Terms of Service

Contracting Party

The Site is owned and operated solely by The Attention Capital Corporation, a Delaware corporation.

Eligibility and Authority

You represent and warrant that:

• you are at least 18 years old and have legal capacity to enter into these Terms;
• if you are acting on behalf of an entity, you have authority to bind that entity; and
• you will use the Site and any purchased products only in compliance with applicable law.

If you enter into these Terms on behalf of an organization, "you" includes both you individually and that organization.

Products and Services

Attention Capital may offer research products and related services through the Site, including reports, subscriptions, bespoke research engagements, analytical materials, and related content. Product descriptions, availability, scope, and features may change at any time in our discretion. Any product-specific terms presented at checkout or in a separate written ordering document will govern that transaction.

If there is a direct conflict between these Terms and a separately executed written agreement for bespoke services, the written agreement will control solely for that engagement.

Nature of Research — Not Investment Advice

All reports, scores, analyses, commentary, models, frameworks, and related materials made available by Attention Capital are provided for informational purposes only. Nothing on the Site or in any product constitutes, or should be construed as:

• investment advice;
• financial advice;
• legal advice;
• tax, accounting, regulatory, or compliance advice;
• a credit rating; or
• an offer, solicitation, or recommendation to buy, sell, hold, extend, refinance, or otherwise transact in any security, loan, fund interest, or other financial instrument.

Any Attention Quality Score, AQS score, ranking, output, or assessment is a proprietary research output of Attention Capital and is not a credit rating. You are solely responsible for evaluating any information provided by Attention Capital and for obtaining advice from your own professional advisers. Research may become stale or incomplete over time. Attention Capital has no obligation to update any report, score, conclusion, or other content unless expressly agreed in writing.

Orders and Payment

By submitting an order, you authorize the processing of the transaction for the amount shown at checkout, including any applicable taxes and recurring charges for subscriptions. We do not store full payment card information or other full payment credentials entered into a third-party payment environment.

We reserve the right to refuse or cancel any order, limit quantities, correct pricing or descriptive errors, and suspend or terminate access where we suspect fraud, misuse, unauthorized sharing, or other violation of these Terms. Your order is not accepted until payment is successfully processed and we provide access to the purchased product or otherwise confirm the order.

Subscription Terms and Automatic Renewal

If you purchase a subscription, it begins on the date your initial payment is processed and continues for the initial term stated at checkout.

Unless you cancel before the renewal date, the subscription will automatically renew for successive renewal terms, and the payment method you authorized at checkout will be charged the renewal price then in effect for the applicable subscription term.

You may cancel at any time. Unless otherwise required by applicable law, cancellation will take effect at the end of the then-current billing period, and you will retain access through the end of the paid subscription term. You may cancel using any cancellation mechanism we make available, which may include an online customer portal, cancellation page, or email-based cancellation method identified in the purchase flow, confirmation, or on the Site.

Except where required by applicable law, no prorated refund or credit will be provided for unused time in a subscription term.

License and Permitted Use

Subject to your compliance with these Terms and payment of applicable fees, Attention Capital grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use purchased products solely for the internal business purposes of the purchasing organization. Unless otherwise expressly agreed in writing:

• one purchase grants rights for internal use only within the purchasing organization;
• internal circulation among your employees, officers, partners, and contractors with a need to know for your internal business purposes is permitted;
• no ownership rights are transferred to you; and
• purchasing or accessing a report, score, or other output does not grant any license to the underlying methodology, model architecture, weighting logic, analytical framework, source code, training data, know-how, or other underlying intellectual property.

Prohibited Uses

You may not, and may not permit any third party to:

• redistribute, publish, post, display, transmit, disclose, or provide any product outside your organization;
• resell, sublicense, commercialize, or create a competing product or service using any product or output;
• use any report, output, dataset, or other product to develop, train, calibrate, validate, benchmark, improve, market, or support any competing scoring system, underwriting model, credit model, audience model, analytics service, or methodology;
• copy, reproduce, modify, adapt, translate, or prepare derivative works from any product except for limited internal use as reasonably necessary;
• remove copyright, trademark, confidentiality, or other proprietary notices;
• scrape, mine, harvest, extract, index, or systematically collect Site or product content, whether manually or by automated means;
• reverse engineer, decompile, disassemble, benchmark, test, model, map, infer, or otherwise attempt to derive the underlying methodology, logic, weighting, scoring framework, features, or analytical processes behind any product;
• use any product in violation of law or regulation; or
• share any access mechanism, if applicable, with unauthorized persons.

Any use beyond the express license granted in these Terms is prohibited.

Intellectual Property

The Site and all content, reports, research, text, graphics, layouts, compilations, data presentations, methodologies, scoring frameworks, models, software, trade dress, trademarks, service marks, and other materials made available by Attention Capital are owned by or licensed to Attention Capital and are protected by intellectual property and other laws. Without limitation:

• Attention Quality Score and AQS are proprietary names, marks, and research designations of Attention Capital;
• the Attention Quality Score / AQS methodology, related outputs, scoring logic, and analytical framework are proprietary to Attention Capital;
• the AQS methodology is patent-pending;
• all goodwill arising from any use of our intellectual property inures solely to Attention Capital; and
• no implied licenses are granted.

The patent-pending status of any methodology, feature, process, or output does not limit any trade secret, copyright, trademark, contract, unfair competition, or other rights of Attention Capital, all of which are expressly reserved. If you become aware of any unauthorized use, disclosure, or access relating to our products, methodology, or confidential information, you must promptly notify us.

Confidentiality and Misuse

To the extent any product, methodology description, score explanation, or non-public material is confidential or proprietary in nature, you agree to protect it using at least reasonable care and not to disclose it except as expressly permitted under these Terms. Unauthorized distribution, disclosure, reverse engineering, or misuse of our proprietary materials may cause irreparable harm for which monetary damages may be inadequate.

Refunds

Except where required by applicable law or expressly stated in a separate written agreement, all sales are final. We do not provide refunds, credits, or returns for purchased products, subscription fees, or bespoke research engagements. If you experience a technical issue that prevents access to a purchased product, contact [email protected] and we will use commercially reasonable efforts to resolve the access issue. Technical support or access remediation does not create any refund right. Nothing in these Terms is intended to waive any non-waivable statutory rights you may have under applicable law.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, ALL PRODUCTS, ALL RESEARCH OUTPUTS, AND ALL RELATED CONTENT AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. ATTENTION CAPITAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, AND QUIET ENJOYMENT. WITHOUT LIMITING THE FOREGOING, ATTENTION CAPITAL DOES NOT WARRANT THAT THE SITE OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; ANY PRODUCT WILL BE ERROR-FREE, CURRENT, OR UNINTERRUPTED; ANY REPORT, SCORE, OR ANALYSIS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY DECISION; THE SITE WILL BE SECURE OR FREE OF MALICIOUS CODE; OR ANY ISSUE WILL BE CORRECTED. YOUR USE OF THE SITE AND ANY PRODUCT IS AT YOUR SOLE RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATTENTION CAPITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, DATA, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE SITE, ANY PRODUCT, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATTENTION CAPITAL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY CLAIM, CAUSE OF ACTION, OR SERIES OF RELATED CLAIMS WILL NOT EXCEED THE AMOUNT YOU PAID TO ATTENTION CAPITAL FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE LIMITATIONS IN THESE TERMS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, AND SURVIVE EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

Indemnity

You agree to defend, indemnify, and hold harmless Attention Capital from and against any third-party claims, demands, actions, proceedings, losses, damages, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your use of the Site or any product;
• your breach of these Terms;
• your violation of applicable law;
• your misuse, redistribution, or unauthorized disclosure of any product; or
• your infringement or misappropriation of any third-party rights.

Suspension and Termination

We may suspend or terminate your access to the Site or any product, with or without notice, if we believe that you have violated these Terms, created risk for Attention Capital or others, failed to pay amounts due, or engaged in misuse of our products or intellectual property. Upon termination or expiration, your license ends immediately, you must cease prohibited uses of all materials, and provisions that by their nature should survive will survive, including provisions concerning intellectual property, confidentiality, disclaimers, limitations of liability, indemnity, and dispute resolution.

Changes to the Site or Terms

We may modify, suspend, or discontinue the Site or any product offering at any time. We may update these Terms from time to time by posting the revised version on the Site and updating the Effective Date above. Changes will become effective upon posting unless a later date is stated. Your continued use of the Site or purchase or use of any product after updated Terms become effective constitutes your acceptance of the revised Terms.

Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms, the Site, or any product will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

Except as provided below, any claim or proceeding arising out of or relating to these Terms, the Site, or any product must be brought exclusively in the state or federal courts located in Delaware, and each party irrevocably submits to the personal jurisdiction of those courts.

Notwithstanding anything to the contrary in these Terms, Attention Capital may seek temporary, preliminary, or permanent injunctive relief, specific performance, or other equitable remedies in any court of competent jurisdiction to prevent or address actual or threatened infringement, misappropriation, or misuse of its intellectual property; breach of confidentiality obligations; or unauthorized access to, disclosure of, or distribution of its proprietary materials. You acknowledge that a breach of Sections 7, 8, 9, or 10 may cause irreparable harm for which monetary damages may be inadequate.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT.

In any action or proceeding arising out of or relating to these Terms, the prevailing party will be entitled to recover its reasonable attorneys' fees, costs, and other recoverable expenses, in addition to any other relief available at law or in equity.

If you are entitled by applicable law to bring a claim in a different forum or under non-waivable consumer protection rules, nothing in these Terms is intended to prevent the application of those non-waivable rights to the extent required by law.

Miscellaneous

These Terms constitute the entire agreement between you and Attention Capital with respect to the Site and the products offered through it, except as supplemented by any separately executed written agreement for bespoke services or other expressly applicable terms. If any provision of these Terms is held unlawful, invalid, or unenforceable, the remaining provisions will remain in full force and effect to the fullest extent permitted by law. A failure or delay by Attention Capital to enforce any provision of these Terms is not a waiver of that provision or any other provision. You may not assign or transfer these Terms or any rights under them without our prior written consent. Attention Capital may assign these Terms in whole or in part without restriction. You consent to receive communications from us electronically, including by email and through the Site, and agree that such communications satisfy any legal requirement that they be in writing.

Contact

For questions regarding these Terms or legal notices: