Terms

Pensavvi Terms of Use

Terms of Use (“Terms”)

Last updated: 28 March 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.pensavvi.com website and “Pensavvi” (the “Site”) operated by iAlpha AG “Us,” “We,” “iAlpha” or “the Company”). By accessing or using the Site, you (“You” or the “User”) signify that You have read, understand and agree to be bound by the Terms.

iAlpha AG and its affiliates have developed a service called “Pensavvi”, which is a website where investors share ideas, themes and market commentary with one another and grow their professional network (the “Service”).

Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to registered users of the platform and to all visitors who use the Service.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without prior notice. Whenever we modify our Terms, we will post the revised version on the Site and we will indicate at the top of this page the date these Terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you will not be provided access and please contact the editor@pensavvi.com.

Eligibility

Access to the Site is void where prohibited. By using the Site and/or accessing Pensavvi You confirm and represent that You are at least eighteen (18) years of age or older and You are a institutional/professional investor with the knowledge to evaluate the risks associated with investments in financial products and an understanding of the limitations of the Site and the User Content (as described below), or a compliance or legal professional employed by such professional investors. You will have access to information that is neither directed at, nor made available to, retail investors, and which is intended for professional investors only.

Site security

Access to the Site is given on a temporary basis, and We reserve the right to withdraw or amend the Service without notice and at our sole discretion. By using the Site, You agree to (a) provide accurate, current and complete information on any registration forms (“Registration Data”); (b) maintain the security of your username and password; (c) maintain and update the Registration Data to keep it accurate, current and complete; and (d) be fully responsible for all use of your account.

Proprietary rights over site content

Excluding User Content (see below), all content on the Site (including, but not limited to Company information and financial data (collectively, the “Site Content”) is the property of the Company, with all rights reserved by the Company. No Site Content may be copied, changed, distributed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission in each separate instance.

Provided that You are eligible to use the Site and subject to these Terms of Use, You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for your own use, provided that You keep all copyright or other proprietary notices intact. You may not upload or republish Site Content on any public or private site, and any other use of the Site Content is strictly prohibited. You specifically acknowledge that any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited. Such unauthorized use may also violate applicable laws including securities, copyright and trademark laws. Your license is revocable at any time without notice and with or without cause.

Trademarks

The name Pensavvi and any other iAlpha trademarks, service marks and logos of the Company (the “Company Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of the Company.

User Conduct

You are solely responsible for your conduct. You agree that no materials of any kind submitted through your account will infringe upon the rights of any third party, including trademark, copyright, privacy or other personal or proprietary rights, or contain libellous, defamatory or otherwise unlawful material.

You explicitly agree when using this Site that You will not submit any information that would violate any agreement including but not limited to any non-disclosure agreements, local regulatory regulations (e.g. FCA, SEC), and/or any other relevant laws, rules and regulations.

In addition, You agree not to use the Site to:

act in any unlawful manner, including in a manner that could be deemed to be illegally hyping or touting an investment, or manipulating securities,
employ any scheme, practice or artifice to defraud or deceive any person in any manner,
collect personal data from other users from the Site by electronic or other means for the purposes of sending spam emails, or any other unsolicited communications,
make any untrue statement relating to an investment or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading,
to share, post or otherwise make available any content that We deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise in any way objectionable,
register for more than one user account for yourself, register for a user account on behalf of an individual other than yourself or register for a user account on behalf of any group or entity,
falsely impersonate any person or entity, or otherwise misrepresent yourself in any capacity.

The Company is not responsible for monitoring communication between users. It is each user’s responsibility to make sure that any dialogue or communication initiated is not in violation of any securities laws, the policy of the user’s employer and/or any agreement to which the user is subject.

In the event that there is a dispute relating to the Site, Site Content or any User Content between You and another user, You shall notify the Company in writing of the dispute.

User Posting

You are solely responsible for all Market Commentary, Posts, Ideas and Sparks, as well any comments You (“User Content”) that You submit, post or display (hereinafter, “post”) on or through the Site. You agree that You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights. You understand and agree that the Company reserves the right, in its sole and absolute discretion, to reject, edit or remove any posting by You.

You are solely responsible for creating backup copies of any User Content You post or store on the Site. You agree that We will make copies of any User Content which You post as We deem necessary.

By posting User Content to any part of the Site, You automatically grant, without compensation to you, and You represent and warrant that You have the right to grant, to the Company a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, prepare derivative works of, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees.

Termination

We reserve the right to terminate your access to the Service immediately, without prior notice or liability, for any reason. If We terminate your access, your right to use the Service will immediately cease. You can terminate your access to the Service at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All relevant terms of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

Claims of Copyright or Intellectual Property Violation

The Company is committed to respecting the intellectual property rights of others and we expect our users to do the same. The Company may, in its sole discretion, terminate the accounts or access rights of users who violate others’ intellectual property rights.

If You believe that your material has been copied in a way that constitutes copyright violation, please provide the following information to the Company:

a description of the copyrighted work that you claim has been infringed,
a description of where the material that you claim is infringing is located on our website,
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law,
your address, telephone number, and email address so that we can contact you,
a signed statement by You, that the information in your notice to us is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.

You may deliver this information by sending an email to editor@pensavvi.com or by mail to:

External Links

The Site may contain links to third-party web sites (“External Sites”) or services that are not owned or controlled by the Company.

These links are provided for your information only, and do not amount to a recommendation or endorsement by Us of that third party or its website. Please note that We have no control over and have not verified the content of any third party websites. Accordingly, we are not liable for the content or availability (or lack of availability) of third party websites. You specifically acknowledge and agree that the Company 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 on or through any such web sites.

Compliance

You are responsible for compliance with laws, regulations and policies of your local jurisdiction. In particular, by posting User Content on the Site, you expressly warrant that You are not in possession of, and the information posted does not contain, material non-public information regarding any securities referenced in the relevant User Content.

Privacy

By using the Site, You are consenting to have your personal data transferred to and processed in the United Kingdom and Switzerland, or wherever the Company, our affiliates, subsidiaries and/or our respective directors, employees, agents, partners, suppliers, contractors and/or licensors (collectively, the “company parties”) are operating from. For more information, please refer to our Privacy Policy.

Disclaimers

The Company does not control and is not responsible or liable for any Content posted on the site, whether posted by users of the site, by Pensavvi and/or by third parties. The company is not responsible for the conduct of any user of the site. The Company assumes no responsibility for any interruption, omission error, deletion, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.

The company is not responsible for any technical failure or other issues of any internet and/or telecommunications network, computer systems, servers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the service and/or the site.

Under no circumstances will the company be responsible for any loss or damage, whether direct or indirect, including, but not limited to, lost profits, lost revenues, data loss, loss or damage to any user content, property damage, personal injury or death, resulting from anyone’s use of the site, any user content or content posted on or through the site or transmitted to users, or any interactions between users of the site, whether online or offline.

Neither the Company nor the Site is an investment adviser and neither the Company nor the Site is providing any investment advice.

Neither the Company nor the Site is a broker-dealer and neither is offering or recommending any investment products. No information contained herein constitutes an offering of any security, investment product, investment service or fund.

The Company reserves the right to change any and all content, software and other items used or contained in the Site, Site content, or offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by company.

Liability

General liability

All material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. In no event will the Company be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of revenue, business or data.

Solicitation or Advice

You specifically acknowledge that Market Commentary, Posts, Ideas and Sparks, as well as any comments under such posts, do not constitute investment recommendations or solicitations with respect to investment advisory services or products.

Reliance on Information and Investment Performance

You specifically acknowledge that the Site does not provide advice on which You should rely on. All content, including, all Market Commentary, Posts, Ideas and Sparks, as well any comments, is for general information purposes only, and you must consult specialist advice before relying on it.

You specifically acknowledge that neither the Company nor other Users will be held liable for losses or gains arising from any site content, except when a User’s behaviour constitutes fraud or wilful malfeasance.

You specifically acknowledge that any User may or may not have a trading position in any content described in their Market Commentary, Posts, Ideas and Sparks. Users may have established their position prior to posting on the site at a more favourable price, but are not under any obligation to update their posts if their position changes, regardless of how future positions are effected.