InvestiQuant User License Agreement

This End User License Agreement (EULA) is a legal agreement between you, a single end-user (Licensee), and InvestiQuant, Inc. (Company). By accepting this agreement and licensing a product from the Company, you agree to be bound by the terms herein. Use of any Company algorithmic strategies (Program) and their trade execution details (Signals) or the Discover research application (Application) without payment, or outside the terms of this License Agreement, is a violation of U.S. Copyright laws. (“Trade Signals” include all related trade execution order details and information transmitted through the brokerage to the Licensee account, before and after execution, including all statements.). The Program, Trade Signals and Application are protected by the copyright laws of the U.S. and other countries, and the Company retains all intellectual property rights.

iQ AUTOTRADING (Program and Trade Signals)

The LICENSEE agrees that the InvestiQuant Program and Trade Signals are for the exclusive benefit of a single (1), non-commercial, LICENSEE trading account. The LICENSEE agrees not to copy, mimic, share, mirror, de-compile, reverse engineer, lend, lease, rent, sublicense, archive, or create derivative works, of the Trade Signals and any of its execution details to include, but not limited to, the existence (or prior existence) of an order, market traded, date traded, entry and exit details (order type, direction, time, and exit technique), in any way, to anyone, for any reason whatsoever. Allowing a brokerage or 3rd party to do any of these activities with the Trade Signals or LICENSEE’s trading account, for the benefit of other trading accounts, owned or traded by the LICENSEE or any 3rd party, is strictly prohibited.

In order for the Trade Signals to function properly, LICENSEE understands that iQ Autotrading Programs can only be enabled and executed in brokerage accounts or sub-accounts that are enabled with "read only" or "view only" functionality. Trading in the same account by the LICENSEE is not allowed and any attempt to do so will result in immediate, non-refundable removal of the Licensee's account from the execution broker's trade allocation.

In return for securing one or more of the Company's limited-capacity, proprietary Programs for at least one year, LICENSEE agrees to pre-pay via credit card or account debit, or to terms as mutually agreed. The Company agrees to deliver Signals electronically to a company-approved broker for execution in the LICENSEE's broker-approved account once the LICENSEE has signed a Letter of Direction agreement with the broker. If subscribing via a "pay with profits" license, LICENSEE understands and authorizes the Broker to immediately debit their account the full license fee as soon as the account earns that amount in net profits. The Pay with Profits license auto-renews with an annual account debit license at the start of the 2nd year. All licenses auto-renew after 12 months unless otherwise stated or LICENSEE cancels prior to renewal date. 

LICENSEE further understands and agrees the LICENSEE is solely responsible for monitoring and managing their account equity and that neither the Company, nor the Broker, can or will monitor the LICENSEE’s account balance. Failure to maintain a sufficient account balance may result in missed Signals and profits. LICENSEE understands and acknowledges that delivery of the Program's Trade Signals to their account may be disabled with 2 business days notice by emailing their broker, with their full name and account number, and an email copy to [email protected].

iQ DISCOVER (Application)

For subscribers of the iQ Discover application, Company grants the LICENSEE a license to use the Discover Research Application on the Licensee’s personally-controlled computer(s) and devices. Information from the research application is strictly for personal use only. Distribution or sharing of the application’s functionality to others by any means is a violation of these terms. Use of the Application may NOT be shared with, or transferred to, or any party other than the original purchaser, unless otherwise expressly agreed to in writing by InvestiQuant, Inc. Please inquire at [email protected] for multi-seat license pricing and terms. 

Company retains ownership of all Application code. The LICENSEE may not de-compile, reverse engineer, lend, lease, rent, or sublicense the application code, data or any derivative works, accept as expressly noted in this agreement. API access is prohibited without written permission. LICENSEE may use the Application to create derivative works (e.g. research, edges or strategies) that can be saved or downloaded for use by the LICENSEE. The Company agrees not to access or use client’s derivative works for any reason whatsoever except as required for the operation and maintenance of the Application. 

MAINTENANCE AND SUBSCRIPTION RENEWALS

By accepting this agreement, LICENSEE understands and agrees that the Company at its sole discretion may in the course of your subscription, make changes to the Program, Trade Signals and Application including but not limited to the addition, removal or modification of the autotrading Program, Trade Signals, or Application functionality, and may include new versions and releases at the Company's sole discretion.  LICENSEE also understands and agrees that the Company may change pricing, including new subscription and renewal amounts. 

LIMITED WARRANTY AND LIABILITY

COMPANY’S PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO AUTOTRADING PROGRAMS, STRATEGIES, ALERTS, SIGNALS, DATA, PLATFORM, AND APPLICATION SOFTWARE ARE PROVIDED “AS-IS”’ AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL INVESTIQUANT, ITS OFFICERS AND OR SUBSIDIARIES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL FINANCIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF COMPANY PRODUCTS AND SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LICENSEE AFFIRMS THAT INVESTIQUANT IS NOT RESPONSIBLE FOR ANY TRADING OR INVESTMENT LOSSES SUSTAINED BY LICENSEE ARISING OUT OF OR AS A RESULT OF LICENSEE’S USE OF INVESTIQUANT’S PRODUCTS OR SERVICES.

LICENSEE ACKNOWLEDGES AND AGREES THAT THE TECHNOLOGY IS SOLD ON AN “AS IS” BASIS AND THAT THE RISK CONCERNING THE QUALITY AND PERFORMANCE OF THE TECHNOLOGY AND TECHNOLOGY RESULTS IS ASSUMED BY LICENSEE.

LICENSEE agrees that the exclusive remedy under the above limited warranty shall be a cancellation of this Agreement and that all license fees are non-refundable.

InvestiQuant does not warrant that the use of its products or services in live trading will identify, and create or result in trading profits or satisfy or help LICENSEE achieve its trading or investment goals. InvestiQuant does not warrant that the Company products and services can be utilized to execute trades, either manually or automatically, or that LICENSEE's ability to use it will be uninterrupted, error or risk free. InvestiQuant does not guarantee the accuracy nor validity of the historical data used in the creation of Company Products and Services and therefore cannot guarantee the accuracy, relevance, usability or reliability of the resultant Company Product and Services.  LICENSEE acknowledges and agrees that the trading performance results achieved are a result of the use of a Company Product and Service, all trading strategies directly or indirectly utilizing Company software and data, and executed by or on behalf of the LICENSEE are solely the responsibility of, and at the exclusive risk of, the LICENSEE.

LICENSEE agrees to indemnify, defend and hold harmless Licensor, its affiliates, and all officers, directors, employees, agents and representatives of Licensor and any affiliate, and any other person involved in the creation, production, or licensing of the Company's Products and Services, from and against all claims, causes of action, losses, damages, including any direct or indirect expenses, lost profits, lost savings, or other incidental or consequential damages, suits, judgments, and settlements made by LICENSEE or other LICENSEEs, and liability of any kind, including all expenses of litigation, court costs, and attorney’s fees caused by,airing out of or related, directly or indirectly to LICENSEE's use of the Company's Products and Services.

The Application is designed and provided for educational purposes only. The Company does not warrant that the Application will identify and create derivative works (e.g. trading strategies) that are profitable in live trading or that meet the Licensee’s criteria. The Company does not warrant that the Application can be utilized to execute trades, either manually or systematically, or that the Licensee’s ability to use it will be uninterrupted or error-free. Although the Company strives for perfection, it can not guarantee the accuracy or validity of the data and algorithms used in, or generated by, the application. LICENSEE acknowledges and agrees that all derivative works created directly or indirectly by utilizing the Application and executed by or on behalf of the LICENSEE are solely the responsibility of, and at the exclusive risk of, the LICENSEE. LICENSEE also acknowledges that InvestiQuant, Inc. is not responsible in any manner whatsoever for subsequent modifications or enhancements made to the Application or data by the LICENSEE. 

InvestiQuant, Inc.’s only warranty as related to the Application is that it operates upon initial installation within the platform and system requirements as generally stated on its website and marketing materials at the time of purchase. 

NON-REGISTRATION DISCLOSURE

InvestiQuant, Inc. is a financial technology and software development company and serves clients as a 3rd party signal developer. The Company does not provide financial advice and is exempt from registration as a Commodity Trading Advisor. Trading signals are available to clients directly for their individual use (via the Discover application), or execution may be facilitated by a Letter of Direction with a registered introducing broker. Automated trading signals are not trading advice and are not tailored or customized for individual clients and are not suitable for all investors. Company does not have access to, control, manage or exercise discretionary trading authority over individual client’s accounts. LICENSEE understands and acknowledges that they may direct the broker to stop trading their account at any time prior to license renewal and with 24-48 hours (2 business days) email notice, with their full name and account number, and a copy to [email protected].

U.S. GOVERNMENT REQUIRED DISCLAIMER: 

Futures, options, and spot currency trading have large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This application and any related website is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those demonstrated by the application or discussed on any website. The past performance of any trading system or methodology is not necessarily indicative of future results. 

CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

TESTIMONIALS ARE FROM SELECT CUSTOMERS WHO WERE NOT PAID OR COMPENSATED FOR THEIR STATEMENTS. THEIR EXPERIENCES MAY NOT BE TYPICAL OF WHAT YOU CAN EXPECT AND HAVE NOT BEEN VERIFIED. PERFORMANCE FOLLOWING THEIR TESTIMONIAL MAY HAVE BEEN UNPROFITABLE.

GENERAL PROVISIONS

This agreement will be governed by the laws of the State of North Carolina. If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect.  This EULA represents the entire agreement between LICENSEE and InvestiQuant, Inc. 

LICENSEE acknowledges that this agreement is updated from time to time and bears the responsibility of reviewing and abiding by its terms and conditions listed here: https://www.investiquant.com/terms-conditions.