TERMS OF USE

Version 1.0, effective 10 November 2026

1. Overview

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING THE SERVICES, AS THEY CONSTITUTE A WRITTEN AGREEMENT BETWEEN YOU AND US AND THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

NOTICE REGARDING DISPUTE RESOLUTION AND WAIVER OF JURY TRIAL AND CLASS ACTIONS: THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND US HAVE AGAINST EACH OTHER ARISING OUT OF OR RELATING TO THE SERVICES ARE RESOLVED (SEE “DISPUTE RESOLUTION” SECTION 25 BELOW), INCLUDING OBLIGATIONS TO ARBITRATE CERTAIN DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION. THESE PROVISIONS INCLUDE EACH PARTY'S WAIVER OF THE RIGHT TO A JURY TRIAL AND RIGHT TO A CLASS ACTION.

These Terms Of Use, together with any documents these Terms of Use incorporate by reference (collectively, the “Terms”) govern your access and use of https://monflex.io/en (the “Website”) and all related websites, the Web App, the Mobile Apps, platforms and web-based services (the “Platform”), together with all features, applications, tools, content, downloads and other online services made available through them (collectively, the "Services"). The Website and the Platform are owned and developed by Monflex Operations Ltd., a company registered in Cyprus ("Monflex Operations") and, together with the Services, are distributed and made available to you in the United States by Monflex Technology Corp., a Delaware corporation (“Monflex”, “we”, “our”, or “us”) under the relevant agreement between Monflex and Monflex Operations.

Monflex Operations is not a party to these Terms and does not provide investment advice. Monflex is under common control with Monflex Operations, and is an investment adviser registered with the U.S. Securities and Exchange Commission (the "SEC") under the Investment Advisers Act of 1940 (“Advisers Act”). Registration with the SEC does not imply a certain level of skill or training and is not an endorsement by the SEC. Information about Monflex, including its Form ADV Part 2A (“Firm Brochure”) and Form CRS (Client Relationship Summary), is available on the SEC’s Investment Adviser Public Disclosure website at https://adviserinfo.sec.gov/firm/summary/344854. Investment advisory services offered through the Platform are provided solely by Monflex pursuant to a separate written investment advisory agreement entered into between you and Monflex (the “Investment Advisory Agreement”).

By using our Services, you (“you”, “your”, or the “Customer”) agree to be bound by these Terms, our Privacy Policy and our Subscription Policy, incorporated herein by reference (collectively, the "Agreement"). By accepting these Terms you acknowledge that you have read, understood, and agree to be legally bound by the Agreement. If you do not agree to these Terms, do not make access or use the Services and, when presented with the option to “agree” or “disagree” to these Terms by checking the box, do not check the box.

Creating an Account and purchasing a Subscription gives you access to the Platform. You may not receive personalized Signals, Bot matches or suggested position sizes, or view personalized Strategies, until you have completed onboarding, including the suitability questionnaire, and have accepted the Investment Advisory Agreement and acknowledged receipt of our Firm Brochure and Form CRS. In the event of any conflict or inconsistency between these Terms and the Investment Advisory Agreement with respect to the investment advisory services, the Investment Advisory Agreement prevails.

Subject to Section 28, we may update, modify, or replace any portion of these Terms or introduce new features, tools, or functionalities to the Services. All updates and additions automatically fall under the scope of these Terms. The latest version will always be accessible on this page. You are responsible for reviewing this page periodically for updates. Changes to the terms of the investment advisory relationship will be made only in accordance with the Investment Advisory Agreement and applicable law.

These Terms are originally drafted in English. Any non-English translations are provided solely for convenience. In the event of any conflict, ambiguity, or discrepancy between a translated version and the English version, the English text shall govern and prevail.

2. About us

Monflex Operations owns, develops and hosts the Website and the Platform and licenses them to Monflex. Monflex is the distributor of the Monflex product in the United States: it makes the Website, the Platform and the Services available to you, and provides billing and customer support. Monflex also provides all investment advice made available through the Platform and is the party to the Investment Advisory Agreement. Monflex is not a broker-dealer, bank, custodian, futures commission merchant, commodity trading advisor or money transmitter. It does not execute securities transactions and does not hold, receive or have custody of your funds or securities. Brokerage, execution, clearing and custody services are provided by the Available Broker, Alpaca Securities LLC (“Alpaca”), an unaffiliated SEC-registered broker-dealer and member of FINRA and SIPC that acts as qualified custodian and holds your securities and cash. For more details, please see Alpaca’s Form CRS, Disclosures and Agreements and Privacy Policy.

Clients using Monflex’s live-trading service must establish or connect an eligible account with Alpaca and cannot use another broker-dealer or custodian for the Monflex program, because our digital platform, account-opening process, model trading, and operational controls are integrated with Alpaca systems. You acknowledge that this requirement limits your ability to compare or obtain services, pricing, execution, or features available from other firms, and you may be able to obtain lower costs, different services, or more favorable execution elsewhere. Monflex does not receive research or brokerage products or services under a client commission or soft-dollar arrangement and does not select Alpaca in exchange for client referrals. Monflex does not receive sales commissions or other fees from Alpaca in exchange for brokerage or other business. Alpaca does not sponsor, endorse or recommend Monflex or any Strategy, unless we state otherwise in writing.

3. Investment Advisory Services; Non-discretionary Advice

Monflex provides investment advice to all of its clients exclusively through its Website and mobile applications, using models that generate advice from the personal information you provide through the Platform. We do not provide investment advice in person, by telephone, by e-mail, through chat or messaging services, or through any other channel. Monflex provides its live-trading advisory service on a non-discretionary basis. This means that: (a) you decide whether to accept or decline every proposed trade setup; (b) before an entry order is transmitted, you review and approve a proposed trade setup identifying the security, notional position size, proposed entry order, and applicable stop-loss and take-profit instructions; (c) after an approved entry order executes, Monflex may transmit an exit order only in accordance with the exit instructions you previously authorized; and (d) Monflex will not change the approved security, position size, or exit parameters or place an additional entry order without further authorization from you. Monflex does not accept discretionary authority to select and place a new entry trade in your Account without your approval and does not hold your assets.

You acknowledge that you are not assigned a human adviser to provide individualized recommendations and understand that Monflex does not manually tailor advice for a particular client. Our infrastructure team monitors the operation of the Platform, model outputs, data feeds, trade exceptions, and vendor performance. Customer support, onboarding assistance, educational content and general communications are not investment advice. No communication by us, through the Platform or any other medium, should be construed as tax, accounting, legal, regulatory or compliance advice. Monflex is a fiduciary under the Advisers Act with respect to the investment advice it provides to you. Nothing in these Terms is intended to, or will be construed to, limit, waive or disclaim that fiduciary duty, any obligation set out in the Investment Advisory Agreement, or any right you have under federal or state securities laws that cannot be waived.

4. Bots and AI-Generated Recommendations

The Platform uses Bots implementing Trend, Momentum and Reversal strategies to identify trade setups for supported U.S.-listed equity securities and exchange-traded funds and uses your investment profile to determine available Bots and investments and to configure position sizes, stop-loss levels and take-profit levels. The Bots generate trade signals using predefined, rules-based calculations; the underlying signal-generation process is deterministic, so the same market data applied to the same strategy parameters produces the same signal. Each setup receives a Setup Strength score from 0 to 100, and the Platform displays only setups scoring 40 or higher. The score measures alignment with the strategy’s technical conditions; you understand and acknowledge that it is not a probability of profit, an expected return, or a guarantee that a setup is appropriate for you. Artificial intelligence is used only to explain identified setups and summarize relevant news; it does not generate the underlying trade signal, calculate the Setup Strength score, or determine the security, position size, or order instructions. The Bots and the AI explanation layer are tools used by us to deliver our advisory services and are not themselves registered investment advisers.

Model limitations. You acknowledge and agree that: (a) technical indicators may lag market developments or generate false or repeated signals, and historical relationships among indicators may change, (b) errors in data, calculations, programming, configuration, testing, or deployment may result in an incorrect, delayed, duplicated, or omitted recommendation or order, (c) AI-generated explanations and news summaries may contain factual errors, omit relevant information, misinterpret technical signals, or present unsupported conclusions, and may sound confident even when the underlying information is incomplete or incorrect, and (d) we may suspend a Bot or automated trading when we identify an error, abnormal output, unavailable data, stressed market conditions, or another circumstance that could materially impair the operation of a strategy. See Firm Brochure for full risk discussion.

No guarantee of outcomes. You acknowledge and agree that: (a) investing involves risk, including loss of principal, (b) past performance, whether actual, back tested or simulated, does not guarantee future results, and (c) a loss, or a particular investment outcome, does not by itself mean that the Services were faulty or that we acted improperly.

AI Mentor. AI Mentor is an optional educational add-on sold as a one-time purchase with lifetime access at the price disclosed at checkout (USD 99.99 before any applicable discounts and taxes). It is not required to access your Subscription, the Bots, the Demo Account or other educational content, and it does not auto-renew. AI Mentor explains general concepts, charts, technical indicators and application information and is designed to decline requests for individualized investment recommendations; it does not select investments or Bots, generate trade setups or submit orders. “Lifetime access” has the meaning set out in Exhibit A to the Investment Advisory Agreement.

5. Suitability Profile

Our digital investment questionnaire collects information concerning your financial situation, investment objectives, tolerance for loss, ability to bear loss, liquidity needs, and other circumstances relevant to the Services. We use this information to assign you to a risk group and determine the supported strategies, investments, and trading parameters available to you. The Platform separately asks about trading familiarity, which changes the presentation and level of detail of explanations but does not change the underlying trade signal or establish that an investment is appropriate for you. You must promptly update information that has materially changed, and you will be prompted at least annually to review your investment profile. We do not consider financial circumstances, assets, liabilities, accounts, or tax information that you do not provide through the Platform. The quality and appropriateness of our advice depend on the completeness, accuracy, and timeliness of the information you supply.

6. Demo Account

The Platform offers a demo mode (the “Demo Account”) that is included in your Subscription and allows you to view personalized trade setups and place simulated trades using simulated funds and live or near-live market data. The Demo Account does not submit live orders or hold actual investments, and you do not need an Alpaca account to use it. We also provide personalized cryptocurrency trade setups in the Demo Account which use simulated funds and do not result in the purchase, sale, transfer, or custody of actual cryptocurrency, and availability of cryptocurrency in the Demo Account does not mean that live trading in that asset is supported. Demo transactions do not reflect actual execution and may not fully account for bid-ask spreads, liquidity, slippage, transaction costs, order rejection, partial fills, market impact, or the effects of trading with real money. Simulated results are not actual client investment returns and should not be relied upon as a prediction of live results. If you independently execute a Demo Account recommendation outside Monflex, you may incur actual losses, and Monflex does not transmit or monitor those external transactions.

Market data in the Demo Account is provided by third-party sources under the terms of Section 16, solely for your personal, non-professional use within the Demo Account. It may be delayed, incomplete or corrected after display. Simulated fills are determined by the Platform’s internal rules and may not correspond to prices actually available in the market. Personalized recommendations displayed in the Demo Account are subject to Monflex’s advisory onboarding requirements and the Investment Advisory Agreement. Demo results are identified as simulated and are presented separately from actual account activity. Cryptocurrency prices may be highly volatile and may decline substantially or become worthless, and technical signals and simulated execution may not reflect cryptocurrency market conditions accurately. Demo Account results are hypothetical performance. You may not publish, share or represent your Demo Account results as actual trading results, and any User Content that refers to Demo Account results must clearly state that the results are simulated.

7. Eligibility

To use the Services you shall be an individual of at least 18 years of age, or the age of majority in the country or State in which you reside if higher, having full legal capacity to enter into this Agreement. You must also be a U.S. person who resides in the United States and holds a valid U.S. taxpayer identification number. We provide our advisory program to individuals and accept clients only in jurisdictions in which we have determined that we may lawfully provide the Services. The Services are made available, and the investment advisory services are provided, only to persons located in the United States. Monflex is regulated by the SEC. The Services are not directed to, and may not be used by, persons outside the United States. Monflex is not authorised or supervised by any regulator outside the United States. We do not offer the Services to, and you must not access or use the Services if you are a citizen or resident of, or are located in, any of the following countries or territories (each, a "Restricted Jurisdiction"): Albania, Belarus, Bosnia and Herzegovina, Brazil, Burundi, Côte d'Ivoire, Cuba, the Democratic People's Republic of Korea (North Korea), the Democratic Republic of the Congo, Indonesia, Iran, Liberia, Libya, Myanmar, North Macedonia, Russia, Serbia, Somalia, South Sudan, Sudan, Syria, Ukraine (including the Crimea, Donetsk and Luhansk regions) and Venezuela. We may add or remove a Restricted Jurisdiction at any time.

You must also not be, or be acting on behalf of, any person subject to sanctions administered by the United States, the United Nations, the European Union or the United Kingdom, including any person named on the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Office of Foreign Assets Control.

If you do not meet the eligibility requirements, you must not use our Services. You are solely responsible for ensuring that your access and use comply with all local laws and regulations applicable in your jurisdiction.

Your eligibility to open and maintain a Brokerage Account is determined separately by the Available Broker, which applies its own supported-country list, identity verification, anti-money-laundering and tax documentation requirements, and may refuse, restrict or close your Brokerage Account in its own discretion. Satisfying this Section does not entitle you to a Brokerage Account, and the Services available to you may differ depending on where you reside.

Using VPNs, proxies, location spoofing, or any other unauthorized methods to misrepresent your identity, location, residency or citizenship is strictly prohibited and will result in immediate termination of your access. We may verify your eligibility at any time and may require documentation of your identity, residency, location or tax status. You must notify us promptly if you cease to meet these requirements, including if you relocate to a Restricted Jurisdiction; in that case we may suspend or terminate your Account and your Subscription.

8. Definitions

“Account” means the account you create on the Platform, accessed using your credentials.

“Bot” means each of the automated signal-generating models made available through the Platform.

“Order Instruction” means an entry order you approve as part of a trade setup and that we transmit to the Available Broker, any exit order transmitted in accordance with the exit instructions you approved as part of that setup, and any order you enter directly with the Available Broker.

“Signal” means a recommendation generated through the Platform by a Bot, including a suggested security, direction, entry or exit level and position size.

“Strategy" means a set of trading rules, parameters, conditions, filters, weights, position-sizing and risk-control settings associated with one or more Bots that you select using the Platform, and elect to follow, including any strategy suggested to you on the basis of your suitability profile. Selecting a Strategy does not authorize Monflex to place any order for you.

“Subscription” means a paid, recurring right to access and use the Services under a plan we make available, and "Subscription Fee" means the fee payable for it.

“Brokerage Account” means each securities brokerage account held with an Available Broker in your own name, which was opened or linked through the Platform and which you have designated within the Platform for use with the Services.

“User Content” means any content you submit to or through the Website, the Platform or the Services, or that you post publicly about us or the Services, including comments, reviews and forum posts.

9. Description and use of the Services

Your Account, Subscription entitlements, Strategies and Demo Account are common to the Web App and the Mobile App. Deleting a Mobile App from a device does not cancel your Subscription, or delete your Account. To stop receiving trade setups you may deselect the relevant Strategy or Bot; deselecting or changing a Bot closes the open positions opened under its trade setups, as described in Section 4 of the Investment Advisory Agreement; to stop billing you must cancel your Subscription in accordance with Section 12. Exit orders already transmitted under trade setups you approved may remain active with the Available Broker.

We may change, suspend, add to or discontinue any feature, function, Strategy type, Available Broker connection or content element at any time. We use commercially reasonable efforts to keep the Services available, but we do not guarantee uninterrupted or error-free operation. You are responsible for maintaining a compatible device, a current version of the applicable app, and adequate internet connectivity. We may require you to install updates; features may become unavailable on unsupported versions.

We are under no obligation to accept any person as a Customer and may accept or reject any registration, and may impose additional conditions on any Account, in our sole discretion.

10. Account and Security

To use the Services you must register an Account and provide true, accurate, current and complete information, and keep it updated.

Your Account is personal to you. You are responsible for the confidentiality and use of your credentials, and for all activity occurring under your Account, whether or not authorized by you. You may not permit any third party to access your Account or use your credentials. You must notify us promptly at support@monflex.io of any actual or suspected unauthorized access, loss of credentials or compromise of any device on which the Platform is used.

11. Brokerage Account and Connection Authorization

To use the brokerage-linked features of the Services you must maintain an open Brokerage Account in your own name with a broker-dealer that we make available through the Platform (“Available Broker”). You may not use the brokerage-linked features with any brokerage or other account held with any institution that is not an Available Broker at the relevant time.

When you open or link a Brokerage Account with an Available Broker through the Platform, the connection between your Account and that Brokerage Account is established, provisioned and maintained by us automatically as part of the Services.

Although onboarding is presented to you within the Platform, your Brokerage Account is opened in your own name and is governed by a separate customer agreement between you and the Available Broker (and, where applicable, its clearing firm or custodian), together with the disclosures, fee schedules and policies that the Available Broker presents to you during onboarding (the "Broker Documents"). You are required to review and accept the Broker Documents before your Brokerage Account can be used. You authorize us to transmit to the Available Broker the information necessary to open, maintain and service your Brokerage Account, as described in our Privacy Policy. The Available Broker may refuse, restrict, suspend or close your Brokerage Account in its own discretion.

By linking a Brokerage Account, you authorize Monflex to access data relating to your Brokerage Account, such as holdings, transactions and available buying power, as necessary to personalize recommendations, size positions and display your activity, and to transmit to the Available Broker (a) each entry order that you specifically approve as part of a trade setup and (b) after execution, only the exit orders included in the trade setup you approved. Monflex does not accept discretionary authority to select and place a new entry trade without your approval. Each deposit or withdrawal instruction is initiated and authenticated by you and transmitted directly to the Available Broker. Monflex cannot initiate a withdrawal, designate or change a destination account, alter your transfer instruction, or transfer client assets to Monflex or a third party, does not possess your brokerage credentials, and does not deduct advisory fees from your Brokerage Account.

Each Available Broker is an independent third-party contractor and your relationship with it is governed by the Broker Documents. Subject to Section 3, we are not responsible or liable for the services, errors, acts or omissions of any Available Broker, including the rejection of an Order Instruction, delayed, partial or non-execution, price differences or slippage, margin calls, forced liquidation or position closure, restriction, suspension or closure of your Brokerage Account, system downtime or degradation, errors in data provided by it, its fees and charges, its processing of corporate actions, its tax reporting, or any security or privacy incident occurring on its systems except to the extent of Monflex’s own responsibilities, including its selection and periodic review of the Available Broker and its duty to seek best execution.

You acknowledge that we may make only one Available Broker available at any given time, that we are under no obligation to make more than one available, and that the brokerage-linked features of the Services therefore depend on a single third party whose failure, restriction or withdrawal may render those features wholly or partly unavailable to you.

12. Fees, Payment Methods and Cancellation

All Services, including the Demo Account, are provided on a paid Subscription basis. Subscription Fees are charged in advance at the beginning of each billing period, are not based on account assets or investment performance, and do not increase solely because you enable live trading. The Subscription Fee pricing for our current plans are found on our Website, the Apple App Store or Google Play. You can pay for the Services via PayPal, credit or debit card, bank transfer, or any other payment method supported on our Web App or Mobile App. All Service fees are exclusive of applicable sales taxes or VAT. The Subscription Fee does not include brokerage, custody, account maintenance, transfer, wire, electronic funds transfer, or other charges imposed by the Available Broker under the Broker Documents, or the internal management fees and expenses of ETFs, which reduce investment returns.

Your payment is complete only when we, or Monflex Operations on our behalf, receive the full amount in our account, free of any deductions or payment provider fees. Ensure that all personal information submitted during registration matches the details on your payment method; mismatched or inaccurate data may lead to account suspension or transaction failures.

Certain Subscription payments may be collected on Monflex’s behalf by Monflex Operations, and Apple App Store and Google Play purchases are billed by the applicable store. Collection of a payment by Monflex Operations or an app store does not transfer the advisory relationship, and Monflex remains responsible for the investment advisory services.

By providing a payment method, you authorize us to save your details and automatically charge the applicable recurring fees for each renewal period. If a charge to your primary card fails (such as due to expiration or insufficient funds), we may retry charging that method or use any alternative payment method saved on your account. If we cannot process your payment, we reserve the right to suspend or cancel your subscription, though you will remain liable for any unpaid balances accrued.

Subscription Fee changes require advance notice to you, apply only from a renewal date after that notice, and you may avoid them by cancelling your Subscription before they apply.

You must cancel your subscription in accordance with the cancellation procedures disclosed to you when you purchased your Subscription and as set forth herein. If you purchase a Subscription but do not accept the Investment Advisory Agreement, you will not receive personalized advisory services, and we will refund your Subscription fee on request to support@monflex.io; for an app-store purchase, we will work with you through the applicable store’s refund process. If a charge fails, or your Subscription expires or is cancelled, your access to the Services continues through the end of the current paid period. As disclosed in our Firm Brochure, when your Subscription ends, your positions opened through Monflex will be liquidated, with notification to you, as described in Section 11 of the Investment Advisory Agreement. Cancelling your Subscription does not terminate the Investment Advisory Agreement, and terminating the Investment Advisory Agreement does not cancel your Subscription or close your open positions. Your ability to access, retain, transfer or close your Brokerage Account is governed by the Available Broker’s procedures. We recommend that you close or otherwise arrange for the management of open positions before cancelling. If you terminate the Investment Advisory Agreement during a paid billing period, we will not refund the unearned portion of the prepaid advisory Subscription Fee. For an app-store purchase, we will work with you through the applicable store’s refund process. We may grant additional refunds after reviewing your request. Your Subscription renews automatically for the billing interval and at the renewal price disclosed at checkout. Your renewal rate will not exceed the non-promotional price of your previous subscription term, unless we inform you of a price change in advance.

13. Data Protection

We collect, store, and process your personal information in accordance with our Privacy Policy. By accessing or using the Services, you consent to the collection, storage, and processing of your data as outlined in the Privacy Policy.

14. License and Acceptable Use

Subject to your compliance with the Agreement and to your payment of the applicable Subscription Fee, we grant you, during the term of your Subscription, a limited, revocable, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Platform (including the Content) for your own personal, non-commercial use.

In addition to the prohibitions set forth in Section 19, you will not, and will not authorize, permit or encourage any third party to:

modify, adapt, translate, copy, resell, rent, lease, distribute, sublicense or make the Platform available to any third party, or use the Platform in a service bureau, time-share, white-label, managed-account or similar arrangement whereby you operate it for the benefit of any person other than yourself;
operate, configure or manage a Strategy for the account of any other person, or accept compensation for doing so, or hold or exercise trading authority over another person's account through the Services;
use any automated means, including robots, spiders, crawlers, scripts or data-mining tools, to access, scrape, extract or archive data from the Website, the Platform or the Services outside the intended functionality and any API we expressly make available;
introduce any virus, worm, back door or other harmful code, or probe, scan or test the vulnerability of the Platform or breach any authentication measure; or
use the Services in violation of any applicable law or of the rules of any exchange, self-regulatory organization or your Available Broker, or in furtherance of any market manipulation, spoofing, layering, wash trading, front-running or other abusive or fraudulent trading practice.

If you breach this Section 14, we may, in our sole discretion and without notice, deactivate your Strategies and suspend or terminate your access to all or part of the Services, in addition to any other remedy available to us. We may also do so where your use causes, or we reasonably believe is likely to cause, damage or legal exposure to us, to an Available Broker, to a data provider or to any other user.

15. Intellectual Property, Strategies, User Content

The Website, the Platform and the Services contain a variety of: (a) layout, information, files, scripts, instructions, illustrations, photographs, sounds, technology, software, text, graphics, images, audiovisual works, data compilations, designs, the “look and feel” of the Services and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code), (b) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Monflex, and (c) other forms of intellectual property (all of the foregoing, collectively "Content").

All right, title, and interest in and to the Content (other than your User Content) is referred to as "Company Content" and is owned by us or our licensors and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Monflex Operations owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services. Strategies, including the models, rules, parameters, presets and outputs generated by the Platform, are Content owned by Monflex Operations and licensed to Monflex, and constitute investment advice provided to you by Monflex under the Investment Advisory Agreement for use solely in your own Brokerage Account.

You also retain full ownership and proprietary rights over all information and User Content you submit when registering for Monflex. Except as otherwise described in the Privacy Policy, which specifically govern the submission of your User Content, you grant to us the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Any use of User Content in Monflex advertising will comply with applicable law, including Rule 206(4)-1 under the Advisers Act. Except as otherwise described in the Privacy Policy, you agree that (a) your User Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) we do not assume any obligation of any kind to you or any third party with respect to your User Content. Upon our request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.

Our name, logos, and service marks are our trademarks. Nothing grants any license or right to use any mark without our prior written permission specific to that use.

If you breach the Agreement, we may terminate your permission to access the Website, the Platform and the Services in accordance with Section 24, and you must cease all use and destroy any copies you have made.

16. Market Data

Market data, quotations, index information, reference data, news and research made available through the Services are obtained from third-party sources. We believe those sources to be reliable, but we do not independently verify, and do not guarantee, the accuracy, completeness, timeliness, sequence or continued availability of any such data. Data may be delayed, incomplete, revised, restated or withdrawn.

Market data is licensed to you for your personal, internal use only in connection with the Services. You may not redistribute, retransmit, republish, sell, sublicense or commercially exploit it, or use it to create any derived data product or index, and you may not store or archive it outside the Platform except for outputs generated through the intended functionality of the Platform.

Push notifications, emails, in-Platform alerts and other communications about your Strategies or your Brokerage Account are provided for convenience only. Delivery is not guaranteed and may be delayed, blocked or restricted by us, by your device, by your operating system or by a network operator.

17. Risk Acknowledgments

Investing involves significant risks and potential for financial loss, including the loss of all the value of your assets. By using the Services you acknowledge and accept the following risks, without limitation:

Trading involves substantial risk of loss. You may lose part or the entire amount in your Brokerage Account. You should trade only with money you can afford to lose entirely.
Signals may be based on stale, erroneous or anomalous data, may be delivered late or not at all, and may become outdated quickly in fast-moving markets.
Technology can fail. Software defects, configuration errors, infrastructure outages, latency, network congestion, device failure, loss of connectivity, third-party API failure, exchange or broker outages, data feed errors, cyber attacks and force majeure events may delay or prevent the delivery of Signals or the display of accurate account information.
Market conditions can change abruptly. Gaps, halts, limit moves, illiquidity, volatility events, corporate actions, delistings, short-sale restrictions and after-hours or overnight moves may make an exit impossible at or near your intended level, and stop-loss and take-profit parameters do not guarantee execution at the specified price.
Setup Strength does not establish the probability of a profitable trade. Certain Bots may generate multiple trade recommendations during a trading day, and frequent trading may increase spread, execution and market-impact costs, slippage and short-term taxable gains. Profile-based position sizing does not ensure diversification, and multiple open positions may create cumulative exposure materially greater than an individual order’s size. Notional orders may result in fractional shares, which may be subject to different execution, liquidity, voting, transfer and liquidation practices.
Content may contain forward looking predictions that are subject to certain risks and uncertainties which could cause actual results to differ materially from those currently anticipated or projected.
You decide whether to approve each trade setup and are responsible for activity you initiate in your Brokerage Account outside the Services. This does not limit Monflex’s monitoring and advisory obligations under the Investment Advisory Agreement. You are responsible for maintaining an alternative means of contacting your Available Broker directly if the Platform is unavailable.

Our recommendations are based on the information in your suitability profile, and you acknowledge that you have provided accurate information in your suitability profile and agree to keep that information accurate, complete and current. Nothing in this Section 17 limits our obligations under the Advisers Act or the Investment Advisory Agreement.

18. Representation and Warranties

By accessing or using the Services, you represent and warrant that:

You have the full legal capacity to enter into and comply with these Terms;
You are at least 18 years of age;
You will not access the Services using bots, scrapers, automated scripts, or any other non-human means outside the intended functionality and any API we expressly make available;
You will not use the Services for any unlawful or unauthorized purpose;
(a) You are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Monflex the rights to it that you are granting by these Terms, all without any Monflex obligation to obtain consent of any third party and without creating any obligation or liability of Monflex, (b) the User Content is accurate, (c) the User Content does not and, as to Monflex’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party, and (d) the User Content will not violate these Terms, or cause injury or harm to any person.
You are not a citizen or resident of, and are not located in, any Restricted Jurisdiction, and you satisfy the eligibility requirements set out in Section 7; and
Your use of the Services complies with all applicable laws and regulations.

If you provide details that are false, inaccurate, outdated, or incomplete, we reserve the right to suspend or permanently block your access to the Services.

19. Prohibited Activities and Restrictions

In addition to the prohibitions set forth in Section 14, when using the Services, you agree that you will not, and will not authorize, permit or encourage any third party, to do any of the following:

Submit, upload, transmit, publish, or post any User Content that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, (ii) contains any material that is defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit, (iii) promotes any illegal activity, or advocates, promotes, or assists any unlawful act, (iv) is fraudulent, false, misleading, or deceptive, or (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
Use the Services for any commercial purpose (including for purposes of advertising, soliciting funds, collecting product prices, and selling products) or in any manner not permitted by these Terms.
Engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, malicious, obscene, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Monflex.
Impersonate or misrepresent your identity or affiliation with any person or organization.
Reverse engineer, decompile, disassemble, reverse assemble, or modify any source or object code or any software or other products, services, or processes, algorithms, models or interface protocols of the Platform accessible through any portion of the Services.
Use the Services or Content to train, manipulate, service or otherwise engage with machine learning or any other artificial intelligence algorithm.
Engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Monflex, or other users of the Services.
Interfere or tamper with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services, the Content, or the User Content.
Harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including e-mail addresses, without the express consent of such users).
Attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means.
Use the Services to distribute spam or other unsolicited messages or launch automated queries to third-party websites.
Use any meta tags or any other “hidden text” utilizing any Monflex trademark, logo URL, or product name without Monflex’s prior written consent.
Monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
Frame or utilize framing techniques to enclose any Content (including any images, text, or page layout).
Remove any trademark, copyright, or other intellectual property notices contained in the Content or on the Services.
Use the Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands.
Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of Monflex or, in the case of Content from a licensor, the owner of the Content.
Insert any code or product to manipulate such Content in any way that adversely affects any user experience.
Extract data or content from the Services to build databases, directories, or compilations without our prior written consent.
Use the Services to develop competing products, services, or software.
Frame or link to the Services without authorization.
Violate any applicable laws, regulations, or provisions of these Terms.

Monflex may immediately suspend or terminate the availability of the Services and Content (and any elements and features of them), in whole or in part, for any reason, in Monflex’s sole discretion, and without advance notice or liability. Suspension or termination of the investment advisory services, and the treatment of open positions, are governed by Sections 10 and 11 of the Investment Advisory Agreement.

These Terms include only narrow, limited grants of rights to Content and to use and access the Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Monflex and its licensors. Any unauthorized use of any Content or the Services for any purpose is prohibited.

20. Disclaimer of Warranties

SUBJECT TO THE FOURTH PARAGRAPH OF THIS SECTION 20, THE WEBSITE, THE PLATFORM, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTY WITH RESPECT TO THEM OR OTHERWISE IN CONNECTION WITH THE AGREEMENT, AND WE HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT ANY STRATEGY WILL BE PROFITABLE, THAT ANY ORDER INSTRUCTION WILL BE GENERATED, TRANSMITTED, RECEIVED OR EXECUTED, THAT ANY ORDER INSTRUCTION WILL BE EXECUTED AT ANY PARTICULAR PRICE OR TIME OR AT ALL, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR MARKET CONDITION, THAT ANY DATA WILL BE ACCURATE OR TIMELY, OR THAT DEFECTS WILL BE CORRECTED. THIS PARAGRAPH DISCLAIMS GUARANTEES OF OUTCOME, AVAILABILITY AND TIMING ONLY. IT DOES NOT RELIEVE US OF LIABILITY DESCRIBED IN THE FOURTH PARAGRAPH OF THIS SECTION 20.

THE WEBSITE, THE PLATFORM AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS, AND WE MAY MAKE CHANGES, CORRECTIONS AND IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

INVESTMENT ADVISORY SERVICES AND ORDER TRANSMISSION. (A) THIS SECTION 20 APPLIES TO THE TECHNICAL OPERATION AND AVAILABILITY OF THE WEBSITE AND THE PLATFORM AS A TECHNOLOGY TOOL. THE GENERATION AND DELIVERY OF RECOMMENDATIONS, TRADE SETUPS AND SIGNALS, AND OUR TRANSMISSION TO THE AVAILABLE BROKER OF ORDERS YOU HAVE SPECIFICALLY APPROVED, ARE PART OF OUR INVESTMENT ADVISORY SERVICES. THOSE SERVICES ARE PROVIDED IN ACCORDANCE WITH THE INVESTMENT ADVISORY AGREEMENT, OUR FIDUCIARY DUTY AND APPLICABLE FEDERAL AND STATE SECURITIES LAWS, AND THIS SECTION 20 DOES NOT LIMIT, WAIVE OR DISCLAIM THAT FIDUCIARY DUTY OR ANY RIGHT YOU HAVE UNDER THOSE LAWS.

(B) NOTWITHSTANDING PARAGRAPH (A), WE DO NOT GUARANTEE THAT ANY APPROVED ORDER WILL BE TRANSMITTED, RECEIVED, ACCEPTED OR EXECUTED AT A PARTICULAR TIME OR PRICE, OR AT ALL. ORDERS MAY BE DELAYED, REJECTED OR FAIL BECAUSE OF SYSTEMS OR EVENTS OUTSIDE OUR REASONABLE CONTROL, INCLUDING THE AVAILABLE BROKER'S SYSTEMS, MARKET DATA PROVIDERS, INTERNET AND TELECOMMUNICATIONS NETWORKS AND EXCHANGE HALTS. WE WILL DISPLAY THE STATUS OF EACH ORDER WE TRANSMIT, AND YOU MAY PLACE, MODIFY OR CANCEL ORDERS DIRECTLY WITH THE AVAILABLE BROKER AT ANY TIME.

(C) PARAGRAPH (B) AND THE SECOND PARAGRAPH OF THIS SECTION 20 ARE DISCLAIMERS OF GUARANTEES ONLY. THEY DO NOT RELIEVE US OF LIABILITY FOR LOSSES CAUSED BY OUR NEGLIGENCE, WILLFUL MISCONDUCT, BREACH OF THE INVESTMENT ADVISORY AGREEMENT OR BREACH OF FIDUCIARY DUTY, INCLUDING ANY FAILURE TO DESIGN, TEST, MONITOR AND MAINTAIN THE PLATFORM'S ORDER-TRANSMISSION FUNCTIONS WITH REASONABLE CARE. IF THIS SECTION 20 CONFLICTS WITH THE INVESTMENT ADVISORY AGREEMENT OR SECTION 3, THOSE PROVISIONS CONTROL.

21. Limitation of Liability

SUBJECT TO THE THIRD PARAGRAPH OF THIS SECTION 21, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THE OPERATION, AVAILABILITY OR TECHNICAL PERFORMANCE OF THE WEBSITE OR THE PLATFORM, INCLUDING LOSS OF DATA, TECHNICAL FAILURES OR SYSTEM OUTAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FOR CLAIMS ARISING SOLELY FROM THE OPERATION, AVAILABILITY OR TECHNICAL PERFORMANCE OF THE WEBSITE OR THE PLATFORM (EXCLUDING INVESTMENT ADVISORY SERVICES), THE AGGREGATE LIABILITY OF MONFLEX TO YOU WILL NOT EXCEED THE GREATER OF (I) THE TOTAL SUBSCRIPTION FEES YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM AND (II) US$100. EXCEPT AS PROVIDED IN THE PRECEDING PARAGRAPH, THIS SECTION 21 DOES NOT APPLY TO ANY CLAIM ARISING FROM OUR INVESTMENT ADVISORY SERVICES WHICH ARE GOVERNED EXCLUSIVELY BY THE INVESTMENT ADVISORY AGREEMENT AND APPLICABLE FEDERAL AND STATE SECURITIES LAWS. THE FEDERAL AND STATE SECURITIES LAWS IMPOSE LIABILITIES UNDER CERTAIN CIRCUMSTANCES ON PERSONS WHO ACT IN GOOD FAITH. NOTHING IN THIS SECTION 21 OR ELSEWHERE IN THESE TERMS WAIVES OR LIMITS ANY RIGHT YOU HAVE UNDER THOSE LAWS OR OUR FIDUCIARY DUTY TO YOU.

ORDER TRANSMISSION. THE GENERATION AND DELIVERY OF RECOMMENDATIONS, TRADE SETUPS AND SIGNALS, AND OUR TRANSMISSION TO THE AVAILABLE BROKER OF ORDERS YOU HAVE SPECIFICALLY APPROVED, ARE PART OF OUR INVESTMENT ADVISORY SERVICES. HOWEVER, THE FIRST TWO PARAGRAPHS OF THIS SECTION 21 CONTINUE TO APPLY TO ANY FAILURE, DELAY OR ERROR IN THE TRANSMISSION OF AN APPROVED ORDER THAT RESULTS FROM THE OPERATION, AVAILABILITY OR TECHNICAL PERFORMANCE OF THE WEBSITE OR THE PLATFORM, OR FROM SYSTEMS OR EVENTS OUTSIDE OUR REASONABLE CONTROL (INCLUDING THE AVAILABLE BROKER'S SYSTEMS, MARKET DATA PROVIDERS, INTERNET AND TELECOMMUNICATIONS NETWORKS AND EXCHANGE HALTS). THE PRECEDING SENTENCE DOES NOT APPLY TO THE EXTENT THE FAILURE, DELAY OR ERROR RESULTS FROM OUR NEGLIGENCE, WILLFUL MISCONDUCT, BREACH OF THE INVESTMENT ADVISORY AGREEMENT OR BREACH OF FIDUCIARY DUTY, INCLUDING ANY FAILURE TO DESIGN, TEST, MONITOR AND MAINTAIN THE PLATFORM'S ORDER-TRANSMISSION FUNCTIONS WITH REASONABLE CARE.

22. Indemnification

You will indemnify, defend and hold harmless Monflex, Monflex Operations and its respective affiliates, shareholders, members, officers, directors, employees, agents and representatives (the "Indemnitees") from and against all damages, liabilities, losses, costs and expenses, including reasonable attorneys' fees, incurred by an Indemnitee in connection with any third-party claim, action or proceeding arising from: (a) your breach of the Agreement; (b) your misuse of the Website, the Platform or the Services; (c) your User Content; (d) your violation of any applicable law or of the rules of any exchange, self-regulatory organization or Available Broker; or (e) your violation of any third-party right, including any intellectual property or privacy right.

We will promptly notify you of any claim for which we seek indemnification, provided that our failure to do so relieves you of your obligations only to the extent you are materially prejudiced. You will control the defense and settlement of the claim, provided that you may not settle any claim in a manner that imposes any obligation or admission on us without our prior written consent. This Section 22 does not apply to any claim arising from our breach of these Terms or the Investment Advisory Agreement, or from our breach of any duty owed to you under applicable federal or state securities laws.

23. Third-Party Sites; Dealings with Third Parties

The Services may contain third party integrations, links, or other access to third-party websites that are not owned, controlled or operated by Monflex (collectively, “Third-Party Sites”), including websites operated by licensors, licensees, and certain other third parties who may have business relationships with Monflex. Monflex may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and Monflex does not assume any obligation to review any Third-Party Sites. Monflex does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, information, materials, products, services, or other items. Furthermore, Monflex is not responsible for the quality or delivery of the products or services offered, accessed, or obtained by such Third-Party Sites. Finally, Monflex will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. Monflex disclaims all liability in connection therewith.

Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Services (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Monflex disclaims all liability in connection therewith.

24. Suspension and Termination

You may terminate the Agreement by cancelling your Subscription in accordance with Section 12, deactivating your Strategies, revoking the connection to your Brokerage Account, and deleting your Account. We may restrict, suspend or terminate the Agreement, your Subscription and your access to all or any part of the Website, the Platform and the Services at any time, with or without notice, including where: (a) you breach the Agreement; (b) you cease to be eligible under Section 7; (c) your payment fails; (d) we reasonably believe your use of the Services creates legal, regulatory, security or reputational risk to us, an Available Broker or a data provider; (e) an Available Broker or data provider withdraws your access; or (f) we discontinue the Services in whole or in part. Suspension or termination of the investment advisory services, and the treatment of open positions, are governed by Sections 10 and 11 of the Investment Advisory Agreement.

25. Dispute Resolution

PLEASE READ THIS PROVISION CAREFULLY AS IT CONTROLS HOW DISPUTES BETWEEN YOU AND US WILL BE ADDRESSED. UNLESS YOU TIMELY OPT-OUT IN ACCORDANCE WITH THIS SECTION 25, BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO RESOLVE ANY DISPUTE (AS DEFINED BELOW) WITH US THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT, TO WAIVE YOUR RIGHT TO A JURY TRIAL, AND TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION SUIT, AS PROVIDED BELOW (THE “ARBITRATION AGREEMENT”). THIS ARBITRATION AGREEMENT DOES NOT APPLY TO DISPUTES ARISING FROM OUR INVESTMENT ADVISORY SERVICES, RECOMMENDATIONS OR SIGNALS, WHICH ARE GOVERNED BY THE DISPUTE RESOLUTION PROVISIONS OF THE INVESTMENT ADVISORY AGREEMENT. Nothing in this Section 25 waives any right that cannot be waived under applicable federal and state securities laws, or limits your right to file a complaint with, report to or communicate with the SEC or any other governmental or regulatory authority.

Except as expressly provided otherwise in this Section 25, you and Monflex agree to resolve every Dispute (including any Disputes involving Monflex’s subsidiaries or affiliates) through binding arbitration instead of in court.

A “Dispute” means any dispute, claim, controversy, or legal action—whether arising from past, present, or future events, and based on contract, tort, statute, consumer protection law, common law, negligence or intentional tort—between you and Monflex that arises out of or relates in any way to these Terms, the Website, Services, or this Arbitration Agreement; provided, however, that a Privacy-Related Claim is not a Dispute and does not have to be arbitrated , if you were a Visitor or other person who was not a Subscription Customer at the time of the conduct giving rise to it; provided, further that if you were a Subscription Customer at that time, your Privacy-Related Claim is a Dispute and must be arbitrated. For the avoidance of doubt, merely browsing or accessing the Platform or interacting with the Platform’s cookies, pixels, analytics, technology, chat feature, or other website functionality does not, standing alone, make a Visitor a Subscription Customer or constitute our agreement to arbitrate a Privacy-Related Claim asserted by that Visitor. A Privacy-Related Claim asserted by a Subscription Customer remains a Dispute subject to arbitration even if the Subscription Customer was not logged into an Account when the conduct giving rise to the claim allegedly occurred. “Privacy-Related Claim” means any dispute, claim, or controversy arising out of or relating to the privacy, collection, interception, recording, use, sharing, disclosure, maintenance, transmission, or security of your personal data or information about you under applicable state or federal laws, including but not limited to claims relating to our Privacy Policy, under the California Consumer Privacy Act, the California Privacy Rights Act, the California Invasion of Privacy Act , the Electronic Communications Privacy Act, the General Data Protection Regulation, and any other data-protection, electronic-surveillance, or privacy legislation in the jurisdiction where you reside or we operate. “Visitor” means a person who browses or accesses the Platform and/or submits personal data through the Platform but is not a Subscription Customer. A Visitor who also meets the definition of a Subscription Customer is a Subscription Customer for all purposes of these Terms. A “Subscription Customer” is a Visitor that has opened an Account and purchased a Subscription, provided that a Subscription Customer remains a Subscription Customer even after the date they no longer have an active Account or Subscription. Every Subscription Customer is also a Visitor, but not every Visitor is a Subscription Customer.

Mandatory Pre-Dispute Resolution Process

Before formally pursuing any Dispute or other claim, including a Privacy-Related Claim, in arbitration, small claims court, or any other court, you and Monflex agree to give each other an opportunity to resolve any Dispute or other claim (referred to in this sub-paragraph as the “Pre-Dispute Resolution Process”). The party raising a Dispute or other claim must first send the other party a written notice of the Dispute (a “Notice”), personally signed by that party and sent by email. Any digital signature must comply with the federal E-Sign Act. If a party is represented by an attorney, the party’s lawyer may also sign the Notice, but the attorney’s signature alone does not satisfy this requirement. Each Notice may cover only one individual’s Dispute.

If we have a Dispute with you, we will send the Notice to the most recent contact information we have for you. If you have a Dispute with us, you must send the Notice by email to legal@monflex.io.

The Notice must include, for every Dispute: (1) the initiating party’s name, physical address, and phone number; (2) the email address associated with your Account; (3) a clear and detailed description of the Dispute and any relevant facts regarding your use of the Services, including the relief requested and the basis for it; (4) a personally signed statement from you (and not your attorney) verifying the accuracy of the information in the Notice; and (5) if the Dispute relates in whole or in part to a Privacy-Related Claim, the Website, application, webpage, communication, or other interaction at issue, the approximate date of that interaction, and the personal data or information allegedly collected, intercepted, recorded, used, shared, disclosed, maintained, transmitted, or secured.

For 60 days after a complete Notice is received (a period the parties may extend by agreement), the parties shall negotiate in good faith to try to resolve the Dispute. The party receiving the Notice may request a telephone or video conference to help resolve the Dispute. If the parties agree to hold a conference, you and a Monflex representative will personally attend, with counsel if represented. The conference will be scheduled at a mutually convenient time, which may fall outside the 60-day period. If you are unable to participate in the video conference by video, you may attend telephonically if you certify in writing that circumstances exist that prevent you from appearing by video (such as your lack of access to phone with a working camera or your inability to connect to a stable internet connection).

Completion of the Pre-Dispute Resolution Process is a condition precedent to filing any demand for arbitration, small claims court action, or any other action before a court. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in the Pre-Dispute Resolution Process. You and we agree that the party initiating arbitration or a court action must submit a written certification that they have complied with and completed the Pre-Dispute Resolution Process enclosed with any demand for arbitration, summons or complaint. The certification must be personally signed by the party initiating arbitration or court action (and their attorney, if represented). Failure to follow the Pre-Dispute Resolution Process is a breach of this Arbitration Agreement. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding, small claims court action, or other court action accordingly. Nothing in this Section 25 limits a party’s right to seek damages for noncompliance with this process.

All offers, promises, conduct, and statements made in the course of the Pre-Dispute Resolution Process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except as required to certify in writing that the Pre-Dispute Resolution Process was completed before submitting a demand for arbitration). Evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable by this Section 25.

30-Day Right to Opt Out

With the exception of the Pre-Dispute Resolution Process provided herein, you have the right to opt out of this Arbitration Agreement by sending us written notice to the following email address: support@monflex.io. Your opt out notice must be sent within 30 days after the earlier of: (1) the date you first expressly accept the Terms, such as by creating your Account, subscribing for the Services, or checking a box or clicking a button indicating your agreement; or (2) the date you first access or use the Platform after the Terms are posted, if you have not expressly accepted them. Your opt-out notice must include: (i) your name; (ii) your username (if any); (iii) the email address you used to set up your Account; and (iv) an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms and any other agreements between you and Monflex will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Choice of Law and Venue

Subject to Section 1, under which the Investment Advisory Agreement prevails on matters relating to the investment advisory services, and unless expressly addressed in any additional terms, these Terms supersede any other agreement between the parties to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms, and any Dispute or other claim between you and Monflex, are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement. Any claim that is not required to be arbitrated, or that is not arbitrated for any reason, must be brought exclusively in the Court of Chancery of the State of Delaware or, if that court lacks subject matter jurisdiction, the Superior Court of the State of Delaware or the United States District Court for the District of Delaware. You and Monflex consent to personal jurisdiction and venue in these courts and waive any objection based on inconvenient forum.

Class Action and Jury Waiver

YOU AND MONFLEX AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE LIMITED TO CLAIMS BETWEEN YOU AND MONFLEX INDIVIDUALLY AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

To the fullest extent permitted by law: (1) no arbitration or other proceeding may be joined with any other, except for coordinated Mass Arbitration proceedings as discussed herein; (2) no Dispute or other claim may be arbitrated, litigated, or resolved on a class basis or using class-action procedures; and (3) no Dispute or other claim may be brought in a representative capacity. This waiver applies to Monflex and you (including whether you are a Visitor or Subscription Customer), and it applies whether or not a Dispute or other claim is subject to arbitration. If a court finds this waiver unenforceable as to a particular Dispute or other claim, that Dispute or claim (and only that Dispute or claim) must be severed and litigated in court.

YOU AND MONFLEX GIVE UP THE RIGHT TO LITIGATE DISPUTES AND OTHER CLAIMS BEFORE A JURY, EXCEPT AS OTHERWISE STATED IN THESE TERMS OR WHERE A STATUTE REQUIRES A PARTICULAR CAUSE OF ACTION TO BE PRESENTED TO A JURY, IN WHICH CASE THE CAUSE OF ACTION SHALL BE BIFURCATED.

YOU AGREE THAT BY ENTERING INTO THESE TERMS, IN PARTICULAR THE CLASS ACTION AND JURY WAIVER AND THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL IN COURT OR BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST MONFLEX ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ACKNOWLEDGE THAT BY ENTERING INTO THESE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT MONFLEX’S AGREEMENT TO ARBITRATE DISPUTES CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THE ARBITRATION AGREEMENT.

Dispute Resolution Through Small Claims Court

Notwithstanding the foregoing, a Dispute that is otherwise required to be arbitrated may, at any party’s election, be brought in small claims court, provided that the Pre-Dispute Resolution Process has been completed, and that it falls within the small claims jurisdictional amount, located in (i) the county where the Dispute arose; (ii) the county where the Customer or Visitor resides; or (iii) Wilmington, Delaware, where Monflex is incorporated. The Dispute must proceed on an individual basis. If arbitration has already commenced and a party elects to proceed in small claims court, such arbitration shall be administratively closed by the arbitration provider (e.g., AAA). Subject to the allocation of arbitrability questions in this Section 25, the small claims court shall have the authority to resolve any Dispute within its jurisdiction. If the parties disagree about whether a Dispute may be brought in small claims court, the court, not the arbitrator, will decide it. The parties to a small claims court action have the right to seek equitable and/or injunctive relief from a court of competent jurisdiction. In the event such small claims court specifically determines that it is without jurisdiction to hear the Dispute, the parties shall arbitrate the Dispute under the terms of this Agreement.

Dispute Resolution Through Arbitration

Scope. Unless the parties reach an agreed-upon resolution pursuant to the Pre-Dispute Resolution Process, the parties have elected to have the Dispute resolved in small claims court, or you timely opt-out of the Arbitration Agreement, in accordance with this Section 25, any Dispute will be finally and exclusively resolved by binding individual arbitration governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. This applies whether the Dispute is based on contract, tort, statute, consumer-protection law, common law, or equity, and whether it arose before or after you accepted these Terms. Nothing in this Arbitration Agreement prevents either party from seeking a temporary restraining order, preliminary injunction, or other interim relief from a court described herein to preserve the status quo pending arbitration.

Administration. Except as otherwise provided herein, any arbitration between you and Monflex shall be administered by the American Arbitration Association (the “AAA”) in accordance with the rules and procedures provided under AAA’s Consumer Arbitration Rules (the “AAA Rules”), or any other applicable rules and procedures provided by AAA that govern the subject-matter of the Dispute, that are in effect at the time any demand for arbitration is filed with AAA. The arbitration must be conducted in English. You are encouraged to review the AAA Rules, which are available at https://www.adr.org/rules-forms-and-fees/consumer/. Except as expressly provided below, the AAA Rules govern all arbitration fees and costs. Each party has the right to use legal counsel in connection with arbitration, at its own expense, except as the arbitrator may award attorneys’ fees and costs under this Section 25 or applicable law. If AAA is unable or unwilling to perform its duties under this Arbitration Agreement, the parties shall mutually agree on an alternative arbitration provider that will replace AAA and assume AAA’s role consistent with this Arbitration Agreement and this Arbitration Agreement will govern to the extent it conflicts with the arbitration provider’s rules. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration provider who will assume AAA’s duties under this Arbitration Agreement and this Arbitration Agreement will govern to the extent it conflicts with the arbitration provider’s rules. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award, and provided that nothing herein restricts any party from reporting possible violations of law to, or communicating with, the SEC or any other governmental or regulatory authority.

The Arbitrator. The arbitrator will be mutually selected by the parties. The parties must engage in a good-faith meet-and-confer effort to select an arbitrator. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in this Arbitration Agreement. If the parties are unable to agree on an arbitrator within thirty (30) days after AAA accepts the arbitration, AAA shall appoint the arbitrator in accordance with the AAA Rules, subject to the qualifications set forth in this Section 25. These Terms govern the arbitration to the extent they conflict with the AAA Rules, except that if the AAA Consumer Due Process Protocol requires otherwise as a condition of AAA administering the arbitration, the Protocol controls only to that extent. A single neutral arbitrator will decide the Dispute. The arbitrator must follow these Terms as a court would. The arbitrator must be a retired judge experienced in the subject matter of the Dispute. The arbitrator will be selected from AAA’s roster of arbitrators available to hear matters seated in Delaware. If no arbitrator on that roster is a retired judge or possesses the requisite subject-matter experience, the parties may select another AAA arbitrator who satisfies those requirements. The arbitrator must hear the matter on consecutive business days without interruption, except in the event of a bifurcation or agreement of the parties.

Location. The arbitration shall be administered by AAA and held in Delaware, provided, however, that if a party files an arbitration demand in another location, upon request, AAA must transfer administration of the arbitration so that the arbitration is seated in Delaware; provided, further, that unless the parties agree otherwise, the arbitration will be conducted virtually via video conference and will not require any personal appearance by the parties or witnesses unless the arbitrator decides that a formal hearing is necessary. Absent a showing of good cause or otherwise agreed upon by the parties, the parties agree to conduct all hearings in Wilmington, Delaware.

Award. The arbitrator will issue a written award that states how each Dispute is resolved, with a concise statement of the essential findings and conclusions. The arbitrator may award any individual relief that would be available in an individual lawsuit under applicable law, including damages, declaratory or injunctive relief, and attorneys’ fees and costs. The arbitration award is binding only between the parties and will not have any preclusive effect in another arbitration or proceeding that involves a different party. Judgment on the award may be entered in any court with jurisdiction.

Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for the arbitration hearing, either party may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer (which, solely for purposes of offers of judgment, may include reasonable attorneys’ fees to the extent they are recoverable by statute, in an amount not to exceed the damages awarded). The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Arbitration are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual settlement offer(s) or offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.

Mass Arbitration. If twenty-five (25) or more similar Disputes are asserted against Monflex by the same or coordinated counsel or are otherwise coordinated, those Disputes constitute a “Mass Arbitration”, and you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Monflex shall each select five (5) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process; the parties may but are not required to agree in writing to modify the number of cases to be included in the bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings pursuant to this provision. In the bellwether process, a single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator during the bellwether process unless the parties agree otherwise. After decisions have been rendered in the first ten (10) cases, Monflex and all claimants shall engage in a global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the bellwether cases. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another five (5) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. After decisions have been rendered in the second group of ten (10) cases, Monflex and all claimants shall engage in a second global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the decided bellwether cases; if a global settlement cannot be reached in the second mediation, the parties also may discuss with the mediator the process for resolving the remaining cases with the benefit of the decisions in the first two (2) rounds of bellwether cases; the parties are not required to agree to any modifications to the process set forth herein. Absent a settlement or agreement to modify the procedure for arbitrating the remaining cases, in order to increase the efficiency of administration and resolution of arbitrations, the arbitration provider shall: (i) administer the arbitration demands in batches of fifty (50) demands per batch (to the extent there are fewer than fifty (50) arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one (1) arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. You agree to cooperate in good faith with Monflex and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of Disputes, including the payment of single filing and administrative fees for batches of Disputes. Each Dispute within a batch will remain a separate individual arbitration and will be decided by a separate award. No decision in one Dispute will bind any claimant or Monflex in another Dispute, except to the extent the parties expressly agree otherwise in writing. This “batch arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind. Monflex does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated Disputes under any circumstances, except as set forth in this paragraph. The statute of limitations and any filing fee deadlines shall be tolled for Disputes subject to this paragraph from the time the first cases are selected for a bellwether process until the time your case is selected to proceed, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Monflex.

Litigation Funding Disclosure. In any Mass Arbitration, you and Monflex each agree to disclose to the other: (1) all relationships with third-party litigation funders related to the Mass Arbitration, along with copies of all applicable litigation-funding agreements; and (2) any financial interest in the Mass Arbitration that the party has assigned or transferred to a third party (other than the party’s counsel of record), along with any agreements governing that assignment or transfer. These disclosures must be made within thirty (30) days after the arbitrator’s acceptance of the arbitration. If a funding relationship, assignment, or transfer arises later, the disclosure must be made within thirty (30) days after it arises.

Appeal of Certain Awards. The AAA Optional Appellate Arbitration Rules will apply to any Mass Arbitration and to any arbitration in which a final award requires either party to pay $250,000 or more. If more than one party appeals from final awards in a Mass Arbitration, the appeals will be grouped in the same or a similar way as the underlying arbitrations.

Arbitrability. Unless agreed otherwise, a court, and not an arbitrator, will decide: (1) whether an agreement to arbitrate was formed; (2) whether a claim falls within the scope of this Section 25, including whether it is a Dispute, whether it is a Privacy-Related Claim, and whether a person is a Subscription Customer or a Visitor; (3) any challenge concerning the Pre-Dispute Resolution Process, including the sufficiency of a Notice and compliance with the process; (4) any challenge concerning the Mass Arbitration procedures; (5) whether a Dispute may proceed in small claims court; and (6) any challenge to the validity or enforceability of the Class Action and Jury Waiver. Unless otherwise agreed, the arbitrator has exclusive authority to decide all other issues relating to arbitrability, including the enforceability of this Section 25. The arbitrator’s authority includes generally applicable contract defenses and any claim that this Section 25 or these Terms are unenforceable, unconscionable, void, voidable, or otherwise invalid.

Confidentiality. The arbitration is confidential. This includes all documents and information exchanged or produced in the arbitration, all filings, hearings, and testimony, and any award. A party may disclose confidential arbitration information only: (1) to the extent required by law, regulation, subpoena, court order, or other legal process; (2) to its attorneys, accountants, auditors, insurers, lenders, investors, and other professional advisors, and to its affiliates, officers, directors, and employees, who need to know the information and are bound by a duty of confidentiality; and (3) as permitted by the other party in writing. Nothing in this Section prevents a party from disclosing the contents of the arbitration to the extent reasonably necessary to: (1) seek relief in aid of the arbitration, including to compel arbitration or stay a proceeding; (2) seek interim or provisional relief as permitted herein; (3) file, confirm, enforce, modify, or vacate a final arbitration award; (4) appeal an arbitration award where permitted herein; (5) ask a court to decide any issue assigned to a court under these Terms; or (6) make disclosures otherwise required by these Terms. A party filing confidential arbitration information in court must request that it be filed under seal where the court’s rules allow.

Severability. Except as provided otherwise herein, if any part of this Section 25 (Dispute Resolution) is found unenforceable, that part will be severed and the rest of Section 25 will remain in full force and effect. If a court determines that a request for public injunctive relief may not be waived or arbitrated under applicable law, that request (and only that request) will be severed and decided by a court after all other Disputes and requests for relief are arbitrated, and the remainder of the Arbitration Agreement, including the Class Action and Jury Waiver, will remain in full force and effect. This sentence controls over any other severability or non-severability language in these Terms.

Changes to this Section and Survival. Changes to Section 25 of these Terms will take effect thirty (30) days after posting unless otherwise specified. Except as otherwise permitted by law or unless otherwise agreed by the parties, any change to this Section 25 will not apply to Disputes that arose before the change. This Section 25 will also apply to any additional terms. They survive termination of these Terms and of your Account or relationship with Monflex.

26. Time Limit to Bring Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THIS SECTION 26 DOES NOT APPLY TO ANY CLAIM ARISING FROM OUR INVESTMENT ADVISORY SERVICES, ANY CLAIM FOR BREACH OF FIDUCIARY DUTY, OR ANY CLAIM UNDER FEDERAL OR STATE SECURITIES LAWS, EACH OF WHICH IS GOVERNED BY THE INVESTMENT ADVISORY AGREEMENT AND THE LIMITATION PERIODS PROVIDED BY APPLICABLE LAW.

27. General Provisions

Operation of Service; Availability of Products and Services; International Issues. The Services are intended only for users located in the United States. Monflex makes no representation that the Services are appropriate or available for use beyond the United States. All Content contained on the Services applies to the United States market only. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service, or other feature described or available on the Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.

Severability; Interpretation. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by applicable law, you hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter.

Communications. When you communicate with us electronically, such as via e-mail, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assignment. Monflex may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice, except that any assignment of the Investment Advisory Agreement, or of these Terms insofar as they relate to the investment advisory services, requires your consent as provided in the Investment Advisory Agreement. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of Monflex.

No Waiver. Except as expressly set forth in these Terms, (i) no failure or delay by you or Monflex in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Services and you will be responsible for all charges related to them.

28. Changes

We may make administrative or non-material changes to these Terms by providing you at least five (5) calendar days advance notice. Such administrative and non-material updates shall become effective upon expiration of such five-day notice period. Your continued use of our Services after such effective date of the changes constitutes your acceptance of the revised Terms. Material changes to these Terms require advance notice to you and your affirmative acceptance before they apply to you; if you do not accept a material change, you may stop using the Services and terminate the Agreement under Section 24. Changes to the investment advisory services, including advisory scope and order authority, are made only in accordance with the Investment Advisory Agreement, and changes to Subscription Fees are made as described in Section 12.

Monflex Technology Corp.

1201 Orange Street, Suite 600, Wilmington,

New Castle County, Delaware 19801

Email: support@monflex.io