TERMS OF SERVICE

Previous version: July 21th, 2014

Last Revised: May 15th, 2018

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE ("TOS") AND PRIVACY POLICY FOR THIS WEB SITE 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 THE TOS. InvestGlass SA (“IG”) 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. 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, as modified. 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 IG and shall be of no force or effect. The terms “we”, “us” or “our” shall refer to InvestGlass SA. The terms “you”, “your”, “User”, “customer”, shall refer to any individual or entity who accepts these TOS, has access to your account or uses the Services.

In addition, InvestGlass SA may occasionally notify you of changes or modifications to this TOS by email. It is therefore very important that you keep your account (“Account”) information current. InvestGlass SA assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

InvestGlass SA is not an investment advisor, broker or dealer and therefore does not participate in the offer, sale or distribution of securities, nor does it provide any investment advice.

1. Eligibility and Authority

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, (iii) are not American or Canadian resident or entity, and (iv) are not a person barred from purchasing or receiving the Services found under the laws of Switzerland and the Canton of Geneva or other applicable jurisdiction. If you are entering into this TOS on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this TOS, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this TOS, InvestGlass SA finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this TOS, including, but not limited to, the payment obligations. InvestGlass SA shall not be liable for any loss or damage resulting from InvestGlass SA’ reliance on any instruction, notice, document or communication reasonably believed by InvestGlass SA to be genuine and originating from an authorised representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, InvestGlass SA reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this TOS for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorised by you.

2. Intellectual Property

This Web site, including, but not limited to, text, content, photographs, video, audio, graphics, charts and goods (the "Service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Switzerland and other countries. The Service is also protected as a collective work or compilation under Switzerland copyright and other laws and treaties. 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 IG 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 InvestGlass SA and such others. You agree to protect the proprietary rights of InvestGlass SA 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 IG 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 IG 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 InvestGlass SA, at all times be and remain the sole and exclusive property of InvestGlass SA. 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 InvestGlass SA 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 IG’s prior written approval.

3. Accounts

In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to InvestGlass SA that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If InvestGlass SA has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, InvestGlass SA reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. In order to access your account, you shall create an identification name (“Username”).You shall not: (i) select a Username already used by another person; (ii) use a Username in which another person has rights without such person's authorization; or (iii) use a Username or password that IG, in its sole discretion, deems offensive or inappropriate.  You are solely responsible for the activity that occurs on your Account, whether authorised by you or not, and you must keep your Account information secure, including without limitation your Username, password, Payment Method(s), etc. For security purposes, InvestGlass SA recommends that you change your password at least once every three (3) months for each Account. You must notify InvestGlass SA immediately of any breach of security or unauthorised use of your Account. InvestGlass SA will not be liable for any loss you incur due to any unauthorised use of your Account. You, however, may be liable for any loss InvestGlass SA or others incur caused by your Account, whether caused by you, or by an authorised person, or by an unauthorised person.

4. Transfer of Data Abroad

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

5. Availability of Website and Service

Subject to the terms and conditions of this TOS and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

From time to time, InvestGlass SA may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. A logo Beta or InvestGlass SA Beta specifies that Services are in a pre-release version. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; InvestGlass SA reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; InvestGlass SA may limit availability of customer service support time dedicated to support of the Beta Services; You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by InvestGlass SA; You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to InvestGlass SA; The Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, InvestGlass SA disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

6. Data feeds

Real-time and delayed pricing market data is provided by Factset.

Fund data is provided by Morningstar Inc and subject to the following conditions:

  • © 2018 Morningstar, Inc. All rights reserved.
  • The information provided by Morningstar: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete, or timely.
  • Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.

7. Reservation Rights

InvestGlass SA expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by InvestGlass SA in its sole and absolute discretion), including but not limited to the following:

  • to correct mistakes made by InvestGlass SA in offering or delivering any Services (including any domain name registration);
  • to protect the integrity and stability of, and correct mistakes made by, any domain name registry;
  • to assist with our fraud and abuse detection and prevention efforts;
  • to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations;
  • to comply with requests of law enforcement, including subpoena requests;
  • to comply with any dispute resolution process;
  • to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; or
  • to avoid any civil or criminal liability on the part of InvestGlass SA, its officers, directors, employees and agents, as well as InvestGlass SA’s affiliates, including, but not limited to, instances where you have sued or threatened to sue InvestGlass SA.

8. Fees and Payments

IG reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by InvestGlass SA or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services.

9. Restrictions on Use

You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, 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 IG’s prior written consent. Modification of the service's content would be a violation of the copyrights and other proprietary rights of IG.

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. furthermore, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of IG or its subsidiaries in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with IG’s consent, and you acknowledge that you have no ownership rights in and to any of such items.

Your use of this Site and the Services , including any content you submit, will comply with this TOS and all applicable local, state, national and international laws, rules and regulations. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

You will not use this Site or the Services in a manner (as determined by InvestGlass SA in its sole and absolute discretion) that:

  • is illegal, or promotes or encourages illegal activity;
  • promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • infringes on the intellectual property rights of another User or any other person or entity;
  • violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • interferes with the operation of this Site or the Services found at this Site;
  • contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
  • contains false or deceptive language, or unsubstantiated or comparative claims, regarding InvestGlass SA or InvestGlass SA’s Services.

You will not copy or distribute in any medium including but not limited to over-the-air television or radio broadcast, a computer network, hyperlink framing on the internet or any part of this Site or the Services without the prior written consent of IG. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies. You will not access InvestGlass SA Content (as defined below) or User Content through any technology or means other than through this Site itself, or as InvestGlass SA may designate. You agree to back-up all of your User Content so that you can access and use it when needed. InvestGlass SA does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content. You will not re-sell or provide the Services for a commercial purpose, including any of InvestGlass SA’s related technologies, without InvestGlass SA's express prior written consent. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

You are aware that InvestGlass SA may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow InvestGlass SA, in its sole discretion, to record the entirety of such calls regardless of whether InvestGlass SA asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted in evidence any legal proceeding in which InvestGlass SA is a party.

InvestGlass SA reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

10. Disclaimer and Limitation of Liability

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, goods are provided "as is" and "as available," and that InvestGlass SA makes no warranty of any kind, express or implied, as to the Service, including, but not limited to, merchantability, non-infringement, title, or fitness for a particular purpose or use.

InvestGlass SA does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by InvestGlass SA or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that InvestGlass SA and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for:

  • any injury or damages, whether caused by the negligence of InvestGlass SA, its Suppliers, agents, directors, officers, employees, representatives 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 InvestGlass SA by any other party; or
  • 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 that may be linked to the Service is not maintained or controlled by InvestGlass SA. InvestGlass SA is therefore not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to the Service. InvestGlass SA 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. InvestGlass SA 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. InvestGlass SA is equally not responsible for the reliability or continued availability of the price quotes, financial data and financial news provided on the Service. You understand that InvestGlass SA 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.

You acknowledge that:

  • the Service is provided for information purposes only and is not intended for trading purposes;
  • the Service may include certain information taken from stock exchanges and other sources from around the world;
  • InvestGlass SA does not guarantee the sequence, accuracy, completeness, or timeliness of the Service;
  • the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which InvestGlass SA is a party;
  • none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by InvestGlass SA 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;
  • the information provided on this site and the client facing portal ( when advisor grant access to a customized platform powered with InvestGlass services) are 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, InvestGlass SA, 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.

Under no circumstances, including but not limited to negligence, shall InvestGlass SA, its suppliers, agents, directors, officers, employees, representatives, successors, or assigns be liable to you for direct, indirect, incidental, consequential, special, punitive, or exemplary damages even if InvestGlass SA has been advised specifically of the possibility of such damages, arising from use of or inability to use the service or any links or items on the service or any provision of the TOS, 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 InvestGlass SA's 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 accessing this site.

InvestGlass may offer Form feature to let you embed InvestGlass FORMS on third-party web pages or platforms, and publish links in its services to internet websites maintained by third parties. InvestGlass SA assumes no liability derived from the connection to or the contents of hyperlinks to third party websites or platforms, email attachment files you may receive, nor does their existence imply that InvestGlass SA supports, promotes, guarantees or recommends the linked websites or platforms.

11. Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless InvestGlass SA, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to:

  • your use or someone using your computer's use of the Service;
  • use by someone using your account;
  • a violation of the TOS by you or anyone using your computer (or account, where applicable);
  • a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
  • any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable);
  • any misrepresentation or breach of representation or warranty made by you contained herein;
  • any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. InvestGlass SA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with InvestGlass SA in asserting any available defense. You acknowledge and agree to pay InvestGlass SA's reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by InvestGlass SA under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify InvestGlass SA pursuant to the TOS.

12. Termination

You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service.

You agree that, without notice, IG may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from IG if you, in IG’s sole discretion, fail to comply with any provision of the TOS.

InvestGlass SA shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or IG, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.

13. Governing Law

The TOS shall be governed and construed in accordance with the laws of the Canton of Geneva, Switzerland, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Geneva Canton with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.

14. Miscellaneous

You accept that IG has the right to change the content or technical specifications of any aspect of the Service at any time in IG’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of InvestGlass SA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.