Impressum
SimFin Analytics GmbH
Pfälzer Ufer 4
06108 Halle (Saale), Deutschland
MwSt.-Nummer: DE355369209
Registergericht: Amtsgericht Stendal HRB 31589
Vetreten durch: Thomas Flassbeck
E-Mail: info@simfin.com
Telefon: +49 345 960 044 30
Terms of Service
General
SimFin provides information about companies, people, investors and the activities that connect them. The SimFin Dataset (the “Dataset”) is a structured set of data, text, and media files that include information about companies, people, investors and the activities that connect them. The SimFin Platform (the “Platform”) provides access to the Dataset through the SimFin website (the “Site”), mobile applications, API, data exports and widgets. The SimFin Platform and SimFin Dataset (together, the “Service”) is operated by SimFin Analytics GmbH, (hereinafter referred to as “SimFin”). The user is referred as to as “You”. If the user is an individual, You means such individual. If the user is a corporation, partnership or other entity (“Corporate Entity”), You refers to such Corporate Entity and the individual represents and warrants that the individual has the authority to bind the Corporate Entity. By accessing or using the Service, You acknowledge that You have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”), whether or not You have a registered account for the Service. We reserve the right, at any time, to add to, change, update, or modify these Terms of Service, simply by posting such change, update, or modification on the Site and without any other notice to You. Any such change, update, or modification will be effective immediately upon posting on the Site. It is Your responsibility to review these Terms of Service from time to time to ensure that You continue to agree with all of its terms. Please read these Terms of Service carefully as they contain important information regarding Your legal rights, remedies and obligations. These Terms of Service establish the rights that SimFin and others in the user community will have in and to any content that You contribute to the SimFin Dataset.
For market data provided by IEX, the following terms apply: https://iextrading.com/api-exhibit-a/
Eligibility
Use of the Service is void where prohibited. This Service is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Service by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. By accessing or using the Service, You represent and warrant that You are 13 or older, and that You agree to and to abide by all of the terms and conditions of this Agreement.
Contributions to SimFin
If You create or modify any content on SimFin, You agree to (a) provide accurate, and current information; (b) maintain the security of Your password and identification if You have one; (c) be fully responsible for all use of Your account and for any actions that take place using Your account. By contributing or posting any content on the Service (including making updates to existing content on the SimFin Dataset or adding new content to the SimFin Dataset) (“Your Content”), You grant SimFin and our assigns, agents, and licensees the non-exclusive, irrevocable, royalty free, perpetual, worldwide license, with the right to sublicense through multiple tiers of sub-licensees, to use, reproduce, modify, display, perform, and distribute Your Content in any medium and through any form of technology whether now in existence or which comes into existence in the future. The term "Your Content" also includes any combination of indicators, rules, and conditions serving as filters, as well as portfolios, visualizations, backtest graphs, portfolio titles, and descriptions. You should not upload any content in which You do not have sufficient rights to grant this license to SimFin. SimFin owns all rights, title, and interests in intellectual property rights in any contributions by its employees, any derivative works developed by SimFin and the compilations and collective works in the SimFin Dataset, including those works incorporating Your Content (but not rights to Your Content by itself). The SimFin Dataset benefits from content, including media files, submitted by anonymous users, registered users, partners, and the SimFin staff. This information may be inaccurate and / or out-of- date. SimFin assumes no responsibility regarding the accuracy of the information in the Service. Use of such information is at Your own risk. SimFin shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content from the Service. SimFin has no responsibility or liability for the deletion or failure to store or display any content that is contributed to the SimFin Dataset. The SimFin Dataset may be changed, updated, or deleted without notice for any reason at SimFin’s sole discretion.
Use of SimFin Dataset
A subset of the SimFin Dataset specifically defined in this section as the “SimFin Open Dataset” may be used by commercial or non-commercial users, with reasonable attribution to SimFin and without the need for a separate commercial license. The SimFin Open Dataset is comprised of the following fields:
SimFin Profile Name
SimFin Profile URL
SimFin Portfolio URL
SimFin Company ID
Logo Image
Headquarters
Profile Investor Relations URL
Including the SimFin Profile URL as part of the usage will generally be sufficient as reasonable attribution for the SimFin Open Dataset. The SimFin Open Dataset is updated on a regular basis and is available for download from the SimFin website. SimFin prohibits the use of scraping technology to obtain the SimFin Open Dataset.
Non-Commercial Use of the SimFin Dataset
If You display or distribute all or part of the SimFin Dataset (hereafter also referred to as the “Content”), You are required to provide attribution that is plainly visible to all users of the Content. Attribution gives everyone in the community the opportunity to correct errors and keep the Content up to date. Our recommended attribution guidelines, for usage other than the usage of the SimFin Open Data Map Fields set forth above, are described below. Ultimately, You have the responsibility to ensure You are in full compliance with the license terms whenever You use or reuse the Content.
Attribution
Attribution must clearly state that the Content is sourced from the SimFin Dataset and link to the webpage of the source material on the Site. If you have any questions concerning attribution, feel free to contact us by e-mailing info@simfin.com. You may also consult the Creative Commons Attribution-NonCommercial Legal Code.
Commercial Use of the SimFin Dataset
We encourage others to incorporate all or part of the SimFin Dataset into commercial applications, but to protect the investment in the SimFin Dataset and safeguard the integrity of the SimFin Dataset, SimFin requires a separate license for commercial use (except for use of the SimFin Open Data Map Fields set forth above, which may be used without a commercial license). Commercial is defined by the Creative Commons Attribution-NonCommercial License [CC-BY-NC] as a use in any manner that is primarily intended for or directed towards commercial advantage or monetary compensation.
SimFin is committed to helping people build on the SimFin Dataset, and being flexible in working with companies of all shapes and sizes. For more details contact us or take a look at the commercial licenses page.
Accessing the SimFin Platform
SimFin may provide a number of different ways for You to access portions of the Service. These may include, but are not necessarily limited to, copying Content directly from the Site, receiving an export data file or other form of data dump directly from SimFin or by using the SimFin API thereby enabling You to build applications on top of the SimFin Platform. You agree to utilize the SimFin Platform, including the SimFin API, in accordance with these Terms of Service and as outlined in the further documentation provided by us on the Site. For purposes of these Terms of Service, receipt of Content from the Platform by any means constitutes use of the Site and Service. Because SimFin wishes to protect the integrity of the SimFin Dataset for the entire user community, SimFin does not allow You to use crawlers, spiders or other scraping technology to electronically cull data from the Site and Service. Any collection of any Content using these methods is a violation of these Terms of Service. For clarification, authorized use of the SimFin API is permitted. SimFin will utilize commercially reasonable efforts to provide the SimFin Platform on a 24/7 basis but it shall not be responsible for any disruption, regardless of length. Furthermore, SimFin shall not be liable for losses or damages You may incur due to any errors or omissions in any Content or due to Your inability to access the SimFin Dataset due to disruption of the SimFin Platform. SimFin reserves the right in its sole discretion (for any reason or for no reason) and at any time without notice to You to change, suspend or discontinue the availability of the Services. If You choose to utilize the SimFin API or other SimFin Platform tools that provide ongoing access to the SimFin Dataset in a manner enabling the building of applications on top of the SimFin Platform, SimFin reserves the right in its sole discretion (for any reason or for no reason) and at any time without notice to You to suspend Your access to the SimFin Dataset in the future or terminate Your rights under these Terms of Service to access, use and/or display the SimFin API and/or such other SimFin Platform tools.
Elements of the Service
The graphical layout and schema of the Site, and all other elements of the Site, software applications, Content and the Service not described above are owned by SimFin or its licensors, and may not be reproduced without permission.
User Conduct
You represent, warrant and agree that no contributions of any kind submitted to the Site for the SimFin Dataset or otherwise posted, transmitted, or shared by You on or through the Site or Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, You agree not to:
harvest or collect email addresses or other contact information of other users from the Site or Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Site or Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Service;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site or Service any private information such as Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another’s account, service or system without authorization from SimFin, or create a false identity on the Site or Service.
upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose SimFin or its users to any harm or liability of any type.
post anything that exploits children or minors or that depicts cruelty to animals. To ensure the best experience for all members of our user community, You should also consult our Content Guidelines, posted at https://simfin.com.
Paid Subscription, Renewal, Cancellations and Refund
Paid Subscriptions can be purchased online from SimFin by paying a fee that is either monthly or yearly billable. After you subscribed to a Paid Subscription (BASIC or PRO) you immediately get access to the package-related features. Your Paid Subscription will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your login before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the FREE Package provided by SimFin. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not pay back any amount for the residual period. If you should not be happy with a monthly payable BASIC or PRO package, you can request a refund of the paid fee. Your refund request will be accepted if your written complaint arrives within 14 days after the initial subscription date and the package is already cancelled. There is no refund for limited trial subscriptions or BASIC and PRO packages that were subscribed on a yearly basis.
SimFin may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the SimFin Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the SimFin Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
Term and Termination
The Agreements will continue to apply to you until terminated by either you or SimFin. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. SimFin may terminate the Agreements or suspend your access to the SimFin Service at any time, including in the event of your actual or suspected unauthorised use of the SimFin Service and/or Content (this includes the collection of SimFin points through entering wrong/nonsensical data and then using the SimFin points to acquire a subscription), or non-compliance with the Agreements. If you or SimFin terminate the Agreements, or if SimFin suspends your access to the SimFin Service, you agree that SimFin shall have no liability or responsibility to you and SimFin will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your SimFin account, please contact us through info@simfin.com . This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Copyright Infringement
SimFin has in place certain legally mandated procedures regarding allegations of copyright infringement (as well as other intellectual property rights) occurring on the Site. SimFin has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of SimFin or of a third party, or otherwise violated any intellectual property laws of SimFin or a third party. The SimFin policy is to investigate any allegations of infringements of third party rights brought to SimFin’s attention. If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want SimFin to delete, edit, or disable the material in question, You must provide SimFin with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the right claimed to have been infringed, or, if multiple rights are covered by a single notification, a representative list of the relevant parts of the Service; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit SimFin to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the owner of rights, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to SimFin’s designated agent at:
SimFin Analytics GmbH
Pfälzer Ufer 4, 06108 Halle (Saale), Germany
info@simfin.com
Links to Third Party Sites
The Site contains (or You may be sent through the Site) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties on such websites (the “Third Party Site Content”). SimFin does not control or monitor such Third Party Sites or Third Party Site Content, and SimFin is not responsible for any Third Party Sites or Third Party Site Content accessed through the Site or Service. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Site Content does not imply approval or endorsement thereof by SimFin. If You decide to leave the Site or Service and access the Third Party Sites, You do so at Your own risk and You should be aware that Site Terms of Service and other SimFin policies no longer govern.
Proprietary Rights
This Site and Service are protected by copyright, trademark, and other laws of both the Federal Republic of Germany and foreign countries. Except as expressly permitted in these Terms of Service, You may not reproduce, modify or prepare derivative works based on, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use this Site or the Service, or any portion thereof.
Relationship of the Parties
You and SimFin are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on SimFin’s behalf.
Termination
SimFin may terminate Your account, delete Your SimFin entry and any of Your Content and/or prohibit You from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice.
Privacy Policy
SimFin respects Your privacy. A complete statement of SimFin’s current privacy policy can be found at: https://simfin.com/legal-advice/. SimFin’s privacy policy is expressly incorporated into this Agreement by this reference.
Disclaimer
SIMFIN HEREBY DISCLAIMS ALL WARRANTIES. SIMFIN IS MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SIMFIN DOES NOT WARRANT THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation on Liability
SIMFIN’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIMFIN OR ITS DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SIMFIN. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Indemnity
You agree to indemnify, defend, and hold harmless SimFin, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Site or Service (including the Content), Your violation of these Terms of Service, or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any third party or SimFin. SimFin will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
Governing Law
These Terms of Service shall be construed in accordance with and governed by the laws of the Federal Republic of Germany, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the Federal Republic of Germany in all disputes arising out of or related to the use of the Site or Service.
Severability; Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Change of Control
In the event of a change of control of SimFin or the sale of substantially all of SimFin’s assets, all rights of SimFin hereunder shall be transferable without notifying You.
Entire Agreement
These Terms of Service constitute the entire agreement between You and SimFin regarding the use of the Site and Service, superseding any prior agreements between You and SimFin relating to Your use of the Site and Service.