Jan 23, 2024

Terms of Service

Terms of Service

Welcome to Solvent.Life. By accessing or using our platform, you agree to be bound by the following terms of service. These terms govern your use of Solvent.Life and are designed to protect both you and us. Please read them carefully.

**Acceptance of Terms and Conditions**


In accordance with the Uniform Electronic Transactions Act (UETA) § 7 and the Electronic Signatures in Global and National Commerce Act (E-SIGN) 15 U.S.C. § 7001 et seq., this document establishes the legally binding agreement between the user ("Data Subject," "You," or "Your") and Solvent.Life LTD, LLC ("Controller," "Company," "We," "Us," or "Our") regarding the use of the digital platform ("Platform") provided by the Controller.

1. Manifestation of Assent


a) Pursuant to the principles of contract law as codified in the Restatement (Second) of Contracts § 19 and the objective theory of contracts, the Data Subject's act of accessing, browsing, or utilizing the Platform shall constitute a clear and unambiguous manifestation of assent to these Terms and Conditions ("Terms");b) In compliance with the UETA § 5(b) and E-SIGN 15 U.S.C. § 7001(c), this electronic agreement shall not be denied legal effect or enforceability solely because it is in electronic form.


2. Duty to Read


a) In accordance with the doctrine of constructive notice and the "duty to read" principle established in Upton v. Tribilcock, 91 U.S. 45 (1875), the Data Subject is presumed to have read, understood, and accepted all provisions of these Terms;b) The Controller has fulfilled its duty of conspicuous presentation of terms as required by the Uniform Commercial Code (UCC) § 2-316(2) and reinforced in Specht v. Netscape Communications Corp., 306 F.3d 17 (2d Cir. 2002).


3. Scope of Agreement


a) These Terms shall govern the entire relationship between the Data Subject and the Controller with respect to the use of the Platform, as per the integration clause doctrine codified in UCC § 2-202;b) Any prior or contemporaneous agreements, whether written or oral, are hereby superseded and integrated into these Terms, in accordance with the parol evidence rule as stated in Restatement (Second) of Contracts § 213.


4. Right of Refusal


a) In alignment with the freedom of contract principle and the right to refuse service as established in Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964), the Data Subject retains the right to withhold consent to these Terms;b) Should the Data Subject elect not to accept these Terms, their sole and exclusive remedy shall be the immediate cessation of Platform use, as stipulated in ProCD v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996).


5. Electronic Signature and Record Retention


a) The Data Subject's affirmative act of using the Platform shall constitute an electronic signature for the purposes of these Terms, as defined in UETA § 2(8) and E-SIGN 15 U.S.C. § 7006(5);b) The Controller shall maintain records of the Data Subject's acceptance in accordance with E-SIGN 15 U.S.C. § 7001(d) and applicable record retention laws.


6. Modification of Terms


a) The Controller reserves the right to modify these Terms at any time, with such modifications becoming effective immediately upon posting on the Platform, as permitted by the change-of-terms provision in Douglas v. U.S. District Court, 495 F.3d 1062 (9th Cir. 2007);b) The Data Subject's continued use of the Platform following any modification shall constitute acceptance of the amended Terms.


7. Severability


a) If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, in accordance with the severability doctrine as outlined in Restatement (Second) of Contracts § 184.By engaging with the Platform, the Data Subject acknowledges and affirms their understanding of these Terms and their legally binding nature. The Data Subject is advised to retain a copy of these Terms for their records, as recommended by E-SIGN 15 U.S.C. § 7001(c)(1)(C)(i).


**Provision of Services**


In accordance with the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., and the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., the Controller hereby sets forth the terms governing the provision of financial services and analytical tools ("Services") to the Data Subject.


1. Scope of Services


a) Pursuant to the Securities Act of 1933, 15 U.S.C. § 77a et seq., and the Commodity Exchange Act, 7 U.S.C. § 1 et seq., the Controller shall provide a comprehensive suite of financial services and analytical tools designed to enhance the Data Subject's investment strategy and trading efficacy;b) These Services may include, but are not limited to, those defined under the Investment Company Act of 1940, 15 U.S.C. § 80a-3(a)(1), and as further elaborated in SEC v. W.J. Howey Co., 328 U.S. 293 (1946).


2. Lawful Use Covenant


a) The Data Subject hereby covenants and agrees, as defined in Restatement (Second) of Contracts § 2, to utilize the Services exclusively for lawful purposes;b) This covenant shall be construed as a condition subsequent, as per Restatement (Second) of Contracts § 224, the breach of which may result in termination of services.


3. Compliance with Applicable Laws


a) The Data Subject shall adhere strictly to all applicable domestic and international laws, statutes, ordinances, and regulations, including but not limited to:i. The Bank Secrecy Act, 31 U.S.C. § 5311 et seq.;
ii. The USA PATRIOT Act, Pub. L. No. 107-56, 115 Stat. 272 (2001);
iii. The Foreign Corrupt Practices Act, 15 U.S.C. § 78dd-1 et seq.;
iv. Applicable state securities laws and regulations;b) Compliance shall be interpreted in accordance with the doctrine of good faith and fair dealing, as codified in Uniform Commercial Code § 1-304.


4. Prohibited Activities


a) The Data Subject is expressly prohibited from engaging in any activities that may constitute:i. Market manipulation, as defined in Securities Exchange Act § 9(a)(2), 15 U.S.C. § 78i(a)(2);
ii. Insider trading, as proscribed by Securities Exchange Act § 10(b), 15 U.S.C. § 78j(b), and SEC Rule 10b-5;
iii. Money laundering, as defined in 18 U.S.C. § 1956;
iv. Any other fraudulent or deceptive practices as outlined in applicable financial regulations.


5. Know Your Customer (KYC) and Anti-Money Laundering (AML) Compliance


a) The Data Subject acknowledges and consents to the Controller's implementation of KYC and AML procedures in compliance with the Financial Crimes Enforcement Network (FinCEN) regulations, 31 CFR Chapter X;b) The Data Subject agrees to provide all necessary information and documentation to facilitate these compliance procedures, as required by the Customer Identification Program rules under 31 CFR § 1023.220.


6. Regulatory Oversight


a) The Data Subject acknowledges that the Services provided may be subject to oversight by various regulatory bodies, including but not limited to:i. The Securities and Exchange Commission (SEC);
ii. The Commodity Futures Trading Commission (CFTC);
iii. The Financial Industry Regulatory Authority (FINRA);
iv. Applicable state securities regulators.b) The Data Subject agrees to cooperate fully with any inquiries or investigations initiated by these regulatory bodies, as required by Securities Exchange Act § 21(b), 15 U.S.C. § 78u(b).


7. Disclaimer of Guarantees


a) In accordance with the Securities Act of 1933 § 11(b)(3), 15 U.S.C. § 77k(b)(3), the Controller expressly disclaims any guarantee of financial performance or results arising from the use of the Services;b) The Data Subject acknowledges that all investments carry inherent risks, as defined in SEC Rule 156, 17 CFR § 230.156.


8. Termination of Services


a) The Controller reserves the right to terminate or suspend Services to the Data Subject for any violation of these terms or applicable laws, in accordance with the termination for cause doctrine as outlined in Restatement (Second) of Contracts § 237;b) Such termination shall be executed in compliance with FINRA Rule 2310, if applicable, regarding customer account transfers.By utilizing the Services, the Data Subject affirms their understanding of and agreement to these terms, constituting a binding contract as per the statute of frauds, codified in Uniform Commercial Code § 2-201.



**Intellectual Property Rights**


Intellectual Property Rights and Protections


In accordance with the United States Copyright Act of 1976, 17 U.S.C. § 101 et seq., the Patent Act of 1952, 35 U.S.C. § 1 et seq., and the Lanham Act, 15 U.S.C. § 1051 et seq., the Controller hereby asserts and reserves all intellectual property rights associated with the Platform.


1. Scope of Intellectual Property


a) Pursuant to 17 U.S.C. § 102, the intellectual property of the Controller includes, but is not limited to:i. All content, as defined in Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007);
ii. Functionalities and features, potentially protected as trade secrets under the Defend Trade Secrets Act, 18 U.S.C. § 1836 et seq.;
iii. Data compilations, as recognized in Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991);
iv. Graphical elements and designs, protected under 17 U.S.C. § 102(a)(5);
v. Trademarks and service marks, as defined in 15 U.S.C. § 1127.b) This intellectual property is either owned by the Controller or licensed from third parties, with all rights reserved under 17 U.S.C. § 106.


2. Legal Protections


a) The aforementioned intellectual property is protected by various global intellectual property laws, including but not limited to:i. The Berne Convention for the Protection of Literary and Artistic Works;
ii. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS);
iii. The World Intellectual Property Organization (WIPO) Copyright Treaty;
iv. Applicable national and regional intellectual property legislations.b) These protections are enforced in accordance with the principles established in Eldred v. Ashcroft, 537 U.S. 186 (2003), upholding the constitutionality of copyright term extension.


3. Prohibited Actions


a) The Data Subject is expressly prohibited from engaging in any unauthorized use, reproduction, distribution, or modification of the Controller's intellectual property, as such actions may constitute:i. Copyright infringement under 17 U.S.C. § 501;
ii. Patent infringement under 35 U.S.C. § 271;
iii. Trademark infringement and dilution under 15 U.S.C. § 1114 and § 1125;
iv. Misappropriation of trade secrets under 18 U.S.C. § 1836.b) These prohibitions extend to both direct infringement and contributory infringement, as defined in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913 (2005).


4. Fair Use and Limitations


a) The Data Subject's rights to use the Controller's intellectual property are subject to the fair use doctrine, as codified in 17 U.S.C. § 107 and interpreted in Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994);b) Any use beyond the scope of fair use or explicitly granted licenses shall require prior written authorization from the Controller.


5. Enforcement and Penalties


a) The Controller reserves the right to enforce its intellectual property rights through all available legal means, including but not limited to:i. Cease and desist notices, as prescribed in 17 U.S.C. § 512(c)(3) for DMCA takedown procedures;
ii. Civil litigation for injunctive relief and damages, as provided in 17 U.S.C. § 502-505 for copyright infringement, 35 U.S.C. § 281-285 for patent infringement, and 15 U.S.C. § 1116-1117 for trademark infringement;
iii. Criminal referrals for willful infringement, as outlined in 17 U.S.C. § 506 and 18 U.S.C. § 2319.b) Potential penalties for infringement may include:i. Statutory damages up to $150,000 per work for willful copyright infringement, as per 17 U.S.C. § 504(c);
ii. Treble damages for willful trademark infringement, as provided in 15 U.S.C. § 1117(b);
iii. Criminal fines and imprisonment for up to 10 years for certain intellectual property crimes, as stipulated in 18 U.S.C. § 2319.


6. Indemnification


a) The Data Subject agrees to indemnify and hold harmless the Controller from any claims, damages, or expenses arising from the Data Subject's unauthorized use of the Controller's intellectual property, in accordance with the principles of contractual indemnification as outlined in Restatement (Third) of Torts: Apportionment of Liability § 22.By accessing and using the Platform, the Data Subject acknowledges the Controller's intellectual property rights and agrees to abide by all applicable intellectual property laws and regulations. Any unauthorized use may result in the immediate termination of the Data Subject's access to the Platform and potential legal action.


**Privacy and Data Protection**


Data Protection and Privacy Compliance


In accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679, the California Consumer Privacy Act (CCPA) of 2018, and other applicable data protection laws, the Controller hereby sets forth its commitment to data privacy and security.


1. Incorporation of Privacy Policy


a) Pursuant to the doctrine of incorporation by reference, as recognized in Northrop Grumman Information Technology, Inc. v. United States, 535 F.3d 1339 (Fed. Cir. 2008), the Controller's Privacy Policy is hereby incorporated into these Terms;b) The Privacy Policy shall be construed as an integral part of this agreement, as per the principles outlined in Restatement (Second) of Contracts § 213.


2. Scope of Data Collection and Processing


a) The Controller's data collection and processing activities shall be governed by:i. GDPR Article 6(1) for lawful bases of processing;
ii. CCPA § 1798.100(b) for disclosure requirements;
iii. The Privacy Act of 1974, 5 U.S.C. § 552a, where applicable to government contracts.b) The specific practices regarding the collection, use, and safeguarding of personal data are delineated in the Privacy Policy, in compliance with GDPR Article 13 and CCPA § 1798.130(a)(5).


3. Data Subject Consent


a) By engaging with the Services, the Data Subject hereby provides explicit consent, as defined in GDPR Article 4(11), to the data collection and processing practices outlined in the Privacy Policy;b) This consent shall be deemed freely given, specific, informed, and unambiguous, in accordance with the standards set forth in GDPR Article 7 and interpreted in Planet49 GmbH, Case C-673/17 (CJEU 2019).


4. Data Security Measures


a) The Controller affirms its commitment to implementing appropriate technical and organizational measures to ensure data security, as required by:i. GDPR Article 32;
ii. CCPA § 1798.150(a)(1);
iii. The Federal Trade Commission Act, 15 U.S.C. § 45, regarding unfair or deceptive practices.b) These measures shall be regularly reviewed and updated to ensure compliance with industry standards and legal requirements, as per the principle of data protection by design and default (GDPR Article 25).


5. Data Subject Rights


a) The Data Subject is entitled to exercise their rights as enumerated in:i. GDPR Articles 15-22, including rights of access, rectification, erasure, and data portability;
ii. CCPA § 1798.100-1798.130, including the right to know, delete, and opt-out of sale of personal information.b) The procedures for exercising these rights are detailed in the Privacy Policy, in compliance with GDPR Article 12(1) and CCPA § 1798.130(a)(1).


6. International Data Transfers


a) Any transfer of personal data to third countries or international organizations shall be conducted in strict compliance with:i. GDPR Chapter V, Articles 44-50;
ii. The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, where applicable;
iii. Standard Contractual Clauses approved by the European Commission.b) The Controller shall ensure an adequate level of protection for personal data transferred internationally, as required by Schrems II (Case C-311/18) and subsequent guidance from the European Data Protection Board.


7. Data Breach Notification


a) In the event of a personal data breach, the Controller shall notify the relevant supervisory authority and affected Data Subjects in accordance with:i. GDPR Article 33 and 34;
ii. CCPA § 1798.82;
iii. Applicable state data breach notification laws.b) The notification shall be made without undue delay and, where feasible, not later than 72 hours after becoming aware of the breach, as stipulated in GDPR Article 33(1).


8. Amendments to Privacy Policy


a) The Controller reserves the right to amend the Privacy Policy in accordance with evolving legal requirements and business practices;b) Any material changes to the Privacy Policy shall be communicated to the Data Subject in a timely manner, as required by GDPR Article 13(3) and CCPA § 1798.130(a)(5).By continuing to use the Services, the Data Subject acknowledges they have read, understood, and agreed to the terms of the Privacy Policy as incorporated herein. The Data Subject is encouraged to review the Privacy Policy regularly for any updates or changes.


**Limitation of Liability**


Pursuant to the principles of contract law and tort law, and in accordance with the Uniform Commercial Code (UCC) § 2-719 and Restatement (Third) of Torts: Products Liability § 18, the Controller hereby sets forth the following limitations of liability:


1. Scope of Limitation


a) The Controller, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors (collectively referred to as "Covered Parties") shall not, under any circumstances, be liable for:i. Indirect damages, as defined in Hadley v. Baxendale, 156 Eng. Rep. 145 (1854);
ii. Incidental damages, as outlined in UCC § 2-715(1);
iii. Punitive damages, subject to the standards set forth in BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996);
iv. Special damages, as interpreted in Schonfeld v. Hilliard, 218 F.3d 164 (2d Cir. 2000);
v. Consequential damages, as defined in UCC § 2-715(2).b) This limitation applies regardless of whether the alleged liability is based on:i. Contract, as governed by the principles in Restatement (Second) of Contracts;
ii. Tort, including negligence, as defined in Restatement (Third) of Torts: Liability for Physical and Emotional Harm;
iii. Strict liability, as outlined in Restatement (Third) of Torts: Products Liability § 1;
iv. Any other legal theory recognized under applicable law.


2. Specific Exclusions


a) The limitation of liability expressly includes, without limitation, any:i. Loss of profits, as recognized in Biotronik A.G. v. Conor Medsystems Ireland, Ltd., 22 N.Y.3d 799 (2014);
ii. Loss of revenue or savings, as addressed in Compania Embotelladora Del Pacifico, S.A. v. Pepsi Cola Co., 650 F.Supp.2d 314 (S.D.N.Y. 2009);
iii. Loss of data, subject to the principles established in In re Sony Gaming Networks and Customer Data Security Breach Litigation, 996 F.Supp.2d 942 (S.D. Cal. 2014);
iv. Replacement costs, as considered in Kansas Power & Light Co. v. Westinghouse Elec. Corp., 238 Kan. 483 (1986);
v. Any similar damages arising from the use of the Services or products procured using the Service.


3. Broad Application


a) This limitation of liability extends to any claim related in any way to the Data Subject's use of the Service or any product, including but not limited to:i. Errors or omissions in any content, as addressed in Winter v. G.P. Putnam's Sons, 938 F.2d 1033 (9th Cir. 1991);
ii. Any loss or damage incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service.


4. Foreseeability and Notice


a) This limitation of liability shall apply even if the Covered Parties have been advised of the possibility of such damages, in accordance with the principle established in Hadley v. Baxendale, 156 Eng. Rep. 145 (1854).


5. Severability


a) If any portion of this limitation of liability is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect, as per the severability doctrine outlined in Restatement (Second) of Contracts § 184.


6. Compliance with Applicable Law


a) This limitation of liability shall be enforced to the fullest extent permitted by applicable law, including but not limited to:i. The Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., for consumer products;
ii. State laws governing limitations of liability and warranty disclaimers.


7. Non-Waiver of Consumer Rights


a) Nothing in this limitation of liability shall be construed to limit or exclude any liability that cannot be limited or excluded by applicable law, including:i. Liability for death or personal injury caused by negligence;
ii. Liability for fraud or fraudulent misrepresentation;
iii. Any other liability that cannot be excluded under applicable consumer protection laws.By using the Services, the Data Subject acknowledges and agrees to this limitation of liability. The Data Subject is advised to carefully consider these terms and seek legal counsel if necessary to fully understand their implications.



**Amendments to Terms**


Modification of Terms


Pursuant to the principles of contract law and in accordance with the Uniform Commercial Code (UCC) § 2-209 and relevant case law, the Controller hereby reserves the right to modify these Terms of Service.


1. Unilateral Modification Right


a) The Controller, at its sole discretion, reserves the right to:i. Update, change, or replace any part of these Terms, as recognized in Badie v. Bank of America, 67 Cal. App. 4th 779 (1998);
ii. Modify the Terms in whole or in part, in alignment with the principles established in Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991).b) This right of unilateral modification is asserted under the change-of-terms provision doctrine, as upheld in Battels v. Sears National Bank, 365 F. Supp. 2d 1205 (M.D. Ala. 2005).


2. Notice of Modifications


a) In accordance with UCC § 2-209(3) and the principles of good faith and fair dealing:i. All modifications to these Terms shall be posted on the Controller's website;
ii. The Controller shall not be obligated to provide individual notice to each Data Subject, as per the ruling in Douglas v. U.S. District Court, 495 F.3d 1062 (9th Cir. 2007).b) The posting of modified Terms on the Controller's website shall constitute constructive notice, as recognized in Schwartz v. Comcast Corp., 256 F. App'x 515 (3d Cir. 2007).


3. Data Subject's Duty to Review


a) The Data Subject bears the responsibility to periodically review the Terms for any changes, in accordance with the duty to read doctrine established in Upton v. Tribilcock, 91 U.S. 45 (1875);b) This duty is consistent with the reasonable communicativeness test outlined in Effron v. Sun Line Cruises, Inc., 67 F.3d 7 (2d Cir. 1995).


4. Acceptance of Modified Terms


a) The Data Subject's continued use of or access to the Controller's website or Services following the posting of any changes to these Terms shall constitute:i. Acceptance of the modified Terms, as per the principles of implied consent established in ProCD v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996);
ii. A manifestation of assent to the new Terms, in accordance with Restatement (Second) of Contracts § 19.b) This acceptance mechanism is consistent with the "browsewrap" agreement principles outlined in Nguyen v. Barnes & Noble Inc., 763 F.3d 1171 (9th Cir. 2014).


5. Rejection of Modified Terms


a) If the Data Subject does not agree to the modified Terms, their sole remedy shall be to discontinue use of the Services, as established in Kwan v. Clearwire Corp., No. C09-1392JLR, 2012 WL 32380 (W.D. Wash. Jan. 3, 2012);b) Continued use of the Services after modification of Terms shall preclude the Data Subject from rejecting the new Terms at a later date, in line with the principles of equitable estoppel.


6. Severability of Modifications


a) If any modification to these Terms is found to be invalid, void, or unenforceable for any reason, that particular modification shall be severed, and the remaining Terms shall continue in full force and effect, as per the severability doctrine outlined in Restatement (Second) of Contracts § 184.


7. Preservation of Prior Versions


a) The Controller shall maintain archives of previous versions of the Terms, in compliance with record-keeping obligations under applicable laws;b) These archives may be made available upon reasonable request, subject to the Controller's data retention policies and applicable privacy laws.


8. Governing Law for Modifications


a) Any disputes arising from or relating to the modification of these Terms shall be governed by the laws specified in the Choice of Law clause within these Terms;b) The interpretation and enforcement of these modification provisions shall be subject to the relevant jurisdiction's contract law principles and precedents.By continuing to access or use the Services after any modification to these Terms, the Data Subject acknowledges and agrees to be bound by the modified Terms. The Data Subject is advised to review these Terms regularly to ensure awareness of any changes.


**Termination**


In accordance with the principles of contract law and relevant case law, the Controller hereby sets forth the terms governing the termination of access to the Service.


1. Right of Termination


a) Pursuant to the doctrine of termination for convenience, as recognized in Torncello v. United States, 681 F.2d 756 (Ct. Cl. 1982), the Controller reserves the right to:i. Terminate the Data Subject's access to the Service immediately;
ii. Suspend the Data Subject's access to the Service immediately.b) This right of termination may be exercised:i. Without prior notice, as permitted in Berjikian v. Franchise Tax Bd., 237 Cal. App. 4th 453 (2015);
ii. Without incurring liability, in accordance with the principles established in Carvel Corp. v. Diversified Mgmt. Grp., Inc., 930 F.2d 228 (2d Cir. 1991).


2. Grounds for Termination


a) The Controller may exercise its right of termination for any reason whatsoever, including but not limited to:i. Material breach of these Terms by the Data Subject, as defined in Restatement (Second) of Contracts § 241;
ii. Any violation of applicable laws or regulations by the Data Subject;
iii. Any action by the Data Subject that may expose the Controller to liability or reputational harm.b) This broad discretion is consistent with the principles outlined in Lockheed Martin Corp. v. Retail Holdings, N.V., 639 F.3d 63 (3d Cir. 2011).


3. Effect of Termination


a) Upon termination, the Data Subject's right to access and use the Service shall immediately cease;b) The Controller shall not be obligated to provide any further access to the Service or to maintain any Data Subject data, subject to applicable data protection laws.


4. Survival of Terms


a) Notwithstanding termination, certain provisions of these Terms shall survive and remain in full force and effect, in accordance with the survival doctrine as recognized in Litton Fin. Printing Div. v. NLRB, 501 U.S. 190 (1991);b) The surviving provisions shall include, without limitation:i. Ownership provisions, as they pertain to intellectual property rights;
ii. Warranty disclaimers, as outlined in UCC § 2-316;
iii. Indemnification clauses, consistent with Restatement (Third) of Torts: Apportionment of Liability § 22;
iv. Limitations of liability, as permitted by applicable law and established in Restatement (Third) of Torts: Products Liability § 18.


5. Post-Termination Obligations


a) Upon termination, the Data Subject shall:i. Cease all use of the Service;
ii. Delete or destroy any copies of the Service's content in their possession, as required in MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993).b) The Controller shall comply with all applicable data protection laws regarding the retention and deletion of the Data Subject's personal information post-termination.


6. No Refunds


a) Unless otherwise required by applicable law, the Controller shall not be obligated to provide any refunds for any fees paid prior to termination, in line with the principles established in Cary Oil Co. v. MG Refining & Marketing, Inc., 230 F. Supp. 2d 439 (S.D.N.Y. 2002).


7. Reinstatement


a) The Controller reserves the right, but is not obligated, to reinstate the Data Subject's access to the Service at its sole discretion;b) Any such reinstatement shall be subject to the Terms in effect at the time of reinstatement.


8. Dispute Resolution


a) Any disputes arising from or relating to the termination of Service shall be subject to the dispute resolution procedures specified in these Terms;b) The interpretation and enforcement of these termination provisions shall be governed by the laws specified in the Choice of Law clause within these Terms.By using the Service, the Data Subject acknowledges and agrees to these termination provisions. The Data Subject is advised to retain a copy of these Terms for reference in the event of termination.


**Governing Law and Jurisdiction**


In accordance with the principles of private international law and relevant case law, the Controller hereby sets forth the terms governing applicable law and jurisdictional matters.


1. Choice of Law


a) Pursuant to the doctrine of party autonomy in choice of law, as recognized in Restatement (Second) of Conflict of Laws § 187, these Terms and any separate agreements whereby the Controller provides Services to the Data Subject shall be governed by and construed in accordance with:i. The laws of the State of New York, United States, as permitted by N.Y. General Obligations Law § 5-1401;
ii. The laws of the United Kingdom, in compliance with the Rome I Regulation (EC) No 593/2008, Article 3.b) This choice of law shall apply:i. Without regard to conflict of law principles, as established in Klaxon Co. v. Stentor Electric Manufacturing Co., 313 U.S. 487 (1941);
ii. To the fullest extent permitted by applicable law, subject to mandatory rules of the forum as outlined in Rome I Regulation, Article 9.


2. Exclusive Jurisdiction


a) Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of:i. The state and federal courts located in New York, United States, consistent with the forum selection clause principles established in Atlantic Marine Construction Co. v. U.S. District Court, 571 U.S. 49 (2013);
ii. The courts of the United Kingdom, in accordance with the Brussels I Recast Regulation (EU) No 1215/2012, Article 25.b) This exclusive jurisdiction clause shall be interpreted as:i. A mandatory forum selection clause, as upheld in M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972);
ii. An agreement conferring exclusive jurisdiction, within the meaning of Brussels I Recast Regulation, Article 25(1).


3. Jurisdictional Limitations


a) The Controller expressly declares that it does not accept clients outside of the jurisdictions specified herein, namely:i. The United States, particularly the State of New York;
ii. The United Kingdom.b) This limitation is consistent with the principles of personal jurisdiction outlined in International Shoe Co. v. Washington, 326 U.S. 310 (1945), and the doctrine of forum non conveniens as established in Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947).


4. Consent to Jurisdiction


a) By using the Services, the Data Subject expressly consents to the personal jurisdiction of the courts specified herein, in accordance with the principles set forth in Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985);b) This consent shall be deemed valid and enforceable, subject to the reasonableness test outlined in Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991).


5. Severability of Jurisdictional Provisions


a) If any portion of these jurisdictional provisions is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect, as per the severability doctrine outlined in Restatement (Second) of Contracts § 184;b) The severability of these provisions shall be interpreted in a manner consistent with Booker v. Robert Half Int'l, Inc., 413 F.3d 77 (D.C. Cir. 2005).


6. Waiver of Objections


a) The Data Subject waives any and all objections to the exercise of jurisdiction over them by the courts specified herein and to venue in such courts, consistent with the principles established in Nat'l Equip. Rental, Ltd. v. Szukhent, 375 U.S. 311 (1964);b) This waiver shall be subject to the doctrine of unconscionability, as applied in Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991).


7. Conflict of Laws


a) In the event of any conflict between the laws of New York and the United Kingdom, the conflict shall be resolved in accordance with the principles outlined in Restatement (Second) of Conflict of Laws § 6;b) The resolution of such conflicts shall give due consideration to the governmental interests of both jurisdictions, as per the approach adopted in Babcock v. Jackson, 12 N.Y.2d 473 (1963).By accessing or using the Services, the Data Subject acknowledges their understanding of and agreement to these governing law and jurisdictional provisions. The Data Subject is advised to seek legal counsel if they have any questions regarding the implications of these terms, particularly with respect to their rights and obligations in the specified jurisdictions.



**Contact Information**


Communication Protocols for Legal Inquiries


In accordance with the principles of corporate governance and relevant consumer protection laws, the Controller hereby establishes the following protocols for legal communications.


1. Designated Point of Contact


a) Pursuant to the requirements set forth in:i. The California Consumer Privacy Act (CCPA) § 1798.130(a)(1)(G);
ii. The EU General Data Protection Regulation (GDPR) Article 13(1)(b);
iii. The UK Data Protection Act 2018, Section 45;The Controller designates the following email address for legal inquiries: legal@solvent.life.b) This designation is consistent with the principles of corporate agency as outlined in Restatement (Third) of Agency § 1.01.


2. Scope of Inquiries


a) The designated point of contact shall field inquiries related to, but not limited to:i. Clarification of these Terms, as they pertain to the doctrine of contra proferentem, established in Restatement (Second) of Contracts § 206;
ii. Concerns regarding the Data Subject's use of the Platform, in the context of the duty of good faith and fair dealing, as recognized in Restatement (Second) of Contracts § 205;
iii. Requests for further information, as may be required under various consumer protection laws, such as the Federal Trade Commission Act, 15 U.S.C. § 45.


3. Response Protocols


a) In alignment with the principles of corporate responsiveness and the standards set forth in:i. The GDPR Article 12(3) for timely responses;
ii. The CCPA § 1798.130(a)(2) for prompt action;The Controller commits to addressing inquiries in a timely and thorough manner.b) This commitment is subject to the reasonableness standard as applied in commercial contexts, per UCC § 2-309.


4. Record Keeping


a) In compliance with:i. The GDPR Article 30 on records of processing activities;
ii. The Sarbanes-Oxley Act of 2002, Section 802, regarding retention of business records;The Controller shall maintain records of all legal inquiries and responses thereto.b) These records shall be maintained in accordance with the Controller's data retention policy and applicable laws.


5. Confidentiality of Communications


a) All communications directed to legal@solvent.life shall be treated as confidential and privileged to the extent provided by:i. The attorney-client privilege, as recognized in Upjohn Co. v. United States, 449 U.S. 383 (1981);
ii. The work product doctrine, as established in Hickman v. Taylor, 329 U.S. 495 (1947).b) This confidentiality is subject to exceptions mandated by law or court order.


6. Non-Waiver of Rights


a) Any response or lack thereof to inquiries shall not be construed as a waiver of any rights or defenses available to the Controller, in accordance with the principles outlined in United States v. Mezzanatto, 513 U.S. 196 (1995).


7. Limitation on Legal Advice


a) Responses provided through this channel do not constitute legal advice and do not create an attorney-client relationship, consistent with the principles established in Togstad v. Vesely, Otto, Miller & Keefe, 291 N.W.2d 686 (Minn. 1980).b) Data Subjects are advised to seek independent legal counsel for personalized legal advice.


8. Amendments to Contact Information


a) The Controller reserves the right to modify this contact information, subject to providing appropriate notice as required by applicable law and the principles of good faith in contract modification, as recognized in Restatement (Second) of Contracts § 89.By utilizing this designated communication channel, the Data Subject acknowledges and agrees to these terms governing legal inquiries. The Data Subject is encouraged to retain records of any communications for their personal reference.



By using the Platform, You acknowledge that You have read these Terms in their entirety, understand them, and agree to be bound by their terms and conditions.


Frequently Asked Questions

What legal framework does Solvent.Life operate under?

What legal framework does Solvent.Life operate under?

How does Solvent.Life collect and use my data?

How does Solvent.Life collect and use my data?

Can I access or delete my data from Solvent.Life?

Can I access or delete my data from Solvent.Life?

How is my data secured on Solvent.Life?

How is my data secured on Solvent.Life?

Where can I report a concern or violation related to Solvent.Life’s services?

Where can I report a concern or violation related to Solvent.Life’s services?

Frequently Asked Questions

What legal framework does Solvent.Life operate under?

How does Solvent.Life collect and use my data?

Can I access or delete my data from Solvent.Life?

How is my data secured on Solvent.Life?

Where can I report a concern or violation related to Solvent.Life’s services?

Interested in learning more?

Our team will contact you if you're a good fit.

Interested in learning more?

Our team will contact you if you're a good fit.

Get exclusive content and become a part of the Solvent.Life™ community.


Solvent.Life™ LLC is a subsidiary of Solvent.Life™ LTD, working closely to achieve aligned goals and leveraging the parent company's resources for enhanced innovation and customer service.

© 2024 Solvent.Life™ LTD, LLC. All rights reserved.
100 Bishopsgate, London, United Kingdom

Get exclusive content and become a part of the Solvent.Life™ community.


Solvent.Life™ LLC is a subsidiary of Solvent.Life™ LTD, working closely to achieve aligned goals and leveraging the parent company's resources for enhanced innovation and customer service.

© 2024 Solvent.Life™ LTD, LLC. All rights reserved.
100 Bishopsgate, London, United Kingdom

Get exclusive content and become a part of the Solvent.Life™ community.


Solvent.Life™ LLC is a subsidiary of Solvent.Life™ LTD, working closely to achieve aligned goals and leveraging the parent company's resources for enhanced innovation and customer service.

© 2024 Solvent.Life™ LTD, LLC. All rights reserved.
100 Bishopsgate, London, United Kingdom

Get exclusive content and become a part of the Solvent.Life™ community.


Solvent.Life™ LLC is a subsidiary of Solvent.Life™ LTD, working closely to achieve aligned goals and leveraging the parent company's resources for enhanced innovation and customer service.

© 2024 Solvent.Life™ LTD, LLC. All rights reserved.
100 Bishopsgate, London, United Kingdom