Market Data Terms of Service
Last Updated: 13 January 2021
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.
Use of Our 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 use. 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 redistribution 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 is licensed as a subscription. You must delete all data downloaded during the subscription period if your subscription ends.
Access to Our Data
You will be assigned API keys or authentication tokens (“Access Tokens”) enabling your computers or devices to operate with our APIs. You will maintain all Access Tokens assigned to you as the Confidential Information. All Access Tokens assigned to you are unique to you and are solely for your own use in connection with your use of our data. You may not provide any third party with access to any Access Token. You are solely responsible for all use of your Access Token. You will notify us immediately if your Access Token is lost, stolen or otherwise compromised.
Our optional token exchange service allows you to store third party access tokens with Market Data and retrieve data from third party services using your Market Data Access Token. By providing Market Data with a third party access token you explicitly authorize Market Data to obtain data from and transmit data to third parties on your behalf using the third party access token you provided us. If your Market Data Access Token is lost, stolen, or otherwise compromised, you are responsible for all liabilities and damages incurred with all third parties through the use or misuse of any third party access tokens you provided us. The transmission of a valid Market Data Access Token is the only authorization Market Data requires to utilize the third party access token you provided us. You are responsible for all liabilities and damages incurred through the use of your Access Token and any transactions made through your Access Token will be deemed to have been made by you. If you lose your Market Data Access Token, all third party access tokens stored using token exchange will be irrecoverably lost.
Use of Your Data
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:
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.
All stock, options, forex, crypto, futures, and other financial price data provided by Market Data on this website and via our APIs is sourced from market participants, third-parties, or licensors and not from the exchanges directly. Therefore the data is not necessarily timely or accurate. Prices, quotes, and transactions reported by Market Data may differ substantially from the actual market price. The data provided is indicative only and should not be used for trading or for building any kind of trading application. The trading APIs that we provide should be used only in conjunction with an official real-time data source for the exchange you are operating on. Market Data does not provide real-time trading data. Market Data will bear no responsibility should you suffer trading losses from your inappropriate use of our data. There may be extended periods of time when you cannot access or transmit the data to or from our servers. The data may not meet your requirements.
Jury Trial Waiver
You will indemnify, defend and hold harmless us, our affiliates, and each of our respective officers, directors, employees, contractors, and agents, from and against, and will pay all costs, damages, liabilities, and expenses (including reasonable attorneys’ fees) incurred by or awarded against us or any of our affiliates based on or related to any claim, suit, or proceeding, arising out of or relating to: (a) your use of our data; (b) your use of or access to any of our resources, including without limitation any Market Data API; (c) your Software or any access to or use thereof by any other third party; (d) your breach of any provision of this Agreement; (e) any claims by a third party that your use of our Data violates privacy or data security rights granted to such third party by any applicable law; (f) any other claims by a third party, other than due to our gross negligence or willful misconduct; or (g) any claim by a third party that your use of our Data infringes or otherwise violates the intellectual property rights of such third party. We will notify you of any claim for which we seek indemnification, allow you to control the defense of the claim, and reasonably cooperate with you in the defense and any related settlement negotiations at your cost and expense. In addition to any defense provided by you, we may, at our expense, retain our own counsel and participate in such defense (and any settlement). You will not enter into any judgment or settlement that purports to bind us without our express written authorization. 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.
Apple App Store Provisions
The following applies to any Apple App Store Sourced Application accessed through or downloaded from the Apple App Store: You acknowledge and agree that (i) the Terms are concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company. You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
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 and Venue
This Agreement and its interpretation, as well as any Arbitration, will be governed by the laws of the Republic of Argentina without giving effect to principles of conflict of laws. You acknowledge and agree that the ordinary courts of the City of Buenos Aires will have sole and exclusive jurisdiction over any issues regarding this Agreement, including any action to enforce the binding arbitration provision above. You irrevocably submit to the personal jurisdiction of such courts.
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, Arengreen 1034, Buenos Aires (1405), 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.
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.
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.
The failure of either party to insist upon a strict performance of or to seek remedy of any one of the terms of this Agreement or to exercise any right, remedy, or election set forth herein or permitted by law shall not constitute nor be construed as a waiver or relinquishment for the future enforcement of such term, condition, right, remedy or election, but such items shall continue and remain in force and effect. In no event will we be liable for any of your responsibilities or obligations hereunder (or for your failure to fulfill such obligations) even if we are aware of such failure.
If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement will continue in full force and effect.
We will not be held responsible for failure or delay in the performance of any obligation under this Agreement if such failure or delay is beyond our reasonable control.