Terms and Conditions
Pro Account Terms of Service Agreement
This Terms of Service Agreement (“Agreement”) is entered into effective as of the date of acceptance of this Agreement by clicking “I accept” by and between you, the Licensee (“you”) and the Licensor Fygen Operations GmbH (haftungsbeschränkt), (“Fygen”). The terms and conditions listed below govern the use of the online services (“Online Services”) and data, information and materials available therein (“Data”) provided by Fygen. By clicking the “I agree” button, you are agreeing to be bound by the terms and conditions of this agreement.
Article I: Definitions
“Authorized User” means “You” and “Licensee” if you are a private person or if you are an employee of the company or organization which you stated under “billing address”.
“Fygen Platform” means the current combination of the Licensor’s Database categories of information.
“Intellectual Property Rights” means all copyrights, trademark rights, trade secrets, know-how, and patents, whether arising under the common law, state law, German federal law or foreign law.
“Licensee’s Data” means compilation or collection of data owned or collected by Licensee which is inputted into the Fygen Platform (the “Fygen Information”).
Article II: Grant and Restrictions on Use
2.1. The Licensor grants to the Licensee, under the Licensor’s Intellectual Property Rights, the limited, non-exclusive, non-transferable right in to access and utilize the Fygen Platform, and to the extent permitted herein, use and provide the information derived from the Fygen Platform.
2.2. Limitation of Grant. Licensee may not, nor allow its employees to redistribute, sublicense, disseminate, publish, display, prepare derivative works based on, change, modify, alter or distribute in any form to any third party any of the Fygen Information, in any manner without the prior written consent of Licensor. Licensee receives no ownership rights hereunder.
2.3. Restricted Access. The Licensee (1) shall not provide access to the Fygen Platform to any person who is not an “Authorized User“; and (2) may not offer or deliver (and shall not permit any third party to offer or deliver) the Fygen Platform or any Fygen Information to persons or entities which are in the business of providing (i) data or access to databases to financial services companies, (ii) customer relationship management software or (iii) other tools, databases or services which could reasonably be considered competitive with the Fygen Platform.
2.4. Under no circumstances may any Authorized User offer, sell, retransmit any part of the Online Services or Data to any other person for commercial resale or commercial redistribution in any medium or use the Online Services or the Materials to compete with the business of Fygen. You may not modify, reverse engineer, reverse assemble or reverse compile any part of the Online Services or Materials. You may not use the Online Services in any way to improve the quality of any data sold or contributed by you to any third party. Downloading and storing Materials in an archival database, decompiling, disassembling or reverse engineering the Materials is strictly prohibited.
Article III: Updating, Certain Security Matters
3.1. Authorized Users are required to provide truthful and accurate information during registration, including, but not limited to, correct shipping and payment information, correct contact information (e-mail, telephone, etc.), confirmation of payment arrangements, confirmation of the Authorized User’s acceptance this Agreement. Authorized Users are required to notify Fygen of any relevant changes made to the information contained in this Section.
3.2. Reasonable Security Measures. The Licensee shall be responsible for any breaches by its Authorized Users or other persons who gain unauthorized access to the Fygen Platform through the Licensee and Licensee shall take reasonable steps to prevent any further breaches.
Article IV: Licensor’s Warranty; Limitation of Liability
4.1. Updating the Data. Within the constraints of commercial reasonableness, the Licensor shall control the quality of, support, update, supplement and expand the Fygen Platform to keep it current and accurate.
4.2. The Licensor represents, warrants and covenants that the Fygen Information has been compiled from sources that it considers reliable.
4.3. Licensor does not warrant that the Fygen Platform is free of errors. Licensee acknowledges and agrees that Licensor and its data providers cannot and do not guarantee the content or accuracy of such information, electronic documents, data, or data files transmitted, processed, disseminated, or distributed hereunder, or the timeliness or availability of such information. You agree that your use of the online services is at your sole and own risk.
Article V: Licensee’s Warranties and Acknowledgment
5.1. The Licensee represents, warrants and covenants that (a) its use of any portion of the Fygen Platform accessed pursuant to this agreement shall be restricted pursuant to the terms and conditions hereof, (b) Licensee shall use its best efforts to ensure that the Fygen information shall not be made available to any person or entity who may resell such information or modify such information; (c) use of the Fygen Platform by Licensee shall in all cases comply in all material respects with all federal, state and local laws, statutes, rules, regulations and ordinances; and (d) Licensee shall not attempt to replicate the Fygen Platform or assemble, create, or maintain a database from or using the Fygen Information.
Article VI: Subscription
6.1. Your annual subscription to Fygen begins after your payment is received by Fygen and is valid for one year. Annual subscriptions purchased from the Fygen Web Store are billed once a year at the start of the subscription.
6.2. When you purchase an annual subscription, automatic renewal is activated in your Fygen account by default. After the annual subscription has expired, it is automatically extended and Fygen will invoice you for a further one-year term in accordance with the pricing applicable at that time.
6.3. If you don’t want to renew your subscription automatically, unsubscribe in your Fygen account before the end of the current subscription period.
Article VII: Notices and Miscellaneous
7.1. By clicking “I accept” below, the individuals signing below hereby represent and warrants that they have the legal authority to bind the party on whose behalf they are signing to the terms of this Agreement.
7.2. All notices or other communications given under this Agreement shall be in writing and shall be effective when delivered.
7.3. Each party, intending to be bound thereby, has caused this Agreement to be executed by its duly authorized representative, whereupon it enters into full force and effect in accordance with its terms.
7.4. This Agreement shall be governed by and construed in accordance with the laws of Germany.