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Market Data Terms of Service

Last Updated: 1 February 2024

Read about the terms of service for Market Data. If you have a question about these terms, please contact us and we will help you understand your rights and obligations under this agreement.

This Market Data Terms of Service Agreement (“Agreement”, “Terms of Use”, Terms of Service”, “Contract”) is a legally binding contract between you (“you”, “your”, “client”, “customer”), and Market Data (“Market Data”, “we”, “us”, “our”, “company”, “our company”). You understand, acknowledge, and agree, that this Agreement does not create an investment advisory relationship, a joint-venture, partnership, an employer-employee relationship, or any other relationship between you and Market Data. Neither party is an agent of the other and neither party is authorized to make any representation, contract, or commitment on behalf of the other party. The scope of this agreement is limited to the use of our software service by you. Market Data is your software service provider and you are our customer.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE INCLUDING USING THE APPLICATION PROGRAMMING INTERFACES (API), SOFTWARE DEVELOPMENT KITS (SDK), DATA, SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (COLLECTIVELY, THE “DATA”). BY ACCESSING OR USING ANY OF THE RESOURCES, OR BY CLICKING THAT YOU ACCEPT OR AGREE TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT, MEET THE QUALIFICATIONS STATED IN THIS AGREEMENT, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

The terms of service include a class action waiver and a waiver of jury trials. We require binding arbitration on an individual basis to resolve all disputes. This will limit the remedies available to you should there be a dispute.

These terms of service are subject to modification by the company in its sole discretion at any time. In the event we modify the Terms of Service, we will make our best efforts to notify you of the change by sending you an email at your email of record. We will also update the Last Updated date at the top of this webpage. If you have not yet made a purchase or subscription from the company, the change in our Terms of Service are effective immediately. If you do not agree to the changes, discontinue the use of our data immediately and notify us so that your account may be deleted. If you are a current customer and have an existing subscription, the new Terms of Service will be effective 30 days after their posting on this webpage. If you do not agree to the new Terms of Service, you must notify us in writing within 30 days and the company will at its sole discretion: (a) provide a refund of the unused time on your subscription or (b) continue to provide you service until the end of your current subscription under the previous agreement.

No Investment Advice

We are not a registered investment adviser nor a broker-dealer.  We will NOT render investment advice to any individual or company.

This website is limited to the dissemination of general financial information. It is for informational purposes only and so should not be construed by a consumer and/or prospective client or investor as a solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet.

Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Investment-related information provided by us may not be appropriate for many clients or investors, and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. None of such information is meant to constitute financial or investment advice.

You should not treat any opinion expressed by us as a specific inducement to make a particular investment or follow a particular strategy, but only as an expression of opinion. Our opinions are based upon information we consider reliable but we do not warrant its completeness or accuracy, and it should not be relied upon as such. We and our affiliates and/or licensors are not under any obligation to update or correct any information provided on this website. Our statements and opinions are subject to change without notice. No part of our compensation is related to the specific opinions we express.

Past performance is not indicative of future results. We do not guarantee any specific outcome or profit. You should be aware of the real risk of loss in following any strategy or investment discussed on this website or on our materials. Strategies or investments discussed may fluctuate in price or value. You may get back less than invested. Investments or strategies mentioned on this website or on our materials may not be suitable for you. This material does not take into account your particular investment objectives, financial situation or needs and is not intended as recommendations appropriate for you. You must make an independent decision regarding investments or strategies mentioned on this website or in our materials. Before acting on information on this website or in our materials, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment adviser.

Please note: Hypothetical computer simulated performance results (“Backtesting”) are believed to be accurately presented. However, they are not guaranteed as to accuracy or completeness and are subject to change without any notice. Backtesting has certain inherent limitations. Unlike an actual performance record, backtesting does not represent actual trading. Since, also, the trades have not actually been executed; the results may have been under or over compensated for the impact, if any, of certain market factors such as liquidity, slippage and commissions. Backtesting in general is also subject to the fact that it is designed with the benefit of hindsight. No representation is being made that any portfolio will, or is likely to achieve profits or losses similar to those shown in our backtests. All investments and trades carry risks.

Your Use of The Data

During the term of this agreement, Market Data grants you a limited, non-exclusive, non-transferrable, non-sublicensable license to access and use our data on an unlimited number of computers and mobile devices that you own or control for your own personal non-professional use.

Professional use of the data provided by Us shall be defined by any of the following criteria:

  1. You intend to use the data for purposes that extend beyond personal usage, including but not limited to investment analysis, research, testing, monitoring, or other activities that are not individual in nature;
  2. You are using the data as or on behalf of a corporation, firm, partnership, trust, or any other legal association, and not solely as an individual;
  3. You plan to use, disseminate, or provide the data as part of any commercial activity that permits individuals or entities other than Yourself to access the information, whether directly or indirectly, even if the scope of such activity falls outside the securities industry;
  4. You are currently employed by or have an active affiliation with a financial planning advisor, insurance company, investment advisor, investment bank, money manager, registered representative, securities broker-dealer, or any owner, partner, affiliate, or associated person thereof;
  5. You are a self-employed individual or sole proprietor using the data for business purposes, including offering services to clients or running a financial-related business;
  6. You are registered or qualified with any national or international securities or commodities regulatory authority (including but not limited to FINRA, SEC, CFTC, or NFA), regardless of how you intend to use the data;
  7. You are trading or investing with capital that is not solely your own, including pooled funds, client accounts, or third-party capital;
  8. You access or use the data through a system, platform, or service that provides data access to multiple users within an organization or entity, even if your own use is limited or indirect;
  9. You are an employee, contractor, or agent of a financial institution or investment-related business, regardless of your specific job function or whether your duties involve direct interaction with the data.

We do not grant you any right, title or interest in or to any of our data. Access to certain third-party data owned by our licensors may require you to agree to supplemental terms of service. By using third-party data, you agree to adhere to those third-party terms of service. When you establish a brokerage connection using Market Data, use of data from your broker is subject to their data use policies and terms of service. Violation of your broker’s data use terms will result in the termination of your Market Data account. Contact your broker if you have any questions about their terms of service for data use.

You may not sell, resell, retransmit, or redistribute or make our data or any third-party data available to anyone without a supplemental commercial use addendum to this agreement. You may not distribute the data programmatically as a data feed, an API, or an export file.

All data is licensed to you by Market Data or third-party licensors is licensed as a subscription. You must delete all data downloaded during the subscription period if your subscription ends. 

Our Use of Your Data

We claim no ownership of your data, but by transmitting data to us via the APIs provided, you grant us a irrevocable license in perpetuity to use the data you have transmitted to us for the purpose of fulfilling your requests and providing you with our services. In addition, you also authorize us to collect your usage data for statistical analysis, research, and marketing purposes.

During your use of our service, Market Data may transmit your personal data to third parties such as Amazon, Google, Apple, Cloudflare, Microsoft, and our billing partners so that these companies may assist us in providing you our service. By using Market Data, you explicitly authorize us to transfer your personal information to these companies and consent to their privacy and data use agreements, which are incorporated into this agreement by reference:

  • https://aws.amazon.com/privacy/
  • https://policies.google.com/privacy
  • https://www.apple.com/legal/privacy/en-ww/
  • https://www.cloudflare.com/privacypolicy/
  • https://privacy.microsoft.com/en-us/privacystatement

If you do not consent to these agreements or having your personal information transmitted to or stored by these companies, you may not use Market Data’s services.

Your personal data may also be transmitted or stored outside your country of origin and stored in a country whose data protection and data privacy laws are different than your own. By using Market Data’s services you explicitly authorize us to store your data wherever Market Data stores user data even if this is outside your home country.

Account Policies

As a user of Market Data’s services, you are required to furnish accurate, complete, and up-to-date information during the registration process and any subsequent updates. Misrepresentation of personal details, including but not limited to name, address, contact information, or financial credentials, is strictly forbidden. Providing false, misleading, or outdated contact information constitutes a material breach of this agreement. Impersonation of another individual, entity, or organization, or the creation of fictitious identities for the purpose of misleading or deceiving, is expressly prohibited. Users must not engage in activities that involve the use of false identities or any form of identity manipulation.

The use of temporary, one-time, or “throw away” email addresses for account registration or communication is strictly prohibited. Accounts associated with such email addresses are subject to immediate termination with no notice given.

Each individual is allowed to register and maintain only one account. The creation or use of multiple accounts by a single individual is strictly prohibited. Users are entitled to one free trial period. Subsequent free trials for the same user, regardless of any change in contact information or other details, are not permitted.

Accounts are designated for individual use only. Any company, organization, or corporate entity wishing to create an account must enter into a separate commercial agreement with us. Unauthorized company or corporate accounts may be suspended or terminated at our discretion.

Users of our self-service plans are limited to non-professional individuals only. It is the responsibility of the user to ensure they meet the criteria for non-professional status before using our platform.

Violation of any of the above provisions may result in immediate suspension or termination of the user’s account, at our sole discretion, with no refund, and may also lead to other legal remedies as available under the law.

False Representation of Non-Professional Status: If we determine, in our sole discretion, that you have falsely represented your status as a non-professional user, we reserve the right to (i) immediately suspend or terminate your account without refund, (ii) retroactively reclassify your account as a professional account, (iii) charge you the difference in fees between the professional and non-professional pricing tiers for the entire duration of your account, and (iv) pursue all remedies available under law, including collection of unpaid fees, damages, and reasonable attorneys’ fees and costs.

Indemnification

You agree to indemnify, defend, and hold harmless Market Data, its affiliates, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the services using your account.
This indemnification obligation includes, but is not limited to:

  • Any breach or violation of this Agreement, including any representations and warranties made herein.
  • Any infringement, misappropriation, or violation of any intellectual property rights, proprietary rights, copyrights, trademarks, patents, trade secrets, or other proprietary rights of any third party.
  • Any violation of applicable laws, rules, and regulations, including but not limited to data protection and privacy laws.
  • Any unauthorized access to or use of our services, systems, or networks, including any breach of security, hacking, data breach, or unauthorized interception of communications.
  • Any claims made by third parties arising from your use of the services, including claims related to content or information you provide or transmit through our services.
  • Any claims made by Stock Exchanges or Securities Information Processors regarding willful or unwilful violation or misrepresentation of non-professional status.
  • Any violation of applicable data protection and privacy laws, regulations, or standards, including unauthorized collection, use, processing, transfer, or disclosure of personal data or sensitive information.  
  • Any negligent, fraudulent, malicious, or wrongful conduct, misrepresentation, or willful misconduct by you or any other person accessing the services using your account.  
  • Any claims related to the products or services you offer, sell, or distribute through our platform, including product liability claims, warranty claims, or consumer complaints.

You agree to cooperate fully in the defense of any claim. Market Data reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Market Data. This indemnification obligation will survive the termination or expiration of this Agreement and your use of our services. If you do not promptly assume our defense against any claim upon receiving notice of the claim, we reserve the right to undertake our own defense at your expense.

Non Compete

You understand, acknowledge, and agree, that we or our affiliates may have developed, be developing, or may develop or obtain, software, methods, processes, designs, systems, algorithms, trading strategies, or other ideas or technologies that are similar to or compete with yours (“Competing Technology”). Similarly, other users of Market Data may have developed, be developing, or may develop or obtain, Competing Technology. Nothing in this Agreement will be construed as a representation or agreement that Market Data or our affiliates, or any other user, has not or will not develop or obtain any Competing Technology. Nothing in this Agreement grants you any right, title, or interest in or to any Competing Technology.

You will not, nor allow any third party to, alter, modify or adapt the Data or Software, including but not limited to translating, reverse engineering, decompiling, disassembling, or creating derivative works, and may not take any other steps intended to produce a source code statement of the Software.

We do not offer our service to competitors. If you are in the business of selling, distributing, or licensing financial data to others you may not utilize our services. By using our service you agree you will not create a competing product or service for a period of 36 months after having terminated your subscription with Market Data. You may not use our services for the purpose of determining whether our software violates or potentially violates any patent or patent application.

Refund Policy

We offer a 30-day free trial and a free usage tier so customers can evaluate Market Data before making a purchase. If you decide to buy a subscription or data product, you may request a refund within 14 days of purchase for any reason. After this 14-day period, all sales are final and non-refundable, but we’re happy to assist with any technical issues or concerns. To request a refund, please contact our support team. Refunds, when granted, will be processed within 5 business days.

No Warranties

Market Data provides financial data, including stock, options, and other market-related information, through this website, in spreadsheet add-ons, in display widgets, and via our APIs. Some of this data may originate from licensed exchanges; other data may be sourced from third parties, market participants, or be derived or estimated using proprietary methods. Regardless of the source, all data is provided for informational purposes only and may not reflect actual market prices or trading conditions. No assurance is made regarding the accuracy, completeness, timeliness, or suitability of the data for any specific purpose, including trading.

You should not rely on this data as the sole basis for making trading or investment decisions. If you are building or operating a trading application, you must use an official, real-time exchange data feed authorized for your use case. Our APIs and datasets are not designed to support order execution, portfolio management, or any activity that depends on precise, real-time market data. Market Data disclaims all responsibility for losses or damages arising from use of the data in connection with trading or similar activities.

THE DATA AND ALL RESOURCES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MARKET DATA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, RELIABILITY, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE, USAGE, OR COURSE OF DEALING. WE MAKE NO GUARANTEES THAT THE DATA OR SERVICE WILL BE CONTINUOUS, ERROR-FREE, OR AVAILABLE AT ANY GIVEN TIME. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE DATA AND SERVICES.

Security

You agree not to use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with any Data. You may not interfere with or damage the Data, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology. You may not modify or cause to be modified any files that are owned by Market Data. You may not disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support our Data; or (ii) the enjoyment of our Data by any other person. You may not institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon our Data, or other attempts to disrupt the Data or any other person’s use or enjoyment of the Data. You agree not to attempt to gain unauthorized access to our Data, accounts registered to others, or to the computers, servers or networks connected to our resources by any means other than the API interface provided by Market Data, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software used by Market Data. You agree not to access, tamper with or use non-public areas of our website, our computer systems, or the technical delivery systems of our data providers and licensees. You agree not to attempt to probe, scan, or test the vulnerability of any of our systems or networks, or breach any security or authentication measures. You agree not to disrupt or interfere with the security of, or otherwise cause harm to our systems, resources, accounts, passwords, servers or networks connected to or accessible through our computers or any affiliated or linked sites; or avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Market Data or any of our providers or any other third party (including another User) to protect our resources.

Representations

You represent, warrant, and covenant to us that: (a) you will maintain all rights, power, and authority necessary to enter into this Agreement, grant all rights, and perform all obligations under this Agreement; (b) you will not violate, and will not cause us to violate, any national, state, provincial, municipal, or local laws, rules, or regulations or the rights of any third party, including without limitation intellectual property rights; (c) except as set forth herein, you will obtain all rights, licenses, permits, and other approvals required for your use of or access to our resources. You further represent, warrant, and covenant to us that you will develop, implement, and maintain (and, if applicable, will require that all employees and subcontractors develop, implement and maintain) necessary and appropriate policies, procedures, programs and other security and integrity measures in accordance with the terms of this Agreement. Without limiting the foregoing, you represent, warrant, and covenant to us that you will implement and maintain not less than reasonable and appropriate technical, administrative, and physical safeguards to protect your computers and your access to all data.

Limitation of Liability

IN NO EVENT WILL MARKET DATA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, THE DATA, THE PLATFORM, OR ANY RESOURCES, INCLUDING ANY LOST, CORRUPTED OR ALTERED DATA OR INFORMATION, LOSS OF USE OF DATA OR INFORMATION, RECOVERY OF DATA OR INFORMATION, OR LOSS OR INTERRUPTION OF BUSINESS OR REVENUE, EVEN IF MARKET DATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. 

EXCEPT FOR YOUR OBLIGATIONS TO INDEMNIFY US, BOTH PARTIES CONCUR THAT ANY LIABILITY STEMMING FROM OR CONNECTED TO THIS AGREEMENT, THE DATA, OR ANY RESOURCES, REGARDLESS OF THE BASIS OF LIABILITY, WILL UNDER NO CIRCUMSTANCES SURPASS THE CUMULATIVE TOTAL OF FEES PAID OR DUE BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE CONTRACT PERIOD THAT LED UP TO THE INCIDENT THAT INITIATED THE CLAIM. THE CONTRACT PERIOD IS ONE MONTH IF THE CUSTOMER IS PAYING MONTHLY OR ONE YEAR IF THE CUSTOMER IS PAYING YEARLY. THIS LIMITATION IS INTENDED AS AN OVERALL CAP, NOT ON A PER INCIDENT BASIS.

Disputes

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Market Data agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other, demand mediation under the mediation rules of Argentina Public Law 26.589. Any demand for mediation shall be made in writing and personally delivered or served upon the other party to the dispute, or sent via certified mail, return receipt requested. The mediation will take place in the City of Buenos Aires, Argentina. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation. Except as otherwise required under applicable law, you and Market Data intend and agree: (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (b) not to assert class action or representative action claims against the other in arbitration or otherwise; and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.

Binding Arbitration

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the Argentina Civil and Commercial Code before a single arbitrator in the City of Buenos Aires, Argentina. The language of all proceedings and filings will be Spanish. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

Jury Trial Waiver

THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY AND IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY and agree that if the foregoing binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular dispute, then such dispute shall be decided solely by a judge, without the use of a jury, sitting in a court of competent jurisdiction. This binding arbitration and jury trial waiver provision shall survive termination of this Agreement.

Termination

We may terminate this Agreement at any time for any reason or no reason immediately upon notice to you. If we terminate your account without without cause, we will issue you a partial refund for any unused time remaining on your subscription. If your account is terminated for breach or cause, no you will not be entitled to any refund of unused time remaining on your subscription. You may terminate this Agreement at any time by visiting the “Profile” page to terminate and delete your account. If you terminate your account before the end of your subscription you will not receive a refund for any unused time remaining on your subscription.

Upon any termination of this Agreement, all rights and licenses granted to you under this Agreement will immediately cease and you will promptly: (a) cease all use of all data; (b) reconfigure and/or reprogram your computers to remove use of all data and disable interoperability and connectivity to the API; (c) erase or destroy all copies of the data in your possession or control. Upon any termination of this Agreement, you will promptly return to us or, at the request of us, delete, destroy, or expunge, any data in your possession or control, including all copies thereof. Upon our written request, you will certify that you are in compliance with the requirements of this Section.

International Taxation

You agree to pay Market Data our subscription fees in full without tax withholding of any kind. This includes, but is not limited to, income tax withholding, value added taxes, sales taxes, excise taxes, stamp taxes, import/export duty or any such taxes that are levied on a digital subscription or data product such as this one. If taxes are due on your Market Data subscription in any national, provincial or local/municipal jurisdiction as a result of your subscription, you are solely responsible for paying these taxes to the taxing authorities. You are required to send Market Data the official receipts issued by your tax authorities or other documentation that we may request to demonstrate your compliance with this provision of the Agreement.

General Provisions

Each and every right and remedy hereunder is cumulative with each and every other right and remedy herein or in any other agreement between the parties or under applicable law. The words “include,” “includes” and “including” means “include,” “includes” or “including,” in each case, “without limitation.” The parties expressly waive any applications of the U.N. Convention on Contracts for the International Sale of Goods with respect to the performance or interpretations of this Agreement.

Choice of Law, Venue and Jurisdiction

This Agreement, its interpretation, performance, enforcement, and any disputes arising out of or relating to this Agreement, including any Arbitration, will be governed by and construed in accordance with the laws of the Republic of Argentina, without giving effect to principles of conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods.

You acknowledge and agree that:

  • Exclusive Jurisdiction: The ordinary courts of the City of Buenos Aires will have sole and exclusive jurisdiction over any issues, disputes, controversies, or claims regarding this Agreement, including any action to enforce the binding arbitration provision above, or any other matter related to or arising from this Agreement.
  • Irrevocable Submission: You irrevocably submit to the personal jurisdiction of such courts and waive any objection to the venue or jurisdiction of such courts, including any objection based on forum non conveniens or any similar doctrine.
  • Service of Process: You agree that any legal notice, process, or other communication related to this Agreement may be served upon you by mail, email, or personal delivery to the address or contact information provided by you, and you waive any objections or defenses related to such service.
  • Enforcement of Judgments: You agree that any judgment or award rendered by the courts of the City of Buenos Aires or an arbitration panel shall be final and binding, and you consent to the enforcement of such judgment or award in any jurisdiction, in accordance with applicable laws and international treaties.
  •  Language of Proceedings: All proceedings, including litigation, arbitration, mediation, or any other legal or dispute resolution process, shall be conducted in the Spanish language. Any documents, evidence, or communications in a language other than Spanish must be accompanied by a certified translation into Spanish.
  • Waiver of Sovereign Immunity: If applicable, you expressly waive any claim of sovereign immunity or other immunity from jurisdiction or enforcement of judgments, to the fullest extent permitted by applicable law.
  • Alternative Dispute Resolution: If any dispute arises under this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations or mediation before resorting to arbitration or litigation, as provided in this Agreement.
  • Attorneys’ Fees: In the event of any litigation or arbitration arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs, and expenses, in addition to any other relief to which the prevailing party may be entitled.

This Choice of Law, Venue, and Jurisdiction clause will survive the termination or expiration of this Agreement.

U.S. Payment Disputes and Jurisdiction

For users located in the United States, any dispute arising from or related to non-payment, including chargebacks or failure to pay for services rendered, may be brought by us in the courts of Maricopa County, Arizona, United States.

You agree that this forum is reasonable and convenient, and acknowledge that this arrangement allows any such claims to be resolved in the United States, rather than requiring legal proceedings in Argentina.

This clause is intended to simplify the legal process for both parties and reduce the burden of international litigation.

You consent to personal jurisdiction and venue in Maricopa County for such purposes and waive any objection to such jurisdiction, including claims of forum non conveniens.

If we initiate any legal action in Maricopa County or any other court of competent jurisdiction to collect unpaid fees, recover chargebacks, or enforce our rights under this Agreement, you agree that we shall be entitled to recover the full amount owed, as well as all reasonable attorneys’ fees, court costs, filing fees, collection agency fees, and any other expenses incurred in enforcing our rights.

Legal & Copyright Notifications

All notifications to Market Data must be sent in writing via registered letter, return receipt requested, to our legal agent: Reus, Grasa & Asociados, Attn: Market Data, Montevideo 126, Piso 3, Buenos Aires (1019), Argentina. We do not accept legal notifications of any kind through email.

If you believe your copyrighted work has been copied and uploaded to Market Data’s servers, please provide notify our legal agent in writing to our DMCA Agent at the address above with the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on our website or computer servers of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Assignment

You may not assign, transfer or delegate this Agreement or any of your rights or obligations under this Agreement, in whole or in part, whether by operation of law or otherwise, to any third party without the prior written consent of us. We may assign this Agreement with or without notice to you. Any assignment in violation of the foregoing will be null and void, and will be considered a breach of this Agreement.

Complete Agreement

This Agreement constitutes the complete understanding and agreement between the parties regarding its subject matter and supersedes all prior oral or written agreements or understandings between the parties as to the subject matter of this Agreement.

Limitation Period

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Severability

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Force Majeure

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