Terms of use

Updated: September 22, 2021

Kwanti, Inc. (“Kwanti”) is making available its website, software and services (collectively known as “Kwanti Analytics”) subject to these Terms of Use (“Agreement”). By using Kwanti Analytics, you agree to be legally bound by the terms set forth in this Agreement. Kwanti may modify this Agreement from time to time in which case it will post the amended Agreement on this site and notify you in writing of such amendment.  Continued use of Kwanti Analytics after a change to this Agreement or the services shall mean that you accept and agree to such changes.

License

The Kwanti Advisor license is for individual use only and may not be used to produce the outputs of Kwanti Analytics for other individuals or firms. This license shall be used solely and exclusively by the registered licensee and the login information shall not be shared with other individuals except an administrative assistant (provided the assistant’s usage is limited to portfolio data entry, and the assistant is not an analyst, CIO, strategist, and the assistant does not hold a securities registration or provide advice to clients). Upon excessive usage (measured as more than 300 accounts, or more than 50 PDF reports per month), Kwanti reserves the right to lock the account.

The Kwanti Publisher license may be used to produce outputs for multiple advisors. This license shall be used solely and exclusively by the registered licensee and the login information shall not be shared with other individuals. Upon excessive usage (measured as more than 2,000 accounts, or more than 150 PDF reports per month), Kwanti reserves the right to lock the account and offer that additional PDF credits be purchased.

Kwanti grants the registered licensee a personal, limited, non-transferable, non-exclusive license to use Kwanti Analytics for so long as the license remains in effect. “Use” herein means that the licensee may load, execute and display the Kwanti software. Licensee shall not copy, modify, disable any features, disassemble, decompile, reverse engineer, duplicate, sublicense, resell or otherwise transfer or manipulate Kwanti Analytics, or any part thereof, or the information contained therein. Licensee shall not use or attempt to use any “deep-link”, “scraper”, “robot”, “bot”, “spider” “data-mining” or any other automated program, tool, or methodology or manual process having similar processes or functionality, to access, acquire or copy any portion of Kwanti Analytics. Licensee may not copy the software onto any intranet or internal network.  Licensee shall not use the outputs of Kwanti Analytics in any advertisements, mailings or other marketing communications without the prior express written consent of Kwanti.

Licensee shall comply with all laws, regulations and rules applicable to it in connection with its disclosure and use of Kwanti Analytics.

Kwanti reserves the right to lock any account that it deems to be abusing this Agreement. This remedy is not Kwanti’s exclusive remedy for breach of this Agreement.

License Term and Termination

Under Kwanti’s monthly subscription plan, the license is automatically renewed monthly until cancelled by the licensee. Cancellation is effective at the end of the then current billing cycle. Upon cancellation, there is no refund for partial months.

Under Kwanti’s yearly subscription plan, the license is not automatically renewed. If the license is cancelled by licensee before the end of its term, there is no refund for the remaining months of the subscription, unless the cancellation is within the first 30 days of the grant of the license.  If the licensee cancels within the first 30 days of the grant of the license, the amount paid for the remaining months will be refunded less the cost of one month without discount.

Notwithstanding the foregoing, Kwanti may terminate, suspend or otherwise limit the license and/or licensee’s access to Kwanti Analytics at any time for any or no reason, with or without notice.  In such event, there will be no refund issued to licensee.

Account

Licensee is responsible for everything that occurs under licensee’s account. Licensee agrees to promptly notify Kwanti (at support@kwanti.com) of any suspected unauthorized use of the account, or any other suspected breach of security. Kwanti is not liable for any loss or damage relating to licensee’s account.

Disclaimer

Kwanti is not a registered investment advisor. The information and tools on this web site are for informational purposes only, and do not constitute advice for investment or trading. Licensee assumes full responsibility with respect to investment decisions. Kwanti and its employees shall have no liability with respect to licensee’s investment decisions.

Licensee understands and agree that, while the information contained in or accessed through the use of Kwanti Analytics (including through use of hyperlinks), or found on the Kwanti website, is obtained from sources which Kwanti considers reliable, neither Kwanti nor its third-party providers make any representation, warranty, covenant or guarantee as to its accuracy, completeness or timeliness.

LICENSEE UNDERSTANDS AND AGREES THAT KWANTI ANALYTICS (INCLUDING BETA VERSIONS) IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER KWANTI NOR ANY THIRD-PARTY SUPPLIER MAKES ANY WARRANTY, REPRESENTATION OR GUARANTY AS TO THE ACCESSIBILITY, COMMUNICATION LINKS, SEQUENCE, QUALITY, ACCURACY, TRUTH, TIMELINESS, OR COMPLETENESS, OF ANY MARKET INFORMATION OR OTHER INFORMATION OR DATA FURNISHED HEREUNDER OR THAT ANY SUCH INFORMATION OR DATA DISSEMINATED MAY BE RELIED UPON FOR INVESTMENT OR OTHER PURPOSES. WITHOUT LIMITING THE FOREGOING, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. LICENSEE ACKNOWLEDGES THAT IT IS THE RESPONSIBILITY OF LICENSEE TO VERIFY ANY INFORMATION UPON WHICH IT ELECTS TO USE WHEN TAKING ANY ACTION WITH FINANCIAL CONSEQUENCES. LICENSEE SHALL CONDUCT LICENSEE’S OWN INDEPENDENT RESEARCH AND DUE DILIGENCE THROUGH ITS OWN CUSTOMARY MARKET RESEARCH CHANNELS. NO EMPLOYEE, SALESPERSON, VENDOR OR OTHER AGENT OR PURPORTED AGENT OF KWANTI IS AUTHORIZED TO MAKE ANY WARRANTIES, REPRESENTATIONS OR GUARANTIES IN CONTRADICTION OF THE FOREGOING, AND LICENSEE AGREES NOT TO RELY ON ANY SUCH PURPORTED WARRANTIES, REPRESENTATIONS OR GUARANTIES.

Certain of the information contained on Kwanti Analytics: (1) is proprietary to Morningstar Inc. and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is not guarantee of future results.

Intellectual property

Kwanti Analytics including the content, tools, graphics and text on the Kwanti website is and shall at all times remain the sole and exclusive property of Kwanti and all worldwide intellectual property rights embodied in, related to, or represented by Kwanti Analytics are the property of Kwanti.

Loss Due to Extraordinary Events

Performance of any obligation hereunder by Kwanti shall be excused if prevented by acts of God, other third-party service providers, public enemy, fire or other casualty, labor dispute, communications, computer, software, hardware or equipment failure, act or omission of any market center, utility, communications service, common carrier, Internet or network access or backbone provider or information provider, pandemic, epidemic, or any other circumstances beyond Kwanti’s reasonable control.

Limitation of Liabilities

IN NO EVENT SHALL KWANTI OR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSEE’S USE OF THE SITE, CONTENT, AND/OR LICENSEE INFORMATION INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT KWANTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

Licensee shall indemnify and hold harmless Kwanti, its owners, officers, directors, employees, agents, affiliates, successors and assigns and any other third party suppliers from and against any and all third party (which includes without limitation a Licensee client and government or regulatory agency) demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including, without limitation, reasonable attorneys’ fees and the costs) directly or indirectly arising from or in any way connected with (i) licensee’s disclosure or use of or reliance on Kwanti Analytics, including any quotations, market information or other information or data supplied, (ii) any breach of or default under the terms or conditions of this Agreement by licensee, and (iii) any negligence or willful misconduct by or on behalf of licensee or its employees or agents.

Severability and Modification by Court

If any term or provision of this Agreement shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid or unenforceable, such judgment shall not affect, impair or invalidate the remainder of this Agreement, but shall be confined in its operation to the provisions of this Agreement directly involved in the controversy in which such judgment shall have been rendered. Notwithstanding the above, it is the intent and desire of the Parties that this Agreement and all of its terms be enforceable and in the event any provision as presently set forth is determined to be invalid by a court of competent jurisdiction, the Parties hereto agree that this Agreement shall be appropriately modified by the court.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. Licensee and Kwanti agree to submit to exclusive jurisdiction and venue in a state or federal court of competent jurisdiction in the State of California.

Cost of Legal Action

In the event of any legal action arising under this Agreement, the substantially prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees, incurred including costs and expenses incurred prior to commencement of legal action and incurred in any appeal from any action.

WAIVER OF JURY TRIAL

LICENSEE AND KWANTI HEREBY EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE BETWEEN THEM INCLUDING WITHOUT LIMITATION ANY DISPUTE ARISING OUT OF THIS AGREEMENT.