SOFTWARE AS A SERVICE (SAAS) AGREEMENT
Welcome to RIA Growth Catalyst!
This Software as a Service (SaaS) Agreement (hereinafter referred to as the "Agreement" or "Terms" or "Terms of Use" or "Terms & Conditions" or "Terms of Service") shall govern the relationship between our company and you. This website is owned and operated by:
Company Name: RIA Growth Catalyst LLC Entity Type: Limited Liability Company Principal Office: 4305 Glenleigh Dr., Dallas, TX, 75220 USA
(here simply referred to as "Company" or "RIA Growth Catalyst" or "us" or "our" or "we"). You are here simply referred to as "you" or "your" or "user" or "users" or "customers". This Agreement shall govern your use of our website — https://riagrowthcatalyst.com/ (hereinafter referred to as the "website" or "Site" or "Platform").
RIA Growth Catalyst offers a website-integrated dashboard specifically designed for researching the Registered Investment Advisor industry. It provides detailed data insights and analytics to support the merger and acquisition process for Registered Investment Advisors. This tool is essential for users looking to navigate the complexities of the RIA market and make strategic decisions effectively. (Hereinafter referred to as the "Service")
This Agreement ensures you are informed about your rights and obligations when using our services. Please read this Agreement carefully, as these, along with our Cancellation & Refund Policy and Privacy Policy statement forms the entire agreement between you and RIA Growth Catalyst. If you do not accept this Agreement in its entirety, then you may not use the website, or any of our services.
1. Definitions
As used herein the following terms have the following meanings, unless the context otherwise requires:
a) "Agreement" refers to this SaaS Agreement including all its terms and conditions under which the user is granted access to our services.
b) "Analytics" means the collection, analysis, and use of data regarding the usage of the dashboard to understand and optimize user interaction and market trends.
c) "Content" refers to any data, text, graphics, images, music, software, audio, video, information, or other materials appearing on the website.
d) "Dashboard" refers to the interactive platform provided as part of our services that offers data insights and analytics for researching the Registered Investment Advisor industry.
e) "Data" refers to any facts, information, or statistics collected through the dashboard for use in analysis or reasoning to support business decisions in the RIA market.
f) "Party" refers to either the user or RIA Growth Catalyst LLC, and "Parties" refers to both the user and RIA Growth Catalyst LLC collectively.
g) "Services" refers to the access and use of the website-integrated dashboard provided by RIA Growth Catalyst LLC, including all features, functionalities, tools, and content offered as part of the dashboard.
h) "Subscription Plan" refers to the various tiers of service offered by RIA Growth Catalyst LLC, which users can subscribe to. Each plan varies in cost, features, and duration and is chosen by the user during the registration or upgrade process.
i) "User" or "Client" means any individual or entity that registers and uses our services by agreeing to the terms of this Agreement.
2. Acceptance of This Agreement
By accessing or using our website, or by using our services, or by clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:
You have read, understood, and agreed to be bound by this Agreement and any future updates and additions to this Agreement, as published from time to time at the website.
You are of sound mind, at least 18 years in age (or older as per the valid age of consent in your jurisdiction), and otherwise competent to form a binding contract with us. If you are not of the age of majority, then you cannot use our website or our services. By using the website, you represent and warrant that you meet all of the foregoing eligibility requirements.
If you are using the website on behalf of an organization or entity, you represent that you have the authority to bind such organization to this Agreement.
We must not have previously disabled your account for violation of law or any of our policies.
You have read, understood, and consented to our Cancellation & Refund Policy and Privacy Policy statement as these policies are integral parts of the terms and conditions governing your use of our services.
3. Account Creation
a) Eligibility and Registration Requirements: To use our services, you must register for an account and provide accurate and complete information. You confirm that you are of legal age to form a binding contract in your jurisdiction and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions.
b) Account Setup: During the registration process, you will be required to provide your name, company affiliation, email address, and any other information needed to complete the setup of your account. You may also choose to log in using authorized third-party social accounts, such as Office365, where applicable.
c) Account Security: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. You must notify RIA Growth Catalyst LLC immediately upon becoming aware of any breach of security or unauthorized use of your account.
d) Account Use: You must not use your account or the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright and intellectual property laws).
4. License Grant
a) Grant of License: Subject to the receipt of the applicable fees, RIA Growth Catalyst LLC hereby grants you a non-exclusive, non-transferable, revocable license to access and use the website-integrated dashboard and its features solely for your internal business purposes. This license is subject to the terms of this Agreement and does not include any right to perform or make available the service to third parties, resell, distribute, or otherwise commercially exploit the service.
b) Scope of Use: You are permitted to use the service for researching the Registered Investment Advisor industry, including accessing data insights and analytics provided through the dashboard. The use of the service is limited to the authorized purposes as defined in this Agreement.
5. Allowed Uses of the Platform
a) Market Research: Users are permitted to use the platform for conducting market research related to the Registered Investment Advisor industry.
b) Data Analysis: You may analyze data provided on the platform to identify trends, patterns, and opportunities within the RIA market.
c) Business Planning: The platform can be used to aid in strategic planning, including but not limited to mergers and acquisitions planning for RIAs.
d) Reporting: Users may generate reports based on the data collected and analyzed through the platform to support business decision-making.
e) Performance Tracking: The dashboard allows users to track the performance of different RIAs, comparing historical and current data to assess growth and performance.
f) Benchmarking: You can use the platform to benchmark your business against others in the industry using the metrics and analytics provided.
g) Collaboration: Users can collaborate with team members by sharing insights and analytics derived from the platform to enhance strategic discussions and alignment.
h) Educational Purposes: The platform can be utilized for educational purposes, helping users understand the dynamics of the RIA industry through real-time data.
i) Information: Whenever prompted, you must provide us with the correct, accurate, and updated information. These will be handled in accordance with the Privacy Policy statement posted on our website.
j) Material: For the purposes of this Agreement, "material" shall mean any text, sound, video, graphics, content, published on the website, whether a copyright of RIA Growth Catalyst, its licensors or any third party. (Unless stated otherwise) You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise to create a database in electronic or paper form comprising all or part of the material appearing on the website. Unless stated otherwise, you must not reproduce any part of the website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so. However, you are allowed to use the content so generated by you using our platform in such form and manner as allowed in this Agreement.
6. Prohibited Uses
a) Illegal Activities: You may not use the platform for any illegal purposes, nor to promote or conduct activities that are illegal in nature.
b) Unauthorized Access: Attempting to gain unauthorized access to the platform's underlying systems or networks is strictly prohibited.
c) Distribution of Malware: You are prohibited from uploading, distributing, or otherwise transmitting any kind of malware or other malicious code through the platform.
d) Infringement of Intellectual Property: You may not use the platform in a way that infringes, violates, or misappropriates any third party's intellectual property rights or other proprietary rights.
e) Misrepresentation: Impersonating another person or entity, or falsely misrepresenting your identity or affiliation with a person or entity, is not permitted.
f) Data Harvesting: Scraping, data mining, or any other form of data extraction or data harvesting from the platform without prior permission is forbidden.
g) Excessive Usage: Abusing or excessively using RIA Growth Catalyst's services, in a manner that significantly exceeds normal usage patterns, is not permitted.
h) Bypassing Security Measures: Attempting to bypass, disable, or otherwise interfere with any security-related features of RIA Growth Catalyst, or features that prevent or restrict use or copying of any content, is prohibited.
i) Interference with Operations: You must not engage in any activity that interferes with or disrupts the platform's services or the servers and networks which are connected to the services.
j) Decompiling or Reverse Engineering: Decompiling, reverse engineering, or attempting to extract the source code of the software or any part thereof, unless laws prohibit these restrictions, is not allowed.
k) Illegal Activities: Engaging in any illegal activities or using RIA Growth Catalyst to promote illegal activities is strictly forbidden. This includes, but is not limited to, sharing content that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law.
7. Responsibilities of the Client
a) Account Security: Clients are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.
b) Accurate Information: Clients must provide accurate, current, and complete information during the registration process and must keep this information up-to-date.
c) Compliance with Agreement: Clients must comply with all terms and conditions of this agreement and any policies or guidelines referenced herein.
d) Payment Obligations: Clients are responsible for timely payments of any fees associated with their use of the platform.
e) Legal Compliance: Clients must use the platform in compliance with all applicable local, state, national, and international laws and regulations.
f) Respect Intellectual Property: Clients must respect the intellectual property rights of RIA Growth Catalyst LLC and third parties. Any unauthorized use of materials or content from the platform is strictly prohibited.
g) Notification of Security Breaches: Clients must promptly notify RIA Growth Catalyst LLC if they become aware of any unauthorized use of their account or any other security breaches.
h) Data Backup: Clients are responsible for maintaining adequate backups of any data they input into the platform to prevent data loss.
8. Intellectual Property Rights
a) Intellectual Property of RIA Growth Catalyst: RIA Growth Catalyst LLC exclusively owns all intellectual property rights in and to the platform, including without limitation, its overall design, appearance, all component therein, user interface, layout, color scheme, design elements, graphics, functionalities, system software, source code, and proprietary algorithms. Additionally, all written content, data compilations, analytics methodologies, interactive features, and other materials produced or available through the platform are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
b) Trademark: The trademarks, service marks, logos, and branding associated with RIA Growth Catalyst (including the name "RIA Growth Catalyst LLC", the logo, and any slogans or catchphrases) are the sole property of RIA Growth Catalyst LLC. Unauthorized use of any trademarks appearing on the platform is strictly prohibited and may violate trademark law.
c) Copyright: The copyright in the platform's content, including text, computer code, graphical designs, layouts, and user-interface elements, is owned by RIA Growth Catalyst LLC. Users are granted a limited license to access and use the platform for legitimate, authorized purposes as outlined in this agreement. Any other use, including copying, reproduction, modification, distribution, transmission, or display of the content of the platform is strictly prohibited.
d) Use for Marketing Purposes: You hereby grant RIA Growth Catalyst a non-exclusive, perpetual, worldwide, royalty-free, and irrevocable license to use your name, logo, trademarks, and general descriptions of the services provided under this Agreement for promotional, marketing, and advertising purposes. This includes, but is not limited to, displaying your name, logo, and project details on our website, in case studies, presentations, and other promotional channels. You also grant us the right to use digital representations of the work completed for you, such as screenshots, visual descriptions, and performance data, provided no confidential information is disclosed. We agree not to sell or otherwise commercially exploit your name, logo, trademarks, or proprietary materials to any third party without your prior written consent.
e) User-Generated Content: Should users contribute, post, or share any content, including text, images, video, or other media, they retain their ownership rights to such user-generated content. However, by posting content on the platform, users grant RIA Growth Catalyst LLC a perpetual, worldwide, royalty-free license to use, copy, modify, distribute, publish, and process the information contained in such content without any further consent, notice, and/or compensation to the user or others.
f) Prohibition: Users of the platform must not engage in any activity that infringes upon the intellectual property rights of RIA Growth Catalyst LLC or any third party. This includes any unauthorized copying, reproduction, or distribution of the platform's content or any part thereof.
g) Protection of Intellectual Property: RIA Growth Catalyst LLC takes intellectual property rights seriously and encourages users to contact the company immediately if they believe their own intellectual property rights have been infringed by the platform. RIA Growth Catalyst LLC commits to investigating such claims and will take appropriate actions, which may include removing the infringing content and terminating the offender's account.
h) Feedback and Suggestions: Any feedback, comments, ideas, improvements, or suggestions provided by users to RIA Growth Catalyst regarding the website or its services shall remain the sole and exclusive property of RIA Growth Catalyst. RIA Growth Catalyst shall be free to use, copy, modify, publish, or redistribute the feedback for any purpose and in any way without any credit or any compensation to the user.
9. Confidentiality Restriction
a) Confidential Information: You agree that all information, data, business strategies, market insights, dashboard layouts, features, functionalities, source data, internal processes, pricing models, research methods, and any other materials or know-how shared by RIA Growth Catalyst LLC, whether directly or through the platform, shall be treated as confidential ("Confidential Information"). This includes all content and materials not generally known or available to the public.
b) Obligation to Keep Confidential: Your obligations under this Section 9 to maintain the confidentiality of the Company's Confidential Information shall remain in effect until your access to our platform, and for a period of five (5) years following your last use/access. Notwithstanding the foregoing, your obligations to protect and refrain from disclosing our trade secrets shall survive indefinitely, for as long as such information remains confidential and proprietary to our Company.
c) Use Limitation: You agree not to use any Confidential Information for any purpose other than as strictly necessary to use the platform and services in accordance with this Agreement. You will not use the Confidential Information to compete with RIA Growth Catalyst LLC or for your own personal or business benefit, whether directly or indirectly.
d) Internal Access Only: You must limit access to the Confidential Information only to those of your internal personnel who have a legitimate need to know such information for the permitted use, and who are bound by obligations of confidentiality at least as strict as those contained in this Agreement.
e) Protection of Confidential Data: You must use the same level of care to protect the Confidential Information as you use to protect your own confidential information, but in no case less than a reasonable standard of care. If you become aware of any unauthorized use or disclosure, you must inform RIA Growth Catalyst LLC immediately.
f) Exclusions: Confidential Information does not include information that:
Was already lawfully known to you before access to the platform;
Is independently developed by you without use of RIA Growth Catalyst's Confidential Information.
The burden of providing that one or both of the above exceptions apply to you, is solely upon you.
g) Return or Destruction: Upon termination or expiration of your access, or upon request by RIA Growth Catalyst LLC, you agree to promptly return or permanently delete all Confidential Information in your possession or control, including from devices, servers, and backups.
h) Legal Disclosure: If you are required by law or court order to disclose any Confidential Information, you must first notify RIA Growth Catalyst LLC in writing (unless prohibited by law), so that we may seek protective measures.
i) Remedies for Breach: Any unauthorized disclosure or use of Confidential Information will cause significant harm to RIA Growth Catalyst LLC. We reserve the right to seek legal and equitable remedies, including but not limited to injunctive relief, to prevent or address a breach.
10. Non-Compete Restriction
a) Purpose of Non-Compete: To protect RIA Growth Catalyst's unique product, data, platform structure, and business model from being copied, reproduced, or re-created by clients who gain access to the platform.
b) No Competing Products or Services: You agree that for a period of three (3) years from the date of your last access to or use of the platform, you will not, directly or indirectly, create, develop, market, license, sell, or offer any software, website, dashboard, product, or service that competes with or is similar to the platform and services provided by RIA Growth Catalyst LLC. This includes any tool or platform that provides data, analytics, insights, or reporting tools for the Registered Investment Advisor (RIA) market or M&A-related insights in the RIA industry.
c) No Involvement in Similar Businesses: You agree not to assist, work for, or consult with any business or individual that is working on or planning to build a competing platform or service. This includes giving advice, sharing ideas, sharing code, or working as a freelancer, consultant, employee, or partner in any similar business.
d) Scope of Restriction: This restriction applies worldwide, regardless of where the competing business or platform is located, because the RIA industry and SaaS products like ours are not limited by geography.
e) Exceptions: This non-compete obligation does not apply if you have received express written permission from RIA Growth Catalyst LLC, which may be granted at our sole discretion. Also, this does not prevent you from working in the financial services sector generally, as long as your work does not involve building or offering a competing software or dashboard like ours.
f) Purpose of the Restriction: You understand and agree that this restriction is necessary to protect the significant time, investment, proprietary work, trade secrets, and know-how used in building our platform, and to prevent misuse of our systems and tools by clients seeking to replicate the product.
g) Legal Remedies: If you violate this non-compete obligation, RIA Growth Catalyst LLC has the right to take legal action, including seeking an injunction to stop the competing activity, and pursuing damages for losses caused by the breach. You will also be responsible for any legal fees we incur in enforcing this provision.
h) Reasonableness of Terms: You acknowledge that this non-compete clause is reasonable in scope, duration, and geographic coverage, and is necessary to protect our legitimate business interests. You confirm that you understand the restriction and are freely agreeing to it as a condition of using our platform.
i) Severability: If any part of this non-compete obligation is held to be invalid, illegal, or unenforceable under applicable law, the remainder of this clause shall remain valid and enforceable to the fullest extent permitted by law. The court shall modify such unenforceable portion to reflect the original intent of the parties as closely as possible, while ensuring compliance with applicable laws.
11. Fees and Payment
a) Pricing Structure: The fees for using the platform are based on the subscription plan chosen by the client at the time of registration or upon upgrading their service. The current pricing structure is as follows:
Standard Plan: $1,350 per month if billed annually, or $1,500 per month if billed monthly.
Premium Plan: $1,980 per month if billed annually, or $2,200 per month if billed monthly.
Details of the pricing structure, including any additional features, are outlined on our website and can be accessed at any time.
b) Subscription Period and Auto Renewal: Subscription periods offered are either monthly or annually, depending on the plan chosen. Each subscription automatically renews at the end of their respective periods, unless cancelled by the client prior to the renewal date. The fees associated with renewals will be automatically charged to the client's designated payment method.
c) Payment Methods: RIA Growth Catalyst LLC accepts payments through various methods, including credit cards, debit cards, and online payment platforms such as Stripe. All payment information is processed and secured by our payment gateway partners, and no payment information is stored on our servers.
d) Late Payments: Clients are expected to make timely payments in accordance with the terms of their selected subscription plan. Late payments may result in temporary suspension of service until all outstanding fees are paid. Continued failure to make payments may lead to termination of the subscription.
e) Fee Adjustments: RIA Growth Catalyst LLC reserves the right to modify subscription fees or introduce new charges at any time, upon reasonable notice to clients, which may be sent by email or posted on our website. Fee changes will take effect at the start of the next subscription period following the date of the fee change.
f) Refund Policy: The subscriptions are non-refundable. Once a payment has been processed for a given month/year, no refunds or credits will be issued for partial days/months of service. Clients are responsible for cancelling their subscription before the next billing cycle if they do not wish to continue using the service.
g) Taxes: All fees are exclusive of taxes.
h) Currency: All prices stated are in United States Dollars, unless specified otherwise in writing.
i) Chargebacks and Dispute Resolution: Clients agree to contact RIA Growth Catalyst LLC to resolve any billing issues or disputes before initiating a chargeback with their credit card provider. Chargebacks that are found to be unwarranted may result in immediate termination of the client's account and legal action to recover any unpaid fees.
12. Privacy
In order to see what personal and non-personal information we collect and how we use or store or share the same, please refer to the detailed Privacy Policy statement available on our website.
13. Links to Third-Party Sites
The RIA Growth Catalyst website may contain links to third-party websites or services that are not owned or controlled by RIA Growth Catalyst. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such a third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, RIA Growth Catalyst shall not be responsible.
14. Disclaimers
a) General Disclaimer: RIA Growth Catalyst LLC provides the platform and its services on an "as is" and "as available" basis. We do not guarantee that the service will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from use of the service. We do not guarantee that the service will always be available or will operate without disruptions, delays, or imperfections. Due to the nature of the internet and electronic communications, this is outside of our control.
b) Accuracy of Information: While we strive to ensure that the information provided on the platform is accurate and up-to-date, we cannot guarantee the completeness, accuracy, or reliability of such information. Users are advised to verify any information obtained from the platform before relying on it for decision-making purposes.
c) No Warranties: RIA Growth Catalyst LLC expressly disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the platform will meet your specific requirements or that the operation of the platform will be completely secure, uninterrupted, or error-free.
d) Third-Party Links and Tools: The platform may contain links to third-party websites or utilize third-party tools that are not owned or controlled by RIA Growth Catalyst LLC. We assume no responsibility for the content, privacy policies, or practices of any third-party sites or services, and you use these third-party tools and websites at your own risk.
e) Modifications to the Platform: RIA Growth Catalyst LLC reserves the right to modify or discontinue, temporarily or permanently, the platform (or any part thereof) with or without notice at any time. You agree that RIA Growth Catalyst LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.
f) User Responsibility: You acknowledge and agree that you are solely responsible for your use of the platform and any data you enter, generate, or handle through the platform. You are responsible for making appropriate arrangements to back up your data and taking other measures to prevent data loss.
g) Legal Compliance: You are responsible for ensuring that your use of the platform complies with all applicable laws and regulations, and you agree to indemnify RIA Growth Catalyst LLC against any legal claims arising from your use of the platform.
15. Limitation of Liability
a) Maximum Liability: To the maximum extent permitted by applicable law, RIA Growth Catalyst LLC's total liability to you for any damages, regardless of the form of action, shall in no event exceed the amount you have paid RIA Growth Catalyst LLC for the service in the twelve (12) months preceding the claim.
b) Exclusion of Certain Damages: RIA Growth Catalyst LLC shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if RIA Growth Catalyst LLC has been advised of the possibility of such damages), resulting from the use or the inability to use the service.
c) Force Majeure: RIA Growth Catalyst LLC will not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, issues with third party service providers, technical error, bugs, governmental action, power failures, and Internet disturbances.
d) Disclaimer of Certain Liabilities: The limitations on liability reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in this agreement is found to have failed its essential purpose.
e) No Liability for Third-Party Services and Content: RIA Growth Catalyst LLC does not endorse and is not responsible for the data, content, services, or goods provided by third parties accessed through the platform. Therefore, RIA Growth Catalyst LLC is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or services.
16. Legal Action
If you are found to be degrading, tarnishing, maligning the image, goodwill, or reputation of RIA Growth Catalyst, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
17. Indemnification
You acknowledge to defend, indemnify, and hold RIA Growth Catalyst, its owners, affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as "Indemnified Party") harmless from and against any claim, disputes, fine, liability, demand, or expense, including reasonable legal counsel's fee, made by a third party, relating to, or arising from:
Your violation of ours or any third-party right;
Your wrongful or improper use of our services, or website;
Your violation of any applicable laws, rules, or regulations;
Your violation of this Agreement or any other policy of ours as associated with our services;
The indemnifications set forth above will survive the termination or expiration of this Agreement and/or your use of our services.
18. Governing Law and Dispute Resolution
a) Governing Law: This Agreement and any dispute arising from the same will be governed by applicable laws of the State of Texas (USA).
b) Good Faith Negotiation: In the event of any dispute, claim, or controversy arising out of or in connection with this Software as a Service (SaaS) Agreement, the parties agree to first attempt to resolve the matter through good-faith negotiations. The party seeking resolution must provide written notice to the other party, outlining the nature of the dispute and proposing a resolution. The receiving party shall respond in writing within a reasonable time.
c) Injunctive Relief: Notwithstanding the dispute resolution procedures outlined above, either party may seek injunctive relief or other equitable remedies from a court of competent jurisdiction to prevent irreparable harm or address urgent matters.
d) Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts located in Dallas County, Texas (USA).
19. Notices
When you use the website or send emails to RIA Growth Catalyst, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. RIA Growth Catalyst will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to jbaneux@bnxcapitalllc.com.
20. General Provisions
i. Language: The Software as a Service (SaaS) Agreement, along with all policies and documents referenced herein, are originally drafted in English. Any translations of these documents into other languages are provided for your convenience only. In the event of any discrepancies or conflicts between the English version and any translations, the English version shall prevail and be considered definitive and authoritative. We encourage users who are not proficient in English to seek appropriate translation or legal support to fully understand this Agreement.
ii. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of this Agreement.
iii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.
iv. Breach: In case of any breach or threatened breach to the provisions of this Agreement, we reserve the right to suspend and/or revoke your access to our service and website, and/or take appropriate legal action, at our sole discretion. In such case, you will not be entitled to receive a refund to the unused portion of your subscription.
v. Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement will continue in full force and effect.
vi. Waiver: Our failure to insist on or enforce strict performance of this Software as a Service (SaaS) Agreement shall not be construed as a waiver by us of any provision or any right that we have to enforce this Agreement.
vii. Survival: Notwithstanding any other provisions of this Software as a Service (SaaS) Agreement, or any general legal principles to the contrary, any provision of this Software as a Service (SaaS) Agreement that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of this Software as a Service (SaaS) Agreement, for any reason whatsoever.
viii. No Third-Party Beneficiaries: Except as otherwise expressly provided in this Software as a Service (SaaS) Agreement, there shall be no third-party beneficiaries to this Software as a Service (SaaS) Agreement.
ix. No Assignment: You may not assign this Software as a Service (SaaS) Agreement (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of RIA Growth Catalyst, which may be withheld at RIA Growth Catalyst's sole discretion. Any attempted assignment that does not comply with this Software as a Service (SaaS) Agreement shall be null and void.
x. Entire Agreement: This Agreement, Cancellation & Refund Policy, and Privacy Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between RIA Growth Catalyst and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.
xi. Updates to this Agreement: We may add to or change or update this Agreement at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking this Agreement periodically. Your use of the Site or our Services after any amendments to this Agreement shall constitute your acceptance to such amendments.
21. Grievance Officer/Designated Representative
In the event you have any grievance regarding anything related to this Agreement or Privacy Policy, or with any content or service of RIA Growth Catalyst, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:
Name: Grievance Officer
Email: jbaneux@bnxcapitalllc.com
22. Feedback and Information
We welcome your questions or comments regarding this Agreement. You can write to us via email: jbaneux@bnxcapitalllc.com.
Last updated on March 25, 2025.