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Terms of Service

 

BY SUBSCRIBING TO, OR ACCESSING OR USING, THE PEAKSTOCKMARKET.COM WEBSITE OR ANY OF THE PSM PRO SERVICES, YOU AGREE TO COMPLY WITH THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT ACCESS THE WEBSITE OR OTHERWISE USE ANY PSM PRO SERVICES.

THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST FUTURE WEALTH PTY LTD TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION PROVISION, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FUTURE WEALTH PTY LTD ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

  1. User’s Acknowledgment and Acceptance of Terms

1.1 Agreement. Future Wealth Pty Ltd, an Australian corporation operating under business name PSM Pro (referred to as “PSM Pro”, “we”, “us”, “Company” or similar terms) provides Users (as defined below) with access to www.peakstockmarket.com (the “Website”), which provides financial news, market data, stock market coverage, and various financial analysis tools including PeakPro, an AI-powered stock research tool. The Website and all related services are provided subject to User’s compliance with all terms, conditions, policies and notices contained or referenced herein (these “Terms of Service”), as well as any other written agreement between Future Wealth Pty Ltd and a particular User.

1.2 Effective Date and Modifications. These Terms of Service are effective as of the date that you first visit the Website or otherwise first access the Services. Future Wealth Pty Ltd reserves the right to change these Terms of Service from time to time without notice to Users, and any modifications or changes shall be effective upon posting. User’s continued use of the Services after such modifications will constitute acknowledgment and agreement to the modified Terms of Service.

1.3 No Corporate Use. The Services are only intended for Users acting in their individual capacity. We do not permit Users to enter into these Terms of Service on behalf of a company or other legal entity or business without our express written permission. Users that access or use the Services in violation of this section shall be fully responsible and liable for all damages and claims arising therefrom.

1.4 Use At Your Own Risk. The Website and PeakPro tools are software and informational-based services that provide financial information and facilitate investment-related research. Future Wealth Pty Ltd and its affiliates are not themselves financial advisors and do not provide investment advice or recommendations. The Services and Content are provided for informational purposes only and should not be relied upon for investment, financial, tax, or legal advice. The services are not intended to be a substitute for professional services, and we expressly disclaim any warranty or representation that the content or information provided may be compliant with applicable industry, regulatory, or legal standards.

YOU ARE SOLELY AND FULLY RESPONSIBLE AND LIABLE for your investment decisions and tax or financial consequences. We do not recommend or endorse any specific investment strategies or investment products or securities that may be mentioned on the Website. Reliance on any Content or information provided is solely at your own risk. THE DATA AND INFORMATION ACCESSED BY USER SHOULD NOT BE CONSTRUED AS A RECOMMENDATION to buy, sell or hold any investment or security or make any other investment decisions.

  1. Definitions

The following terms shall have the following meanings:

“Affiliates” means Future Wealth Pty Ltd’s owners, officers, directors, affiliated companies, suppliers, partners, sponsors, data providers, and agents and representatives.

“Content” means any content, material, information, data, articles, posts, communications, software, photos, video, graphics, and other material and services that can be viewed by Users on the Website but excludes User Material.

“Services” means (i) the Website, (ii) all Content, (iii) any specific service or offering provided by Future Wealth Pty Ltd via the Website, including PeakPro features, (iv) any support services and related technologies, and (v) any other services or offerings that Future Wealth Pty Ltd may provide from time to time.

“User” or “you” or “your” means any person or entity that visits, views, uses or accesses any portion of the Website or any of the Services.

“User Material” means any content, material, information, data, or communications that a User may provide to the Service.

  1. Services and Subscription

3.1 Access and Use: Subject to these Terms of Service, Future Wealth Pty Ltd grants you a limited, non-exclusive, non-transferable right to access and use the Website and Services solely for your personal use (subject to any particular access plan you have selected).

3.2 PeakPro Subscription: Access to certain features requires a paid subscription to PeakPro. We will notify you of any fees associated with the Services, as well as any additional terms that might apply, so that you may choose whether to purchase or subscribe.

3.3 Payment Terms: Valid payment information is required for paying accounts and Services will be billed in advance in accordance with the applicable pricing schedule. Future Wealth Pty Ltd does not offer refunds unless required by law. The service is billed in advance on a monthly basis. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.

3.4 Recurring Billing: All billing is recurring, which means you will continue to get billed until you cancel your subscription. You are solely responsible for properly canceling your subscription. An email request asking for your subscription to be canceled is not considered cancellation. You may cancel your subscription at any time through your account settings.

3.5 Data and Third-Party Services: We may use third-party providers to store, manage, and authenticate accounts and content, and to provide necessary hardware, software, networking, storage, and related technology required to run the Services. We are not responsible for possible issues caused by third-party faults or discontinued services.

  1. User Requirements and Restrictions

4.1 Accuracy and Security. User agrees to: (i) provide true, accurate, current and complete information as prompted by registration forms and (ii) maintain and update such information to keep it accurate, current, and complete. You agree to keep your account information secure and not share it with any third party.

4.2 Prohibited Activities. While using Services, you agree not to:

  • Violate any laws or third-party rights
  • Use our Services if you are not able to form legally binding contracts
  • Manipulate the Website or interfere with other users
  • Provide false, inaccurate, or misleading information
  • Create any competitive service based on our content or business
  • Distribute viruses or harmful technologies
  • Copy, modify, or distribute rights or content from the Website
  • Harvest information about users without consent
  • Violate intellectual property rights

4.3 Age Requirement. User must be 18 years of age or older to use any of the Services. By using the Services, User represents and warrants that they are 18 or older and have the right, authority, and capacity to agree to these Terms of Service.

  1. Data and Privacy

5.1 Privacy Policy. The information we obtain through your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service.

5.2 User Material. You are responsible for all User Material submitted to the Website and any activity under your account. You shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use your User Material.

5.3 License. User grants Future Wealth Pty Ltd any and all rights and licenses to: (i) access, use, process, display and manipulate any User Material as necessary to provide the Services; and (ii) use User information and User Material for its commercial and marketing purposes consistent with our Privacy Policy.

  1. Intellectual Property

6.1 Ownership. By accepting these Terms of Service, User acknowledges that the Website and Services are protected by copyrights, trademarks, service marks, patents, and other proprietary rights and laws, and are the sole property of Future Wealth Pty Ltd and/or its licensors.

6.2 Restrictions. Any unauthorized use of Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

  1. Disclaimer of Warranties

THE WEBSITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, FUTURE WEALTH PTY LTD MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE (D) THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED WILL MEET YOUR EXPECTATIONS

  1. Limitation of Liability

IN NO EVENT SHALL FUTURE WEALTH PTY LTD BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, TRADING LOSSES OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FUTURE WEALTH PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

  1. Indemnification

User agrees to defend, indemnify, and hold Future Wealth Pty Ltd and its Affiliates harmless from all liabilities, claims, costs and expenses, including attorney’s fees, that arise from: (i) User’s use of the Services; (ii) any breach of these Terms of Service; (iii) any violation of applicable law; (iv) any violation of intellectual property rights; and (v) any User Material provided to the Service.

  1. International Use

Although the Website and Services may be accessible worldwide, Future Wealth Pty Ltd makes no representation that use of the Services is appropriate or available for use in locations outside Australia. Users who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

  1. Arbitration Agreement

11.1 Agreement to Arbitrate. Any disputes or claims between User and Future Wealth Pty Ltd shall be resolved exclusively through final and binding arbitration, rather than a court, except that User may assert individual claims in small claims court, if claims qualify.

11.2 Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Rules. The arbitration shall take place in Sydney, New South Wales, Australia.

11.3 Class Action Waiver. User and Future Wealth Pty Ltd agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

  1. General Provisions

12.1 Governing Law. These Terms of Service shall be governed by the laws of New South Wales, Australia, without regard to principles of conflict of laws.

12.2 Assignment. User may not assign their rights and obligations under these Terms of Service to any third party. Future Wealth Pty Ltd may freely assign its rights and obligations.

12.3 Severability. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.

12.4 No Waiver. Any failure by Future Wealth Pty Ltd to enforce any provision of these Terms of Service shall not constitute a waiver of that right or provision.

  1. Contact Information

For questions about these Terms of Service, please contact us at:

Future Wealth Pty Ltd

Sydney, Australia

Email: support@peakstockmarket.com

Last Updated: February 6, 2025