PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED.
These Terms of Service ("Terms") govern your use of our website http://fintopy.com and all subdomains (the "Site") related products (including but not limited to our applications on desktop and mobile) and services (including but not limited to our API(s)) (collectively with the Site, the "Services"), which are owned/managed by the Sole Incorporation Wagenleitner Sergio (hereinafter "Fintopy", "we", "our" or "us"), with VAT number AT U73380058, registered at the Finanzamt Braunau Ried Schaerding, Austria, Registered Office Rampfen 24, 4920 Schildorn.
Please refer to our Privacy Policy at fintopy.com/privacy. You agree that they constitute part of these Terms. You must read our Privacy Policy before you use our services, as these Terms form a binding legal agreement between you and Fintopy.
These Terms may apply to you individually, the business or other legal entity user you represent, or both. If you are entering into these Terms, or using the Site or Services, on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity. By ordering, accessing, registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these Terms. In the event you have entered into a separate written agreement with Fintopy regarding the Services that contemplates terms that are inconsistent with these Terms, the written agreement shall control and these Terms will not apply to you to the extent inconsistent with such written agreement, or, if such written agreement is contemplated to be in lieu of these Terms, these Terms shall not apply at all.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED
Fintopy provides a financial data platform, together with related services and content. Our Services include but may not limited to:
In addition to these terms each service may describe its own restrictions and limitations if noted (e.g. API usage limits). Such terms are hereby incorporated into these Terms.
Excluding User Content (see below), all content made available through our Services (including but not limited to and with exceptions (third party providers, certain open source content, ...) all information, applications, data, user information, newsletters, blog posts, articles, stock filings, general text, trademarks, trade dress, graphics and their selections and arrangement, collectively, the "Services Content") is the proprietary content of Fintopy.
No Services Content may be modified, copied, distributed, reproduced, republished, downloaded, posted, transmitted, or sold in any form or by any means, in whole or in part, without Fintopy’s prior permission in each instance. Provided that you are eligible for use and access of the Services and subject to the conditions of these Terms of Service, you are granted a limited license to access the Services Content and to download or print a copy of any portion of the Services Content to which you have properly gained access solely for your own use, except if the plan specifies business use. In this case you are allowed to use certain pars of your Services Content (e.g. content of data feeds) in your own applications seen and used by others, provided that you keep all copyright or other proprietary notices intact. You agree to abide by all additional copyright notices or restrictions contained in the Services Content.
As part of the Services, you may order certain subscriptions to data feeds. We may offer temporary limited, non-exclusive, revocable licenses for business use. In order to display our data (including but not limited to modified filings) to your clients or customers, or use the api and api data in general the license must be active at all times. You cannot display filings generated or modified by us or other Services Content to your customers or in your service while your subscription is inactive even if you downloaded the filing or other Services Content while it still was. We may use watermarking and other techniques to identify unsolicited usage. Each data feed may have its own specific terms applicable to such data feed (“Product Terms”), which are set forth in corresponding links presented with the data feed on the Site and also made available for review during the ordering process, and such Product Terms are hereby incorporated into and made a part of this Agreement by this reference and you automatically agree to such terms by ordering or otherwise accessing the corresponding data feed or application. In the event of a conflict between these Terms and Product Terms, the Product Terms shall control. One common data feed-specific term within the Product Terms specifies whether such data feed may be redistributed or not. Absent Product Terms to the contrary, the respective rights applicable to non-redistributable and redistributable data are set forth below. Another common data feed-specific term is the API Call Limits, which sets the maximum number of times an API call may be made at a certain time interval with respect to such data feed.
Our Services (including, but not limited to, our data feeds) may include data made available by Fintopy or third-party publishers distributing data through Fintopy available to and with our Services (collectively, “Fintopy Data”). Accordingly, certain services may require you to enter into an agreement directly with the third-party provider of such service. In such event, you may not access such service without agreeing to such terms, which shall constitute a direct agreement between you and the third party.
With respect to all Fintopy Data identified as being provided with no redistribution rights ("personal use"), you may not redistribute such Fintopy Data. Your use of such Fintopy Data is exclusively for research purposes and may not be utilized to build an application intended for use by end users other than for you. You may not share your access to the Fintopy Data with other individuals. You must disclose in any printed or shared document containing the Fintopy Data either the Fintopy logo or reference that the data is from Fintopy. For example, you may use the data to create reports (e.g. analyst reports), provided that the data is presented in a static manner and repackaged in a form that adds additional information or analysis of the data beyond basic sharing of the data itself in isolation. You may not, however, include Fintopy Data identified as being provided with no redistribution rights in any application or otherwise provide or display the data to a third-party in a dynamic manner (i.e. updating the data being displayed (through technological means relating to an API call or otherwise) as opposed to presenting the data within a certain set once as it exists at a specific moment in time). In the event the Product Terms include additional or conflicting terms with respect to the non-redistribution use parameters, such Product Terms shall apply and supersede these Terms where they conflict.
With respect to all Fintopy Data identified as being provided with redistribution rights ("business use"), you are permitted to receive, process, and display the Fintopy Data in your own application to individual end users of your application, provided you or your End Users use the data in such a way as to not resell or otherwise commercially exploit the Fintopy Data. (provided that you may commercialize your application so long as such commercialization and the demand for such application is not directly or primarily tied to the Fintopy Data itself and material, substantial functionality and/or analysis is provided in connection with such Fintopy Data). You are also permitted to exceed API Call limits, if possible. You must disclose in your application, website or software (on any page where Fintopy Data is used) either the Fintopy logo or reference that the data is from Fintopy. You are permitted to modify certain data including but not limited to binary data (images, videos, ...) documents (stock filings,...) or remove any trademarks or watermarks. The Services provided by us are licensed, not sold. The Services, and all copies of the Services, are owned by Fintopy or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. You agree that you have no right to any Fintopy trademark or service mark. In the event the Product Terms include additional or conflicting terms with respect to the redistribution use parameters, such Product Terms shall apply and supersede these Terms where they conflict.
Regardless of whether the data is redistributable, you shall not repackage or resell the Fintopy Data in any form, including, without limitation, bulk form (subject to your limited rights to use and display the data as set forth in the sections above as applicable, and provided further that an entire data feed may be used within a report provided it is repackaged and accompanied by additional analysis as opposed to general republishing). If you reach your Daily API Call Limit for your subscription (which is set forth in the applicable Product Terms), your service will be shut off until the next day.
To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only provide accurate information to us; (iv) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (v) will not violate any rights of Fintopy or a third party.
You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
To use some of our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may collect, disclose, store and otherwise use your information in accordance with the terms of the Fintopy Privacy Policy, available at https://fintopy.com/privacy.
The account you create and any related profile is owned by us. With regard to your account, you agree to:
You are responsible for any activity occurring under your account. You shall not:
We reserve the right to deny creation of your account based on our inability to verify the authenticity of your registration information.
You are solely responsible for all content (including, but not limited to all articles, user information, profile information, forum posts, comment posts, user to user messages, and text/design/content of any kind) (collectively the “User Content”) that you upload, publish or display (hereinafter, “post”) on or through our Services, or transmit to or share with other users of the Services. You may not post, transmit, or share User Content on the Services that you did not create, to which you do not hold a copyright, or that you do not have permission to post. You agree that Fintopy may, but is not obligated to, review the Services and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Fintopy violates these Terms of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content You post or store on the Services or provide to us. When you post User Content to the Services, you authorize and direct us to make such copies and backups thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Services. By posting User Content to or through any part of the Services, you automatically grant, without compensation from Fintopy, and you represent and warrant that You have the right to grant, to Fintopy an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose (including, without limitation, any commercial purpose, including, creating a platform for the sublicensed User Content). Through or in connection with the Services, Fintopy may grant and authorize sublicenses of the foregoing, without any obligation to compensate you. You may remove your User Content from the Services at any time, provided that you acknowledge and agree that Fintopy’s license and all sublicenses to the User Content shall continue perpetually as specified in the license grant above. Fintopy does not assert any ownership rights over Your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to Fintopy (“Feedback”) to Fintopy. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and we shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Fintopy under any circumstances relating to such Feedback.
If you purchase any Services that we offer for a fee (“Paid Services”), you agree to pay the applicable fees for the Paid Services when due plus all related taxes. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You also agree that Fintopy and its third-party service providers providing payment processing services may store your payment information. We may charge your payment information for subsequent charges you authorize, such as subscription upgrades, renewals or other special charges authorized by you. If the payment method you use with us reaches its expiration date and you do not edit the applicable information or cancel such Paid Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts.
If you purchase a subscription to a Paid Service, you will be billed for your first month immediately upon purchasing or upgrading to a subscription account. Unless otherwise set forth on an applicable ordering document incorporating these Terms, the Services are billed in advance and are non-refundable. Your subscription account shall automatically renew, provided that you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You shall retain access to such Paid Services from the time you cancel until the start of the next billing period, but you will not receive a refund or credit for any days remaining in your current billing period. You agree to reimburse us for all collection costs and interest for any overdue amounts.
Subscriptions provide a way to directly access Fintopy's API. Every subscription has a billing interval as well as a product associated with it. Products are grouped into several product groups. Every account can only subscribe to one product of every group. Users can switch a product inside a group by upgrading/downgrading their subscription. If users find ways to circumvent this rule they will not get more API Calls or other services associated with the product group and only one product will be applied towards the user. You may cancel the invalid subscription(s) however amounts already paid won't be refunded. (see above)
You may also update the plan of a subscription. For example, If you are on a $10 monthly plan and are billed on the 1st of every month, as well as execute a plan change half way through the billing cycle (in this case, mid-month on a monthly cycle - eg. the 15th of the 30-day month). In this case, you have already paid $10 and used half of that (because you’re in the middle of the month). When you are switched to the new plan which has a price of $30.00:
If you switch from a more expensive plan to a cheaper one your credit will be higher than your debit, in this case the unused credit will be applied to your future invoices.
Unless expressly stated to the contrary, we do not guarantee refunds for lack of usage, dissatisfaction or any other reason. Paid Services may be subject to additional terms, in addition to these Terms, related to the provision of the Paid Service.
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use our services will immediately cease. If Fintopy denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
Fintopy will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by Fintopy pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, Fintopy will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to Fintopy any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords. Fintopy shall not be liable for any unauthorized use of payment accounts. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained through the use of the Services.
We are constantly updating our offerings of products and services. The products or services available on our Platform may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, Services and Services Content. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Fintopy.
Fintopy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites, data or services. You further acknowledge and agree that Fintopy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or service(s).
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Your use of the Service is at your sole risk. Fintopy will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed.
Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Service limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
Fintopy is not a registered investment advisor or broker/dealer. You are advised that the material contained herein should be used solely for informational purposes. You should always conduct your own research and due diligence and obtain professional advice before making any investment decision. Neither Fintopy nor its other users will be liable for any loss or damage caused by a reliance on information obtained in any Services Content or User Content.
Fintopy 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.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL SITE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. FINTOPY DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. FINTOPY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, FINTOPY’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
In no event shall Fintopy, 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.
IN NO EVENT SHALL FINTOPY BE LIABLE FOR ANY INVESTMENT GAIN/LOSS YOU INCUR DURING YOUR INVESTMENT IN THE STOCK MARKET. INVESTING IN STOCKS IS RISKY. THE PAST PERFORMANCES OF ANY PERSON(S) DO NOT GUARANTEE THEIR FUTURE PERFORMANCES. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE FINTOPY PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
An investment in stocks or other securities could lose money over short or even long periods. You should expect stock prices and returns may have large range fluctuations. NO GUARANTEE CAN BE MADE IF YOU INVEST BASED ON THE INFORMATION PROVIDED THROUGH OUR SERVICES. You specifically acknowledge that none of the Fintopy Parties will be held liable for losses or gains arising out of or relating to your use the Services and that no other Fintopy user will be liable to you for losses or gains arising out of any Services Content or User Content of any type available through the Services. You acknowledge that your investment decisions or recommendations are made entirely at your election. You also specifically acknowledge that any user may or may not have a position in any investment described in User Content and that you have been informed that the user posting User Content may have established a position at a much earlier time at more favorable prices, has no duty to update the User Content if its investment position changes, and may effect transactions in investments before or after, and in the same manner or the opposite manner, to any investment transactions directly or indirectly described in the User Content.
You agree to defend, indemnify and hold harmless Fintopy and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, or b) a breach of these Terms c) user content d) your Content or any other content or material you submit or otherwise transmit through our Services.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Fintopy ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Services, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Fintopy or any person for whom Fintopy is responsible, and even if Fintopy has been advised of the possibility of such loss or damage being incurred.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us at support@fintopy.com