Welcome to ValueGap.ai (“ValueGap,” “we,” “us,” or “our”). These Terms of Service / Terms of Sale (the “Terms”) form a legally binding agreement between ValueGap.ai, owned and operated by Youshie, Inc., and you, whether as an individual or as an entity you represent (“you,” “your,” “User,” or “Client”). By using or accessing our website and it’s associated dashboard (collectively, the “Website”), platform, tools, products, software, content, applications (including mobile applications), or services (collectively, the “Services”), you agree to abide by these Terms and our Privacy Policy, both of which govern your use of our Services.
If you do not agree to these Terms or our Privacy Policy, you must refrain from using or accessing our Services. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the authority to bind such entity, and all references to “you” or “your” refer to that entity.
1. Overview of Our Services
1.1 Purpose. ValueGap provides valuation tools, financial data, and pre-calculated financial models to investors and other Users (collectively, “Valuation Services”). We do not engage in rendering legal, accounting, investment, or other professional advice. Your use of the Services and any content, data, or information obtained on or through the Services is at your own risk.
1.2 No Investment Advice. All content is provided on an “as-is” and “as-available” basis, solely for informational and educational purposes. Nothing on the Website or otherwise through our Services constitutes investment advice or recommendations to buy or sell securities or other financial instruments. We do not guarantee or warrant the accuracy, completeness, or fitness for a particular purpose of any content, data, or information.
1.3 Eligibility. You represent and warrant that you: (a) are at least the age of majority in your jurisdiction; (b) can form a legally binding contract; and (c) will comply with these Terms and all applicable laws, rules, and regulations.
2. Account Registration and Responsibilities
2.1 Account Creation. To access certain features of our Services, you may need to create an account. When you create an account, you agree to provide accurate, current, and complete information. You also agree to keep your account information updated. You are solely responsible for maintaining the confidentiality of any login credentials and for any activities that occur under your account.
2.2 Unauthorized Access. If you suspect that your account has been accessed without authorization, you must notify us immediately. We are not liable for any losses you incur as a result of unauthorized use of your account. We reserve the right to suspend, disable, or terminate your account if your activities—or those conducted under your credentials—violate these Terms or any applicable laws or regulations.
2.3 Retail vs. Corporate Use.
Retail Users: You qualify as a retail (individual) user if (i) you are not representing a business, school, or any other organization; (ii) you do not manage money for others; (iii) you are not registered with the SEC, CFTC, or any other regulatory body as an investment professional; and (iv) you do not receive compensation from third parties in connection with your trading or analysis.
Corporate Users: If you represent a business, school, organization, or if you use our Services in a professional capacity (e.g., managing money for clients, charging fees for research or data), you must purchase a separate corporate or enterprise license. We reserve the right to suspend or terminate any retail subscription that violates this distinction, without refund.
3. Subscriptions, Fees, and Payment
3.1 Subscription Plans. ValueGap offers various subscription tiers with different features and pricing (“Subscription Fee”). The Subscription Fee, if any, will be disclosed at the time of purchase or upgrade. Unless otherwise specified, fees are charged on a recurring basis (e.g., monthly or annually) and are billed in advance.
3.2 Payment Methods. We may use third-party payment processors to handle billing. By providing payment information, you represent and warrant that you have the legal right to use the selected payment method. We reserve the right to refuse or cancel any order or subscription if fraud or an unauthorized or illegal transaction is suspected.
3.3 Free Trial. We may offer a free trial for certain subscription tiers. If we do offer a free trial, it may last a specified number of days, as stated during sign-up. Free trials will end exactly after the stated period (e.g., 7 × 24 hours if a 7-day trial), and we will begin billing you automatically unless you cancel before the trial ends.
3.4 Refund Policy. Except where prohibited by law, we do not offer refunds on subscription fees except in cases of billing errors on our end. It is your responsibility to cancel any subscription on time if you do not wish to incur further charges. If you dispute a charge, you agree to contact us first at support@valuegap.ai before initiating a chargeback or reversal. Initiating a chargeback without contacting us to resolve the issue may lead to immediate account termination.
3.5 Cancellation. You may cancel your subscription at any time by visiting your account settings or contacting our support. Upon cancellation, your subscription will remain active until the end of the current billing cycle. You agree to permanently delete or destroy all proprietary data and content obtained through ValueGap upon cancellation, unless otherwise allowed by a separate agreement with us.
4. User Conduct and Restrictions
4.1 Prohibited Activities. You agree not to:
Use the Services for any purpose not expressly permitted by these Terms.
Interfere with the proper functioning of the Website or Services, or any networks connected thereto.
Copy, modify, create derivative works of, reverse engineer, or disassemble any part of the Services.
Upload, post, or transmit any malicious code, viruses, or otherwise harmful content.
Use automated means (including scripts or bots) to collect information from the Website or to otherwise interact with the Services.
Impersonate any person or entity or misrepresent your affiliation with any person or entity.
Post or transmit content that is unlawful, defamatory, harassing, obscene, hateful, or infringes on any third party’s rights.
4.2 User-Generated Content. If the Services allow you to upload or post any content (e.g., comments, notes, or other materials), you are solely responsible for such content. By posting content, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, distribute, display, and create derivative works from such content. We may monitor or remove any posted content at our discretion and without notice.
5. Intellectual Property
5.1 Ownership. All trademarks, logos, service marks, trade names, designs, text, graphics, software, and other materials (collectively, the “ValueGap IP”) included in or made available through the Services belong to ValueGap, its licensors, or any third-party providers, as applicable. Nothing in these Terms transfers any right, title, or interest in the ValueGap IP to you.
5.2 License Grant. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business or personal purposes only, depending on your selected plan. Except for the limited license granted here, all rights, title, and interest in the Services remain with us.
5.3 Third-Party Content. Our Services may incorporate or link to content from third parties. We do not endorse or assume any responsibility for third-party content, nor do we guarantee its accuracy or completeness. Any use of third-party content is at your own risk.
6. Maintenance, Availability, and Updates
6.1 Maintenance Windows. We or our third-party providers may need to perform routine or emergency maintenance that may affect the availability or functionality of the Services. We will endeavor to minimize disruptions, but we make no guarantees about Service uptime.
6.2 Service Commitment. While we strive for 99% uptime or better, we do not guarantee uninterrupted access to the Services. In the event of a severe outage or downtime, we may, in our sole discretion, offer a partial credit to subscribers if such downtime materially impacts the Service. This credit, if offered, is your sole and exclusive remedy for downtime.
6.3 Updates and Changes. We reserve the right to modify, suspend, withdraw, or discontinue any part of the Services, including features and pricing, at any time, with or without notice. By continuing to use the Services, you agree to any modifications to the Terms.
7. Disclaimer of Warranties
7.1 AS-IS BASIS. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
7.2 No Guarantee of Accuracy. We do not warrant or guarantee that the Services will be free from errors, defects, or inaccuracies, or that the Services will be secure, uninterrupted, or free of harmful components. You assume full responsibility and risk for your use of the Services.
7.3 Investment Risk. We do not endorse or recommend any particular securities or other financial instruments. Any decision to buy, sell, or hold a security is solely your responsibility and is made at your own risk.
8. Limitation of Liability
8.1 Exclusion of Damages. To the fullest extent permitted by applicable law, in no event will ValueGap / Youshie, Inc., its affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits, business interruption, or loss of data arising out of or related to these Terms or your use of (or inability to use) the Services, even if we have been advised of the possibility of such damages.
8.2 Cap on Liability. To the extent permitted by law, in no event shall our total liability to you for all claims arising from or related to these Terms or your use of the Services exceed the amount paid by you to us in the preceding twelve (12) months, or one hundred U.S. dollars (US $100), whichever is greater.
8.3 Essential Purpose. You acknowledge that the disclaimers, exclusions, and limitations of liability in these Terms form an essential basis of the bargain between the parties and that, absent these disclaimers, exclusions, and limitations, the terms and conditions would be substantially different or unavailable.
9. Indemnification
You agree to defend, indemnify, and hold harmless ValueGap / Youshie, Inc., its affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, liabilities, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your breach of these Terms; (ii) your misuse of the Services; (iii) your violation of any law or third-party right; or (iv) any claim that your User-Generated Content caused damage to a third party.
10. Termination
10.1 Term and Termination. These Terms remain effective unless and until terminated by either you or us. You may terminate by cancelling your subscription and ceasing to use the Services. We may terminate or suspend your access to the Services at any time, with or without cause or notice, if you violate these Terms or if we decide to discontinue the Services.
10.2 Effect of Termination. Upon termination, all rights granted to you under these Terms cease, and you must immediately stop using the Services. Sections pertaining to limitations of liability, disclaimers, intellectual property, dispute resolution, and indemnification shall survive the termination of these Terms.
11. Dispute Resolution and Arbitration
11.1 Informal Resolution. In the event of any dispute, you agree to first contact us and make a good-faith effort to resolve the dispute informally before resorting to more formal means.
11.2 Arbitration Agreement. Except where prohibited by law, any dispute or claim arising from or relating to these Terms or the Services that cannot be resolved informally shall be finally resolved by binding arbitration in accordance with the rules of the province, state, or country in which ValueGap is headquartered. Judgment on the arbitration award may be entered in any court having jurisdiction. You and ValueGap each waive the right to a trial by jury.
11.3 Class Action Waiver. You agree that any claim shall be conducted on an individual basis and not as a class action or other representative action. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
11.4 Opt-Out. If you are an individual, you may opt out of the foregoing arbitration agreement by emailing us a clear statement of your intent to opt out within thirty (30) days of your first use of the Services. If you opt out, only the “Governing Law and Venue” section below applies to you.
12. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ValueGap is headquartered, without regard to its conflict of law principles. The parties agree that any dispute not subject to arbitration shall be litigated exclusively in the courts located in that jurisdiction, and you consent to personal jurisdiction in those courts.
13. Miscellaneous
13.1 Changes to Terms. We reserve the right to modify these Terms at any time, in our sole discretion. When we do, we will post the updated Terms on our Website and update the “Last Updated” date at the top. Your continued use of the Services after such posting constitutes your acceptance of any new or modified Terms.
13.2 Entire Agreement. These Terms, together with our Privacy Policy, any subscription terms, and any other legal notices published by us, constitute the entire agreement between you and ValueGap regarding your use of the Services. They supersede any prior agreements or understandings.
13.3 Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
13.4 No Waiver. No failure or delay by ValueGap to enforce any right or provision of these Terms shall be deemed a waiver of such right or provision.
13.5 Assignment. We may assign any or all of our rights or obligations hereunder without restriction. You may not assign your rights or obligations under these Terms without our prior written consent.
13.6 Notices. Any notices or communications provided by ValueGap under these Terms may be given via email or by posting to the Services. For questions or concerns about these Terms, you may contact us at:
support@valuegap.ai
Thank You
Thank you for reading our Terms of Service / Terms of Sale. By using ValueGap.ai, you acknowledge that you have read, understood, and agreed to these Terms. If you have any questions or concerns, please contact us before using the Services.
Last Updated: January, 2025