Gekko360 User Agreement and Terms of Service

Welcome to Gekko360!

Thank you for using GekkoSearch and/or GekkoGraph (collectively known as “GEKKO360”). GEKKO360 are provided by Gekko Artificial Intelligence Limited (also known as “Gekko Lab”), located at Entrepreneurship Centre, I.T. Street, Level 3, Cyberport 3, 100 Cyberport Road, Hong Kong.

Please read all of the following terms and conditions for this website (“TOS”) before using this site. By continuing to access, link to, or use this site, or any service on this site, you signify your acceptance of this TOS.

These TOS set forth the legal terms and conditions governing your use of our website located at www.gekko.ai and any other online and mobile websites, blogs and interactive applications operated by Gekko Lab (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control). Gekko Lab reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this site. For changes to these TOS that we deem material, we will place a notice on https://gekko.ai/ by revising the link on the homepage to read substantially as “Updated Terms of Use” for an amount of time that we determine in our discretion. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the TOS will constitute your acceptance of the TOS. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by Gekko Lab and shall be of no force or effect.

1. User Consent to the TOS

You represent that you have read and agree to be bound by the TOS.

2. Intellectual Property

This Web site, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Service”) that relates to this site, are owned by or licensed by Gekko Lab or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Hong Kong and other countries.

All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by Gekko Lab and its subsidiaries, and their respective general partners and affiliates (collectively “Gekko”) and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Gekko and such others. You agree to protect the proprietary rights of Gekko and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Gekko Lab or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify Gekko Lab in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Gekko, at all times be and remain the sole and exclusive property of Gekko. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Gekko for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Gekko Lab’s prior written approval.

3. Licence and Services

You agree that the services provided to you shall consist of a non-exclusive and non-transferable licence to use GEKKO360, and any data or graphs produced from GEKKO360.

Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by Gekko Lab only for your personal use, noncommercial use in accordance with the TOS and does not transfer any other rights to you.

We may modify, suspend, or discontinue the GEKKO360 (or any part or content thereof) at any time with or without notice to you, and we will not be liable to you should we exercise such rights. Where new features are added to the Gekko360, the terms and conditions under this TOS shall equally apply to such new features.

Your usage of GEKKO360 will be periodically monitored to ensure compliance with this TOS.

4. Restrictions on Use

GEKKO360 is provided solely for your use and shall not be used for any illegal purpose or in any manner inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Gekko Lab or any of its suppliers.

In no event will you engage the use of web crawlers or any other means to move, copy, disseminate, broadcast, reproduce, port, store or otherwise route the information provided through GEKKO360 to any device, printer, display or application which could cause the information so used or disseminated to be a source of or substitute for the information otherwise required to be supplied by us or available from us.

Except as expressly permitted by Gekko in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the Service without Gekko Lab’s prior written consent. Nothing contained in the TOS or on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Service in any manner without the prior written consent of Gekko or such third party that may own the Service or intellectual property displayed on this site. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the service is strictly prohibited. Any use of the Service other than as permitted by the TOS will violate the TOS and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the TOS by others that you become aware of.

You may not offer any part of the Service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior consent of Gekko Lab. The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database Services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party.

You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Service that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of Gekko Lab, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.

You may not use any of the trademarks, trade names, service marks, copyrights, or logos of Gekko in any manner which creates the impression that such items belong to or are associated with you or are used with Gekko’s consent, and you acknowledge that you have no ownership rights in and to any of such items.

You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service. You may neither obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service. You shall not violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of Gekko Lab, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of Gekko Lab. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

5. Warranties and Limitations of Liabilities

We make no warranty, express or implied, as to the results to be attained by you from the use of GEKKO360. We do not warrant that GEKKO360 is error-free or will operate without interruption.

The information and data contained in GEKKO360 are derived from publicly available information and/or sources deemed reliable, but we and our suppliers do not warrant, whether expressly or impliedly, the correctness, accuracy, veracity and/or completeness of any programs, data or other information furnished in connection with GEKKO360.

The information and data contained in GEKKO360 are subject to change, completion and amendment without further notice. You acknowledge that (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken from stock exchanges and other sources from around the world; (iii) Gekko does not guarantee the sequence, accuracy, completeness, or timeliness of the Service or any information, facts, views, opinions, statements or recommendations contained on this site and/or the Service; (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Gekko is a party; (v) none of the information contained on this site constitutes a solicitation, offer, opinion, endorsement or recommendation by Gekko to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (vi) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, Gekko, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

You shall indemnify, hold harmless and at your expense, defend us, our employees, officers and directors from and against any loss, claim, demand or expense (including reasonable attorneys’ fees) arising, directly or indirectly, in connection with a breach of this agreement by you or the use of GEKKO360 by you.

No party shall be liable to the other for any default resulting from force majeure, which shall be deemed to include any circumstances beyond the reasonable control of the party or parties affected.

Gekko does not warrant that the Service is compatible with your equipment or that the Service, or email sent by Gekko or its representative, is free of errors, worms, or “Trojan horses’’, or any other harmful, invasive, or corrupted files, and is not liable for: (i) any injury or damages, whether caused by the negligence of Gekko, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Gekko by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements (“Third Party Sites”) that may be linked to the Service is not maintained or controlled by Gekko. Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site. Gekko is not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. Gekko does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service. If you decide to leave this site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. Gekko is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that Gekko and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.

6. Registration and Account Creation

As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will select a username and a password. You will provide Gekko Lab with certain registration information, all of which must be accurate, truthful, and updated.

You shall not: (i) select a username already used by another person; (ii) create an account for anyone other than yourself without permission; (iii) use a username in which another person has rights without such person’s authorization; or (iv) use a username or password that Gekko Lab, in its sole discretion, deems offensive or inappropriate. Gekko Lab reserves the right to deny creation of your account based on Gekko Lab’s inability to verify the authenticity of your registration information.

You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Gekko Lab by submitting Feedback of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. You agree you will not sell, transfer or assign your membership or any membership rights. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. Gekko Lab reserves the right to terminate your account, in its sole discretion, at any time without notice. If we disable your account, you agree that you will not create another one without our permission. You may terminate your account at any time by submitting feedback. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred (if any) up to the time the account is terminated. Notwithstanding anything else herein, Gekko Lab reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.

7. Governing Law

This agreement and TOS shall be governed and construed in accordance with the laws of the Hong Kong.

8. Dispute Resolution Clause

With respect to any disputes or claims, you agree to submit to the exclusive jurisdiction of the courts in Hong Kong with respect to any legal proceedings that may arise in connection with the use of GEKKO360 or from a dispute as to the interpretation or breach of the TOS.

9. User Data Protection Privacy Policy.

Any information we collect from you may be used in one of the following ways: (i) to personalise your experience when using GEKKO360; and (ii) processing for statistical purposes.

Your information, whether public or private, will not be sold, exchanged or transferred, or given to any other company for any reason, without your consent, other than for the express purpose of delivering the purchased services or product.

We implement a variety of security measures to maintain the safety of your personal information. We offer the use of a secure server. Your personal information and data will only be kept for as long as is necessary to fulfil the purpose for which such personal information and data are collected.

Cookies are small files that a site or service provider transfers to your computer hard drive through your web browser (if you allow) that enables the site or service provider to recognise your browser and capture and remember certain information. We use cookies for authentication during certain processes such as login.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or to protect ours or others rights, property, or safety.

This online privacy policy applies only to information collected through our website and not to information collected offline.

If we decide to change our privacy policy, we will post those changes on this page.

10. General

This Agreement contains the final and entire agreement between us regarding your use of GEKKO360.

All claims regarding this agreement and TOS are governed by and construed in accordance with the Laws of Hong Kong, applicable to contracts wholly-made and performed in such jurisdiction, except for any choice or conflict of Law principles, and must be litigated in Hong Kong, regardless of the inconvenience of the forum, except that a party may seek temporary injunctive relief in any venue of its choosing.

If any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent of the Parties, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions.

Contact Information

If you have any enquiries relating to the use of GEKKO360, you may contact us at the following:

Gekko Artificial Intelligence Limited

Entrepreneurship Centre, I.T. Street, Level 3, Cyberport 3, 100 Cyberport Road, Hong Kong

Tel: +852 3892 5809
Email: info@gekko.ai