Effective Date: 19.01.2021
Quantfolio AS ("us", "we", "our" or "Quantfolio") operates the Quantfolio Licensed Services (the "Service"). The client ("you", "client" or "licensee") is the licensee of the Service. These terms (the “agreement”) governs the terms for the delivery of the Quantfolio Licensed Services (the "Service"). In case of conflict between this agreement and the agreement for the Service, the agreement for the Service shall prevail.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We grants you a revocable, non-exclusive, non-transferable, limited license to the Licensed Services outlined in the agreement strictly in accordance with these Terms of Service.
You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Service or make the Service available to any third party.
We offer support services, and strive to respond to all client requests within 2 business days. You are encouraged to contact us using e-mail to email@example.com or phone +47 56 12 66 22 - and press 2 for support.
You are responsible for all information entered into and/or integrated with the Service. Quantfolio or 3rd party will not use/view your data except when accessing your database in case of support incidents or otherwise specified in this document or the Data Processing Terms.
You and your users must have the latest version and all security and other updates to your operating system and browser to use web based Licensed Services. Quantfolio web based Licensed Services requires the latest version of Chrome, Safari or Edge.
Quantfolios Infrastructure is located in Azure, hosted in Europe. There is a Production Infrastructure and a Staging/Test Infrastructure. There are automated and manual approval and tests to ensure quality in all steps of the DevOps process.
We strive to have a 99% uptime, measured monthly, expect for notified maintenance/update windows. Historical and realtime status is available on http://status.quantfol.io
We have automated daily backup and yearly drills for recovery testing.
We take proportionate measures to safeguard information security requirements, including measures to:
We have specific procedures for notifying and handling breaches of information security, and allow clients to audit and inspect our processes and documentation.
The customer's data shall be kept separate from third party data, and the we are obliged to ensure that any subcontractors provide adequate and necessary customer data protection.
We have a established process for incident management and 24x7 monitoring, with the following response times:
Our Single Point of Contact (SPOC) for critical incidents are on phone +47 56 12 66 22 - and press 2 for support.
We have a notification list that is used for notifications of planned downtime, and incident reporting that clients can sign up to.
We log all changes in our Software and the Cloud Infrastructure, and have established processes for change management.
Larger changes/fixes are primarily done 1800-2300 last Thursday in the month. Larger changes are notified the client minimum one week in advance.
The following services are available for additonal monthly fees:
The Licensed Services part of this agreement has either a monthly, quarterly or yearly schedule of payment. Monthly and quarterly schedules are invoiced the first week of each quarter, and yearly schedules are invoiced the first week of the calendar year. All invoices must be paid within 20 days.
Licensed Services Fees will be subject to an annual revision based on annual change of the Norwegian Consumer Prices “Konsumprisindeksen” as supplied by Statistics Norway (“SSB”), but never higher than an maximum annual increase of 2 %.
Except when required by law, paid Licensed Services Fees are non-refundable.
The client allows Quantfolio to use their company name as reference and their logo in marketing materials.
Some Licensed Services have the possibility for logged in users. The client can create accounts for the number of Licenses Users mentioned in the agreement for the Service. The Licensed Users are responsible for safeguarding their password that they use to access the Service.
Licensed Users must not disclose their password to any third party. They must notify us immediately upon becoming aware of any breach of security or unauthorized use of their account.
Some Licensed Services have the API Keys that you need to access the APIs. You are responsible for safeguarding the API key you use to access the Service.
The client agree not to disclose their API key to any third party. They must notify us immediately upon becoming aware of any breach of security or unauthorized use of their API key.
The Service and its original content, features and functionality are and will remain the exclusive property of Quantfolio AS and its licensors. The Service is protected by copyright, trademark, and other laws of both the Norway and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Quantfolio.
Quantfolio reserves all rights to the Service, software, api’s and documentation, hereunder: patents, copyrights, moral rights, trade secrets, trademarks, service marks, publicity rights, and other proprietary rights to the software.
You own all data you type into, import into or other ways add to the Service. The Data Processing Terms controls the management of these data.
We may terminate or suspend User accounts and API keys immediately, without prior notice or liability, if they breach the Terms.
Unless anything else is agreed in the terms for the Service, this agreement commences for 1 (one) year and will automatically be renewed for 1 (one) year until notice of termination is given by one of the Parties. Notice will have to be given in writing 3 months before renewal.
In no event shall Quantfolio As, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Quantfolio As its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Quantfolio is an enterprise that prepares and communicates general recommendations regarding transactions in financial instruments based on automatically generated analyzes. The company's business is not licensed in accordance with The Securities Trading Act of 29 June 2007 No. 75, and the Company is not subject to supervision by the Norwegian Financial Supervisory Authority. Quantfolio does not provide personal investment advice and does not provide personal recommendations or specific valuations of specific financial instruments to the Company's customers.
The Customer understands that any investment in and trading of financial instruments and other related instruments is associated with the risk of loss. The invested capital may increase or decrease in value. The value of the financial instruments depends on a range of factors, there are fluctuations in the financial markets and specific conditions related to issuers of the financial instruments. Historical value development and return can not be used as a reliable indicator of future development and return on financial instruments. The customer must evaluate the risks associated with the current instrument and market. The customer should refrain from investing in and trading financial instruments and other related instruments if the customer himself is not aware of the risk associated with such investment or trade. The customer is encouraged to seek advice from relevant advisors and, as required, apply for additional information in the market before the customer makes his decision.
All transactions and transactions that the customer undertakes on the basis of general analyzes and recommendations prepared by Quantfolio is done at the customer's sole discretion and according to the customer's discretion and decision. Quantfolio disclaims any liability for financial risk and financial outcome related to any recommendation and analysis prepared and published by the Company, and Quantfolio does not warrant any particular outcome of a customer's trade or investment.
All analyzes and recommendations prepared by Quantfolio are based on publicly available information and company data, etc. which is believed to be correct. Quantfolio does not warrant the completeness of the analyzes or recommendations, and the Company assumes no responsibility for any errors, omissions or imperfections in the Company's analyzes or underlying information and company data (etc.).
Any statement or assumed future development that may appear directly or indirectly in an analysis or recommendation entails considerable uncertainty in its nature. Such statements can never be understood as promises or warranties by the Company.
Quantfolio have implemented Code of Conduct in relation to Conflict of interest and regulations on employees own trading.
Neither Party shall be deemed to have breached this Agreement if failure to perform any of the provisions of this Agreement is caused solely by fire, labour disruption, acts of civil or military authorities, natural disasters, or similar matters beyond its reasonable control.
These Terms shall be governed and construed in accordance with the laws of Norway, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material the new terms will take effect upon renewal of the agreement for the Service. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org