Terms of Service
- Acceptance. You accept these terms by (a) clicking to agree or accept the terms, or by (b) logging into the product where it states that you are accepting these terms. You may not use the Services or accept the Terms if (a) you are not of legal age to form a binding contract with Riskalyze, or (b) you are a person barred from receiving the Services under any applicable laws or regulations.
- Not Investment Advice. The Services utilize mathematical algorithms developed by Riskalyze, combined with market data that we access through our partners, to provide information to you and other users. You acknowledge that Riskalyze does not independently evaluate the suitability of, owe a fiduciary duty to, or recommend any investments for you or your clients.
The information, data, analysis and opinions contained in the Services include the confidential and proprietary information of Riskalyze; may include or be derived from account information provided by you which cannot be verified by Riskalyze; may not be copied or redistributed; does not constitute investment advice offered by Riskalyze; are provided solely for informational purposes and do not constitute an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Except as otherwise provided by law, Riskalyze shall not be responsible for any trading decisions, damages or other losses resulting from the use of this information, data, analysis or opinion.
Riskalyze is not registered with the Securities and Exchange Commission as an investment advisor or a broker/dealer. You acknowledge that Riskalyze, its employees and its agents are not financial advisors, financial planners or broker/dealers, and cannot, through the Services, advise you or your clients. You certify that you are a licensed investment advisor, and that if you choose to make investment decisions for your clients in reliance on information you receive in connection with the Services, you do so at your own risk.
To the maximum extent permitted by law, Riskalyze disclaims any and all liability in the event that any content or data on the service is inaccurate, incomplete, unreliable, or results in any investment or other losses.
Nothing on the service should be construed as an offer to sell, an offer to buy, or a recommendation for or against any security by Riskalyze or any third party. Past performance is no guarantee of future results.
YOU ACKNOWLEDGE THAT AN INVESTMENT IN ANY SECURITY IS SUBJECT TO A NUMBER OF RISKS AND THAT DISCUSSIONS OF ANY SECURITY PUBLISHED ON THE SERVICE WILL NOT CONTAIN A LIST OR DESCRIPTION OF RELEVANT RISK FACTORS. IN ADDITION, PLEASE NOTE THAT SOME OF THE STOCKS THAT YOU ANALYZE USING THE SERVICES MAY HAVE A LOW MARKET CAPITALIZATION OR INSUFFICIENT PUBLIC FLOAT. SUCH STOCKS ARE SUBJECT TO MORE RISK THAN STOCKS OF LARGER COMPANIES, DUE TO FACTORS SUCH AS GREATER VOLATILITY, LOWER LIQUIDITY AND LESS PUBLICLY AVAILABLE INFORMATION.
- Privacy. For information about Riskalyze privacy and security policies, as well as data protection practices, please read our Privacy and Security Policy. You agree to the use of your data in accordance with that policy.
- Proprietary Rights. You acknowledge and agree that Riskalyze, Inc. and/or its licensors own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services. You further acknowledge that the Services may contain market pricing and reference data acquired under license from third parties, which may not be disclosed without Riskalyze’s prior written consent.
- License. When you or the entity who has provided you with your user account purchases the Services, Riskalyze grants you a personal, worldwide, non-assignable and non-exclusive license to use the Services.
You agree not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Riskalyze, in writing.
- Copyright. The Services are protected by a combination of copyright, trade secret laws and patent protection. Portions of the Services contain information and data from third party providers, subject to their own copyright provisions.
Certain parts of the information provided in the Services is proprietary to Morningstar, Inc. and/or its content providers; may not be copied or distributed, and is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.
- Use of the Services. You acknowledge that each Riskalyze account is designed, intended and licensed for use by a single named user only. You agree not to share access to your Riskalyze account, login information or password with any other individuals or entities. You agree that you are solely responsible for the activities that occur under your user account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Riskalyze immediately at email@example.com.
You agree to provide accurate and correct information about your identity, your firm, and your status as a licensed investment advisor. You agree to use the Services only for purposes that are permitted by (a) the Terms, and (b) any applicable laws or regulations.
You agree not to access any of the Services by any means other than the interface provided by Riskalyze, except where expressly permitted by a separate agreement with Riskalyze. You specifically agree not to use automated means (including the use of scripts or web crawlers) to access the Services. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services.
Unless specifically permitted in a separate agreement with Riskalyze, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Due to agreements with third party providers of data into the Services, the outputs from the Services, including but not limited to its screenshots, reports and analytics, may not be used in general mailings, mass communications or advertisements, without prior written approval from Riskalyze.
- Integrations. If you choose to integrate the Services with your advisory network or custodian's data feed or other third party software or services, Riskalyze accepts that as your request to share confidential data stored in your account, such as client names, holdings or Risk Numbers, with the data feeds or third party services you connect.
- Billing and Termination. The following terms apply to billing and/or termination of your account, depending on how your license for the Services was purchased.
- Enterprise Customer Agreement. If your license for the Services was purchased using an enterprise customer agreement, the "Billing and Termination" section is superseded by the terms of that agreement. Please consult that agreement or your enterprise account manager for details on how to terminate or change your license. Otherwise, the following terms apply to you.
- Billing Policies. Your Riskalyze account is attached to one or more licenses for a Riskalyze product. The license determines the precise product and service plan you have purchased (e.g. Riskalyze Solo Edition, Compliance Cloud, Autopilot Direct, etc.). Your service plan likely includes a certain amount of capacity for client profiles, accounts, or user accounts, and additional fees will apply when you exceed those capacities. For details on your service plan, contact firstname.lastname@example.org.
Riskalyze generally bills customers on the day of their month that their license was activated. For license activations on the 29th, 30th or 31st day of the month, billing may occur as early as the 28th day. All fees are nonrefundable once billed, except as provided for in “Ending your Relationship with Riskalyze.”
If your firm is paying for an advisor's account, and that advisor leaves your firm, it is your responsibility to notify Riskalyze, using the process and timelines described herein, that you will no longer be financially responsible for that advisor's account. If you choose to make such a notification, you also agree to provide the advisor's updated contact information, so Riskalyze can attempt to transfer financial responsibility for the account to them.
- Ending your Relationship with Riskalyze. The Terms will continue to apply until terminated by either you or Riskalyze as set out below.
If you want to terminate your agreement with Riskalyze, you may do so by written notification to Riskalyze via electronic mail or via postal mail to the address which is set out at the beginning of these Terms. Termination is deemed effective when you receive an acknowledgement from a Riskalyze employee that your message has been received.
For month-to-month accounts, your cancellation request must be received by 12:00PM Noon Pacific Time on the day prior to your monthly billing date. For annual contract accounts, your cancellation request must be received by 12:00PM Noon Pacific Time on the seventh day after your annual billing date.
If you have a service commitment that has not yet expired, both access and billing for the Services will continue until that service commitment ends. Service fees are payable in advance and are nonrefundable, including for partial months or unused service time.
- Termination of the Services. Riskalyze may, at any time, terminate its legal agreement with you if (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) Riskalyze is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (c) the partner with whom Riskalyze offered the Services to you has terminated its relationship with Riskalyze or ceased to offer the Services to you; or (d) Riskalyze is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (e) the provision of the Services to you by Riskalyze is, in Riskalyze’s opinion, no longer commercially viable; or (f) you do not pay any amounts due for the license of the Services according to the terms stated in your invoice.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Riskalyze have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, including the provisions of the "General Legal Terms" and "Conflict of Laws" sections below.
- EXCLUSION OF WARRANTIES. NOTHING IN THESE TERMS, INCLUDING THE “EXCLUSION OF WARRANTIES” AND “LIMITATION OF LIABILITY” SECTIONS, SHALL EXCLUDE OR LIMIT RISKALYZE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, RISKALYZE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RISKALYZE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. RISKALYZE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY. SUBJECT TO THE OVERALL PROVISIONS IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RISKALYZE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF YOUR OR RISKALYZE'S ACTIONS;
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WHICH RISKALYZE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- YOUR FAILURE TO PROVIDE RISKALYZE WITH ACCURATE ACCOUNT INFORMATION;
- ALL OF THE LIMITATIONS ON RISKALYZE’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT RISKALYZE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- Changes to the Terms. Riskalyze may make changes to the Terms from time to time. When these changes are made, Riskalyze will make a new copy of the terms available at https://www.riskalyze.com/tos. You understand and agree that if you use the Services after the date on which the Terms have changed, Riskalyze will treat your use as acceptance of the updated Terms.
- General Legal Terms. The Terms constitute the whole legal agreement between you and Riskalyze and govern your use of the Services (with the exception of any explicitly written and executed side agreements between you and Riskalyze), and completely replace any prior agreements between you and Riskalyze in relation to the Services.
You agree that if Riskalyze does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Riskalyze has the benefit of under any applicable law), this will not be taken to be a formal waiver of Riskalyze’s rights and that those rights or remedies will still be available to Riskalyze.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Riskalyze under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Riskalyze agree to submit to the exclusive jurisdiction of the courts located within the County of Placer, State of California, United States of America to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Riskalyze shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Last Revised April 4, 2016