Edgefolio Marketplace is hosted at edgefolio.com. In return for the data provided by you as part of registration ("Registration Data") and any payment for Basic, Premium, or Pro Plans, we shall provide a login for Edgefolio Marketplace to each member of your staff who requests one. You will be deemed to have accepted this agreement where any of your staff use their login to access Edgefolio Marketplace.
We may amend the terms of this agreement by giving 7 days' written notice to you. Each amendment will be deemed binding (even where not supported by further consideration) where any of your staff subsequently use their login to access Edgefolio Marketplace. Our right to amend in this manner does not apply to the notice periods for terminating the Premium and Pro plans nor to the notice periods for changing the fees or functionality of the Premium and Pro plans.
Your Data: Your data is the Registration Data and any of your other data which you upload to Edgefolio Marketplace. Your data remains your property, and you shall keep your data up to date. We may use your data to run and improve Edgefolio Marketplace, and to identify and develop similar services.
Qualified Investors: This section on 'Qualified Investors' only applies if you are a hedge fund manager or other similar service provider. We may make your data available to other users of Edgefolio Marketplace and to users of any similar services provided by us. But we shall not market Edgefolio Marketplace or any similar service to investors nor otherwise make your data available to investors unless we believe them to be permitted to invest in alternative collective investment schemes under applicable financial services legislation (such investors being called 'qualified investors', 'accredited investors', 'investment professionals', 'high net worth individuals' and similar terms under financial services legislation).
Access: You may access and use Edgefolio Marketplace in the manner permitted by its ordinary operation. You may also include limited excerpts of information obtained from Edgefolio Marketplace in reports and presentations to your clients or prospective clients.
Logins: You shall keep all logins secure, and shall notify us immediately where they become known to anyone else.
We may terminate a login without notice, where we reasonably believe that it has been compromised or is not being used in compliance with this agreement.
We may also suspend every login issued to your staff where we reasonably believe that you have breached any term of this agreement. We may continue any suspension until the breach has been remedied to our satisfaction.
You agree that Edgefolio may identify you as a recipient of services and use your logo in sales presentations, marketing material, and press releases. Should you wish to opt out, please let us know by writing to us.
Regulatory Compliance: So far as we are aware, Edgefolio Marketplace can be used in compliance with your regulatory obligations. But you acknowledge that you remain responsible for your regulatory compliance (including in choosing to use Edgefolio Marketplace).
No Investment Advice: You acknowledge that Edgefolio Marketplace provides information, but not investment advice.
AIFMD: Nothing on Edgefolio Marketplace is to be construed as an offering or an invitation to make an offer to subscribe for a particular investment.
Accuracy: You acknowledge that the dynamic data (green dot) and the static data (grey dot) on Edgefolio Marketplace are provided by third parties, and that we are not responsible for the accuracy of this data.
Availability: We shall use reasonable endeavours to keep Edgefolio Marketplace available to you. But you acknowledge that you are not relying on Edgefolio Marketplace to be available at all times nor at any particular times.
Data Storage: Although you may store data on Edgefolio Marketplace for your convenience, you acknowledge your responsibility for retaining a backup copy of this data on your own systems. We may impose a data storage limit by giving you 7 days' notice of this limit.
Viruses and Malware: You acknowledge your responsibility to maintain appropriate technical and organisation measures to protect your IT systems against the risk of viruses or malware from external websites (including Edgefolio Marketplace).
Implied Terms: All implied terms (whether conditions, warranties or otherwise) are excluded from this agreement to the fullest extent permitted by law.
Entire Agreement: You acknowledge that, in entering into this agreement, you are not relying on any prior statement made by us or our representatives.
Morningstar Disclaimer: In respect of the static data (grey dot) but without prejudice to the 'Access' section above, you agree to the following disclaimer from Morningstar Norge AS: "All Rights Reserved. The information, data, analyses and opinions ("Information") contained herein: (1) include the confidential information and proprietary information of Morningstar; (2) may not be copied or redistributed; (3) do not constitute investment advice; (4) are provided solely for informational purposes; (5) are not warranted to be complete, accurate or timely; and (6) may be drawn from fund data published on various dates. Morningstar is not responsible for any trading decisions, damages or other losses related to the Information or its use. Please verify all of the Information before using it and don't make any investment decisions except upon the advice of a professional financial adviser. Past performance is no guarantee of future results. The value and income derived from investments may go down as well as up."
Indemnity: You shall indemnify us for all liabilities which we incur (including reasonable legal costs) whereour use or storage of your data in accordance with this agreement infringes the rights of anyone else or breaches applicable law.
Limitation of Liability: The damages payable by us in connection with this agreement (including for breach of this agreement or a duty of care, or for misrepresentation) exclude:
damages arising from any investment decision made by you;
damages arising from any loss of your data;
damages for loss of your goodwill or reputation;
damages for your liability to anyone else;
damages for loss incurred as a result of your special circumstances (even if those circumstances were known to us).
Where you have paid for a Premium or Pro Plan, the damages payable by us in connection with this agreement are limited to an aggregate total of your first six monthly payments to us (or, where your first payment was a discounted annual payment, then 50% of that first discounted annual payment). This limit applies irrespective of the number of claims and whether the individual claims are for breach of this agreement or a duty of care, or for a misrepresentation.
Premium and Pro Plans: The Premium and Pro plans have the additional functionality specified on our website. Where we accept your request for a Premium or Pro plan, we shall provide you with a free trial for one month. Unless we receive notice of your termination of the plan before the end of the free trial, you shall pay the applicable monthly fee at the start of each subsequent monthly period.
Changes to Premium and Pro Plans: The monthly fee for the Premium plan will be the fee specified on our website at the start of your free trial. The monthly fee for the Pro plan will be the fee agreed in writing between us. We may subsequently increase or lower the fees for these plans by giving you 3 months' written notice. The new fee will then take effect at the start of the first monthly period after the expiry of our written notice.
We may add to the functionality of your Premium or Pro plan by giving written notice to you. We may also remove functionality from your Premium or Pro plan by giving you no less than 3 months' written notice. The change to the available functionality will take effect on the date specified in our notice.
Termination of Premium and Pro Plans: You may terminate your Premium or Pro plan by giving us 28 days' written notice, and we may terminate your plan by giving you 3 months' written notice. The termination of your plan will take effect at the end of the monthly period in which the written notice expires. Termination of your plan by you will result in your plan becoming a Free plan and this agreement remaining in force. Termination of your plan by us will result in termination of this agreement.
Discounted Annual Fees: Where you have paid a discounted annual fee for a Premium or Pro plan and you terminate your plan one or more months before the end of the annual period, we will recalculate the amount due for the used monthly periods on the basis of our standard fees for the plan. If your annual fee exceeds the amount payable for the used monthly periods under this recalculation, then we shall reimburse to you the remaining amount. If the amount payable for the used monthly periods under this recalculation exceeds your annual fee, then you shall pay us the balancing payment for the used monthly periods.
Where you have paid a discounted annual fee for a Premium or Pro plan and we terminate your plan one or more months before the end of the annual period, we shall reimburse you for the unused monthly periods on a pro rata basis.
Termination of Basic Plans: We may terminate your Basic Plan at any time by giving 7 days' written notice, and you may terminate your Basic Plan in the same manner. This agreement will terminate upon termination of your Basic Plan (other than where you are upgrading to a Premium or Pro plan).
Effect of Termination: Upon termination of this agreement, we may immediately terminate every login issued to your staff. Our right to use your data survives the termination of this agreement, unless you have deleted this data from Edgefolio Marketplace before termination.
Assignment: Any assignment of this agreement (including any rights or obligations under this agreement) will be void, unless made with the written consent of the other party.
Applicable Law: The laws of England apply to this agreement. The courts of England have exclusive jurisdiction to settle any dispute or claim which arises in connection with this agreement.