Terms of Service

Terms of Service
Given Analytics, LLC — A Florida Limited Liability Company
Effective Date: April 4, 2026 | Last Updated: April 4, 2026

READ CAREFULLY BEFORE USING THIS SERVICE. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION, CLASS ACTION WAIVER, LIMITATION OF LIABILITY TO $1.00, FEE-SHIFTING PROVISIONS, AND SELF-SERVICE CANCELLATION REQUIREMENTS.

INTRODUCTION AND ACCEPTANCE

These Terms of Service ("Terms") are a binding legal agreement between you ("Subscriber," "you," or "your") and Given Analytics, LLC, a Florida limited liability company ("Given Analytics," "we," "us," or "our"), governing your access to and use of the Given Analytics website, application, content, and subscription services (collectively, the "Services").

BY CLICKING "I AGREE," CHECKING A BOX, CREATING AN ACCOUNT, OR ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY, INCLUDING THE MANDATORY ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND $1.00 LIABILITY CAP.

If you do not agree to these Terms in their entirety, you may not access or use the Services.

ELIGIBILITY

You must be at least 18 years of age and legally capable of entering into binding contracts to use the Services. If accepting on behalf of an entity, you warrant you have full authority to bind that entity, which will be jointly and severally liable for any breach.

DESCRIPTION OF SERVICES

Given Analytics provides subscription-based access to macroeconomic and market analytics that present historical mathematical observations about macroeconomic indicators and market data. This includes: daily and periodic briefings; environment classifications derived from quantitative analysis of publicly available data series; historical frequency data, base rates, and conditional patterns; interactive tools, charts, and visualizations based on historical data; and educational content including video, written, and audio commentary.

ALL CONTENT IS BASED ON HISTORICAL DATA AND MATHEMATICAL COMPUTATIONS. NOTHING IS A FORWARD-LOOKING PREDICTION OR INVESTMENT RECOMMENDATION OF ANY KIND.

WHAT THE SERVICES ARE NOT

4.1 Not Investment Advice

THE SERVICES ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES. THEY DO NOT CONSTITUTE INVESTMENT, TRADING, FINANCIAL, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE OF ANY KIND. We do not make any recommendation to buy, sell, or hold any security. We do not act as an investment adviser, broker-dealer, financial planner, or fiduciary in any capacity. Any use of the Services as a basis for investment decisions is entirely at your own risk.

4.2 Not Predictions or Guarantees

WE MAKE NO WARRANTY THAT USE OF THE SERVICES WILL RESULT IN ANY PARTICULAR OUTCOMES, PROFITS, PERFORMANCE, OR RESULTS. All content reflects historical observations and model outputs, not predictions of future events. Past patterns do not guarantee future outcomes. You may lose some or all of your invested capital. Given Analytics bears no responsibility whatsoever for any financial loss you incur.

4.3 Historical and Hypothetical Limitations

ANY PERFORMANCE FIGURES, SCENARIOS, BACKTESTS, OR STATISTICAL FREQUENCIES PRESENTED ARE HISTORICAL OR HYPOTHETICAL AND PROVIDED SOLELY FOR ILLUSTRATION. HYPOTHETICAL RESULTS ARE NOT INDICATIVE OF FUTURE PERFORMANCE.

SUBSCRIPTION, PAYMENT, AND BILLING

5.1 Subscription Plans

We offer subscription-based access as described on our website at the time of purchase. Features, pricing, and availability are subject to change at our sole discretion.

5.2 Fees and Payment

By subscribing, you agree to pay all applicable fees. All fees are in U.S. dollars. Payment is processed through Stripe, Inc. You authorize us to charge your designated payment method for all fees owed.

5.3 Automatic Renewal

UNLESS YOU CANCEL BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD THROUGH THE SELF-SERVICE PORTAL, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED AUTOMATICALLY. YOU ARE SOLELY RESPONSIBLE FOR MANAGING AND CANCELLING YOUR SUBSCRIPTION BEFORE RENEWAL.

5.4 Price Changes

We reserve the right to change subscription fees at any time with reasonable advance notice. Continued use after a fee increase constitutes acceptance of the new fees.

5.5 No Refunds — Strictly Enforced

ALL SUBSCRIPTION FEES ARE STRICTLY NON-REFUNDABLE UNDER ALL CIRCUMSTANCES EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW. NO REFUNDS OR CREDITS WILL BE ISSUED FOR ANY REASON, INCLUDING PARTIAL SUBSCRIPTION PERIODS, DISSATISFACTION WITH CONTENT, MARKET LOSSES, UNUSED CONTENT, OR EARLY CANCELLATION. BY SUBSCRIBING, YOU EXPRESSLY WAIVE ANY RIGHT TO SEEK A REFUND EXCEPT AS REQUIRED BY FLORIDA LAW.

5.6 Chargebacks and Disputed Charges

If you initiate a chargeback or payment dispute that Given Analytics determines to be without merit, you agree to pay Given Analytics a processing fee of $150.00 per disputed transaction, plus all costs and attorneys’ fees incurred in contesting the chargeback. Initiating a fraudulent or meritless chargeback is a material breach of these Terms and grounds for immediate termination without refund.

5.7 Self-Service Cancellation Only

SELF-SERVICE CANCELLATION ONLY. You may cancel your subscription exclusively through your account settings at givenanalytics.com using the self-service member portal. Given Analytics does not accept cancellation requests submitted by email, telephone, postal mail, chat, social media, or any other means. Any cancellation request submitted outside the self-service portal is invalid and will not be processed. You are solely responsible for managing and cancelling your subscription through the self-service portal before your renewal date. Cancellation takes effect at the end of your current paid billing period. No refunds will be issued for remaining days in the billing period.

5.8 Free Trial — 7 Days

We may offer a 7-day free trial at our discretion. YOU MUST CANCEL BEFORE THE END OF THE 7-DAY TRIAL PERIOD TO AVOID BEING CHARGED. If you do not cancel before the trial expires, you will be automatically charged the standard monthly subscription fee. You are solely responsible for tracking your trial expiration date and cancelling through the self-service portal before the trial ends. No refunds will be issued if you fail to cancel before the trial expires.

USER ACCOUNTS AND SECURITY

Each subscription is for a single individual user only. You may not share your account, credentials, or access with any other person. Any sharing of account access is a material breach of these Terms, grounds for immediate termination without refund, and entitles Given Analytics to liquidated damages of $2,500.00 per unauthorized user per month of unauthorized use. You are solely responsible for all activity that occurs under your account.

PROHIBITED CONDUCT AND LIQUIDATED DAMAGES

7.1 Prohibited Conduct

You agree not to: use the Services for any unlawful purpose; use the Services to provide investment advice to any third party; reproduce, distribute, or publicly display any content; share, forward, or redistribute any content to any unauthorized person; use automated tools to access the Services; resell, sublicense, or commercially exploit the Services; or use the Services to make any investment or trading decision on behalf of any third party.

7.2 Liquidated Damages for Misuse

FOR EACH VIOLATION INVOLVING UNAUTHORIZED SHARING, REDISTRIBUTION, OR COMMERCIAL USE OF CONTENT, YOU SHALL PAY GIVEN ANALYTICS LIQUIDATED DAMAGES OF $5,000.00 PER INCIDENT. FOR VIOLATIONS INVOLVING UNAUTHORIZED ACCOUNT SHARING, YOU SHALL PAY $2,500.00 PER UNAUTHORIZED USER PER MONTH. Given Analytics reserves the right to seek actual damages if actual damages exceed the liquidated amount.

INTELLECTUAL PROPERTY

All Services and content are owned exclusively by Given Analytics and protected by U.S. and international intellectual property laws. Any unauthorized use constitutes infringement and entitles Given Analytics to seek all available remedies including injunctive relief without bond and statutory copyright damages where applicable.

NON-RELIANCE AND ENTIRE AGREEMENT

YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE NOT RELYING ON ANY STATEMENT, REPRESENTATION, WARRANTY, FORECAST, PROJECTION, PROMISE, OR COMMUNICATION OF ANY KIND MADE BY GIVEN ANALYTICS EXCEPT FOR THOSE EXPRESSLY SET OUT IN THESE TERMS. These Terms constitute the entire agreement between you and Given Analytics and supersede all prior communications, representations, and agreements.

DISCLAIMERS OF WARRANTY

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA AND APPLICABLE LAW, GIVEN ANALYTICS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR RELIABILITY.

LIMITATION OF LIABILITY — MAXIMUM PROTECTION

11.1 Exclusion of All Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIVEN ANALYTICS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING ANY LOSS OF PROFITS, INVESTMENT LOSSES, OR TRADING LOSSES OF ANY KIND, UNDER ANY THEORY OF LIABILITY.

11.2 Strict Cap — One Dollar

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF GIVEN ANALYTICS PARTIES FOR ANY AND ALL CLAIMS WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID IN THE ONE MONTH PRECEDING THE CLAIM, OR (B) ONE DOLLAR ($1.00). This one-dollar cap reflects the parties’ allocation of risk and is an essential element of the basis of the bargain.

11.3 Zero Liability for Investment and Trading Losses

GIVEN ANALYTICS PARTIES SHALL HAVE ZERO LIABILITY WHATSOEVER FOR ANY INVESTMENT LOSSES, TRADING LOSSES, OR FINANCIAL LOSSES ARISING FROM ANY INVESTMENT OR TRADING DECISION YOU MAKE, REGARDLESS OF WHETHER SUCH DECISION WAS INFLUENCED BY ANY CONTENT OR OUTPUT OF THE SERVICES. YOUR INVESTMENT AND TRADING DECISIONS ARE ENTIRELY YOUR OWN RESPONSIBILITY.

INDEMNIFICATION

YOU AGREE TO FULLY INDEMNIFY, DEFEND (WITH COUNSEL ACCEPTABLE TO GIVEN ANALYTICS), AND HOLD HARMLESS THE GIVEN ANALYTICS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO: your use of the Services; your violation of these Terms; any investment or trading decision you make; any chargeback or payment dispute you initiate; or any misrepresentation you make in connection with your subscription.

TERMINATION

Given Analytics reserves the right to suspend or terminate your access immediately and without notice for any violation of these Terms, any chargeback, any unauthorized sharing of content, or any conduct Given Analytics determines to be harmful. Termination does not affect your obligation to pay all amounts owed including liquidated damages and attorneys’ fees.

GOVERNING LAW, VENUE, AND ATTORNEYS’ FEES

14.1 Governing Law

THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO CONFLICT-OF-LAWS PRINCIPLES.

14.2 Venue

Exclusive jurisdiction and venue for all non-arbitrable disputes shall be the state and federal courts located in Miami-Dade County, Florida.

14.3 Attorneys’ Fees — Fee-Shifting

IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEYS’ FEES, EXPERT FEES, AND ALL COSTS FROM THE NON-PREVAILING PARTY. If you bring any claim against Given Analytics that is dismissed or decided in Given Analytics’ favor, or settled for less than 50% of the amount you claimed, you agree to pay Given Analytics’ full attorneys’ fees and costs. Pursuant to Florida Statute Section 57.105, Given Analytics reserves the right to seek sanctions against any party who files a claim not supported by material facts and applicable law.

14.4 Injunctive Relief

Given Analytics is entitled to seek immediate injunctive and other equitable relief from any court of competent jurisdiction without posting bond for any breach of Sections 7 or 8.

MANDATORY INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER

YOU AND GIVEN ANALYTICS AGREE THAT ALL DISPUTES WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION UNDER THE AAA CONSUMER ARBITRATION RULES, RATHER THAN IN COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.

YOU AND GIVEN ANALYTICS EXPRESSLY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL ARBITRATION SHALL BE ON AN INDIVIDUAL BASIS ONLY.

All arbitration proceedings shall be conducted in Miami-Dade County, Florida, or by videoconference at Given Analytics’ election. This arbitration agreement survives termination of these Terms.

GENERAL PROVISIONS

If any provision is found invalid or unenforceable, the remaining provisions remain in full force. Given Analytics may freely assign these Terms without your consent. These Terms are governed by Florida law including the Florida Arbitration Code (Chapter 682) and Florida’s fee-shifting statute (Section 57.105).

CONTACT INFORMATION

Given Analytics, LLC — A Florida Limited Liability Company
Website: www.givenanalytics.com

ACKNOWLEDGMENT

BY USING THIS SERVICE YOU ACKNOWLEDGE THAT: YOU HAVE READ AND UNDERSTOOD THESE TERMS; YOU AGREE TO MANDATORY ARBITRATION AND CLASS ACTION WAIVER; GIVEN ANALYTICS HAS ZERO LIABILITY FOR YOUR INVESTMENT OR TRADING LOSSES; YOUR MAXIMUM RECOVERY AGAINST GIVEN ANALYTICS IS LIMITED TO ONE DOLLAR ($1.00); IF YOU SUE GIVEN ANALYTICS AND LOSE, YOU WILL PAY GIVEN ANALYTICS’ ATTORNEYS’ FEES AND COSTS; UNAUTHORIZED SHARING OF CONTENT SUBJECTS YOU TO $5,000 LIQUIDATED DAMAGES PER INCIDENT; AND CANCELLATION IS SELF-SERVICE ONLY THROUGH YOUR ACCOUNT PORTAL.