Terms of Service

Last updated: April 19, 2025

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT” OR “TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY Data Analytics JHN (“Data Analytics JHN”, “we”, “us”, “our”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE Data Analytics JHN WEBSITE (INCLUDING 1190TRUST.COM, EZBRISK.COM AND ANY SUBDOMAINS, HEREINAFTER THE "SITE") AND ALL RELATED SERVICES, FEATURES, CONTENT, OR APPLICATIONS OFFERED (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1. Acceptance of Terms

The Service is offered subject to your acceptance without modification of all of these Terms and all other operating rules, policies (including, without limitation, Data Analytics JHN’s Privacy Policy, available separately) and procedures that may be published from time to time on the Site by Data Analytics JHN. Your use of certain services may be subject to additional terms and conditions specified by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

We may, in our sole discretion, refuse to offer the Service to any person or entity and change eligibility criteria at any time. These Terms are void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

2. Financial Information Disclaimer (IMPORTANT)

NO FINANCIAL ADVICE: The information, data, analysis, tools, and content provided by the Service (collectively, "Content") are for informational and educational purposes ONLY. The Content is generated based on algorithms, data models, and publicly available information, which may contain errors or be outdated. Data Analytics JHN is NOT a registered investment advisor, broker-dealer, or financial planner. The Service does NOT provide financial, investment, legal, or tax advice.

GENERAL INFORMATION ONLY: Any Content provided is general in nature and has been prepared without considering your specific objectives, financial situation, or needs. It should NOT be considered a recommendation to buy, sell, or hold any particular security or pursue any specific investment strategy.

DO YOUR OWN RESEARCH: You should not rely solely on the Content provided by the Service. Before making any investment decision, you MUST conduct your own independent research and due diligence. We strongly recommend that you consult with a qualified and licensed financial advisor, tax professional, and/or legal counsel to consider whether any investment or strategy is appropriate for your individual circumstances.

RISK OF LOSS: Investing in securities involves risk of loss, including the loss of principal. Past performance is not indicative of future results. Data Analytics JHN does not guarantee any specific outcome or profit.

3. Eligibility and Account Creation

To create an account and use the Service, you represent and warrant that you are:

  • At least 18 years of age, or the age of legal majority in your jurisdiction if higher;
  • Possess the legal right and ability to enter into a legally binding agreement with us; and
  • Agree to use the Service in accordance with these Terms and all applicable laws and regulations.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We retain the right to refuse account creation or terminate accounts in our sole discretion.

4. Rules of Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms or by applicable law. You shall not (and shall not permit any third party to):

  • Engage in any activity that violates any applicable local, provincial, state, national, or international law or regulation;
  • Provide false or misleading information during account registration or use;
  • Infringe upon the intellectual property or other rights of any other person or entity;
  • Engage in threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive, tortious, obscene, or offensive conduct;
  • Attempt to interfere with the proper working of the Service, including imposing an unreasonable load on our infrastructure, bypassing security measures, or introducing viruses or harmful code;
  • Use any automated means (scraping, harvesting, data extraction) to access the Service, except through documented APIs if provided by us;
  • Reverse engineer, decompile, or otherwise attempt to discover the source code or underlying algorithms of the Service, except to the extent applicable law prohibits such restrictions;
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
  • Share your account access with others unless explicitly permitted by your subscription level.

5. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Service (including availability of features or content) at any time by posting a notice on the Site or sending you notice through the Service or via email. We may also impose limits on certain features or restrict access without notice or liability. While we will endeavor to provide notice of material changes, it is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

6. Intellectual Property

Unless otherwise indicated, Data Analytics JHN owns or licenses all rights, title, and interest (including copyright, trademarks, patents, and other intellectual property rights) in the Site and the Content (excluding user-provided data like portfolio information, if applicable). Your use of the Service does not grant you any rights, title, or interest in the Site or Content, except for a limited, non-exclusive, non-transferable, revocable license to access and use the Service and view the Content strictly in accordance with these Terms and your subscription level.

Any reproduction, redistribution, copying, or other use of the Site, the Content, or any part thereof is prohibited except as expressly permitted by these Terms (e.g., social sharing features if provided) or with our prior written consent.

7. Fees, Payments, Subscriptions, and Refunds

Paid Services: Certain features or levels of the Service may require payment ("Paid Services"). By selecting a Paid Service, you agree to pay Data Analytics JHN the applicable subscription fees indicated (e.g., monthly or annual).

Automatic Renewal: Unless you notify Data Analytics JHN before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew. You authorize us to collect the then-applicable annual or monthly subscription fee (plus any applicable taxes) using any credit card or other payment mechanism we have on record for you.

Cancellation: Subscriptions can be canceled at any time through your account settings or by contacting [email protected]. Cancellations will take effect at the end of the current billing cycle.

NO REFUNDS: All fees paid are non-refundable. Due to the nature of the service and potential costs incurred upon subscription (e.g., data access, server resources), we do not offer refunds or credits for partial subscription periods, unused time, or if you cancel before the end of your term.

Price Changes: We reserve the right to change our prices and offerings. If you are on a subscription plan, price changes will take effect starting with your next renewal period, and we will provide you with reasonable prior notice.

Taxes: Stated fees do not include applicable taxes (such as GST/HST, PST, QST, VAT, or other sales taxes). You are solely responsible for paying all such taxes associated with your purchases. We may invoice you for taxes if required by law.

Late Payments: If any fees are past due, we may suspend your access to Paid Services after providing written notice of late payment.

8. Termination

We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, if you breach these Terms. If you wish to terminate your account, you may do so by following instructions on the Site in your account settings by contacting us.

Upon termination, all rights and licenses granted to you shall immediately terminate. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions. Paid fees remain non-refundable upon termination.

9. Indemnification

You agree to defend, indemnify, and hold harmless Data Analytics JHN, its affiliates, and each of its and its affiliates' employees, contractors, directors, suppliers, and representatives from all liabilities, claims, losses, damages, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Service or Content, (ii) your violation of these Terms, or any applicable law, contract, policy, regulation or other obligation, or (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

10. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Data Analytics JHN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE.

Data Analytics JHN DOES NOT WARRANT THAT: (I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (V) THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAWS IN CANADA), IN NO EVENT SHALL Data Analytics JHN OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE OR CONTENT:

  • (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER;
  • (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION);
  • (III) FOR YOUR RELIANCE ON THE SERVICE OR CONTENT; OR
  • (IV) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) THE FEES PAID BY YOU TO Data Analytics JHN FOR THE SPECIFIC SERVICE DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) ONE HUNDRED CANADIAN DOLLARS ($100.00 CAD).

THESE LIMITATIONS APPLY EVEN IF Data Analytics JHN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. Dispute Resolution by Binding Arbitration (IMPORTANT - PLEASE READ CAREFULLY)

This section is referred to as the “Arbitration Agreement.”

Agreement to Arbitrate: You and Data Analytics JHN agree that any and all disputes, claims, demands, or causes of action (“Claims”) arising out of or relating to these Terms, the Service, the Content, or the relationship between you and Data Analytics JHN, will be resolved exclusively through final and binding arbitration conducted in Ontario, Canada, rather than in court, except that you may assert Claims in small claims court in Ontario if your claims qualify.

Governing Law & Rules: The laws of the Province of Ontario and the federal laws of Canada applicable therein (without regard to conflict of law principles) shall govern the interpretation and enforcement of this Agreement and any dispute arising hereunder. The arbitration will be conducted by a single neutral arbitrator under the Arbitration Rules of the ADR Institute of Canada, Inc. (“ADRIC Rules”) in effect at the time the arbitration is initiated, as modified by this Arbitration Agreement. Information about ADRIC Rules can be found at https://adric.ca/.

Prohibition of Class Actions: YOU AND Data Analytics JHN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Pre-Arbitration Negotiation: Before initiating arbitration, the party with a Claim must first send a written Notice of Dispute to the other party, describing the basis of the Claim and the relief sought. Notice to Data Analytics JHN should be sent to [email protected]. The parties will attempt to resolve the Claim through informal negotiation within sixty (60) days from the date the Notice is sent. If not resolved within 60 days, either party may commence arbitration.

Arbitration Procedure: The arbitration will be conducted in English in Toronto, Ontario, unless mutually agreed otherwise. The arbitrator’s decision will be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs: Payment of arbitration fees will be governed by the ADRIC Rules. Each party will bear its own costs and attorneys’ fees, unless the arbitrator determines the claim was frivolous or brought for an improper purpose or unless applicable law or the ADRIC Rules provide otherwise.

Opt-Out of Arbitration Agreement: You can reject this Arbitration Agreement by sending an opt-out notice via email to [email protected] within thirty (30) days after you first agree to these Terms or first use the Service, whichever is later. The Opt-Out notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of this Arbitration Agreement. Opting out will not affect any other part of these Terms.

Severability: If any part of this Arbitration Agreement (other than the class action waiver) is found to be invalid or unenforceable, the remaining parts shall remain in effect. If the class action waiver is found invalid or unenforceable, that specific part shall be severed, but the remainder of the Arbitration Agreement (including the agreement to arbitrate individual claims) shall remain in effect.

13. Miscellaneous

Entire Agreement: These Terms (including the Privacy Policy available separately) constitute the entire agreement between you and Data Analytics JHN regarding the Service and supersede all prior communications.

Waiver: Failure by either party to exercise any right provided for herein shall not be deemed a waiver of any further rights.

Severability: If any provision of these Terms (outside the Arbitration Agreement) is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise remain in full force and effect.

Assignment: These Terms are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

No Agency: No agency, partnership, joint venture, or employment relationship is created by these Terms.

Notices: Notices to Data Analytics JHN under these Terms should be sent in writing to [email protected], unless otherwise specified.

14. Contact

For questions regarding these Terms of Service, please contact us at [email protected].

Privacy Policy

Last updated: April 19, 2025

1. Introduction

Data Analytics JHN ("Data Analytics JHN", "we", "us", "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website ezbrisk.com and 1190trust.com (including any subdomains, the "Site") and use our services (collectively, the "Service"). Please read this policy carefully. By using the Service, you agree to the collection and use of information in accordance with this policy.

This Privacy Policy should be read in conjunction with our Terms of Service (above).

2. Information We Collect

We may collect information about you in a variety of ways. The information we may collect via the Service includes:

  • Personal Data You Provide: Personally identifiable information, such as your name and email address, that you voluntarily give to us when registering for an account or choosing to participate in various activities related to the Service (like contacting support or subscribing to newsletters). If you subscribe to Paid Services, we (or our third-party payment processor) will collect payment information (e.g., credit card number, billing address), but we typically only receive transaction confirmation and limited card details (like the last four digits and expiry date).
  • Usage Data: Information our servers automatically collect when you access the Site, such as your IP address, browser type, operating system, access times, pages viewed, the referring URL, and the ticker symbols or features you interact with.
  • Tracking & Cookies Data: We use cookies and similar tracking technologies (like web beacons and pixels) to track activity on our Service and hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we use:
    • Session Cookies: To operate our Service.
    • Preference Cookies: To remember your preferences and various settings.
    • Security Cookies: For security purposes.
    • Analytics Cookies: We use third-party services like Google Analytics to collect, monitor, and analyze usage data to improve our Service. Google's ability to use and share information collected by Google Analytics is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.
  • Information from Third Parties: We may receive information about you from other sources, such as public databases or third-party partners, if relevant to providing or improving the Service, but typically our collection focuses on data you provide or that is generated through your use of the Service.

3. How We Use Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Service to:

  • Create and manage your account.
  • Provide, operate, and maintain the Service.
  • Process your transactions and manage your subscriptions for Paid Services.
  • Improve, personalize, and expand the Service and develop new features.
  • Understand and analyze how you use the Service.
  • Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the Service, and for marketing and promotional purposes (where permitted by law and subject to your opt-out rights).
  • Send you emails (e.g., confirmations, technical notices, security alerts).
  • Monitor and analyze usage and trends to improve your experience.
  • Detect, prevent, and address technical issues and fraudulent or illegal activity.
  • Comply with legal obligations and enforce our terms and policies.

4. How We Share Your Information

We do not sell your personal information. We may share information we have collected about you in certain situations:

  • With Service Providers: We may share your information with third-party vendors, consultants, and other service providers who perform services on our behalf (e.g., payment processing, data analysis, email delivery, hosting services, customer service, analytics). These service providers will only have access to your information to the extent necessary to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose, typically under contractual agreements requiring data protection.
  • For Legal Reasons: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court, government agency, law enforcement). We may also disclose information if we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
  • Business Transfers: If Data Analytics JHN is involved in a merger, acquisition, or asset sale, your personal information may be transferred as part of that transaction. We will provide notice before your personal information is transferred and becomes subject to a different privacy policy.
  • With Your Consent: We may disclose your personal information for any other purpose with your consent.
  • Aggregated or Anonymized Data: We may share aggregated or anonymized information (which does not directly identify you) for various purposes, including analysis, research, or improving our services.

5. Cookies and Tracking Technologies

As mentioned, we use cookies and similar technologies. You can manage your cookie preferences through your browser settings. For more information about Google Analytics and how to opt-out, visit Google's Ads Settings and the Google Analytics Opt-out Browser Add-on.

6. Data Security

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against interception or misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

7. Data Retention

We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws, like tax/accounting requirements), resolve disputes, and enforce our legal agreements and policies. Usage Data is generally retained for a shorter period, except when this data is used to strengthen security or improve functionality, or we are legally obligated to retain it longer.

8. International Data Transfers

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction (e.g., data may be processed in the United States or other countries where our service providers operate).

If you are located outside Canada and choose to provide information to us, please note that we transfer the data, including Personal Data, to Canada and potentially other locations (like the US) for processing. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Data Analytics JHN will take reasonably necessary steps to ensure that your data is treated securely and in accordance with this Privacy Policy and applicable data protection laws. No transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information, or subject to appropriate safeguards (like Standard Contractual Clauses where applicable) or your explicit consent.

9. Your Privacy Rights (PIPEDA, GDPR, CCPA Considerations)

Depending on your location, you may have certain rights regarding your personal information under applicable laws like Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), the EU/UK's General Data Protection Regulation (GDPR), or the California Consumer Privacy Act (CCPA).

We extend the following rights to our users where applicable, and endeavor to provide them generally:

  • Right to Access: You may have the right to request access to the personal information we hold about you.
  • Right to Correction (Rectification): You may have the right to request correction of inaccurate or incomplete personal information.
  • Right to Deletion (Erasure): You may have the right to request the deletion of your personal information, subject to certain exceptions (e.g., legal obligations, ongoing service provision).
  • Right to Withdraw Consent: Where processing is based on consent, you may have the right to withdraw your consent at any time (this will not affect the lawfulness of processing before withdrawal).
  • Right to Data Portability (GDPR): Users in applicable jurisdictions may have the right to receive their data in a structured, commonly used, machine-readable format.
  • Right to Object (GDPR): Users in applicable jurisdictions may have the right to object to processing based on legitimate interests.
  • Right to Opt-Out of "Sale" (CCPA): California residents have this right. As noted, Data Analytics JHN does not currently "sell" personal information as defined under CCPA.
  • Non-Discrimination: We will not discriminate against you for exercising your privacy rights.

Exercising Your Rights: To exercise these rights, please contact us at [email protected] [email protected]. We may need to verify your identity before responding to your request. We will respond within the timeframes required by applicable law.

Complaints: If you have concerns about our handling of your personal information, we encourage you to contact us first. You may also have the right to lodge a complaint with your local data protection authority or the Office of the Privacy Commissioner of Canada.

10. Children's Privacy

Our Service is not intended for use by individuals under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from Children. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

11. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last updated" date. You are advised to review this Privacy Policy periodically for any changes. Changes are effective when they are posted on this page.

12. Contact Us

If you have any questions about this Privacy Policy, please contact us at: [email protected] [email protected].