End User License Agreement (EULA)


INTRODUCTION

This End User License Agreement (EULA) is between QuantFinSoft, Inc. (hereinafter “QFS”, “our”, "us" or “we”) and you. You will need to agree with this EULA to proceed with the placing orders for QFS Products.

By agreeing to this EULA you also agree to the ‘Terms of Use’, ‘Privacy Policy’, 'Risk Disclosure Statement' and ‘Sales Tax Policy’.

Terms of Use is available at: https://www.quantfinsoft.com/TermsOfUse.aspx

Privacy Policy is available at: https://www.quantfinsoft.com/PrivacyPolicy.aspx

Sales Tax Policy is available at: https://www.quantfinsoft.com/SalesTaxPolicy.aspx

Risk Disclosure Statement is available at: https://www.quantfinsoft.com/RiskDisclosure.aspx

This EULA covers QFS Software, QFS Website and the information, resources, services, products, and tools we provide for you, either directly or indirectly, either paid or free (hereafter referred to as “Resources”).

If you order QFS software for use by an organization, including, but not limited to managers, members, officers, directors, employees and agents, or in any other capacity you allow anyone to use the software you order, you hereby agree to have any such user read and agree to this EULA before allowing said user to use the software and you further agree to take legal responsibility for their actions.

This agreement takes effect when you subscribe to QFS products and is active until all product subscriptions are terminated or until the date you are entitled to use QFS Products, whichever is later.

If at any time you are unable to abide by the terms of this EULA you must immediately cease to use QFS software and cancel any and all subscriptions.

NOTICE OF UPDATES TO THIS EULA

QFS has the right to change this EULA, “Terms of Use”, “Privacy Policy”, "Risk Disclosure Statement" and “Sales Tax Policy” at any time without notice. QFS will make reasonable effort, but you agree QFS shall not have a duty, to notify you of changes in this EULA, “Terms of Use”, “Privacy Policy”, "Risk Disclosure Statement" or the “Sales Tax Policy”.

However, customers with active subscriptions may require notice to review and agree to such changes. For customer with active subscriptions only, QFS will make reasonable effort to email subscribers and provide them with at least 2 weeks grace period after the new document is in effect, to agree to the changes in the new document(s). Notices are sent to the current email address on the account (Please keep your email address on QFS account up to date and make sure QFS emails are not flagged as spam).

QFS may require an explicit consent by you to the changes (such as when the changes are deemed significant by QFS). If an explicit consent is required and you are unable to agree to the changes by the grace period after expiration date, and no alternate arrangements have been made (such as obtaining any riders or extensions from QFS) QFS may suspend access to QFS products or terminate the subscription. If you do not explicitly agree to the new document(s) and continue to use QFS products and services, you implicity agree to the new document(s) in force.

When explicit consent to the changes is *not* required, your continued subscription to QFS products on or after the effective date of the changes implies your acceptance of the changes.

SUBSCRIPTION TERMS

All communications with QFS and on QFS Website, blogs, forums, etc.:

  • Language used is English and English only.
  • All numbers (such as payments, amounts etc.) are in US English format (Ex: comma is a separator for increments of thousands and dot is a decimal separator).
  • Currencies are specified in their 3 letter code (Ex: USD).
  • Dates and Times are in US Format (Ex: mm/dd/yyyy). Time is in universal co-ordinated time (UTC) unless otherwise specified.

Within QFS software:

  • All messages and text in QFS Software is in English and English only.
  • Your regional formats may be supported (but are not guaranteed) for dates, times, currencies, decimal separators etc.

You must be at least 18 years or older (or otherwise NOT be considered a MINOR in your region) to subscribe to QFS Software.

QFS Software is leased as a subscription - QFS Software is NOT sold. This means that QFS Software remains the property of QFS. You get the right to run/execute that software on allowed no. of devices for the time you have the subscription active. At the time the subscription is cancelled, suspended or otherwise rendered inactive, you will lose the right to run/execute that software on those devices and QFS will block the software from running on those devices.

You agree not to resell, transfer or otherwise change ownership of the subscriptions to anyone else.

QFS reserves the right to restrict/block software access in case of non-payment or if the terms of this EULA are breached.

Software subscriptions may be cancelled automatically if you fail to make a timely payment. In these cases you may have to subscribe again to QFS products and the same prices may or may not be available when you subscribe again.

QFS reserves the right to change existing subscription prices to:

  • Reflect an increase or decrease in pricing of QFS products
  • Include or exclude sales taxes to be collected by QFS. Please review the Sales Tax Policy for more information.

Any disputes whether arising under this EULA, the “Terms of Use”, “Privacy Policy”, "Risk Disclosure Statement" or “Sales Tax Policy”, which the parties cannot resolve between themselves using good faith shall be referred to a court certified mediator of the Circuit Court in the County of the principal office of QFS in Delaware, and any mediation shall be held in the County of the principal office of QFS in Delaware. The parties shall share equally in the cost of said mediation. In the event that said dispute is not resolved in mediation, the parties agree the sole remedy shall be in the county court of QFS’ principal office in Delaware.

CONSENT TO ELECTRONIC RECORDS

QFS provides you with notices, disclosures, information, and other materials in electronic form (collectively "Electronic Records"), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act. By using QFS services, products, website or other resources you consent to receive Electronic Records for all notices, disclosures, documents, records or other materials of any kind that QFS may be required to provide to you.

You agree to keep your email address current in order to receive these Electronic Records. You can change your email address in QFS website under account management page (accessible by clicking your login name, or this URL: https://quantfinsoft.com/Account/Manage ).

You may wish to print these Electronic Records and keep them for your records. If you have any issues printing, downloading, or accessing these Electronic Records, you may contact us by email or mail at the address provided in Contact page ( https://quantfinsoft.com/Contact ).

You may withdraw your consent to received Electronic Records by writing to us at the address on Contact page. However, QFS services, products, website or other resources are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated and access to QFS products, services or Resources may be terminated.

TERMINATION OF SUBSCRIPTION & REFUNDS

You can cancel your subscriptions at any time.
You payment for only the current period will be refunded in full if you cancel within the refund period. Refund period is displayed on QFS website on the product description page and under 'My Orders' section of the Client Portal.
After the refund period, no refunds will be made, but you can continue to use QFS Software until the paid up to date.

You agree that we may, at our sole discretion, suspend or terminate your subscription to QFS Software and access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this EULA. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use QFS Software and/or the Resources we provide will cease immediately or on the paid up to date (if no refunds are made by QFS for the unused period), and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

DATA IN QFS SOFTWARE

Data from Yahoo or other data sources downloaded by QFS products is for demonstration of models only. QFS does not vouch for the accuracy of the data nor the availability of data from these sources. QFS recommends you to use your own data provider for more accurate and reliable data.

SUPPORT FOR QFS SOFTWARE

  • Online video tutorials, documentation - both online and in the QFS Software are the primary means of product support.
  • All product updates, support materials are available for active subscribers only.
  • Phone support is *not* available at this time
  • Unlimited email support is offered in the first payment period and up to two email support incidents in subsequent payment periods (Some QFS products may offer more support options. Please check product pages or contact QFS for more information). Please note that unused support incidents do not carry over from previous periods.

DISCLAIMERS ON FINANCIAL RISKS AND LOSSES

QFS Products and services are not intended for everyone

QFS products and services are intended for experienced traders and/or investors who are also comfortable using computers and software with very minimal support/help. Review QFS products, services and support materials to see if you can understand and use with little support. Cancel the subscription if you are unable to use the products. Full refunds will be made for subscription payments that are cancelled within the refund period for the most recent payment. Refund period will be displayed in product description pages.

QFS is not responsible for financial losses

You are solely responsible for any financial trading or investment losses/gains you incur as a result of using QFS Software and related resources and tools. If you share any information with others and they incur financial losses for acting on the results of QFS software, related resources or tools, QFS is not responsible for these losses. Anyone using QFS Software (either directly or indirectly) to make investment/trading decisions does so at their sole discretion.

You can lose significant amount of money trading and/or investing

Trading/Investing is risky. Short positions and Futures and other leveraged instruments can be more dangerous and you can lose more than your account value. If you choose to use QFS Software and other QFS resources to invest/trade either with leveraged or non-leveraged instruments, you agree that you understand these risks and consequences.

No investment/trading advice is provided with any QFS software and other Resources (like website, blogs, forums, email etc.)

While QFS software and Resources may use stocks, options and other instruments to demonstrate the working of the software or which instruments are better suited for the models, these should not be construed as investment/trading advice. You are solely responsible for deciding which financial securities or instruments to use.

No fitness for purpose is promised with QFS software and/or Resources

QFS Software and/or Resources are intended to be research and educational tools, but we do not guarantee that they will serve those needs or any other. We hope to provide you with financial models but do not guarantee that it will be useful for any purpose. You use it at your sole discretion.

Backtesting and other hypothetical testing/analyses are not indicative of actual results

QFS Software may use backtesting and other time series analyses to indicate potential profit and losses that could be incurred. Please be aware that there are significant differences between actual trading and backtesting and you may not realize the profitability of any backtested models. QFS Software should be treated ONLY as educational and research tool. Any backtesting results should be treated as output of such hypothetical cases with the knowledge that actual trading/investing is more likely to be significantly different.

QuantFinSoft, Inc. has little or no experience in trading actual accounts.

QuantFinSoft, Inc. is a software development company. We have *not* traded/invested actual money with these models and may or may not do so in the future.

Potential adverse positions

QuantFinSoft, Inc. and its employees, subsidiaries or partners may or may not own shares of, or may have shorted, securities that are mentioned in QFS Software and Resources (like blogs, training videos, website, email etc.)

Indemnification

You agree to indemnify QFS, its directors, employees, affiliates, its parent and subsidiaries against any lawsuits from third parties and anyone who indirectly uses QFS Software product and its results

Risk Disclosure Statement

Please review risk disclosures in the Risk Disclosure Statement

LIMITATION OF WARRANTIES

By using our website and products, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

i. the use of our Resources will meet your needs or requirements.

ii. the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii. the information obtained by using our Resources will be accurate or reliable, and

iv. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v. While QFS takes reasonable precautions to make sure that QFS software products and website are free of viruses and malware, any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. QFS recommends you scan any downloaded files with a good and current anti-virus software and use good and current internet security software while browsing the QFS website.

vi. No information or advice, whether expressed, implied, oral or written, obtained by you from QuantFinSoft, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this EULA, "Terms of Use", "Privacy Policy", "Risk Disclosure Statement" and "Sales Tax Policy".

LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. QuantFinSoft, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our websites, products and/or Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

GOVERNING LAW

QFS is incorporated in Delaware. QFS Software and Resources can be accessed by most countries around the world. As each country has laws that may differ from those of Delaware, by accessing our website, you agree that the statutes and laws of Delaware, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce EULA, "Terms of Use", "Privacy Policy", "Risk Disclosure Statement", "Sales Tax Policy" shall be brought in the federal or state courts located in Delaware, USA. Through your continued use of the QFS website you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

EXPORT RESTRICTIONS

QFS website, products and Resources are not available in any country/region or to any persons/entities which are under export restrictions by the United States. This includes the Embargoed Countries list and Prohibited end user/end use cases described by the US Department of Commerce and maintained on their websites.

Therefore, by using QFS website or Resources and/or purchasing/subscribing to any products, you are representing you are not in these lists. QFS may immediately terminate or otherwise make inactive any subscriptions that it comes to know of is in violation of such export restrictions.

ENFORCEABILITY

If any clause is not enforceable, then QFS Software is not available for subscription in that region. It is YOUR responsibility to check with laws applicable, including, but not limited to obtaining a legal opinion as to you, your anticipated use of the QFS Software and this EULA.

SEVERABILITY

If any provision of this EULA is held invalid, unenforceable, or void by a court of competent jurisdiction, this EULA shall be considered divisible as to such provision, and the remainder of the EULA shall be valid and binding as though such provision were not included in this EULA.

EFFECTIVE DATE: October 11th, 2016

Version: 1.1.0



Click here to see what changed from previous version(s)

Changes from version 1.0.0 to version 1.1.0

Included Risk Disclosure Statement and updated various sections to include Risk Disclosure Statement.

Included Consent to Electronic Records.

Updated Governing Law.

Updated Subscription Terms.

Changed Notice of updates to EULA.