1. What the Service Is — and What It Is Not
1.1 Description
The Service is a hosted software tool that allows a User to:
- view and track price and related market information concerning First Majestic Silver Corp. common stock (ticker symbol AG, and any successor or related listing we choose to support);
- define and store User-created variables, thresholds, conditions, and event triggers that the User configures to help the User observe price and related data;
- enter, store, and review the User’s own trade information (for example, purchase price, quantity, dates, notes) and maintain a personal trade journal; and
- access account, billing, and support features associated with a monthly hosted subscription.
We may add, change, or remove features. We do not promise that any particular feature will remain available.
1.2 Not investment advice; not a recommendation engine
The Service is an informational and organizational tool only. The Service is not:
- investment advice, financial advice, trading advice, tax advice, legal advice, or any other professional advice;
- a buy or sell recommendation, a “signal,” a rating, a target price, or an endorsement of any security, strategy, or timing;
- an offer, solicitation, or recommendation to buy, sell, or hold any security;
- a broker-dealer, exchange, ATS, introducing broker, or order-routing or trade-execution platform;
- a registered investment adviser, commodity trading advisor, or fiduciary;
- a custodian of cash, securities, or other assets; or
- affiliated with, sponsored by, or endorsed by First Majestic Silver Corp. or any exchange.
User-configured variables and event triggers are created by you. Any alert, flag, highlight, calculation, chart, journal statistic, or similar output is a reflection of your inputs, third-party market data, and software logic. It is not a recommendation that you buy, sell, hold, or refrain from trading. You alone decide whether, when, and how to trade. You should consider consulting a licensed investment, tax, and legal professional. Trading securities, including AG, involves a substantial risk of loss, including loss of principal. Past price movement is not a reliable indicator of future results.
1.3 No client, advisory, or fiduciary relationship
Use of the Service does not create an adviser-client, broker-customer, fiduciary, confidential, or professional relationship with the Company or any of its members, managers, officers, employees, or contractors.
1.4 No affiliation with the issuer
“AG,” “First Majestic,” and related names and marks belong to their respective owners. The Service is an independent software product. We do not speak for the issuer, do not distribute official issuer materials as an agent of the issuer, and do not claim any partnership or endorsement.
2. Eligibility and Accounts
2.1 Age and capacity
You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and legally able to enter a contract. The Service is not directed to children.
2.2 Geographic and legal responsibility
You are solely responsible for determining whether your use of the Service is lawful where you live and trade. We may refuse, limit, or terminate access in any jurisdiction.
2.3 Account registration
You must provide accurate information and keep it current. You are responsible for all activity under your account and for safeguarding credentials. Notify us promptly at james@reclaimvector.com if you suspect unauthorized access.
2.4 One user per account
Unless we agree otherwise in writing, each account is for a single natural person. You may not share logins or resell access.
3. Subscriptions, Fees, and Taxes
3.1 Hosted monthly subscription
Access to paid features is provided as a software-as-a-service subscription, billed in advance on a recurring monthly cycle unless a different plan is shown at checkout.
3.2 Fees
Fees, plan features, and billing intervals are presented at the time of purchase and may change prospectively. We will try to provide reasonable notice of price changes, including by email or in-product notice. Continued use after a price change takes effect constitutes acceptance of the new price, except where applicable law requires otherwise.
3.3 Payment processing
Subscription fees may be invoiced manually or collected through self-serve checkout when available. When payment processing through checkout is enabled, payments may be processed by Stripe (or another processor we designate). We do not store full payment-card numbers on our servers. You authorize us and any applicable processor to charge your payment method for subscription fees, taxes, and any other amounts you agree to pay. Failed payments may result in suspension or termination.
3.4 Auto-renewal
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date through account settings or by emailing james@reclaimvector.com. You will continue to have access through the end of the then-current paid period.
3.5 Cancellation
You may cancel at any time. Cancellation stops future renewals. It does not, by itself, entitle you to a refund of fees already paid, except as stated in Section 3.6 or required by law.
3.6 Refunds
If you cancel within 14 days of the first paid charge on a new account and have not made more than de minimis use of paid features, we may issue a refund of that first charge in our discretion. Renewals are non-refundable.
3.7 Taxes
Fees are exclusive of taxes unless stated otherwise. You are responsible for applicable taxes other than taxes on our net income.
3.8 Trials and promotions
If we offer a trial or discount, we may require a payment method and will charge when the trial ends unless you cancel first. We may modify or end promotions at any time.
4. License and Acceptable Use
4.1 Limited license
Subject to these Terms and timely payment, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your personal, lawful purposes during your paid or otherwise authorized subscription term.
4.2 Restrictions
You will not:
- copy, modify, reverse engineer, decompile, or create derivative works of the Service except to the limited extent applicable law prohibits this restriction;
- scrape, harvest, or systematically extract market data, content, or user information except through documented features we provide to you for your own account;
- resell, rent, lease, or provide the Service to third parties, or use it to operate a competing product;
- bypass technical limits, probe for vulnerabilities without our written permission, or introduce malware;
- use the Service to manipulate markets, disseminate false information, or violate securities, commodities, or market-abuse laws;
- upload unlawful, infringing, or harmful content;
- misrepresent the Service as producing investment recommendations or as being affiliated with the issuer or any exchange; or
- use the Service if you are a competitor accessing it for benchmarking or product development without our prior written consent.
4.3 Export and sanctions
You represent that you are not located in a comprehensively sanctioned jurisdiction and are not a denied or restricted party under U.S. or other applicable sanctions or export laws.
5. User Content and Trade Journal Data
5.1 Your content
“User Content” means information you submit to the Service, including account profile information, notes, journal entries, trade details you enter (such as price, quantity, dates, and comments), trigger settings, and uploaded files. You retain whatever ownership rights you have in User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, display, back up, and otherwise use User Content solely to provide, maintain, secure, and improve the Service, to communicate with you, and to comply with law.
5.2 Responsibility for User Content
You are solely responsible for User Content, including its accuracy and legality. Journal and trade entries are self-reported. We do not verify trades against a broker, do not reconcile positions, and do not warrant that your journal reflects actual brokerage activity or tax lots.
5.3 No duty to monitor
We may, but have no obligation to, review User Content. We may remove or disable content or accounts that we reasonably believe violate these Terms or law.
5.4 Export and deletion
You may export or delete User Content through available account tools, or by requesting help at james@reclaimvector.com, subject to the Privacy Policy and legal retention needs (for example, billing records).
6. Market Data, Triggers, and Alerts
6.1 Third-party data
Price and related market information may come from exchanges, data vendors, public sources, or other third parties (“Market Data”). Market Data may be delayed (often by 15 minutes or more), incomplete, interrupted, or incorrect. Displayed prices may not equal the price available in the market when you trade. We do not guarantee that Market Data is accurate, complete, current, or suitable for trading. Do not use the Service as your sole or official source of prices for order placement. Confirm prices and quotes with your broker.
6.2 Vendor and exchange terms
Your use of Market Data is subject to any terms required by the applicable exchange or vendor. We may suspend Market Data if a vendor requires it or if licensing, cost, or technical issues arise.
6.3 Triggers and notifications
Event triggers fire only if the Service is operating, your settings are valid, and relevant data is received. We do not guarantee that any trigger, email, push notification, SMS, or in-app alert will be delivered, timely, or correct. Delivery can fail because of device settings, spam filters, outages, or data gaps. A trigger is not an instruction to trade and is not a recommendation.
6.4 No execution
The Service does not place, route, cancel, or settle orders and does not connect to your brokerage account unless we later add an integration that you separately enable and that is described in updated terms. Even then, you remain solely responsible for orders at your broker.
7. Intellectual Property
The Service, including software, UI, text, graphics, logos, and documentation, is owned by the Company or its licensors and is protected by intellectual property laws. These Terms do not transfer ownership to you. Feedback you send us may be used by us without restriction or compensation.
8. Third-Party Services
The Service may link to or rely on third parties (hosting, payments, email, analytics, Market Data). We are not responsible for third-party terms, privacy practices, or outages. Your use of third-party services is at your risk and may be subject to their agreements.
9. Privacy
Our collection and use of personal information is described in the Privacy Policy. If there is a conflict about data practices, the Privacy Policy controls for that subject; these Terms control for access rights, fees, and allocation of risk.
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL MARKET DATA, OUTPUTS, ALERTS, CALCULATIONS, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
- use of the Service will result in profits or avoid losses;
- any trigger or analysis will be correct or useful;
- Market Data will match exchange official prices or your broker’s quotes; or
- the Service will be available at any particular time, including during market hours or volatile sessions.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS. IN THOSE JURISDICTIONS, DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST TRADING GAINS, TRADING LOSSES, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
(b) WE WILL NOT BE LIABLE FOR DAMAGES ARISING FROM YOUR TRADING DECISIONS, YOUR RELIANCE ON MARKET DATA, TRIGGERS, JOURNALS, OR OUTPUTS, DELAYED OR MISSING ALERTS, THIRD-PARTY FAILURES, OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT CAUSED BY YOUR FAILURE TO PROTECT CREDENTIALS.
(c) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (ii) ONE HUNDRED U.S. DOLLARS (US $100).
THESE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY AND SURVIVE TERMINATION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THAT CASE THEY APPLY TO THE FULLEST EXTENT PERMITTED. You acknowledge that the Service is inexpensive relative to the risk of securities trading, and that these limitations are a reasonable allocation of risk and a basis of the bargain.
12. Indemnification
You will defend, indemnify, and hold harmless the Company and its members, managers, officers, employees, and agents from and against claims, damages, losses, and reasonable attorneys’ fees arising out of or related to: (a) your User Content; (b) your use of the Service, including any trades you place or do not place; (c) your violation of these Terms or law; or (d) your misuse of Market Data.
13. Suspension and Termination
We may suspend or terminate access immediately if you breach these Terms, if required by law or a vendor, if fees are unpaid, or if we discontinue the Service. You may stop using the Service and cancel as described in Section 3. Upon termination, your license ends. We may delete User Content after a reasonable period, subject to the Privacy Policy and legal retention. Sections that by their nature should survive (including 1.2–1.4, 5.2, 6, 7, 10–12, 14–17) will survive. If we discontinue the Service permanently, we may, but are not obligated to, provide a pro-rata refund of prepaid unused fees unless law requires otherwise.
14. Changes to the Service and to These Terms
We may modify the Service and these Terms. For material changes to the Terms, we will provide notice by email, in-product message, or posting a new effective date. Continued use after the effective date constitutes acceptance, except where law requires additional consent. If you do not agree, cancel and stop using the Service.
15. Governing Law and Disputes
15.1 Governing law
These Terms are governed by the laws of the State of Massachusetts, excluding conflict-of-law rules, and by applicable U.S. federal law.
15.2 Informal resolution
Before filing a claim, you agree to email james@reclaimvector.com and try in good faith to resolve the dispute for 30 days.
15.3 Venue / arbitration
Exclusive venue in state or federal courts located in Massachusetts, except that either party may seek injunctive relief in any court of competent jurisdiction. Class actions and class arbitrations are waived to the extent permitted by law. You may opt out of arbitration within 30 days of first accepting these Terms by emailing us. Small-claims court remains available. Each party waives a jury trial to the extent permitted by law.
15.4 Injunctive relief
Unauthorized use of the Service or our IP may cause irreparable harm. We may seek injunctive relief without posting a bond beyond what a court requires.
16. Miscellaneous
- Entire agreement. These Terms and the Privacy Policy are the entire agreement and supersede prior understandings on this subject.
- Severability. If a provision is unenforceable, the rest remains in effect.
- No waiver. Failure to enforce a provision is not a waiver.
- Assignment. You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger, reorganization, or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
- Notices. We may notice you via the Service, the email on your account, or posting. Legal notices to us: james@reclaimvector.com.
- No third-party beneficiaries, except indemnified parties.
- Headings are for convenience only.
- Government users. The Service is commercial computer software.
17. Contact
Reclaim Vector, LLC
10 Fisher Street, #5301, Foxboro, MA 02035
Email: james@reclaimvector.com
Website: https://www.reclaimvector.com