These Terms and Conditions were last updated on June 25th, 2023.
1. Introduction
These Terms and Conditions ("Terms") govern your use of the QuantCheck Labs website, tools, research, and any related services provided by QuantCheck Labs LLC ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services. QuantCheck Labs LLC ("QuantCheck", "QuantCheck Labs", "we", "us", or "our") is a research publishing firm that provides data, analysis, and opinions on various financial topics. We are not registered with any financial regulatory agencies, and we do not provide personalized financial advice. Our Services are intended for informational purposes only and should not be considered as a recommendation or advice for specific investment decisions. You are responsible for conducting your own research and consulting with a financial advisor before making any investment decisions.
2. Limitation of Liability
To the maximum extent permitted by law, QuantCheck Labs, its founder, management team, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
3. Intellectual Property Rights
All content, including but not limited to, text, graphics, logos, images, data, and software, provided by QuantCheck Labs is the property of QuantCheck Labs or its content suppliers and protected by international copyright laws. You agree not to reproduce, copy, distribute, or create derivative works based on the content provided by our Services without prior written authorization from QuantCheck Labs.
4. Third-Party Links
Our Services may contain links to third-party websites or services that are not owned or controlled by QuantCheck Labs. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that QuantCheck Labs 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.
5. Changes to Terms and Conditions
We reserve the right to modify or replace these Terms at any time. Any changes will be posted on our website, and we may take other reasonable steps to communicate changes to you. Your continued use of our Services after the effective date of any changes to the Terms constitutes your acceptance of those changes.
6. Indemnification
You agree to defend, indemnify, and hold harmless QuantCheck Labs, its founder, management team, employees, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of our Services, b) any violation by you of these Terms, c) your infringement of any intellectual property or other rights of any third party, or d) any misuse of the Services or any illegal or harmful activities conducted by you.
7. Severability
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The remaining provisions shall continue in full force and effect.
8. Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of QuantCheck Labs to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
9. Entire Agreement
These Terms, together with any additional terms or policies incorporated by reference, constitute the entire agreement between you and QuantCheck Labs regarding your use of our Services and supersede any prior agreements, whether oral or written, relating to the same subject matter.
10. Contact Information
If you have any questions or concerns about these Terms, please contact us at hello@quantchecklabs.com. We will make every effort to address your concerns promptly and courteously.
11. Compliance with Laws
You agree to comply with all applicable local, state, national, and international laws, regulations, and rules in connection with your use of our Services.
12. Force Majeure
QuantCheck Labs shall not be held liable for any failure or delay in the performance of its Services or any part thereof due to any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, equipment failures, natural disasters, or any other events of a similar nature.
13. Assignment
You may not assign or transfer your rights and obligations under these Terms without our prior written consent. QuantCheck Labs may assign its rights and obligations under these Terms without restriction.
14. Headings
The headings in these Terms are for convenience only and shall not affect the interpretation or construction of any provision.
15. No Agency
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms between you and QuantCheck Labs.
16. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions. Any dispute arising from or relating to the use of our Services, these Terms, or any related matters shall be subject to the exclusive jurisdiction of the courts of Delaware.
17. Arbitration and Dispute Resolution
In the event of a dispute, the parties shall first attempt to resolve the matter amicably through negotiation or mediation. If a resolution cannot be reached, any controversy, claim, or dispute arising out of or relating to these Terms, the Services provided by QuantCheck Labs LLC, or any related matters, shall be settled by binding arbitration administered by a recognized arbitration institution in Delaware. The arbitration shall be conducted in accordance with the rules of the selected arbitration institution. The arbitrator's decision shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in English.
18. Disclaimer of Warranty
QuantCheck Labs provides the Services on an "as is" basis without any warranties or guarantees of any kind. We do not guarantee the accuracy, completeness, or reliability of the information provided. You acknowledge that any reliance on the Services is at your own risk.
19. Termination and Suspension
QuantCheck Labs reserves the right to terminate or suspend your account or access to the Services at any time, with or without cause, and without prior notice. In case of termination or suspension, your rights to access and use the Services will cease immediately. QuantCheck Labs shall not be liable for any damages or losses arising from the termination or suspension of your account or access to the Services.
20. Data Privacy and Security
QuantCheck Labs is committed to protecting your privacy and ensuring the security of your data. We collect and process your personal information in accordance with applicable data protection laws. Please refer to our Privacy Policy for more information on how we collect, use, store, and protect your data.
21. Limitations on Services
The Services provided by QuantCheck Labs are for informational purposes only and should not be considered as personalized financial advice. We do not guarantee the accuracy, timeliness, or completeness of the information provided. You are solely responsible for conducting your own research and consulting with a financial advisor before making any investment decisions.
22. Notices
Any notices or communications required or permitted to be given under these Terms shall be in writing and sent to the contact information provided by the parties. QuantCheck Labs may also provide notices or communications through email or by posting on the website.
23. Reservation of Rights
QuantCheck Labs reserves all rights not expressly granted in these Terms. We may modify or discontinue the Services, update or revise the Terms and Conditions, or take necessary actions to protect our intellectual property rights or enforce compliance with these Terms.
24. Dispute Resolution
In the event of a dispute, the parties shall first attempt to resolve the matter amicably through negotiation or mediation. If a resolution cannot be reached, any controversy, claim, or dispute shall be settled by binding arbitration in accordance with the arbitration clause mentioned in Section 17 above.
25. Survival
Sections 2, 3, 6, 11, 15, 16, 17, 18, 20, 21, 23, 26, 27, 29, 30, and 31 shall survive any termination or expiration of these Terms.
26. Confidentiality of Email Communications
Any email communications received from QuantCheck Labs, including but not limited to correspondence, reports, or any other information, are considered confidential. You agree to keep such communications confidential and not to disclose, distribute, or reproduce them without the prior written consent of QuantCheck Labs, except as required by applicable laws or regulations.
27. Confidentiality of Product Usage
You agree to maintain the confidentiality of the product and its contents provided by QuantCheck Labs. You shall not share, disclose, or distribute the product or any information derived from it to any third party without the prior written consent of QuantCheck Labs, except as required by applicable laws or regulations. You acknowledge that unauthorized disclosure or misuse of the product may cause irreparable harm to QuantCheck Labs. In the event of any unauthorized disclosure or misuse, you agree to indemnify and hold QuantCheck Labs harmless from any damages or losses, including but not limited to financial, reputational, or legal, resulting from such unauthorized disclosure or misuse. QuantCheck Labs reserves the right to pursue any appropriate legal remedies or actions in the event of such unauthorized disclosure or misuse.
28. Modification of the Product
QuantCheck Labs reserves the right to modify, update, or change the product at any time, including but not limited to adding new models, upgrading versions of the models, or deleting and changing the models entirely. These modifications may occur without prior notice to users. QuantCheck Labs shall not be liable for any damages or losses arising from such modifications to the product. By continuing to use the Services, you acknowledge and agree that QuantCheck Labs has the right to make such modifications and that your continued use constitutes acceptance of any modifications made.
29. Trading Decisions and User Responsibility
Users acknowledge and agree that any information, including trading signals, data, analysis, opinions, or other content provided by QuantCheck Labs through its Services, including its website, is for informational purposes only and should not be considered personalized financial advice. QuantCheck Labs cannot guarantee the accuracy, completeness, or reliability of the information provided.
Users understand that trading involves risks and that they are solely responsible for their trading decisions, whether based on signals from the model or any other information provided by QuantCheck Labs. Users acknowledge that there is a possibility of financial loss when trading, and any losses incurred are their own responsibility.
QuantCheck Labs, its founder, management team, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, financial losses, resulting from the user's trading decisions based on any information or content provided by QuantCheck Labs, regardless of its accuracy or source.
30. Payment Terms
Our Services are provided under a subscription model, with terms, rates, and billing periods specified at the point of purchase. Once billed, subscriptions cannot be canceled or refunded for the currently active billing period, but you can cancel your subscription at any time to prevent it from renewing for the next billing period. All charges are non-refundable and there are no refunds or credits for partially used periods. Please note that prices and billing periods are subject to change with prior notice.
31. Disclosure of Interest
QuantCheck Labs, its owners, employees, or agents, may hold positions in the securities, commodities, or other financial instruments mentioned on our Services, or which we may discuss or provide analysis on. We are not obligated to disclose such positions and may change these positions at any time.
32. Modification of Subscription Packages and Pricing Plans
QuantCheck Labs reserves the right to modify, suspend, or discontinue any subscription package or pricing plan at any time, with or without notice. This includes changes to pricing, features, or the availability of certain packages. Any changes will be effective from the next billing cycle after the changes have been made. By continuing to use the Services after these changes have been made, you acknowledge and agree to the changes. If you do not agree with any changes, your only remedy is to discontinue using the Services and cancel your subscription in accordance with the cancellation policy outlined in Section 30. QuantCheck Labs shall not be liable for any damages or losses arising from such modifications to subscription packages or pricing plans.
33. User Conduct
By using our Services, you agree to use the information provided responsibly and ethically. You shall not use the Services for any illegal or unauthorized purposes. You are prohibited from using the Services to engage in any form of harassment, discrimination, or disrespectful conduct towards others. You must not manipulate, exploit, or misuse any information, tools, or features provided by our Services. Any form of violation of these conduct guidelines may lead to consequences, including but not limited to, account suspension, termination, or legal actions. Please report any violations or suspected misconduct to us at hello@quantchecklabs.com.