marks, design marks, logos, photographs or other content belonging to Massive or obtained from the Services, (iii) making unauthorized copies of any content made available on or through the Services, or (iv) misrepresenting information or defacing or removing any intellectual property marks transmitted with the Services;
(e) Provide any false personal information to us, create a false identity or impersonate another person or entity in any way or perform any fraudulent activity including claiming a false affiliation, accessing any other Services account without permission, or falsifying your age or date of birth;
(f) Interfere with security-related features of the Services or any user's enjoyment of the Services, including by: (i) using any device, software or routine to interfere or attempt to interfere with the proper working of the Services, or any activity conducted on the Services, (ii) disabling or circumventing features that prevent or limit use or copying of any content, (iii) attempting to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Services except to the extent that the activity is expressly permitted by applicable law, (iv) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, (v) disrupting any network, equipment, or server connected to or used to provide the Services, (vi) disabling, overburdening, impairing, damaging, or hijacking the operation of any hardware, software or telecommunications equipment or any other aspect of the Services or communications equipment and computers connected to the Services, (vii) accessing, tampering with or using non-public areas of the Services, Massive's (and its hosting company's) computer systems and infrastructure or the technical delivery systems of Massive's providers, (viii) creating a new account with Massive, without Massive's express written consent, if Massive has previously disabled or suspended an account of yours, or (ix) using the Services, without Massive's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming, (x) gaining unauthorized access to the Services, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services, (xi) bypassing any approved software through which the Services is made available, (xii) framing the Services to misrepresent their source or bypass access controls, or (xiii) interfering with or disrupting the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of those networks or servers;
(g) Interfere with any user's enjoyment of the Services by: (i) restricting, discouraging, or inhibiting any person from using the Services, disclosing personal information about a third person on the Services or obtained from the Services without the consent of that person, or collect information about or threaten, harass, demean, embarrass, menace or intimidate users of the Services; (ii) making any unsolicited offer or advertisement to another user of the Services, (iii) collecting personal information about another user or third party without consent, (iv) soliciting, or attempt to solicit, personal information from other users of the Services, or (v) using the Services to send communications to persons who have requested that you not send them communications;
(h) Sell or otherwise transfer the access granted under the Agreement or any of Massive's materials or any right or ability to view, access, or use any of Massive's materials;
(i) Use or attempt to use another user's account or API keys;
(j) Pose as another person or entity or otherwise falsify your account information;
(k) Adapt, modify, or create derivative works based on the Services or the technology underlying the Services in whole or part, except as expressly permitted by the Agreement or a separately applicable open-source license;
(l) Use the Services from a country sanctioned by the government of the United States or to facilitate transactions involving individuals sanctioned by the government of the United States or located in sanctioned countries;
(m) Use the Services to carry out any financial activities subject to registration or licensing;
(n) Promote, offer for sale or sell any security or item, good, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) Massive determines, in its sole discretion, is inappropriate for sale; or
(o) Circumvent rate limits, usage quotas, payment requirements or other technical limits on the Services, including by creating multiple accounts or rotating Credentials, or access the Services other than through the interfaces we make available.
6.2 Monitoring and Suspending Access
We may, but have no obligation to, monitor the use by you and other users of the Services. If we reasonably suspect or become aware of a violation of applicable law or a governmental authority's requirements, or if we determine in our sole and reasonable discretion that you are violating the Agreement or a Third Party Provider's terms, we may take or refrain from taking any step available to us. Those steps include downgrading, suspending, rate limiting, or terminating your access to the Services and seeking other legal or equitable remedies. Such suspension or termination shall not constitute a breach of the Agreement by Massive. We may set, enforce, and change rate limits, usage quotas, and other technical limits at any time.
7. Third-Party Services
The Services may also contain links or functionality to access or use third-party websites and applications (collectively, "Third-Party Services"). When you click on a link to or access and use a Third-Party Service, we may not warn you that you have left our Services, and you are subject to the terms and conditions (including privacy policies) of such Third-Party Services. Massive provides links to these Third-Party Services only as a convenience. Such Third-Party Services are not under the control of Massive and may be "open" applications for which no recourse is possible. Massive does not review, approve, monitor, prepare, edit, endorse or warrant Third-Party Services or their associated products or services, and makes no representations about them. Massive does not guarantee their accuracy, timeliness, completeness or usefulness. Massive is not responsible or liable for any Third-Party Services or for any content, advertising, products or other materials on or available from them. You use all links in Third-Party Services at your own risk.
Third-Party Services include AI tools, agents, hosting providers and other services you choose to connect to the Services or use with Information. If you use one with Information, it may process the Information only on your behalf and within your rights under the Agreement. You are responsible for the services you connect and the permissions you give them, and you may not let them use Information for their own purposes or make it available to anyone else. We are not responsible for their outputs or actions, so review them before you rely on them.
8. Term and Termination
8.1 Term
The "Term" of the Agreement will begin on the date that you first accept these Terms, whether or not you create an account and continue until the Agreement is terminated as set forth herein. If you purchase a Paid Subscription Service, your subscription term may vary as a continuous monthly or annual term ("Subscription Term(s)"), as described in the applicable Order Form in the course of purchasing the Paid Subscription Service. Your subscription to a Paid Subscription Service will auto-renew for additional Subscription Terms until your subscription is canceled by you, downgraded to a Free Service, or suspended, downgraded, or terminated by us.
8.2 Termination of the Agreement
The Agreement continues until terminated. You may stop using the Services at any time. You may terminate the Agreement by closing your account in your account settings or, if that option is not available to you, by contacting support@massive.com. If you use the Services without an account, the Agreement ends when you stop using them. Closing your account cancels any Paid Subscription Service and ends your access when the account closes. Canceling or downgrading a subscription does not terminate the Agreement or close your account. We may terminate the Agreement for any reason on thirty (30) days' notice, or immediately if you breach the Agreement or fail to pay Fees when due. We may also remove, change, suspend, downgrade or disable access to all or any part of the Services at any time, for any reason, without notice. For Services we offer without an account, we may stop accepting requests at any time, without affecting completed purchases, and we may give any notice under the Agreement by posting it in the Documentation or the request interface.
8.3 Termination of a Paid Subscription Service
You may cancel a Paid Subscription Service at any time through your account settings or by contacting support@massive.com. Cancellation stops future renewal charges and takes effect at the end of your current Subscription Term, and your paid access continues until then. Fees already paid are non-refundable, and we do not prorate a canceled Subscription Term, except as stated in Sections 4.1 and 8.4 or where required by law. Canceling a subscription does not cancel separately authorized usage purchases or refund completed per-request purchases. We may offer refunds, discounts or other credits ("Credits") at our discretion, and offering Credits once does not oblige us to offer them again.
8.4 Effect of Termination
When the Agreement or a Service ends, your right to access the affected Services ends and you must stop using them. Section 8 of the Market Data Terms of Service explains what happens to Information you have downloaded. If we terminate the Agreement for convenience, or discontinue, downgrade or disable a Paid Subscription Service before the end of a period you have paid for other than because of your suspected breach or breach of the Agreement or non-payment, we will refund the prepaid Fees for the unused portion. Otherwise, we will not be liable to you or anyone else for compensation, reimbursement or damages because of any termination or suspension. Termination does not affect rights or obligations that arose before it, including your obligation to pay Fees already incurred. Sections 5, 7, 8.4, 10, 11, 12, 13 and 15 of these Terms, and Sections 5, 6, 8 and 9 of the Market Data Terms of Service, survive termination.
9. Modifications
We may change the Services and the Information available through them at any time and for any reason, including by adding, changing or removing features, datasets or methods of access. Beta and experimental features are provided as is and may change or end at any time. We may revise these Terms and the other parts of the Agreement at any time by posting the revised version. A revision takes effect when posted unless it states a later date. We may, but need not, notify you of a revision, except where the law requires notice or consent. If you keep using the Services after a revision takes effect, you accept it. If you do not agree, you must stop using the Services and may cancel your subscription.
10. Privacy Policy
Please refer to our Privacy Policy, as updated from time to time, for information about how we collect, use, and share your information. By using and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
11. Disclaimers
YOUR ACCESS TO AND USE OF THE SERVICES AND INFORMATION IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND MASSIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT THERETO. MASSIVE DISCLAIMS ALL IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND DOES NOT REPRESENT OR WARRANT: (A) THAT THE SERVICES AND INFORMATION WILL MEET YOUR SPECIFIC REQUIREMENTS OR ARE TIMELY, CORRECT, ADEQUATE, ACCURATE, OR COMPLETE; OR (B) THE AVAILABILITY OF THE SERVICES AND INFORMATION OR THAT YOUR USE OF THE SERVICES AND INFORMATION WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOUR USE OR RELIANCE ON THE SERVICES AND INFORMATION IS SOLELY WITHIN YOUR DISCRETION AND AT YOUR RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. IT IS EXPRESSLY UNDERSTOOD THAT THE SERVICES AND INFORMATION ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT, OR ACCOUNTING ADVICE, NOR SHOULD THE SERVICES AND INFORMATION BE CONSTRUED AS A RECOMMENDATION, AN OFFER TO BUY OR SELL, OR THE SOLICITATION OF AN OFFER TO BUY OR SELL ANY SECURITY, FINANCIAL PRODUCT, OR INSTRUMENT OR TO PARTICIPATE IN ANY TRADING STRATEGY. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY, OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE. YOU SHOULD CONSULT YOUR LEGAL OR TAX PROFESSIONAL REGARDING YOUR SPECIFIC SITUATION. NO DETERMINATION OF YOUR SUITABILITY FOR OR THE APPROPRIATENESS OF ANY SERVICES OR INFORMATION PROVIDED BY MASSIVE HAS BEEN MADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. Indemnification
To the extent permitted by applicable law, you will indemnify and hold harmless Massive, its affiliates and licensors, including Third Party Providers, and their respective officers, directors, employees and agents (the "Massive Parties"), from and against all claims, damages, losses, liabilities, judgments, fines, penalties, settlements, costs and expenses, including reasonable attorneys' fees ("Claims"), arising out of or related to: (a) your access to or use of the Services or Information; (b) any activity under your account or Credentials; (c) your violation of the Agreement, including the Additional Terms; (d) your violation of any law, rule or regulation; or (e) your violation of any third party's rights. We may control the defense of any Claim at your expense, and you will cooperate as we reasonably request. You may not settle a Claim without our prior written consent.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE MASSIVE PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, GOODWILL, USE OR DATA, OR TRADING OR INVESTMENT LOSSES, ARISING OUT OF OR RELATED TO THE AGREEMENT, THE SERVICES, THE INFORMATION OR ANY THIRD-PARTY SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE AND ANY LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICES.
TO THE EXTENT NOT ALREADY EXCLUDED, THE MAXIMUM AGGREGATE LIABILITY OF THE MASSIVE PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE SERVICES OR THE INFORMATION WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THIS SECTION 13 DOES NOT LIMIT REFUNDS THE AGREEMENT OR APPLICABLE LAW REQUIRES.
NOTHING IN THE AGREEMENT EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING, WHERE APPLICABLE LAW SO PROVIDES, LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE. THE DISCLAIMERS, EXCLUSIONS AND CAP IN THE AGREEMENT APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Contact Us
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us via our support chat on our website, by email at support@massive.com, or by filling out this form.
15. Miscellaneous
15.1 Governing Law; Arbitration
The Agreement is governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules, and the Federal Arbitration Act governs this Section 15.1. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MASSIVE AND LIMITS HOW YOU CAN SEEK RELIEF. You and Massive agree to arbitrate any dispute arising out of or relating to the Agreement, the Services or the Information, except that either party may bring an individual action in small-claims court or seek relief in court for infringement or misappropriation of intellectual property rights. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. Before starting arbitration, you or Massive must send the other written notice of the dispute, and notices to Massive go to legal@massive.com with the subject "Legal dispute." The parties will then attempt to resolve it informally for thirty (30) days. Arbitration will be conducted confidentially by a single arbitrator under the rules of JAMS, in Atlanta, Georgia, or by videoconference. The arbitrator decides all disputes about the scope and enforceability of this Section 15.1 and may grant any individual remedy a court could grant. Whether a dispute is heard in arbitration or in court, you and Massive will not bring a class, collective or representative action or arbitration against the other. If that waiver is unenforceable for a claim, that claim will be severed and decided in court after the arbitrable claims are resolved. The state and federal courts in Atlanta, Georgia have exclusive jurisdiction over any suit not subject to arbitration and over any proceeding to confirm or challenge an award. A revision to this Section 15.1 does not apply to a dispute that arose before the revision took effect. If you are a consumer habitually resident outside the United States, this Section 15.1 applies only to the extent the law of your country of residence permits.
15.2 Entire Agreement; Order of Precedence
The Agreement contains the entire agreement between you and Massive and supersedes all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with us, unless terms of lower precedence expressly state to the contrary, the order of precedence is: (a) the terms of the Order Form, (b) any Additional Terms, (c) these Terms, and (d) all terms incorporated by reference into these Terms. A third-party subscriber agreement controls conflicts concerning that provider's Information as specified in the Market Data Terms.
15.3 Assignment
The Agreement is binding upon and inures to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate, or otherwise convey the Agreement or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in the Agreement, we may assign, transfer, or delegate the Agreement and our obligations hereunder at any time, in our sole discretion.
15.4 Severability
The Agreement will be enforced to the fullest extent permitted under applicable law. If any provision of the Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement will remain in effect.
15.5 Waiver
No failure or delay by either party in exercising any right under the Agreement will constitute a waiver of that right. No waiver under the Agreement will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
15.6 Force Majeure
We are not responsible or liable to you, and are not in default or breach of the Agreement, for any failure or delay in performing our obligations caused by events beyond our reasonable control. Those events include failures, interruptions or delays of Third Party Providers and other third-party vendors; utility, communications or internet failures or slow-downs; denial-of-service and other cyberattacks; failures by a third-party hosting provider; and strikes, shortages, riots, fires, floods, acts of God, war, terrorism and governmental action.
15.7 Relationship of the Parties; No Third-Party Beneficiaries
The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Unless required by a Third Party Provider, there are no third-party beneficiaries to the Agreement. To the extent required by a Third Party Provider, you acknowledge and agree that the applicable Third Party Provider is a third-party beneficiary of the Agreement, is entitled to the rights and benefits hereunder, and may enforce the provisions of the Agreement directly against you as if it were a party hereto.
15.8 Equitable Relief
You acknowledge and agree that your breach of the Agreement would cause irreparable harm to us, for which monetary damages alone may not be adequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agree that we may seek injunctive relief, subject to the applicable legal standard and Section 15.1, to prevent the actual, threatened, or continued breach of the Agreement.