Last updated: 21-September-2021 TERMS OF SERVICE
1. GENERAL PROVISIONS
1.1. These terms of service, together with the other documents referred to in these terms of service (hereinafter referred to as the “Terms of Service”), are a binding legal agreement between the User (or “you”) and the Service Provider (or “us”, ‘we”) that govern use of INVESTELLIGENTLY platform, which can be accessed online at https://www.investelligently.com, and establishes the rights, obligations and liability of the Parties.
1.2. By using the Platform and the Services therein, as well as by registering an Account, you confirm that you have read these Terms of Service and rights and obligations of the User established therein and agree to adhere to them unconditionally and irrevocably. If a User does not agree to assume and adhere to all obligations set forth in these Terms of Service, the User shall not have the right to register an Account, use the Platform and Service therein.
1.3. The Service is intended for users that aren’t consumers (being an individual acting primarily for purposes other than a trade, business or profession) and the applicability of consumer protection legislation is therefore excluded. You must be 18 years of age or older to enter into this agreement and use the Service. You represent and warrant that any information you submit is true and accurate, you are fully able and competent, and you have the authority to represent the entity on whose behalf you register an Account and use the Service, if applicable.
1.4. Capitalised terms used in these Terms of Service shall have the following meanings:
1.4.1. Terms of Service – the Terms of Service set herein are a binding legal agreement between the Parties, that establishes the terms and conditions for the use of the Platform and Service provided therein, as well as the rights, obligations and liability of the Parties for violation of these Terms of Service.
1.4.2. Service – is the Financial Data analytics solution that allows Users to get a unique insight into the financial data of public companies listed on a various securities exchanges and alternative trading systems by using the Service Provider collected comprehensive public financial data and analytical templates that allow Users to analyze and compare financial data faster and easier.
1.4.3. Service Provider – the entity providing Service and administering and maintaining the Platform, UAB Finansu analizes ir valdymo sprendimai, legal entity code 303500896, legal address 5 Ulonu str., LT-08240 Vilnius, Lithuania. Data about the Service Provider are collected and stored in the Register of Legal Entities, Register State Enterprise Centre of Registers. Service Provider’s VAT identification number – LT100009077919.
1.4.4. User – a person or its authorized representative who use the Platform and Service therein.
1.4.5. Account – the result of the User’s registration with the Platform, which creates a personal account for the User that stores his or her Personal Data and order history.
1.4.6. Financial Data – is the financial data of public companies listed on a various stock exchange markets that is collected and reported by Service Provider on the Platform based on publicly available sources on official pages of the public companies and various securities exchanges and alternative trading systems. The provided Financial Data is updated on daily basis following the changes in data on the aforementioned publicly available sources, but regularly updated financial data is accessible just for Users on the Service subscription basis.
1.4.7. Personal Data – any information collected by the Service Provider about the User or representative thereof (natural person) as defined in Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
1.4.8. Intellectual Property Rights – any 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.
1.4.9. Parties – the Service Provider and the User.
1.5. No Advice Regarding Investment, Tax, Trading or Security Account Type. The Services provided by the Service Provider include only the collection of Financial Data and their provision to the User with analytics solutions for the analysis of this Financial Data. Neither Service Provider, nor any of its representatives, will: provide User with investment advice or recommendation; offer any opinion regarding the suitability of any security, account type, order, transaction, or investment advisor, or strategy; solicit any order or transaction; monitor User Account or the Financial Data it analyzes, alert User to any change of Financial Data, or provide legal, tax, or accounting advice (collectively – "Advice"). Nothing on Platform is or shall be deemed a recommendation or solicitation to invest, buy or sell securities or any other investment products, or to engage in any investment strategy. User will not seek, accept, or rely on any Advice from Service Provider or its representatives, or any communication that could be construed as such. Because Service Provider does not provide Advice, Service Provider is not responsible for the suitability or appropriateness of any order, trade, investment, investment strategy, selection of advisor or other activity of User. User agrees that any investment or trade decision executed based on Financial Data provided on Platform is solely User's own decision and is based on User's own evaluation of Financial Data and/or its personal financial situation, needs, and investment objective(s). Service Provider does not endorse and is not responsible for any advice, representation, content, or other information provided by third parties, including but not limited to any such information or third party referenced by or accessed through Platform, including but not limited to the official websites of the public companies from which the Financial Data is collected.
1.6. The Service Provider shall process the User’s Personal Data in accordance with the Privacy Policy. The Personal Data Protection and Privacy Policy contains important provisions of the Terms of Service, so it is recommended that the Buyer read them carefully and make sure that all the provisions of the Privacy Policy are understandable and acceptable; available in the Privacy Policy section of the Platform.
1.7. These Terms of Service shall be governed, construed, and enforced in accordance with the laws of the Republic of Lithuania, without giving effect to conflicts-of-law principles thereof. If any provision of these Terms of Service contradicts the legislation of the Republic of Lithuania or becomes invalid in whole or in part for any reason, it shall not invalidate the remaining provisions of the Terms of Service.
1.8. The Service Provider reserves the right to change, amend or supplement these Terms of Service at any time. User shall be informed about changes to the Terms of Service via Platform or Account, or by email. Unless otherwise specified by Service Provider, changes become effective for User upon renewal of the then-current subscription term or entry into a new subscription after the updated version of these Term of Service goes into effect. User may be required to click to accept or otherwise agree to the modified Terms of Service before renewing a subscription term or entering into new subscription, and in any event continued use of any Service after the updated version of this Terms of Service goes into effect will constitute User’s acceptance of such updated version.
2. ACCESS TO THE PLATFORM, SERVICE, AND USE RESTRICTIONS
2.1. Service Provider hereby grants you the right to access the Platform and use the Service, subject to your compliance with these Terms at all times, including timely payment of all applicable fees. Your right to access and use the Service is personal, limited to your internal business purposes, non-transferable, non-exclusive, and revocable.
2.2. All Users must register an Account on the Platform to use the Service. You agree to:
2.2.1. provide accurate, current and complete information as may be prompted by on Account registration form on the Platform;
2.2.2. maintain the security of, and not share with any third party, any logins, passwords, or other credentials that you or any your authorized User selects or that are provided to you or your authorized User for use on the Platform;
2.2.3. maintain and promptly update the Personal Data, and any other information you provide to us, and to keep all such information accurate, current, and complete, and
2.2.4. notify us immediately of any unauthorized use of an Account or any other breach of security by emailing us. Any activity on User’s Account shall be the sole responsibility of the User.
2.3. Access and use of the Platform and Service is possible when Service Provider has identified the User by the User's e-mail address and password indicated at the moment of registration of the Account.
2.4. Without limiting the generality of the foregoing, User shall not, shall not attempt to, and shall not permit or encourage any third party to:
2.4.1. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain improper access to any software component of the Platform, in whole or in part;
2.4.2. modify or create derivative works of the Platform, in whole or in part;
2.4.3. use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party;
2.4.4. interfere with or disrupt the integrity of the Platform and/or Service, or any content or data contained therein or transmitted thereby;
2.4.5. access, monitor, or copy any content or information on the Platform using any robot, spider, scraper, or other automated means or any manual process for any purpose incompatible with the essence of the Service without our express written permission;
2.4.6. violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Platform and/or Service;
2.4.7. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
2.4.8. “frame”, “mirror,” sell, resell, rent, or lease any portion of the Service or otherwise incorporate any part of the Service into any other website without our prior written authorization;
2.4.9. input any virus, malware, or other harmful code into the Service;
2.4.10. use the Platform or/and Service, or any provided Financial Data analyzing solutions for benchmarking or competitive analysis with respect to competitive or related products or services or to develop, commercialize, license, or sell any product, service, or technology that could, directly or indirectly, compete with the Service; or
2.4.11. violate any applicable local, provincial national, or international law or regulation.
2.5. Service Provider reserves the right to suspend provision of Service, if Service Provider deems such suspension necessary as a result of User’s breach of these Terms of Service, or/and if Service Provider reasonably determines suspension is necessary to avoid material harm to Platform or its other users, including if the Service is experiencing denial of service attacks, mail flooding, or other attacks or disruptions outside of Service Provider control, or/and as required by law or at the request of governmental entities.
3. SERVICE SUBSCRIPTION, FEES AND PAYMENT
3.1. Access to certain features of the Platform may be provided to you free of charge, while access to real-time Financial Data and selected features of Service may be provided on a Service subscription basis. Additional information regarding the Service subscription plans and pricing may be found on the Pricing section of the Platform.
3.2. Service Provider reserves the right to implement new fees or change the fees for certain Services at any time in accordance with the general procedure for amending and informing the Users about the change of these Terms of Service.
3.3. Subscription purchased via Platform are billed either monthly or annually. Your selected payment method will be charged automatically on a recurring monthly or annual basis. Your subscription will be renewed automatically, and you will be charged in advance of each billing cycle unless you cancel.
3.4. By purchasing any Service subscription, you authorize Service Provider or its third-party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider can store your credit card information. If Service Provider does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and Service Provider may suspend your access to the Services until full payment is received or terminate the Service.
3.5. The third-party payment system Stripe is used to make all User payments on the Platform and to store credit or debit card and merger information. The Stripe system operator and supplier is Stripe Payments Europe, Ltd, C / O A & L Goodbody, Ifsc, North Wall Quay Dublin D01 H104, Dublin, Ireland. The payment service provider operates under an electronic money institution license issued by the Central Bank of Ireland ([license number]).
3.6. All sales are final, and Service Provider will not issue refunds, including for monthly/annually Service subscription fees. By cancelling a monthly/annual subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly/annual billing period. You will not receive a refund; however, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly/annual billing period. If you choose an automatic recurring payment and later decide to end your subscription, cancelling the payment is your responsibility. Service Provider does not refund automatic payments not cancelled in time.
4. INTELLECTUAL PROPERTY
4.1. The Platform, and all of the content it contains, or may contain in the future, 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 trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to this Platform or/and Service, are owned by or licensed by Service Provider 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 the Republic of Lithuania and other countries.
4.2. You agree to protect the proprietary rights of Service Provider and all others having rights in the Service during and after the Service provision term and to comply with all reasonable written requests made by Service Provider 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.
4.3. During the provision of the Services, in accordance with these Terms of Service, the User is granted the non-exclusive right to use the Platform or/and Service, database and the Financial Data, and its analyzing solutions provided by Service Provider only for direct commercial use. You agree to notify Service Provider in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All the Intellectual Property Rights shall, as between User and Service Provider, at all times be and remain the sole and exclusive property of Service Provider. 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 Service provider for its exclusive use. Except as specifically permitted by these Terms of Service, you may not copy or make any use of the Service or any portion thereof.
5. DISCLAIMER AND LIMITATION OF LIABILITY
5.1. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, FINANCIAL DATA, AND/OR ANALYTICS SOLUTIONS FOR THE ANALYSIS OF THIS FINANCIAL DATA, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT SERVICE PROVIDER TO THE MAXIMUM EXTENT PERMITTED BY LAW MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SERVICE PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS PLATFORM OR THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN ADVICE OR INFORMATION USER RECEIVES FROM THE DATA PROVIDED BY THE SERVICE PROVIDER WILL CREATE A WARRANTY, AND USER IS NOT ENTITLED TO RELY UPON ANY SUCH ADVICE OR INFORMATION.
5.2. You acknowledge that, regardless of the fact that the Service include Financial Data taken from publicly available sources on official pages of the public companies, Service is provided for information purposes only and is not intended for trading and/or investment purposes and Service Provider, does not guarantee the sequence, accuracy, completeness, or timeliness of the provided Financial Data or any other information that was collected by Service provider from aforementioned publicly available sources and reported on the Platform, and none of the information contained on this Platform constitutes a solicitation, offer, opinion, endorsement or recommendation by Service provider 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 the information provided on this Platform is not intended to use by, or distribute 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, Service provider, 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: inaccuracies or errors in or omissions from the Service including, but not limited to, financial data; and/or delays, errors, or interruptions in the transmission or delivery of the Service; or loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
5.3. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SERVICE PROVIDER, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF SERVICE PROVIDER HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH THIS PLATFORM, THE SERVICE, USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THESE TERMS OF SERVICE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SERVICE PROVIDER TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICE.
6. TERMINATION
6.1. Your account and subscription of the Service is automatically renewed and remain in effect unless you terminate it or unless the Service provider terminates your account as provided by these Terms of Service.
6.2. You may terminate the Terms of Service, with or without cause and at any time, by discontinuing your use of the Platform and Service.
6.3. Service provider reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Platform and Service, with or without prior notice as a result of User’s breach of these Terms of Service, or/and if Service Provider reasonably determines suspension is necessary to avoid material harm to Platform or its other users, including if the Service is experiencing denial of service attacks, mail flooding, or other attacks or disruptions outside of Service Provider control, or/and as required by law or at the request of governmental entities.
7. FINAL PROVISIONS
7.1. These Terms of Service, including all disputes, shall be governed and construed in accordance with the laws of the Republic of Lithuania, without giving effect to conflicts-of-law principles thereof. Any disputes arising from these Terms of Service shall be settled by a negotiation. Should the parties fail to reach an agreement, you agree to submit to the personal jurisdiction of courts located in Vilniaus District in the Republic of Lithuania concerning any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Terms of Service and wave any objection to such jurisdiction.
7.2. In connection with your use of the Platform and Service, you may be asked to consent to policies or terms and conditions in addition to these Terms of Service. Please read these supplemental policies and terms carefully before use of the Platform, registration an Account and use any Service. Any supplemental terms will not vary or replace these Terms of Service unless otherwise expressly stated.
7.3. Unless otherwise specified herein, the Terms of Service constitute the entire agreement between you and the Service Provider and govern your use of the Service. If any portion of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
7.4. Previous version of the Terms of Service:
- Version of the Terms of Service valid until [date].