Financial Networks Analytics (FNA) Terms of Service

1. General

These terms of service ("Terms of Service") govern your use of Financial Networks Analytics Software and web sites made available by Financial Network Analytics Limited incorporated and registered in England and Wales with company number 08679188 whose registered office is at 4-8 Crown Place, EC2A 4BT, London, United Kingdom (hereinafter referred to as "FNA") (collectively hereinafter referred to as "Service").

By accessing the Service and/or using it and / or clicking an "accept" button or a logical equivalent, You accept and undertake to be bound by these Terms of Service. If You do not accept these Terms of Service, do not proceed with the registration and do no access and/ or use the Service. If you accept these Terms of Service as an employee or director or otherwise on behalf of another legal entity, You represent and warrant that You have the right to do so and to legally bind such other person.

FNA is entitled to amend these Terms of Service. FNA will notify You of any changes. Your continued use of the Service after such notice shall be deemed an acceptance of any changes.

If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves to the extent possible the original purpose and commercial goal of the invalid provision.

2. Access to the Service

Subject to Your acceptance of and compliance with these Terms of Service, FNA grants You solely for the term of this agreement a personal, limited, non-exclusive, non-transferable, revocable right to use the Software and Service for purposes agreed between You and FNA. Except as specifically allowed in this agreement, You are not entitled to use, copy, store, modify, transfer, distribute or otherwise make publicly available your account, the Service, a part thereof or the material contained therein in any way.

You promise that the information You provide or provided in connection with registration to, and use of the Services (for example Your name, age and all contact information) is true and accurate. The use of the Service requires a username and a personal password or other user identification method approved by FNA (hereinafter referred to as "User Id").

You must keep the password required for the use of the Service secret and not disclose it to anyone else. You may not assign or transfer Your User Id to a third party and you may not allow a third party use the Service with Your User ID. If a third party has obtained Your password or You have a reason to believe that a third party has obtained Your password, You must immediately inform FNA. You are responsible for actions taken by using Your User Id until You have informed FNA of the loss of Your User ID and FNA has had a reasonable time to prevent the use of the Service with the User ID.

FNA reserves the right to terminate your access to the Service without prior notice if You violate these Terms of Service or if you abuse the Service or load the Service to an unusual extent. FNA is entitled to prevent access to the Service if it has reason to believe that you are engaged in illegal activity or compromise other users' or FNA's data security or privacy or if FNA receives a notice that Your password has gotten into the hands of a third party.

No devices or connections necessary for the use of the Service are provided under these Terms of Service. You are responsible for purchasing, maintaining and updating such devices and connections (including data security) and for any costs related thereto.

3. Intellectual Property and Right to Material

FNA (or its licensors) shall own all rights, title and interest in and to the Service as well as any software and material in or provided through the Service, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights (hereinafter referred to as "Intellectual Property Rights). You shall not receive any ownership rights by using the Service or for example by downloading material from or submitting material to the Service.

FNA and its partners shall have the right (but no obligation) to use any material, data, feedback, ideas or any other information provided by You to, through or for the Service (including any numerical data) for the purposes of developing and performing the Service. You represent and warrant that you will not to upload or submit any material or data to the Service in violation of any contracts or of any confidentiality obligations or unless You have ensured that FNA's above-mentioned use of such material and/ or data will not violate or infringe any rights of a third party.

4. Pricing, invoicing and terms of payment

The prices in force from time to time are specified in connection with the Service.

5. Use of the Service

You agree not to use the Service in a manner or otherwise submit any material, that a) violate any Intellectual Property Rights, privacy, publicity or any other rights of others; or b) would be obscene, offensive, indecent, discriminatory, abusive, defamatory or illegal, or violate good manner.

You shall also use the Service in a manner that does not cause harm to FNA, other users or third parties. If FNA receives a notice claiming that You have submitted afore described material, FNA is entitled to remove such material or prevent its use without notice.

You shall also acknowledge the use of the software in all publications and presentations where any results acquired through the use of the Software are presented.

The Service may contain links to sites, which are owned or operated by third parties. FNA shall not be responsible for the content or for products or services offered by third parties. You are also aware that the individual applications, software and other material contained in or made available via the Service may include supplementary terms and conditions.

6. Provision of the Service

FNA has the right to provide the Service as it deems appropriate including the right to amend the Service. If such changes necessitate changes in Your devices, you shall make such changes at Your own expense. FNA aims to notify You of any substantial changes that materially affect the use of the Service a reasonable time in advance.

FNA may suspend the Service where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. FNA aims to ensure that the suspension is as short as possible. FNA has the right to terminate the Service at its sole discretion. FNA aims to notify a reasonable time in advance about any suspensions or termination of the Service.

7. Liabilities and limitations of liability

The Service is provided on an "AS-IS" basis without warranties of any kind. You shall be responsible for ensuring that the Service fulfills Your intended purpose. FNA specifically excludes any liabilities and warranty for a particular purpose.FNA does not warrant that the Service will function without interruptions or error-free. FNA shall not be liable for the correctness, exhaustiveness or reliability of the information or other material presented on the Service nor for the content or other features of the products or services offered on or conveyed through the Service. FNA shall not be liable for the content in the opinion or discussion forums or any other information exchange media on or connected with the Service.

FNA shall not be liable for direct or indirect damages caused by a possible delay, a change or a loss of a service, product or material transferred through the Service. FNA is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, FNA disclaims any liability for direct or indirect damages caused to You by harmful programs (virus, worms etc.) or incorrect content in the Service. FNA bears no liability for damages caused by You or by a third party.

FNA's maximum liability for direct damages caused to You or Your property is at all times limited to the to the amount paid by You for the use of Service or part of it during the one-month period immediately preceding the event that gave reasons for the claim. FNA is never liable for any indirect or unforeseeable damages caused to You at any given circumstances.

You shall be liable and agree to indemnify FNA and third parties for and against all damages, which are caused by unlawful behavior or breach of these Terms of Service.

8. Term of Agreement

The term of this agreement is as selected by you from the available license alternatives in connection with your registration to the Service or in case such selection has not been made, 90 days from your registration and acceptance of these Terms of Service. You may renew this agreement for successive terms by paying the applicable price for the successive term before the termination of the then current term.

FNA shall have the right to terminate or suspend the Service immediately, if You have failed to make a payment when due or if You violate these Terms of Service.

When the agreement terminates or when the Service is suspended or terminated, FNA shall not return to You any payments for the Service, except in FNA's sole discretion.

9. Notices

A notice related to this agreement shall be sent to FNA's address first mentioned above. FNA may send a notice related to this agreement by posting it on the Service or by email or SMS using the contact information provided by You or otherwise in writing.

10. Applicable law and settlement of disputes

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. However, the Supplier may enforce the Customer's obligation of confidence in the courts of any jurisdiction having competence to issue an injunction directly enforceable against the Customer.