Terms of Use

Your Account

You may be required to create an account to use of the certain parts of the Website or the Constant App. When you create an account, you will be required to pick a user name and a password. You may not disclose your user name or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately.

The Constant App is intended to be a supplement, not a replacement, to your online Constant Account (your “Accounts”). All agreements and disclosures that you have entered into in connection with or that apply to your Account(s) with Constant Energy Capital Management, Inc. and each and every current and future affiliate of Constant Energy Capital Management, Inc., also apply to the Constant App and your use thereof.

Use of the Constant App

You agree to use the Constant App in accordance with these Terms of Use and any applicable usage rules of any third-party mobile telephone, tablet or other device (each a “Mobile Device”) or service provider or the third party from whom you are downloading this Constant App (the “App Venues”). Supported App Venues include iTunes and Google Play; other App Venues are NOT supported. It is your responsibility to review the terms and conditions of any App Venue and to determine what usage rules of such App Venue apply to you depending on (i) your Mobile Device, (ii) the method by which you downloaded the Constant App, and (iii) the App Venue from which you downloaded the Constant App (collectively, the “Usage Rules”).

Constant may offer services to you through the Constant App (the “Services”). You acknowledge and understand that certain Services available to you through the Constant App, including, but not limited to, your ability to conduct financial transactions or view your account balances, require data access or wireless internet capability. You agree that you are responsible for any such data access or wireless internet charges of your Mobile Device service provider. The Constant App is designed to be accessible on multiple types of Mobile Devices and operating systems. Constant does not, however, make any representation or warrant that the Constant App will be compatible with your Mobile Device or any specific operating system version of your Mobile Device or any other hardware, software, equipment or device installed on or used in connection with your Mobile Device. You agree that your functional use of the Constant App may be affected by or dependent on your wireless connection and speed or your wireless service provider.

The functionality of the Constant App could become disabled during times of poor connections or speeds from your wireless or internet service provider while conducting financial transactions, including, but not limited to, when you are attempting to change your portfolio. You agree that it is your responsibility to verify the status of any attempted transaction by reviewing your Account or contacting Constant Customer Support at 1-207-494-5009 or online at www.constant.ai You acknowledge and agree that Constant, and its affiliates, agents and licensors, shall have no liability to you for any losses, financial or otherwise, suffered by you arising out of or resulting from compatibility or inoperability problems or the failure of or your failure to confirm any attempted transaction.

You acknowledge, understand and agree that your use of the Constant App and your access to your Account through the Constant App is governed by your Account Agreements to which you have previously agreed to with Constant Energy Capital Management, Inc. and each and every current and future affiliate of Constant Energy Capital Management, Inc., in addition to these Terms of Use.Changes and Modifications

Constant reserves the right to temporarily or permanently modify or discontinue the Website or the Constant App, or any portion of the Website or the Constant App, for any reason, at our sole discretion, and without notice to you. Constant may also change the Terms of Use from time to time without notice to you. Please review these Terms of Use from time to time, because your continued access or use of the Website or the Constant App after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.

Links

This Website or the Constant App may contain links to websites maintained by non-affiliated third parties. Such websites may have Terms of Use, Privacy Policies, or security practices that are different from those of Constant. Constant does not endorse or recommend, and hereby disclaims any liability for, any information or products offered at such websites.
No Warranty

Constant does not warrant the accuracy, adequacy or completeness of the information provided on the Website or Constant App and expressly disclaims liability for any errors or omissions in such information. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information. Calculators and tools on the Website or Constant App provide you with ESTIMATES that may be different than actual amounts.

Use of Personal Data

Constant and its subsidiaries use third party service providers to retrieve certain personal data from non-affiliated financial institutions which hold accounts on your behalf. These service providers retrieve financial information such as holdings, balances and transactions. Constant Energy Capital and its subsidiaries use this personal data for our business purposes in a manner that is consistent with our Privacy Statement.

Constant and its subsidiaries may use your personal data, user data and other information collected through the Website or Constant App to help us improve the content and functionality of the Website or Constant App, to better understand our customers and markets, to improve our products and services and to effect and facilitate sales.

Constant and its subsidiaries may use this information to contact you, electronically, through telemarketing or otherwise, in the future to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt out” of receiving future communications.

Consumer Communications

By accepting these Terms of Use, you expressly consent to be contacted by Constant, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your account, which includes, but not limited to, your user profile or any account used in connection with a product offered by Constant Energy Capital Management, Inc. or its affiliates, at any telephone number, or any physical, email, or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) calls using prerecorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto-dialer) or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave messages on your answering machine, voice mail, or send messages via text. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. CONSTANT AND OUR AGENTS, REPRESENTATIVES, AFFILIATES AND ANYONE CALLING ON OUR BEHALF MAY USE SUCH MEANS OF COMMUNICATION DESCRIBED IN THIS SECTION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, E-MAILS OR OTHER MEANS.

1. In order to access, view, and retain SMS Notifications that we make available to you, you must have: (i) a SMS-capable mobile phone, (ii) an active mobile phone account with a communication service provider; and (iii) sufficient storage capacity on your mobile phone.
2. All SMS Notifications in electronic format from us to you will be considered “in writing.”
3. There is no service fee for SMS Notifications but you are responsible for any and all charges, including but not limited to fees associated with text messaging, imposed by your communications service provider. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account status or settings. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you.

Push Notifications (“Alerts”)

You agree to be contacted by Constant , our agents, representatives, affiliates, about your account activity, balances, and other information, such as payment reminders or suspicious activity. When you consent to these Terms of Use, you are agreeing to receive Alerts through push notification(s). Receipt of Alerts may be delayed or prevented by factor(s) affecting your internet/phone provider or other relevant entities. Constant is not liable for losses or damages arising from:

1. Non-delivery, delayed delivery, or the erroneous delivery of any Alert.
2. Inaccurate Alert content.
3. Your use or reliance on the contents of any Alert for any purposes.

The information in any Alert may be subject to certain delays. Each Alert may not be encrypted, and may include your name and information pertaining to your account(s). Constant may terminate your use of Alerts at any time without notice. You may choose to discontinue receiving Alerts by updating your Constant App Notifications preferences.

Call Recording

You agree that Constant and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded line.

Limitation of Liability

You agree that all access and use of the Website, the Constant App and their contents is at your own risk. In no event shall Constant be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website or the Constant App or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Constant or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Intellectual Property Rights of the Constant App

You acknowledge and agree that the Constant App and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are owned by Constant or its affiliates, agents or licensors, as applicable. All rights, title and interest in and to the Constant App are reserved by Constant and its affiliates, agents or licensors, as applicable. All trademarks (including logos, service marks, trade names and icons), copyrights, patents, trade secrets, content, publicity rights and other intellectual property (collectively, the “Intellectual Property”) are proprietary to Constant, its affiliates, agents or licensors. You may not remove any proprietary notices, including, but not limited to, copyright and trademark notices, from the Constant App or alter, obscure or modify such notices in any way. Except as expressly stated in this license, you are not granted any intellectual property rights in or to the Constant App by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Constant.

You acknowledge and agree that, in the event of a third-party claim that the application infringes any third party’s intellectual property rights caused by or arising out of your use of the Constant App, you (and not Constant or any third-party Mobile Device service provider or App Venue) shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim or suit, any third-party claims or any other harm or damages caused by, arising out of or resulting from your use of or access to the Constant App.
You hereby release Constant and its employees, officers, directors, affiliates, agents and licensors from any and all liability caused by, arising out of or resulting from your use of the Constant App or the Services, including from product liability claims or any claim that the Constant App fails to conform to any legal or regulatory requirement. You will, however, promptly notify Constant in writing of any such claim.

Because Constant values the protection of its intellectual property, it seeks to respect other individual’s intellectual property rights. If you believe that material on our Constant App violates your copyright, please notify us at info@constant.ai. Constant will respond to all copyright infringement notices that it receives and respond appropriately by removing infringing material if necessary. If a member repeatedly infringes upon copyrights, his or her account may be subject to termination at Constant’s discretion.

You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

Indemnification

You shall indemnify, defend and hold harmless Constant and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Constant App; (ii) your breach of this License; (iii) your violation of law in connection with this License; (iv) your negligence or willful misconduct in connection with this License; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

Export Control

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that you are not (x) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (y) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that you will not use the Application for any purposes prohibited by United States law.

Term

This License shall be effective until terminated.

Termination

Constant may, in its sole and absolute discretion, at any time and for any or no reason and with or without prior notice, suspend or terminate this License and the rights afforded to you hereunder. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Constant. Upon the termination of this License, you shall cease all use of the Application and uninstall the Application.

Applicable Law

You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Website or the Constant App. Our Website and the Constant App is available only to individuals who are permitted to use it under applicable law. Additionally, the Website and Constant App are intended only for personal, non-commercial use and display by U.S. residents aged 18 years and over. If you do not qualify, please do not use our Website or the Constant App. You agree to comply with all applicable laws, rules and regulations regarding the export of technical data from the U.S. You agree to be solely responsible for your actions and the contents of your transmissions through the Website or the Constant App. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You represent and warrant that you possess the legal right and ability to enter into these Terms of Use and the License, and to use the Website or the Constant App in accordance with these Terms of Use. Unauthorized use of this Website or the Constant App, including but not limited to unauthorized entry into Constant’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.

These Terms of Use and the License shall be governed in all respects by the substantive laws of the State of New York, without regard to its provisions relating to conflict of laws. You and Constant agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York County, New York. The failure of Constant to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use or the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use or the License remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Website, the Constant App, or these terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.