Introduction
SENTIFI AG (limited liability) (“Sentifi” or "Company" or "We") provide the following terms and conditions (“Terms of Use”), which govern access of every user (“you” or “your” or “user”) to and use of www.sentifi.com (the “website”) and the Sentifi and Sentifi Pro services, including (without limitation) all websites, mobile applications and other interactive properties through which such services are delivered (collectively, the "Service").
User may only use services offered by Sentifi within these Terms of Use and in accordance with the rules and regulations of any applicable laws, including laws concerning import and export of software and data in the European Union and other countries. The information and data available on the Sentifi Websites are only for information purposes. Sentifi does not provide investment consulting or investment brokerage on the Sentifi Websites. Information about the performance of various financial products in the past does not provide a guarantee for future performance of these products. The services provided by Sentifi are intended exclusively for persons of legal age.
Sentifi AG (“Sentifi”) assumes no responsibility for the material contained on this website and disclaims all liability arising from negligence or otherwise in respect to the material or arising from a user’s use of or inability to use the website, to the full extent permissible by law. If you are dissatisfied with this website your sole remedy is to discontinue use.
Sentifi reserves the right to revise and update the Terms of Use at its sole discretion. All changes are effective immediately when posted.
Sentifi reserves the right to withdraw or amend the website and any service or material provided on it, in its sole discretion without notice. Sentifi will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. Sentifi may, at any time, change its user interface or analysis algorithms without prior notice.
Access and User Accounts
Sentifi is an online-based web platform which can be accessed via a standard web browser where registered users can get an overview of online market information and sentiments on the financial market published in the financial crowd.
The Sentifi Websites offer registered users three options:
- a private, free version of Sentifi (hereinafter referred to as “Member”);
- a private, paid version of Sentifi (hereinafter referred to as “Standard License”); and
- a corporate, paid version of Sentifi (hereinafter referred to as “Key Account License”).
The Sentifi Websites offer registered users two options of a Paid Account:
- Standard License; and
- Key Account License.
User agrees to these Terms of Use when registering for any free or paid account.
To access the website or its features, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current and complete. Accounts registered by "bots" or other automated methods are not permitted under any circumstances. You may never use another's login account without permission, and may not permit anyone else to use your login account. You agree that all information provided is governed under Sentifi’s Privacy Policy, and you consent to all actions taken with respect to your information consistent with the Privacy Policy.
Each user is limited to registering one account.
Sentifi reserves the right to disable any user name, password, or other account aspect, at any time, in its sole discretion for any or no reason, and specifically if you have violated any provision of the Terms of Use. By use of the website, you hereby agree to only use the website for lawful purposes and in accordance with the Terms of Use. Sentifi reserves the right to regulate the content of the user contributions and restrict content that may be deemed offensive, defamatory, illegal, false, or obnoxious.
You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you keep your password secure. You agree to notify us immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.
Sentifi further reserves the right to disclose the identity or other information connected to user contributions at the request of law enforcement authorities or judicial order. YOU WAIVE AND HOLD HARMLESS SENTIFI AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SENTIFI OR ITS AFFILIATES DURING OR AS A RESULT OF ITS INVESTIGATIONS BY SENTIFI OR LAW ENFORCEMENT AUTHORITIES.
Terms Specific to Paid Accounts
Details about the applicable fees for the Paid Accounts are set forth on the Sentifi Websites under “Sign Up” and any sub-pages. The fees listed and terms of subscription are binding.
Payments for the entire term of Paid Accounts shall be due immediately upon invoicing.
Payment can be made using the various debiting procedures available, in particular with the credit cards accepted, or the available online payment system (Paypal). If Sentifi is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs.
Fees
We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. We currently charge subscription fees for the Sentifi Standard License service and Sentifi Key Account License service, although free accounts are provided qualified users at our discretion. Fee schedules for Sentifi Professional and Corporate customers are available at “Sign Up” and sub-pages. All fees are exclusive of all taxes, levies, duties or similar charges, and you will be responsible for all such charges, excluding only taxes based on our income.
You must have a valid credit card on file at all times in order to maintain any paying account. Fees are billed in advance on the monthly billing cycle described below and are non-refundable.
Monthly Subscriptions
The fees for your first month of service will be charged to your credit card on the day you sign up, and fees for each additional month will be charged on the monthly anniversary of your sign-up date.
In order to cancel a paid service, you should email us the cancellation request at contact@sentifi.com.
If you cancel a paid service in the middle of a monthly billing cycle, your cancellation will take effect immediately, and you will not be charged for the next month’s service. However, you will not receive any refund for the fees paid for the monthly billing cycle in which the cancellation occurs. All of the content in your account will be deleted upon cancellation, and you will not be able to recover this information after cancellation.
Annual Subscriptions
The fees for your first year of service will be charged to your credit card on the day you sign up, and fees for each additional year will be charged on the annual anniversary of your sign-up date. We do not provide refunds or credits for partial years of service, downgrades in service that occur in the middle of an annual billing cycle, or all or any portion of an annual billing cycles in which the service was unused but the account was open, or for any other reason.
In order to cancel a paid service, you should email us the cancellation request at contact@sentifi.com. If you cancel a paid service in the middle of an annual billing cycle, your cancellation will take effect immediately, and you will not be charged for the next year’s service. However, you will not receive any refund for the fees paid for the annual billing cycle in which the cancellation occurs. All of the content in your account will be deleted upon cancellation, and you will not be able to recover this information after cancellation.
Duration, Renewal and Cancellation of the Service Agreement
Paid Accounts shall run for the period selected by the user when purchasing the paid account. Cancelation of Paid Accounts is possible until one week before the account expires, after that subscription renews automatically for one month.
The User may deliver notice of termination using the contact form available on all Sentifi Websites. Furthermore, the User may deliver termination by sending a fax or letter. The termination notice shall include the username of the User and an email address of the User registered on the Sentifi Websites.
The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause.
For Sentifi, termination for good cause may occur when a continuation of the service agreement for its normal duration, under all and individual circumstances, appear not to in the interest of Sentifi. In particular, important reasons for terminating a service agreement are:
- the User provided inaccurate and incomplete data upon registration and
- the User repeatedly violated any other obligation regulated in the contract between Sentifi and continues the violation even after request through Sentifi.
Upon good cause and in accordance with these Terms of Use, Sentifi may:
- issue a warning to the User and
- block access to the User’s Sentifi account
In the following cases, reimbursement of payment for Sentifi is excluded:
- Sentifi terminates for good cause according to these Terms of Use;
- Sentifi block access to the User’s Sentifi account in accordance with these Terms of Use;
- Should the User terminate for good cause, reimbursement will occur subject to Sentifi approval.
Service Use Obligations and Restrictions
The user may not duplicate Sentifi services, copy them, trade them as secondary services, sell them, using them for commercial purposes or offer them in any other way unless Sentifi has explicitly agreed to otherwise in written form.
The User is prohibited from blocking, overwriting, modifying and copying of any contents of the Sentifi Websites, unless said actions are necessary for the proper use of the services on the Sentifi Websites. For example, the use of the “Robot/Crawler” search engine technology is not required for proper use of the services, and is therefore prohibited. The User is further prohibited from any action which is intended to harm the Sentifi infrastructure, in particular in way of straining the system’s capacity.
Any user contributions to the website are considered non-confidential and non-proprietary. By providing user contribution, you grant Sentifi and its respective licensees, successors and assigns, the right to use, modify, perform, display, distribute, and otherwise disclose all content to third parties any such material.
Intellectual Property
Sentifi, its licensors or other providers of material contained on this website, reserve all rights and ownership in the content, features, and functionality (including, but not limited to, information, software, text, displays, images, videos, audio, and the design, selection, and arrangement thereof), as protected under copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law in Switzerland, the United States and international treaty.
The Terms of Use permit you to use the website, and any content on it, for personal, non-commercial use only.
Sentifi and all related names, logos, product and service names, designs and slogans are trademarks of Sentifi or its affiliates or licensors. Use is not permitted without the prior written permission of Sentifi. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
User Submissions and Third Party Content
Content submitted by users for transmission through, or inclusion on, the Service is referred to in these Terms of Service as "User Submissions.". Whether or not such User Submissions are transmitted or published, they will be subject to these Terms of Use. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all Content included therein), including the right to authorize us to use the User Submissions in the manner contemplated by the Service and these Terms of Use.
By submitting the User Submissions to us for public display, you hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions that you publicly display through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Use.
We expressly disclaim any and all liability in connection with User Submissions. We reserve the right to remove Content and User Submissions without prior notice (or to refuse to transmit or publish any User Submission) for any reason, and to terminate or refuse a User's access to the Service for any reason.
The Service contains links to third party posts (such as “tweets”) and other third party websites that are not owned or controlled by us. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, "Third Party Content"). We 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 Third Party Content.
Links and Files
The website may contain links or information to other websites, which are provided for your convenience only. Sentifi accepts no responsibility for any links, their content, or your use of them. Access to linked websites is entirely at your own risk.
SENTIFI IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY HARMFUL MATERIAL COLLECTED THROUGH YOUR USE OF THE WEBSITE, LINKS, OR DOWNLOADS. USE OF THE WEBSITE IS AT YOUR OWN RISK. CONTENT AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ‘AS IS’, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED.
Changes to These Terms of Use
Sentifi reserves the right to amend these Terms of Use at any time, without giving reasons, unless an amendment is unacceptable to the User. Sentifi shall give due notice of any amendments of these Terms of Use to the User. If the User does not object to the applicability of the revised Terms of Use within two weeks after receipt of said notice, the amended Terms of Use shall be deemed to be accepted by the User. Sentifi shall inform the User about the User’s right to object and of the relevance of the objection deadline in said notice.
Risk Statement
Stock exchange transactions, particularly forward, future, and options trading imply risks which can lead to a total loss of your entire capital employed and other losses. You must seek professional and detailed advice from your bank about relevant loss risks before making your investment decisions.
The information and data available on the Sentifi Websites are only for information purposes. Sentifi does neither provide investment consulting or investment brokerage nor the call of buying or selling stocks, forwards, futures, or options on the Sentifi Websites. Despite extraordinary diligence Sentifi cannot take responsibility for the correctness, accurateness, or completeness of the information presented on the Sentifi Websites. Earnings realized in the past do not guarantee future earnings. We exclude liability for financial losses. Sentifi is not responsible for any loss arising from any investment based on a perceived recommendation.
Liability and Indemnification
Sentifi strives to deliver a stable availability and high quality of its services. Sentifi, however, does not assume liability for correctness, completeness, actuality, or accurateness of the services, information, prices, courses, indices, calculations, news, analysis, and general market data provided on the Sentifi Websites.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
SENTIFI AND ITS AFFILIATES WILL NOT BE LIABLE (WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY OR OTHERWISE), IN ANY EVENT, FOR ANY LOSS, DAMAGE, EXPENSE, LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF SENTIFI OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH (I) YOUR RELIANCE ON OR USE OR INABILITY TO USE THE CONTENT AND INFORMATION OF THIS WEBSITE OR ANY LINKED WEBSITE, (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE OF THIS WEBSITE OR ANY LINKED WEBSITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (VI) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
SENTIFI IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY HARMFUL MATERIAL COLLECTED THROUGH YOUR USE OF THE WEBSITE, LINKS, OR DOWNLOADS. USE OF THE WEBSITE IS AT YOUR OWN RISK. CONTENT AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ‘AS IS’, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED.
Dispute Resolution & Governing Law
All matters relating to the website are governed by Swiss law and any dispute or claim arising there from or related thereto shall be governed by and construed in accordance with the laws of Switzerland. Any questions or concerns regarding the use or disclosure of personal information should be directed to the Sentifi Office at the postal or email address given below. Sentifi will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between Sentifi and the complainant, Sentifi has agreed to participate in the dispute resolution procedures of the Data Protection Laws.
Waiver and Severability
No waiver of Sentifi of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If a court or other tribunal of competent jurisdiction deems any provision of the Terms to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue full force and effect.
Contact Information
Questions or comments should be submitted to Sentifi AG at:
Sentifi AG (limited liability)
Berg Egg 1,
CH-6376 Emmetten
Switzerland
contact@sentifi.com
