Thank you for your interest in using the online services operated by Quantphemes, Ltd. (“Quantphemes”) and offered through the website located at https://www.quantphemes.com (“Quantphemes Site”). Quantphemes’s algorithmic trading platform empowers retail traders with an all-in-one experience from strategy creation and back testing to cloud strategy hosting and live trading.
These terms of use (“terms”) contain the agreement between you and Quantphemes regarding your use of the Quantphemes’s algorithmic trading platform and the Quantphemes site (collectively, the “ Quantphemes services”) and your publication and distribution of content through the Quantphemes services. Please read these terms carefully before using the Quantphemes services. By using the Quantphemes services, you agree to read, understand and be leagally bound by these terms. If you do not accept these terms, you are not authorized to use the Quantphemes services. You agree that these terms incorporate and include Quantphemes’s privacy policy and that Quantphemes may use any information Quantphemes obtains about you in accordance with the provisions of that privacy policy. By accepting these terms, you represent that you are at least 18 years old.
Please read: these terms contain a mandatory arbitration agreement requiring any dispute between you and Quantphemes, subject to limited exceptions, to be resolved by final and binding arbitration on an individual basis and requiring you to forego jury trials, class or collective actions or proceedings, and all other types of court proceedings of any kind. Unless you opt out of the arbitration agreement by following the opt-out procedures in the “binding arbitration & class action waiver” section below, you will be bound by this arbitration agreement. By agreeing to these terms, you acknowledge that you understand and expressly agree to the mandatory arbitration agreement.
Quantphemes is committed to customer satisfaction, so in the event of dispute, claim, or controversy arising out of or relating to any part of these Terms, or the existence, breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), please contact us at Quantphemes, Ltd. Room 518, Hong Kong Science Park, Taipo, New Territory, Hong Kong. and we will try to resolve your concerns through informal negotiations within 60 days from the date of the notice of Dispute is received. If we are unsuccessful after 60 days, you may pursue claims as explained in this section.
Notice of Dispute: If any party intends to seek arbitration, the party seeking arbitration must first notify the other party of the Dispute in writing. The Notice should be sent to Quantphemes, Ltd. The Notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested.
Mandatory Binding Arbitration: By agreeing to these Terms, you agree that any Dispute shall be finally settled by binding individual arbitration in accordance with the rules and procedures the laws of Hong Kong, and not in a court of law in any jurisdiction, and not in a class, representative, or consolidated action or proceeding, as further set forth below. You and Quantphemes agree that one arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Judgment of the award rendered by the arbitrator may be confirmed, reduced to judgment, and entered in any court of competent jurisdiction as necessary to protect Quantphemes’ rights or its property or those of its agents, suppliers, and subcontractors.
Class Action Waiver: You acknowledge and agree that you and Quantphemes are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Quantphemes agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason, or that arbitration can be proceeded on a class basis, then the entirety of the Arbitration Agreement set forth in this Section will be deemed null and void, and you and Quantphemes will be deemed not to have agree to arbitrate disputes on a class basis. Notwithstanding your and Quantphemes’s agreement to resolve all Disputes through arbitration, you and Quantphemes each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Rules, Procedures, and Governing Law: The arbitration will be administered by the laws of Hong Kong under the Hong Kong Consumer Arbitration Rules and any supplementary rules then in effect (“Hong Kong Rules”), except as modified by these Terms. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent that such rules conflict with these Terms. Notwithstanding any choice of law or other provision in the Terms, you and Quantphemes agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce.
1. Your Account.
To access the Quantphemes Services, you will have to create a Quantphemes account. You may never use another person’s account without their permission. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account password, and you are solely responsible for all activities that occur through your account. You agree to immediately notify Quantphemes of any breach or unauthorized use of your account. Quantphemes reserves the right to require you to alter your password if Quantphemes believes that your password is no longer secure. You agree that you will be solely responsible for any loss or damage you suffer because of your failure to adequately safeguard your account information and may also be liable for the losses of Quantphemes or others due to such failure.
2. Not Investment Advice.
Quantphemes is a technology provider that provides you with information, software and automation tools for the purpose of investment education, but it does not make investment recommendations of securities, investment strategies or account types, either in general or individualized for you or any other subscriber. If you want to receive individualized investment advice, you should consult with your own financial adviser. Quantphemes also do not provide you with legal, tax or accounting advice. You agree that you understand that Quantphemes is not an investment adviser or a broker-dealer and does not have a fiduciary duty to you or a duty to act in your best interests. Quantphemes can help you back-test the historical performance of strategies that you create but it does not recommend strategies and reminds you that the historical performance of a strategy is not a reliable predictor of future results for that strategy. Quantphemes uses third-party information, for example about securities market data, that it reasonably believes to be reliable but it does not warrant that the information is complete, accurate, or up-to-date, and as further discussed below, Quantphemes does not provide any warranty of merchantability or warranty for a particular purpose for that third-party market data or other information. Investing involves risk, including risk of loss, and you should not use the Quantphemes technology in connection with investments unless you are able to and intend to evaluate the technology and the risks, and to make your own self-directed investment decisions.
3. Your Responsibilities and Restrictions.
As between you and Quantphemes, you are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Quantphemes Services and for paying all charges related thereto. You agree not to use the Quantphemes Services in any unauthorized way whatsoever, including for any illegal purpose or in a manner that would infringe or violate the rights of any other party, and that Quantphemes is not in any way responsible for any such use or exploitation by you.
You agree not to use the Quantphemes Services to: (i) transmit any content that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, illegal in any applicable jurisdiction, infringing of any party’s proprietary rights, or otherwise objectionable; (ii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iii) transmit any content or other material that contains adware, malware, spyware, 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; (iv) stalk, harass, or harm another individual; (v) interfere with or disrupt the Quantphemes Services or servers or networks connected to the Quantphemes Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Quantphemes Services.
You agree not to alter or modify any part of the Quantphemes Services or distribute in any medium any part of the Quantphemes Services (other than Your Content) without Quantphemes’s prior written authorization or the written authorization of the copyright owner of such Content, unless Quantphemes makes available the means for such distribution through functionality offered by the Quantphemes Services.
4. Personal, Non-Commercial Use Only.
You agree to use the Quantphemes Services only for your personal, non-commercial use.
5. Copyrights; Restrictions on Use.