Terms & Conditions
DataSpark is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Subscriber Agreement ("Agreement"). Your use of DataSpark and your receipt of any subscription-based services and information made available through DataSpark (the "Information" and the "Service" or "Services") constitutes (i) your agreement to all such terms, conditions and notices; (ii) your agreement to be bound by and comply with this Agreement; and (iii) your consent to the collection, use and disclosure of personal information as described in the Privacy Statement. If you do not so agree and consent, you are not authorized to visit DataSpark or use DataSpark’s Information or Services. Please read the terms and conditions of this Agreement carefully; they impose obligations on you and govern your relationship with DataSpark. By accessing any of the Information or Services, you are acknowledging that you have read and understood the terms and conditions of this Agreement, and agree without limitation or qualification, to be legally bound by, and to comply with them.
You shall be responsible for obtaining the requisite communication lines and internet connections to interface with DataSpark. You understand and agree that nothing in this Agreement shall be deemed to constitute an undertaking by DataSpark to continue to disseminate the Information in its present form or configuration. DataSpark, in its sole discretion may, from time to time, make modifications to the Information and Service, irrespective of whether such modifications would require changes to be made by you to any device or equipment which receives the Service from DataSpark. You shall bear all risks of failing to make concurrent modifications to your devices and equipment and you acknowledge and agree that neither DataSpark nor its Information Providers (defined as the source from which DataSpark receives the Information made available through the Service) shall be responsible if such changes affect your access to or use of the Service in any way.
2. APP OWNERSHIP
Software included as part of the Service contains software proprietary to DataSpark and/or to third parties ("Third Party Suppliers") and licensed to DataSpark ("DataSpark Software"). DataSpark and Third Party Suppliers retain title and ownership to the DataSpark Software and all copyright and other intellectual property rights therein. Your receipt of the Service does not constitute a sale of the DataSpark Software or any copy. You agree not to alter, decompile, scan, or disassemble the DataSpark Software.
3. CORPORATE RIGHTS AND NAMES
You understand and agree that DataSpark and the Information Providers have proprietary rights in certain trademarks, service marks, trade names, corporate names and in the Information that originates on or derives from markets regulated or operated by the Information Providers and in the compilation of Information gathered from other sources (the "Intellectual Property"). You agree not to use such Intellectual Property in any way which would infringe upon the rights of DataSpark and the Information Providers. You agree not to alter, remove, or obscure any copyright notices or other proprietary notices on and in any part of the Service.
4. THIRD PARTIES
You agree that the Information Providers have the right to enforce the terms of this Agreement and are specifically intended to be third party beneficiaries hereof.
5. USE OF INFORMATION
You are authorized to receive and use the Information solely in accordance with this Agreement. Any other use of the Information by you, including, but not limited to, retransmission or reprocessing, in whole or in part, is prohibited and you agree not to transmit, divulge, or publish any part of the content or substance or in any way provide the Information, or any part thereof, to any other Person, which shall be defined as any natural person, proprietorship, corporation, partnership, or other entity whatsoever. You acknowledge and agree that as a condition of continued receipt of Information from DataSpark, its suppliers or any of their affiliates or agents, you shall not create, sponsor or permit the trading of financial instruments or investment products (including, without limitation, derivatives, structured products, investment funds, exchange-traded funds or derivatives based on exchange-traded funds where the price, return and/or performance of such instrument or product is based on, related to, or intended to track, any index published by any of DataSpark’s suppliers or financial instrument or investment product linked to an index published by any DataSpark supplier without a separate written agreement with the applicable DataSpark supplier for such purpose. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify DataSpark of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username, password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. 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 by or through use of the Service.
6. USER STATUS
When signing up as a Subscriber, you may be asked, and you must represent, whether you are subscribing under Professional or Non-Professional Status. To qualify as a Non-Professional, you must warrant that you: i) are an individual neither (A) acting as a broker or dealer in the purchase or sale of negotiable financial instruments for third parties or registered or qualified in any capacity under any national or provincial securities or commodities trading law, rule or regulation, or the rules or regulations of any securities or commodities exchange, market or association; nor (B) engaged as an "investment advisor" or "investment banker" as defined in the Investment Advisors Act of 1940 of the United States (whether or not registered or qualified under that Act); nor (C) employed by a bank or other organization exempt from registration under federal, state or provincial securities laws to perform functions that would require registration or qualification if such functions were performed for an organization not so exempt; ii) shall use the Information solely in connection with your own individual, personal investment activities and not in connection with any trade or business activities; iii) are over eighteen (18) years of age; and iv) are a party to this Agreement in your own capacity and not on behalf of a firm, corporation, partnership, trust or association. You acknowledge and agree that if your status with respect to any of the foregoing statements is affected or changed in anyway, you shall promptly contact email@example.com. If any of the above do not apply but you are a professional broker, dealer or trader or employed by or conducting business in the securities industry, you will be designated as a Professional and you must agree to be bound by certain exchange agreements before utilizing the Services for commercial purposes. If you are such a professional, you must complete and submit the appropriate agreements as available and as directed when signing up as a Subscriber and accept and agree to the terms therein. DataSpark reserves the right to deny Service to any Subscriber who, in DataSpark’s determination, misrepresents its non-professional status. If it is determined by DataSpark, or through any third-party audit by any of the Information Providers, that you have misrepresented your status as a non-professional, you accept and agree that DataSpark reserves the right to debit your credit card or invoice you for the difference in any non-professional exchange fees remitted by you over the period of any third-party or internal audit and the amount of professional exchange fees which should have been remitted under professional status. DataSpark remit the full amount of the exchange fees paid by you directly to the Information Provider.
7. INFORMATION FROM SUBSCRIBERS
All information provided by you pursuant to this Agreement is being provided at the request of you and the Information Providers. DataSpark shall request any additional information from you required by any Information Providers or their auditors. Failure to promptly provide the requested information shall result in termination of access to the Service until such time as the request is complied with.
8. ACCOUNT USE
You may not share your DataSpark username and/or password with any third party. We reserve the right to limit access to the Services to one user at a time. DataSpark reserves the right to cancel or deny access to any subscriber who shares their account or, in its sole discretion, to any user without notice.
The subscription fees for DataSpark are set forth on DataSpark’s website and may be amended at DataSpark’s sole discretion from time to time without notice and are payable monthly or annually in advance. Payment shall be accepted by credit card, wire or other payment services for monthly and annual subscriptions. A portion of your subscription fee may include an exchange fee that is paid to the securities exchanges by DataSpark on a monthly basis. These exchange fees are non-refundable. If a trial period is offered, subscriptions are billed upon completion of the trial offer. You must cancel before your trial period has expired in order to prevent automatic and recurring billing of your subscription. If no trial period is offered, you will be billed upon signup and automatically each month or year, as selected, until you cancel. There is a limit of one trial offer per customer. You agree to provide DataSpark with the right to debit your credit card monthly or annually in advance for all Services provided to you. You may cancel at any time; however monthly subscriptions are subject to a 60-day cancellation policy. Both monthly and annual customers requesting cancellation must submit a cancellation request in writing via email to firstname.lastname@example.org prior to your re-bill date. No refunds are permitted for annual subscriptions.
You shall be solely responsible for the payment of any taxes, charges or assessments imposed on you or DataSpark, and any penalties or interest thereon, relating to the provision of the Service (except for any income taxes, if any, imposed on DataSpark).
11. USER CODE OF CONDUCT
When you register as a Subscriber, you gain access to the Services which may include the ability to participate in chat rooms, exchange messages, and share files. You may use the Service for lawful purposes only. You agree not to post, upload, e-mail, transmit, distribute, or otherwise make available through the Service any of the following: (i) any material that violates any applicable laws; (ii) any material that restricts or inhibits any other user from using the Service; (iii) any material that is unlawful, threatening, abusive, harassing, defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or indecent, or encouraging conduct that would constitute a criminal offense or give rise to civil liability; (iv) any material that contains viruses or any other element or component that has a capacity or potential to interrupt, permit the unauthorized use of, or limit the functionality of any software or hardware, any telecommunications equipment, or any communications network; (v) any material that violates or infringes the rights of others; rights of privacy or publicity; rights under defamation law; or rights under securities or other applicable law; or (vi) any material that contains any other harmful or illegal component. You further agree that you will not: (i) alter, damage or delete any material appearing on DataSpark; (ii) disrupt the normal flow of communication on DataSpark; (iii) claim a relationship with or speak for any business, organization, or person for which you are not authorized to claim such a relationship; or (iv) violate any operating rule, policy or guideline of your Internet access provider or online service. DataSpark reserves the right (but does not have any obligation) to prohibit or restrict conduct on the DataSpark websites and to edit, block, or remove any content, in whole or in part, which in our sole discretion we believe violates our Subscriber Code of Conduct, or is otherwise objectionable. If you believe that material has been posted that violates any of these prohibitions, or that should otherwise be removed, please contact email@example.com.
12. RECIPIENTS OF DATA
By executing this Agreement, You, (known as “Subscriber” in the DataSpark Subscriber Agreement known as “Subscriber Agreement”) agree that: a. you have read and agree to be bound by the Agreement set by DataSpark and the conditions of use by the data providers; b. the Data Recipient/Vendor (i) is not authorized to add to or delete any terms of provisions from the Subscriber Agreement; and (ii) is not authorized to modify any Subscriber Agreement; and c. no provision has been added to or deleted from the Subscriber Agreement and that no modifications have been made to it. Both the Subscriber and the person executing on behalf of the Subscriber warrant that the Subscriber is legally able to undertake the obligations set forth in and the signatory is duly authorized to bind the Subscriber to the Subscriber Agreement.
The initial term of this Agreement shall be the date of acceptance by you of this Agreement as evidenced by your clicking the "Agree" button on DataSpark website, or the date you actually use the Service, whichever date occurs first, and shall continue until the end of your selected subscription term. Subsequent to the initial term, the term of this Agreement shall automatically be extended for successive additional subscription terms unless terminated by a party hereto or effected by Subscriber cancellation.
14. COMPLIANCE WITH LAWS
You represent and warrant that you are not engaged in, and agree not to engage in, any unlawful transaction or business, and/or will not use or knowingly permit anyone to use the Information and/or the Service for: i) any purpose or in any manner not authorized by this Agreement, or ii) for any unlawful purpose or in any manner not in compliance with the statutes, rules and regulations referenced in Section 5.
15. NO ENDORSEMENT
You understand that neither DataSpark, nor any part of the Service, or any equipment utilized by DataSpark is sponsored or endorsed by any of the Information Providers. DataSpark may contain links to websites operated by parties other than DataSpark. Such links are provided for your convenience only. DataSpark does not control such websites, and is not responsible for their contents. DataSpark’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
16. NO ADVICE
The Information and Services are for informational purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation or sponsorship of any company or security by DataSpark, its affiliates, officers, directors, employees or agents. You acknowledge and agree that neither the Information nor any of the Services is intended to supply investment or financial advice. DataSpark offers no advice regarding the nature, potential value, or suitability of any particular security, transaction, investment or investment strategy. You acknowledge and agree that the use of the Information and Services, and any decisions made in reliance upon the Information and Services, are made at your own risk.
17. NO WARRANTIES
DataSpark shall furnish the Service and the Information to you as promptly and accurately as is reasonably practicable, but neither DataSpark nor the Information Providers, their respective affiliates, agents and licensors warrant or guarantee the timeliness, sequence, accuracy or completeness of the Information. FURTHER, WITH RESPECT TO THE INFORMATION AND THE SERVICE, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR SERVICES AVAILABLE THROUGH THE SERVICE. NEITHER DATASPARK, THE INFORMATION PROVIDERS NOR THEIR THIRD-PARTY INFORMATION PROVIDERS AND THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY THEIR NEGLIGENCE OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING ANY INFORMATION OR SERVICE OR BY ANY DELAYS, INACCURACIES, ERRORS IN OR OMISSIONS OF ANY OF THE INFORMATION OR THE TRANSMISSION THEREOF OR IN THE PROVISION OF THE SERVICE. IN NO EVENT WILL DATASPARK, THE INFORMATION PROVIDERS, THEIR THIRD-PARTY INFORMATION PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR SERVICE.
18. LIMITATION OF LIABILITY
Neither DataSpark nor the Information Providers and their respective affiliates, agents or licensors, shall be liable to you, or any other person, regardless of the cause (unless resulting from the gross negligence or willful misconduct of DataSpark or the Information Providers) or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the Service or Information, or for any delay or interruption in the transmission thereof to you, or for any Claims or Losses (as defined below) arising therefrom or occasioned thereby. "Claims or Losses" shall be defined as any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, including, without limitation, i) direct, indirect, punitive, special, consequential and incidental damages, and ii) administrative costs, litigation costs, and attorneys' and auditors' fees and disbursements. Neither DataSpark nor the Information Providers and their respective affiliates, agents or licensors shall be liable to you or to any other person for indirect, punitive, special, consequential or incidental damages (including, but not limited to, trading losses, loss of profits or anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, cost of cover or other indirect loss or damage) of any nature arising from any cause whatsoever, even if DataSpark, the Information Providers, or their respective affiliates, agents or licensors have been advised of the possibility of such damages. If any or all of DataSpark, the Information Providers and their respective affiliates, agents or licensors are for any reason held liable to you or to any person, the liability of DataSpark, the Information Providers and their respective affiliates, agents or licensors and any other person claiming through, on behalf of, or as harmed by you, is limited to: i) if you continue to receive the Information, a month's credit of any monies paid to DataSpark by you for the period at issue; or ii) if you no longer receive the Information, a refund of any monies due to DataSpark from you for the period at issue.
19. INDEMNIFICATION OF DATASPARK
You shall indemnify DataSpark, the Information Providers and each of their respective officers, directors, partners, holding companies, employees and agents (the "Indemnified Parties") against, and hold the Indemnified Parties harmless from, any and all Claims or Losses imposed on, incurred by, or asserted against the Indemnified Parties as a result of or relating to your non-compliance with any of the terms and conditions of this Agreement and your breach of any of your representations and warranties in this Agreement.
20. DEFAULT BY SUBSCRIBER
If DataSpark determines, in its sole discretion, that i) you are not in compliance with any of the conditions, terms or provisions of this Agreement; ii) any of your representations in this Agreement are untrue; or iii) a petition or other proceeding in bankruptcy, insolvency, or for the appointment of a receiver is filed by or against you, then DataSpark shall have the immediate right, in its sole discretion, to take one or more of the following actions: x) to terminate this Agreement without notice; or y) to pursue such other remedies as it may be entitled to by virtue of or under this Agreement, or at law or in equity.
21. DEFAULT BY DATASPARK
If DataSpark has breached or is in default under this Agreement, and such breach or default continues un-remedied for fifteen (15) days after you have given written notice to DataSpark, you shall have the right to take one or more of the following actions; provided, however, that if such breach cannot be remedied by DataSpark in good faith and with due diligence within fifteen (15) days and the failure to so remedy within fifteen (15) days does not cause you to be in violation of applicable laws or regulations or to otherwise materially injure you, then DataSpark shall not be considered to be in default for so long as DataSpark commences such actions as are necessary to remedy such breach within such fifteen (15) day period and thereafter diligently pursues such actions to remedy such breach or default: i) terminate this Agreement; or ii) to pursue such other remedies, as you may be entitled to by virtue of or under this Agreement or at law or in equity.
22. THIRD-PARTY RIGHTS
This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns. You shall not assign this Agreement or any of your rights and obligations hereunder without the prior written consent of DataSpark, which shall not be unreasonably withheld. DataSpark may assign this Agreement and all of DataSpark’s rights and obligations hereunder to an affiliate or subsidiary or to the surviving entity in the case of a merger or sale of all or substantially all of the assets of DataSpark, provided however, that such assignment shall not relieve DataSpark of its obligations hereunder.
No amendment shall be binding on DataSpark unless provided in an instrument duly executed by an authorized officer of DataSpark.
24. WAIVER: GOOD FAITH
No failure on the part of DataSpark or you to exercise, or delay in exercising, any right, power or privilege, and no course of dealing with respect to any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege under this Agreement. The parties hereto shall act in good faith in the performance of their respective obligations under this Agreement and shall act as promptly as is reasonably practicable under the circumstances in granting or denying any consent or approval required hereunder.
25. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and DataSpark with respect to the subject matter hereof, and supersedes all prior negotiations, communications, understandings and agreements with respect thereto.
26. CONFLICT RESOLUTION
This Agreement and the relationship between you and us will be governed by the laws of Italy without regard to its conflict of law provisions. You agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the Italian jurisdiction. Any such arbitration, to the extent necessary, will be conducted in the city of Milan, Italy. You agree to submit to the exclusive jurisdiction of arbiters in this forum, and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible. You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Service: YOU AGREE TO ARBITRATION YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
All notices, approvals, proposals and other communications required or permitted to be given under this Agreement shall be delivered in writing either by personal delivery, e-mail or other similar telecommunications device, or mailed to the appropriate address as described below. Either party may change its address for service or specify a different contact person for purposes of this section by giving notice as provided hereunder. Notices to DataSpark must be sent to: firstname.lastname@example.org. Notices to Subscriber will be sent to the e-mail address provided by Subscriber during DataSpark’s sign-up process.
Any section, subsection or other subdivision of this Agreement or any provision of this Agreement which is, or becomes, illegal, invalid or unenforceable shall be severed here from and shall be ineffective to the extent of such illegality, invalidity or unenforceability and shall not affect or impair the remaining provisions of this Agreement.
29. FORZA MAGGIORE
In addition to the provisions of Sections 17 and 18, neither you nor DataSpark shall be liable for delay or failure in performance of any of the acts required by this Agreement when such delay or failure arises from circumstances beyond the reasonable control and without the gross negligence or willful misconduct of you or DataSpark, respectively. Such causes may include, without limitation, acts of God, acts of government in its sovereign or contractual capacity, acts of public enemy, acts of civil or military authority, war, riots, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failure or delays, labor disputes, strikes, or shortages, supply shortages, equipment failures, or software malfunctions. The time for performance of any act delayed by such events may be postponed for a period equal to the period of the delay.
The provisions of Sections 2, 3, 6, 7, 14, 16, 17, 18, 19, 24, 25, 26, 27, 28 and 29 shall survive the completion of performance or any termination of this Agreement.
31. CHANGE OF AGREEMENT TERMS BY DATASPARK
DataSpark reserves the right to change the terms of this Agreement, including the associated Subscriber fees, without notice to you.
32. DATE OF EFFECT
The effective date of this Agreement shall be the date of acceptance by you of this Agreement as evidence by you clicking the "Agree" button on the website, or the date you actually use the Service, whichever occurs first.
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DataSpark was created by QVΛN Technologies©, a leader in impact and sustainable investing technology solutions. Helping investors and financial institutions worldwide to evolve and become more resilient, sustainable and profitable. We work with Hitachi, world’s leader in digitalization and IoT, to create cutting-edge technologies and services to lead the shift towards digital and sustainable banking.