Last Updated: March 31, 2025
1. Introduction
These Terms of Use ("Terms") govern your access to and use of the OneUp application ("Application") and all related services provided by OneUp ("Company," "we," "us," or "our"). By using or accessing the Application, you acknowledge that you have read, understood, and agree to comply with these Terms. If you do not agree with these Terms, you must immediately cease using the Application.
These Terms incorporate by reference our Privacy Policy, which details how we collect, process, and protect user data in accordance with applicable laws. In the event of any conflict between these Terms and our Privacy Policy regarding the collection or use of personal data, the Privacy Policy will control.
Important: OneUp provides data analytics, portfolio monitoring tools, and market insights. We do not provide personalized investment advice, trading execution services, or portfolio management. All investment decisions are made solely by you, at your own discretion.
2. Important Disclaimer
OneUp, operated by Kensys Ltd, is a Registered Investment Adviser (RIA) with the U.S. Securities and Exchange Commission (SEC). Our registration as an investment adviser does not imply any specific level of skill or training.
We provide non-discretionary, analytics-only investment advisory services through an internet-based platform. Our Services are designed to provide users with data analysis, portfolio monitoring tools, and algorithmically generated market insights.
We do not provide personalized investment advice tailored to your individual financial situation, objectives, or risk profile. We do not manage client assets, execute trades, or act as a broker-dealer.
All investment decisions and transactions remain solely your responsibility. You should carefully evaluate any information provided through the Platform and, if necessary, consult with a qualified financial professional before making investment decisions.
3. Account Registration and Security
To access certain features of the Application, you may be required to register an account. By creating an account, you agree to:
Provide accurate, current, and complete information during the registration process and to keep your account information updated
Maintain the confidentiality of your account credentials.
Accept full responsibility for all activities that occur under your account.
Notify us immediately of any unauthorized use of your account or any security breach.
We reserve the right to suspend or terminate accounts that provide false information or engage in unauthorized activities, including but not limited to fraudulent use of the Application.
4. Access and Availability
OneUp is available globally; however, we do not guarantee that all features will be available in every jurisdiction. You are responsible for ensuring that your use of the Application complies with local laws and regulations.
We may modify, suspend, or discontinue the Application or restrict access at our discretion without notice. We are not liable for any interruptions, technical failures, or service unavailability.
5. Permitted and Prohibited Uses
By using OneUp, you agree not to:
Violate any applicable laws or regulations.
Attempt to gain unauthorized access to any part of the Application.
Use automated means (e.g., bots, scrapers) to extract data.
Introduce malicious software, viruses, or engage in any activity that disrupts or harms the Application.
Impersonate another person or entity.
Engage in fraudulent, abusive, or deceptive activities.
Failure to comply may result in account suspension, termination, and potential legal action.
6. User-Generated Content
If you submit any feedback, suggestions, or ideas to OneUp regarding the Platform, you agree that OneUp may use them without restriction or compensation to you
7. Intellectual Property
All content, trademarks, logos, and intellectual property within the Application are owned by OneUp or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Application for personal, non-commercial purposes.
You may not copy, modify, distribute, or exploit any part of the Application without prior written permission from OneUp.
8. Third-Party Services and Content
The Application may contain links to third-party websites, services, or content. OneUp does not endorse, monitor, or assume responsibility for third-party material. If you choose to interact with third-party services, you do so at your own risk and subject to their respective terms and conditions.
We are not responsible for any losses, damages, or issues arising from third-party interactions.
9. Disclaimers and Limitations of Liability
Disclaimer: The Application is provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee that the Application will be error-free, uninterrupted, or secure.
Limitation of Liability: To the fullest extent permitted by law, OneUp and its affiliates shall not be liable for any:
Direct, indirect, incidental, special, or consequential damages.
Loss of profits, data, or business opportunities.
Decisions made based on information provided by the Application.
Your sole remedy for dissatisfaction with the Application is to stop using it.
10. Privacy and Data Collection
Please refer to our Privacy Policy for details on how we collect, use, and protect your personal information.
11. Updates and Modifications
We reserve the right to update these Terms at any time. If we make material changes, we will notify users via email, in-app alerts, or by posting a notice on our website, providing you with an opportunity to review the revised Terms before they become effective. Continued use of the Application after the effective date of any changes constitutes your acceptance of the updated Terms.
12. Relationship of Parties
Nothing in these Terms creates a fiduciary relationship, partnership, or agency between you and OneUp. OneUp provides data analytics tools only. You remain solely responsible for all investment decisions and for ensuring that any investment meets your individual circumstances and objectives.
13. Promotional Offers and Free Trials
From time to time, OneUp may offer users promotional access to its services, including but not limited to free trials, limited-time discounts, or access via promotional codes. These offers are discretionary, may be revoked or changed at any time, and do not alter the scope or nature of services offered under these Terms. Any promotional access is subject to the same usage terms, disclaimers, and limitations of liability described in this Agreement.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which OneUp operates, without regard to conflict-of-law principles.
Informal Resolution
In the event of a dispute, you agree to first contact us to attempt to resolve it informally.Binding Arbitration
Any unresolved disputes shall be settled through binding arbitration in the jurisdiction of OneUp’s headquarters. However, if applicable law in your jurisdiction confers mandatory consumer protection rights or restricts the enforceability of arbitration clauses, those local legal protections may override this arbitration provision.Class Action Waiver
You agree to bring disputes individually, not as part of a class action. This waiver may not apply if prohibited by law in your jurisdiction.Local Consumer Laws
Nothing in these Terms is intended to limit any mandatory consumer rights you may have under the laws of your country of residence. In the event of a conflict between these Terms and such local laws, your local laws will take precedence.
15. Termination of Services
OneUp reserves the right to terminate or suspend access to the Application at any time, without prior notice or liability, for any reason, including but not limited to:
Violation of these Terms;
Fraudulent, abusive, or illegal activities;
Security concerns or technical issues.
Upon termination, your right to use the Application ceases immediately. Certain provisions, including intellectual property rights, disclaimers, and limitations of liability, shall survive termination.
16. Indemnification
You agree to indemnify and hold harmless OneUp, its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in any way related to:
Your use of the Application;
Your violation of these Terms;
Your violation of any rights of a third party.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Any invalid provision shall be modified to the extent necessary to make it enforceable while maintaining the original intent.
18. No Waiver
Failure by OneUp to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of OneUp.
19. Contact Information
For questions regarding these Terms, contact us at:
support@oneupinvest.com
