Acceptable Use Policy

1. Overview and acceptance

This Acceptable Use Policy (this “Policy”) governs your access to and use of the websites, applications, software, application programming interfaces (APIs), software development kits (SDKs), data feeds, documentation, and other products and services (collectively, the “Services”) made available by FinX Capital Markets, LLC, a California limited liability company (“FinX,” “we,” “us,” or “our”), including the FinX Asset Modeling Platform (AMP).

This Policy applies to every person and entity that accesses or uses the Services, whether through a paid subscription, a self-service free trial, an evaluation or proof-of-concept arrangement, or any other means, and whether or not a separate written agreement is in place (each, a “User,” “you,” or “your”). By accessing or using the Services, you agree to comply with this Policy. If you do not agree, you must not access or use the Services.

This Policy supplements, and is incorporated by reference into, any master services agreement, subscription agreement, order form, statement of work, terms of service, or other written agreement between you and FinX (each, an “Agreement”). In the event of a conflict between this Policy and an Agreement, the Agreement controls to the extent of the conflict, except that FinX reserves the right to enforce the more protective provision where doing so is necessary to protect the Services, FinX, or any third party. Capitalized terms not defined in this Policy have the meanings given to them in the applicable Agreement.

2. Definitions

“Content” means any data, text, code, scripts, files, configurations, inputs, outputs, parameters, models, reports, or other materials that are uploaded to, generated by, transmitted through, or stored within the Services.

“FinX IP” means the Services and all components thereof, including all software, source code, object code, the C++ compute grid and related infrastructure, APIs, SDKs, user interfaces, analytics, methodologies, models, algorithms, calculation engines, white papers, technical and product documentation, training materials, designs, and the look and feel of the Services, together with all trademarks, service marks, trade names, logos, and other brand features of FinX (including “FinX,” “FinX Capital Markets,” “AMP,” and “Asset Modeling Platform”), and all intellectual property rights in any of the foregoing.

“User Content” means Content that you or your authorized users submit to or generate within the Services.

3. Eligibility and account responsibility

You must be at least 18 years of age and, if you are accessing the Services on behalf of an organization, you must have the authority to bind that organization to this Policy and any applicable Agreement. You are responsible for all activity that occurs under your account or credentials, whether or not you authorized that activity. You must keep your credentials confidential, must not share them, and must promptly notify FinX of any actual or suspected unauthorized use of your account or any other breach of security.

4. Permitted use

Subject to your compliance with this Policy and any applicable Agreement, FinX grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Services solely for your internal business purposes and only as expressly permitted by FinX. All rights not expressly granted are reserved by FinX. Nothing in this Policy or any Agreement transfers to you any ownership interest in the FinX IP.

5. Prohibited uses

You must not, and must not permit, encourage, or assist any third party (including your personnel, affiliates, contractors, or end users) to do any of the following.

5.1 Unlawful and harmful activity

• Use the Services in violation of any applicable law, rule, regulation, court order, or third-party right, including securities, banking, insurance, anti-money-laundering, sanctions, export-control, privacy, and consumer-protection laws.
• Use the Services to facilitate or further any fraudulent, deceptive, defamatory, harassing, or otherwise unlawful or harmful activity.
• Use the Services in any manner that could create liability for FinX or that could damage, disable, overburden, or impair the Services or the FinX IP.

5.2 Intellectual property infringement

• Infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or other rights of FinX or any third party.
• Upload, submit, transmit, or otherwise make available any Content that you do not have the lawful right to use, that infringes any copyright, patent, trademark, trade secret, or other proprietary right, or that you are not authorized to disclose.
• Use the Services to develop, train, or improve any product, model, or service that competes with the Services, or to create any derivative work based on the FinX IP.

5.3 Protection of FinX IP

• Copy, reproduce, republish, distribute, display, frame, mirror, or create derivative works of the Services or any FinX IP, except as expressly authorized in writing by FinX.
• Decompile, disassemble, reverse engineer, or otherwise attempt to derive, discover, or reconstruct the source code, underlying methodologies, models, algorithms, calculation logic, data structures, or architecture of the Services, except to the limited extent this restriction is prohibited by applicable law.
• Access or use the Services, or any FinX IP, for the purpose of building a competing or substantially similar product or service, or for benchmarking, performance comparison, or competitive analysis, in each case without FinX’s prior written consent.
• Remove, obscure, alter, or circumvent any proprietary notice, label, watermark, or marking on or within the Services or any FinX IP.
• Use any FinX trademark, service mark, trade name, or logo without FinX’s prior written authorization, or in any manner that creates a false or misleading impression of affiliation, endorsement, or sponsorship.

5.4 Security and integrity

• Access, or attempt to access, any portion of the Services, any account, system, network, or data that you are not authorized to access.
• Probe, scan, or test the vulnerability of the Services or any related system or network, or breach or circumvent any authentication, security, rate-limiting, or usage measure.
• Introduce or transmit any virus, worm, malware, time bomb, or other malicious or harmful code.
• Use any robot, spider, scraper, crawler, or other automated means to access, monitor, copy, or harvest data from the Services, except through APIs or SDKs provided by FinX and used in accordance with their documentation and applicable rate limits.
• Interfere with or disrupt the integrity, performance, or operation of the Services, or impose an unreasonable or disproportionately large load on the FinX infrastructure.

5.5 Restrictions on use and data

• Resell, sublicense, lease, rent, distribute, time-share, or provide the Services to or for the benefit of any third party as a service bureau or otherwise, except as expressly permitted by FinX in writing.
• Use the Services in any way that violates the usage limits, scope, or entitlements set out in your Agreement or order form.
• Submit to the Services any personally identifiable information, protected health information, payment card information, government identifiers, or other regulated or sensitive personal data. The Services are designed for the analysis of financial instruments and portfolios and are not intended to receive, process, or store such data. You are solely responsible for ensuring that any Content you submit is appropriate for a system not designed to handle regulated personal data, and you assume all risk and liability arising from any failure to do so.
• Misrepresent the source, accuracy, or completeness of any output of the Services, or present any output as investment advice, a recommendation, or a regulatory determination where doing so is not authorized.

6. Intellectual property and ownership

As between you and FinX, FinX exclusively owns and retains all right, title, and interest in and to the FinX IP, including all enhancements, modifications, and derivative works thereof, and including any feedback, suggestions, or ideas you provide regarding the Services. You hereby assign to FinX all right, title, and interest in any such feedback, suggestions, and ideas, and FinX may use them for any purpose without restriction or obligation to you.

As between you and FinX, you retain all right, title, and interest in and to your User Content. You grant FinX a worldwide, non-exclusive, royalty-free right and license to host, store, process, transmit, display, and otherwise use your User Content solely as necessary to provide, maintain, secure, and improve the Services and to comply with applicable law. You represent and warrant that you have all rights necessary to grant this license and to submit your User Content, and that your User Content and its use by FinX as permitted under this Policy will not infringe or violate any third-party right or applicable law.

The trademarks, service marks, trade names, and logos of FinX, including “FinX,” “FinX Capital Markets,” “AMP,” and “Asset Modeling Platform,” are the property of FinX. Nothing in this Policy grants you any right to use them.

7. Reservation of rights, monitoring, and enforcement

FinX reserves all rights not expressly granted to you. FinX may, but is not obligated to, monitor, review, and investigate use of the Services and any Content for compliance with this Policy, applicable law, and the protection of FinX, the Services, and any third party. FinX may use automated and manual means to detect, prevent, and respond to violations.

FinX may, in its sole discretion and without prior notice, take any action it deems appropriate to address an actual or suspected violation of this Policy or any threat to the security, integrity, availability, or lawful operation of the Services, including investigating the matter, removing, disabling, or restricting access to any Content, throttling or suspending access, terminating accounts, and reporting conduct to and cooperating with law-enforcement authorities, regulators, and affected third parties. FinX is not liable for any action taken in good faith under this Section.

The exercise or non-exercise of any right under this Policy does not waive that right or any other right. FinX’s failure to enforce any provision of this Policy is not a waiver of its right to do so later.

8. Suspension and termination

FinX may suspend or terminate your access to all or part of the Services, immediately and without liability, if FinX determines that you have violated or are likely to violate this Policy, that suspension or termination is necessary to protect the Services, FinX, or any third party, or that it is required to comply with applicable law or a request from a governmental or regulatory authority. Where practicable and not prohibited by law or security considerations, FinX will endeavor to provide notice. Upon termination, your right to access and use the Services ceases, and you must cease all use of the FinX IP.

9. Copyright infringement claims

FinX respects the intellectual property rights of others and expects Users to do the same. If you believe that any Content available through the Services infringes a copyright you own or control, you may submit a written notice to the contact below that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. FinX may remove or disable access to allegedly infringing material and may terminate the accounts of Users who are repeat infringers.

10. Indemnification

To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless FinX and its affiliates, and their respective officers, directors, members, managers, employees, agents, and representatives, from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of this Policy, any Agreement, or any applicable law; or (d) your infringement or misappropriation of any intellectual property right or other right of FinX or any third party. This obligation survives termination of your access to the Services and any Agreement.

11. Disclaimers and limitation of liability

The Services and all outputs are provided for analytical and informational purposes only and do not constitute investment, legal, tax, accounting, or regulatory advice. You are solely responsible for any decisions made in reliance on the Services. Except as expressly stated in a written Agreement, the Services are provided “as is” and “as available,” and FinX disclaims all warranties to the fullest extent permitted by law. Any limitations of liability set out in your Agreement apply to this Policy.

12. Reporting violations

To report a violation of this Policy or a security concern, contact FinX at info@finx.io.

13. Changes to this Policy

FinX may update this Policy from time to time. When FinX makes material changes, it will update the “Last Updated” date and may provide additional notice as appropriate. Your continued use of the Services after an updated Policy takes effect constitutes your acceptance of the changes.

14. Governing law

This Policy is governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Policy is subject to the dispute-resolution and venue provisions of your applicable Agreement, or, in the absence of such an Agreement, to the exclusive jurisdiction of the state and federal courts located in California.

15. Contact

FinX Capital Markets, LLC
3868 West Carson Street, Suite 105
Torrance, CA 90503
info@finx.io
finx.io · fiteanalytics.com