Last updated on 13 April 2020

Definitions are set out at the end of this Agreement.

BY CLICKING ON THE “Accept and continue” BUTTON, INSTALLING, COPYING OR OTHERWISE USING ANY SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE “I DO NOT ACCEPT THIS AGREEMENT” BUTTON AND/OR DO NOT INSTALL ANY SERVICE.

USE OF THE SERVICE: Fintonium hereby grants you a world-wide, non-exclusive and non-transferable right to access the Service, Platform and/or the Site and to view the Information subject to this Agreement and your compliance with any Documentation.

You agree that:

1. You will not use any Service in breach of this Agreement, any applicable laws, regulations or market conventions;
2. You will not transmit, undertake or encourage the following in relation to any Service:(i) give unauthorized investment advice or financial promotions; or use a false address or name, or (ii) use false details or deceive Fintonium or other Users;
3. You will be responsible for obtaining and maintaining all necessary consents and licenses and for making all filings necessary to receive or use any Service.
4. When Fintonium provides a Service which is accessed using a password, account name or other identifier (collectively, “Password”), you will (i) ensure each Password is kept confidential and not shared among individuals, and (ii) notify Fintonium promptly if you become aware of any Password being used by a person not authorized by you to access that Service.

USE OF PLATFORM: If Fintonium provides you with Platform or access to Platform, you may only use Platform in accordance with the instructions, and in connection with the Service. You are granted a non-exclusive, non-transferable right to use any Platform provided as part of any Service. Any version of Platform ordered by you is hereby licensed, not sold, to you under the following conditions by Fintonium. You agree not to copy the Platform except as expressly allowed by this Agreement. Fintonium reserves to itself any rights not expressly granted to you under this non-exclusive Agreement.

LIMITATIONS ON USE: This Agreement permits a single user to use any Service and/or access the Information through a single user ID and Password. Use by more than one User accessing through a single user ID is not authorized. If more than one person desires to use the Service, you must purchase an additional license for each additional user. Each Service requires a valid email address in order to access and use the Service. Any Service will not allow for more than one login (as validated by the email address) at any time and will terminate any simultaneous connections to the Service. Validation of the email address must be done through an active internet connection.

The Information may only be reproduced when downloaded and viewed by you for your individual use only. You must not reuse the Information in any other way including redistributing it. You must not allow any third party to use (a) your Security Features or (b) the Service in any manner inconsistent with this Agreement. On termination of this Agreement, your rights to use the Information and the Service cease.

DATA PROTECTION/PRIVACY/COMMUNICATIONS: You agree that your details may be used by Fintonium, its third party information providers and/or its licensors as set out in Privacy Notice(s) at http://metastock.com/company/legal/privacy.aspx.

PROPRIETARY RIGHTS: All intellectual property rights in any Service, Platform and the Information, including without limitation copyright and database rights, shall remain the property of Fintonium.

THIRD PARTY RIGHTS: You acknowledge that third party information and software providers may have rights in the Information and/or Platform which they supply and they or another member of the Fintonium group of companies may be a third party beneficiary of this Agreement (including, without limitation, any warranty, disclaimer or limitation of liability) with the right to enforce and enjoy the protection of this Agreement in their own name. Fintonium may have the right, however, to change or terminate this Agreement without the consent of such third parties. Apart from these provisions and provisions relating to Digital Signatures, a person who is not a party to this Agreement shall have no rights to enforce any of its terms.

You agree to comply with any reasonable restrictions or conditions imposed on the use and access of Information or Platform imposed by the relevant third-party information provider or licensor in order to protect such third party’s legitimate interests. These may be notified to you by Fintonium or by such third party. If any restriction or conditions imposed after your acceptance of this Agreement substantially reduces your ability to use the Service, you may terminate this Agreement with effect from (a) the first day of the next Billing Cycle where your Billing Cycle is monthly or (b) where your Billing Cycle is annual, thirty (30) days after Fintonium notifies you of such restriction or conditions.

FEES AND PAYMENTS: Payment for any Service can only be made via a credit/debit card. You will be responsible for the payment of all online charges and for the communication facilities which enable you to access the Service. Fintonium may adjust or change the basis of calculation of the Fees by giving you notice on or before the commencement of your next Billing Cycle. Such change will be effective on the first day of the next Billing Cycle. Following notice of an increase in the Fees, you may terminate your access to the Service. Termination of your access to the Service will take effect on the first day of the next Billing Cycle.

Monthly and annual subscriptions will be billed to your credit card on the first day of each Billing Cycle (monthly or annually) until the Service is cancelled. Charges for monthly and annual subscriptions are not refundable once billed. Monthly and annual subscriptions will automatically renew unless you notify us that you want to terminate your Service, by using the contact information at http://metastock.com/Company/about/Contact.aspx. Termination of your access to any Service will take effect on the first day of the next Billing Cycle. Exchange fees for receiving real-time data will only be billed monthly, and are non-refundable. Exchanges have the right to change these fees at any time. Fintonium also has the right to change the Service fees at any time.

Fintonium will use reasonable endeavours to provide reasonable notice of any change to Fees which relate to fees imposed by a third party but you agree that these may change without notice if a change is imposed on Fintonium by any such third party. Fintonium shall be entitled to charge you interest at 1% per month or the maximum allowed by law (whichever shall be the lower) on any overdue Fees.

SECURITY FEATURES: You agree to keep your Security Features confidential and secure and not to assign, share, sell, barter, transfer, compromise them or exchange them. If you learn or suspect that a Security Feature has been obtained by another person or been compromised or the security of any Service has been affected, you must promptly notify Fintonium by using “Contact Us” and/or take any appropriate security measures. You agree to cooperate with Fintonium’s reasonable security investigations. Any attempt to access any part of the Site which requires Security Features without the required Security Features and/or payment of the Fees or any attempt to tamper with Security Features is unlawful and a material breach of this Agreement and could result in criminal and/or civil penalties. Fintonium may change Security Features on notice to you for security reasons.

TERM AND TERMINATION: This Agreement will take effect from the date on which Fintonium notifies you that you are permissioned for any Service by sending to you an e-mail containing your user id. This Agreement remains in effect so long as you have a subscription to any Service or Fintonium terminates this Agreement earlier pursuant to the terms of this Agreement.

Either you or Fintonium may terminate a subscription at any time during a Billing Cycle. This notice of cancellation will be effective from the first day of the next Billing Cycle.

Fintonium may terminate or suspend your access to the Site, or a Service or any part, immediately if you are in material breach of any of this Agreement and you fail to remedy such breach (if capable of remedy) within 5 days of Fintonium requesting that you do so. Failure to make payment of the Fees when due constitutes a material breach of this Agreement. Fintonium may terminate or suspend your access to a Service if you cease to meet the published eligibility criteria or if any related Service is ended. Fintonium may without notice suspend your access to any Service, for security reasons or where it is reasonable to do so to protect its or another’s legitimate interests.

FORM AND CONTENT: Fintonium retains control over the form and content of any Service. Fintonium may modify or cancel any Service or part of any Service. Fintonium shall use reasonable endeavours to give you a minimum of 30-day notice of a material modification or cancellation. If Fintonium cancels or substantially modifies any Service or part of any Service, you may terminate your access to the Service with effect from (a) the first day of the next Billing Cycle where your Billing Cycle is monthly or (b) where your Billing Cycle is yearly, thirty (30) days after Fintonium notifies you of such change or modification.

NO INVESTMENT ADVICE: You agree that (a) any Service is provided for informational purposes only, (b) any investment decisions you make are solely at your own risk, (c) neither Fintonium nor any of its third party information providers shall not be responsible or liable for any trading or investment decisions made based on information provided by the Service, (d) the Service does not recommend any securities, financial products or instruments, nor does the Service provide any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy, or financial product, and (e) the Service does not provide tax, legal or investment advice.

WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT YOUR USE OF ANY SERVICE IS AT YOUR SOLE RISK. NEITHER Fintonium, NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, NOR ANY THIRD PARTY INFORMATION PROVIDERS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR HAVE 100% UPTIME NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT OR ANY INFORMATION PROVIDED THROUGH ANY SERVICE.

ANY SERVICE IS PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR AGAINST INFRINGEMENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES (BY LAW OR OTHERWISE) OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY THE LAWS APPLICABLE TO THESE TERMS, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LABOR DISPUTE, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR AN AUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD, OR ACT OF GOD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

TO THE EXTENT PERMITTED BY LAWS APPLICABLE TO THESE TERMS, IN NO EVENT SHALL Fintonium OR ANY OF ITS AFFILIATES, AGENTS OR THIRD PARTY INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR:

1. ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF YOUR DATA, TRADING LOSSES, ECONOMIC LOSS OR LOST PROFITS) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SERVICE UNLESS CAUSED BY Fintonium GROSS NEGLIGENCE OR WILLFUL MISCONDUCT (IN WHICH CASE THE LIABILITY SHALL NOT EXCEED 12 MONTH’S SERVICE FEES OR IF THE SERVICE IS FREE OF CHARGE $1000 IN TOTAL FOR EACH SERIES OF CONNECTED EVENTS OR $2000 IN ANY 12 MONTHS);OR
2. ANY LOSS WHICH IS NOT REASONABLY FORESEEABLE HOWSOEVER CAUSED.

EVALUATION PERIODS: In some circumstances Fintonium may make the Service or any part available to you on an evaluation or pilot basis. In these circumstances, Fintonium specifically alerts you to the fact that outages may occur, content changes may occur and/or navigation may be discontinued. Fintonium does not guarantee that a final Service based on the evaluation Service will be released or that it will be the same or similar to the evaluation or pilot Service.

YOU WARRANT AND REPRESENT THAT (A) IN ACCESSING AND USING ANY SERVICE YOU ARE DOING SO ONLY FOR YOUR PERSONAL, NON-COMMERCIAL USE AND WILL NOT COPY, MODIFY, ADAPT, PUBLISH, RETRANSMIT, REDISTRIBUTE, LEND, SELL, SUBLICENSE, OR OTHERWISE USE OR TRANSFER THE INFORMATION EXCEPT AS OTHERWISE PERMITTED IN THIS AGREEMENT, (B) YOU WILL NOT USE ANY INFORMATION CONTAINED IN THE SERVICE IN CONNECTION WITH ANY BUSINESS OR COMMERCIAL ENTERPRISE, INCLUDING WITHOUT LIMITATION, ANY SECURITIES, INVESTMENT, ACCOUNTING, BANKING, LEGAL OR MEDIA BUSINESS OR ENTERPRISE AND (C) THE DETAILS/INFORMATION PROVIDED BY YOU TO Fintonium OR ITS AGENTS ARE AND WILL CONTINUE TO BE ACCURATE AND YOU HAVE THE RIGHTS TO PROVIDE SUCH INFORMATION.

YOU AGREE TO INDEMNIFY Fintonium AND ITS THIRD PARTY INFORMATION PROVIDERS FOR ANY LOSSES, COSTS, CLAIMS OR EXPENSES IT OR THEY SUFFER AS A RESULT OF YOUR BREACH OF THIS AGREEMENT OR AS A RESULT OF YOUR TRADING OR YOUR OTHER ACTIVITY VIA THE SERVICE.

HYPERLINKS: You may, through hypertext or other computer “links”, gain access to other sites which are not part of this Site. Fintonium assumes no responsibility or liability for any material outside of the Site which may be accessed through any such “link”. The provision by Fintonium of a link to another site does not constitute an authorization by Fintonium to access materials at that site or an endorsement by Fintonium of any such material.

GOVERNING LAW AND JURISDICTION: THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF HONG KONG SAR.

GENERAL: (a) To the extent permitted by applicable laws, this Agreement, the Documentation and any statements in respect of test or evaluation periods represent the final, entire and exclusive agreement between you and Fintonium relating to any Service and supersede all other prior agreements or understandings relating to any Service. (b) Delay or failure by either party in enforcing this Agreement at any time will not constitute a waiver by that party of its rights or remedies. (c) Fintonium may modify any of the terms of this Agreement at any time by notifying you of any changes by email. Any such changes will be effective from 24 hours after emailing by Fintonium. You may terminate this Agreement by notice to Fintonium if the modification results in a substantial change to your ability to use any Service with effect from (i) the first day of the next Billing Cycle where your Billing Cycle is monthly or (ii) where your Billing Cycle is annual, thirty (30) days after Fintonium notifies you of such modification. (d) If any part of this Agreement is held to be invalid or unenforceable, the validity or enforceability of the remainder will not be affected. (e) You may not assign any of your rights and obligations under this Agreement or any part of it and any assignment made by you shall be ineffective. You agree that Fintonium may assign any or all of its rights and obligations to any member of the Fintonium group of companies. (f) Any e-mail which Fintonium sends you in respect of the Service shall be deemed effective within 24 hours.

SUPPORT: Fintonium provides certain information and support in respect of any Service as detailed in at www.metastock.com.

DEFINITIONS:

Agreement means these terms of use, as may be amended from time to time, together with any Order Confirmation.

Billing Cycle means each monthly or annual period commencing on the date Fintonium accepts your registration details and sends you an email containing your user id and password.

Documentation means any specific rules, code of conduct, Rule Books, Certificate Policies or Certificate Practice Statements or similar documentation Fintonium issues in relation to the Service.

Fees means the fees charged by Fintonium from time to time for the supply of the Service.

Information means all and any information and other content, whether static or changing, which is provided by Fintonium (or its third-party information providers) as part of any Service.

Fintonium means Fintonium Tech Limited located at Cyberport 3, Core E, Hong Kong, registered company number 11111111.

Order Confirmation means the details of any order for a Service placed by you through the Site or through any other means made available by Fintonium.

Site means the website through which you access the service and accompanying pages.

Service means the platform access which the User has subscribed to.

Security Features means any passwords, PIN key, smartcard, physical token or similar or related data or feature.

Platform means the application provided as part of or in connection with a Service.

Users means users of any Services.