Terms and Conditions

Terms and Conditions

V3
December, 2024

The following page describes the terms and conditions (the “Terms and Conditions”) upon which Incen Ltd. (the “Company” or “Arincen” or “We”) offers access to the Internet site found at Arincen alongside its mobile application thereof (respectively, the “Site” or “App,” and together the “Services”) to you the customer, irrespective of whether or not you are an account holder (“you” or “You”).

Please read these Terms and Conditions, including privacy policy, cookie policy and risk warning before using our Services. By continuing to access or use our Services, you signify your acceptance of these Terms and Conditions. We reserve the right to amend, remove or add to these Terms and Conditions at any time. 

If you do not wish to accept the Terms and Conditions, you may not use our Services. Any terms and conditions proposed by you that are in addition to, or that conflict with these Terms and Conditions, are expressly rejected by Arincen and will have no force or effect.

Arincen may change these Terms and Conditions at any time. If you continue to use Arincen after we post changes to these Terms and Conditions, you are effectively accepting them. You will always have access to our Terms and Conditions and will be able to check it at any time. By reloading this page, you will have the most up-to-date version available to Arincen users.

Unless otherwise noted, all rights, titles and interests in Arincen, and all information made available through Arincen or our Services, in all languages, formats and media throughout the world, including, but not limited to, all copyrights and trademarks therein, are the exclusive property of Arincen and our affiliates or data providers.

Arincen is dedicated to providing users with a secure and accessible platform for the display of market data, charts, news and other financial information. As such, users are strictly prohibited from employing any automated data-collection methods, including but not limited to scripts, APIs, screen scraping, data mining, robots or other data-gathering and extraction tools, regardless of their intended purposes. The use of any technology to circumvent protective mechanisms designed to prevent unauthorized reproduction or distribution of Arincen Content is expressly forbidden.

Use & Access

The Content on the Arincen platform, including market data and other information, is made available for display purposes only within the Website or mobile app's user interface. Our licensing arrangements with data providers do not permit the downloading, sub-licensing, assigning, transferring, selling, loaning or distribution of Arincen content for payment without obtaining prior written consent from Arincen. Users are required to respect these terms, as they are designed to protect the interests of Arincen, its data providers and user community, ensuring a secure and reliable platform for all.

Breaching these requirements could result in serious ramifications, including the blocking of the user or visitor, closure of their Account and potential further penalties. Arincen also reserves the right to take appropriate legal action against users found to be in violation of these terms in order to protect the platform's integrity and the interests of its data providers and user community.

Except as otherwise expressly permitted by the preceding paragraphs, you agree not to sell any of the Services or materials in any manner or for any purposes without the prior expressed written consent of Arincen and/or our data providers. In addition, you shall not, without the prior expressed written consent of Arincen and the relevant data providers, make copies of any of the software or documentation that may be provided, electronically or otherwise, including, but not limited to, translating, decompiling, disassembling or creating derivative works.

Except as otherwise expressly permitted by additional agreement, we do not permit commercial usage of any of our services or APIs. We make no warranty and assume no obligation or liability for Third-Party Services or software. 

You shall be responsible for providing and maintaining the means by which you access the Services, which may include, but is not limited to, your personal computer or mobile device, connectivity hardware and telecommunication lines.

You shall be responsible for all access and service fees necessary to connect to the Services and assume all charges incurred by use of such connectivity Services. You further assume all risks associated with the use and storage of information on your personal computer, mobile device or on any other computer or device through which you will gain access to the Services (hereinafter referred to as “Computer”).

You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of your Computer and any information and data included therein.

You agree that Arincen will not be liable in any way to you in the event of failure of or damage or destruction to your Computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.

You will not in any way, whether directly or indirectly, expose Arincen or any of Arincen's online service providers to any Computer virus or other similarly harmful or inappropriate material or device.

Without limiting the generality of the foregoing, your use of the Services is subject to the following restrictions:

  • You may not use, sell, rent, lease, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from or otherwise make unauthorized use of the Services and/or any Content and Marks without Arincen's prior explicit written consent. Likewise, you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services, without Arincen's prior explicit written consent;

  • Except as expressly stated herein, no part of the Services, Content and/or Marks contained therein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Arincen’s prior explicit written consent;

  • You shall not access the Services in order to build a similar or competitive service;

  • You may not use the Services in connection with material that promotes illegal activities, or the violation of any local, state, national or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade-secret information of any third party), information protection and privacy, including, but not limited to, Content that disseminates another person's personal information without their permission;

  • The Services may not be used or accessed by any automated machine, bot, spider or such other automated feature or service;

  • You shall not impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;

  • You may not remove, circumvent, disable, damage or otherwise interfere with any features of the Services, or attempt to gain unauthorized access to any portion thereof through any means, or interfere with, corrupt or disrupt the operation or performance of the Services or the ability of any other person to use them (including, without limitation, by attempting to degrade the performance of the servers in any way);

  • You may not violate other users' or third parties' rights to privacy, publicity and other rights, or harvest, scrape, data aggregate, data mine, screen scrape, index or collect data and information about other users or third parties without their consent, whether manually or automatically, with the use of any means, including, without limitation, bots, crawlers, spiders, sifters and load testers, without the express written consent of Arincen, or engage in testing, pen-testing, sniffing or monitoring of the Services, their systems, software or hardware in any way; and

  • You may not use the Services in connection with material that a reasonable person could deem to be: offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity, or is otherwise inconsistent with these Terms and Conditions including any of our policies.

Arincen reserves the right, at any time, to modify, suspend or discontinue the Services or any part thereof with or without notice. You agree that Arincen will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof.

Force Majeure

You agree that Arincen will not be liable in any way to you or to any other person in the event of force majeure (including, but not limited to, the act of any government or legal authority) or for the failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.

Technical Problems

You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Services.

Arincen shall not be liable, and you agree not to hold or seek to hold Arincen or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, as well as other similar computer problems and defects.

Arincen does not represent, warrant or guarantee that you will be able to access or use the Services at times or locations of your choosing, or that Arincen will have adequate capacity for the Services as a whole or in any geographic location.

As well, Arincen does not represent, warrant or guarantee that the Services will provide uninterrupted and error-free service. Arincen does not make any warranties or guarantees with respect to the Services and the Content, including but not limited to, warranties for merchantability or fitness for a particular purpose.

Without limiting the foregoing, Arincen will not be responsible for an impossibility to execute orders and requirements due to failures in the operation of informational systems caused by technical faults that are beyond its control.

Attribution

Arincen grants all users of Arincen, and all other available versions of the Site, to use snapshots of Arincen charts in analysis, press releases, books, articles, blog posts and other publications. In addition, Arincen grants the use of all previously mentioned materials in education sessions, the display of Arincen charts during video broadcasts, which includes overviews, news, analytics and otherwise use or promote Arincen charts or any products from the Arincen Website on the condition that Arincen attribution is clearly visible at all times when such charts and products are used. Attribution must include a reference to Arincen, including, but not limited to, those described herein.

The use of any Arincen products outside the Arincen Website, without a proper attribution of Arincen, is not allowed. This extends to any tools (such as widgets) obtained on the Arincen Website and utilized on the outside resources, where attribution should remain as was originally designed and intended. Users who disobey this attribution rule herein may be banned permanently, and other legal action may be taken against them to ensure compliance. This includes, but is not limited to, cease-and-desist warnings, court orders, injunctions, fines, damages relief and so on.

Subscribed Version

Our basic Services are free, but we may offer users paid upgrades for advanced features such as “ad-free” versions of the Services we offer.

You may purchase ad-free Services, which include, subject to a specific policy of the various app stores (such as Google Play or Apple App Store), and applicable law, a removal of all the ads on your account in all related online platforms, including from our Site and mobile App, which are available for use in such app stores. These ad-free Services will be available to you only when you are signed-in to our Services.

By ordering any Subscription on Arincen (including a free trial period) you confirm that you have read and accepted our Terms and Conditions and you authorize Arincen to automatically charge your bank card or PayPal account according to the billing period manually selected by you.

Each user can try any paid plan for 30 days free of charge. If the trial is not canceled before its expiration date, it automatically converts to a monthly or annual paid plan, depending on the user's choice. There are no refunds for monthly plans, even if the Subscription is canceled on the same day as the auto conversion payment has gone through. Refunds are available only after an automatic deduction for annual payments (i.e., after trial and after renewal) within 14 calendar days after the payment was made. 

All billing is recurring, which means you will continue to get billed until you cancel your Subscription. You are solely responsible for properly canceling your Arincen Subscription. An email request or support ticket asking for your Subscription to be canceled is not considered cancellation. You may cancel your Subscription at any time by visiting the billing section of your profile page.

If you cancel the service before the end of your current paid-up period, your Subscription will remain active until the next due date. After the due date, if no payment is received, your Subscription will be stopped.

We do not offer refunds for initial payments. If you order the Service for the first time, please make sure that the order is correct before the payment is made.

We do not offer refunds for recurring monthly payments. If you have been billed for automatic monthly renewal of the Service, you can cancel the Subscription to avoid billing for following months.

Limited License

Arincen grants you a non-exclusive, non-transferable and limited personal license to access and use the Services (the “License”). This License is conditional on your full and continuing compliance with these Terms and Conditions. You agree not to “deep-link” to the Services, resell or permit access to the Services to others and not to copy any materials appearing on the Services for resale or for any other purpose to others without the prior written consent of Arincen. You shall be responsible and bound by any unauthorized use of the Services, made in breach of this section. You agree not to use any electronic communication feature of Services on the Services for any purpose that is unlawful, tortious, abusive and intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The License granted under these Terms and Conditions will terminate if Arincen believes that any information provided by you, including (but not limited to) your registration credentials, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of these Terms and Conditions and all rules and guidelines for each of the Services. Upon such violation, you agree to cease accessing Services. You agree that Arincen, at its sole discretion and with or without notice, may terminate your access to any or all Services and remove and discard any information or Content within the Services.

Links to Third-Party Sites and Use of Third-Party Software

The Services may contain hyperlinks to Websites operated by persons other than Arincen. Such hyperlinks are provided for your reference and convenience only. You agree not to hold Arincen responsible for the Content or operation of such Websites. A hyperlink from our Services to another Website does not imply that Arincen endorses the Content on that Website or the operator or operations of that Website. You are solely responsible for determining the extent to which you may use any Content or such Website.
Furthermore, certain parts of the Services contain third-party software, including but not limited to “open source” software. Use of third-party software may be governed by separate copyright notices and license provisions, which shall be made available to you, as applicable, either by company or by such third-party software provider. You shall not use, and shall indemnify and hold Arincen harmless for any such use by or on behalf of you, in a manner that infringes the rights of any third party or that is in contravention to these Terms and Conditions and/or any specific license terms. For example, some payment options on our Services are provided by third-party payment processors that process your payments on our behalf (such as Apple or Google through “In-App Purchases,” as described below). If you wish to make a purchase on the Services, you may also be asked to supply certain information, including credit card, debit card, Apple ID or Google ID or other payment mechanism information directly to such payment processors.

You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by use of your credit card, debit card, Apple Pay, Google Pay or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes relating to any purchases you make.

You further acknowledge that your use of any third party’s site and/or software is subject to the applicable third party's terms and conditions, and you further agree not to hold Arincen liable for any loss or damage of any sort incurred as a result of any such use by you.

The liability of Arincen, its officers, directors or employees, to you or any third parties in any circumstance is limited to the amount of money you transferred to Arincen in relation to the transaction giving rise to such liability.

Notice to Apple App Users

To the extent you are using the App on an iOS device, you acknowledge that these Terms and Conditions form an agreement between you and Arincen, not with Apple Inc. (“Apple”), and that Apple is not responsible for the Services or the Content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and Conditions, and upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary. You hereby represent and warrant that: (i) You are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist-supporting” country and (ii) You are not listed on any US government list of prohibited or restricted parties.

Advertisements

We may use a third-party advertising technology to serve advertisements when you access the Site. This technology uses your information with regard to your use of the Services to serve advertisements to you (e.g., by placing third-party Cookies on your Web browser).

Analytics Providers

We may use third-party service providers to monitor and analyze the use of our Services and mobile applications. We use this information to analyze and improve the work of our Services and mobile applications.

Note that we do not share any personal information with our advertisers. They can only access general statistics that include the number of impressions and clicks their ads have generated.

We may use the following services for advertising, remarketing and tracking purposes:

  • Google Ad Manager and Google Ads – they help us serve and measure the success of ads on our Site. For more information about how Google uses data, please refer to its Privacy & Terms document as well as to Google’s privacy policy. 

  • Facebook Pixel – allows us to measure, optimize and build audiences for our advertising campaigns. You can manage your personal settings for advertisements on Facebook at Your Ad Preferences. 

  • Twitter Conversion Tracking (Twitter Pixel) – helps us to measure our return on ad expenditure. For more information about Twitter data processing, please see its privacy policy. You can adjust the settings in your personal Twitter profile and opt to receive advertising. 

  • Google reCAPTCHA is used to check whether data has been entered by a person or by an automated program. We use this service to protect our Services from spam, fraud and abuse. reCAPTCHA analyzes the behavior of the visitor using various characteristics and evaluates various information for analysis purposes (e.g., IP address, visit duration, or the user’s mouse clicks). This analysis begins automatically, as soon as the Website visitor accesses the Website, and runs in the background. Visitors are not informed that an analysis is being performed. The data recorded during analysis is forwarded to Google. 

Direct Marketing

We may share your full name, email address and phone number with certain broker(s) (the “Broker”) in the event that you have granted permission to receive promotional materials from such Broker at the time of registration. The Broker may periodically use your full name, email address and phone number for the purpose of providing you with promotional materials if your permission was granted at the time of registration and you have not unsubscribed at a later time in accordance with the provisions hereof. If you unsubscribe, we will remove your full name, email address and phone number from our marketing distribution lists and from any future lists we may share with the Broker. However, you may need to also separately unsubscribe from marketing offers sent by the Broker. Please note that in order to send you promotional materials, the Broker may assign you with a username and password that will allow you access to the Broker's site through an account. You may contact the Broker at any time to remove the account. 

Market Information

Arincen may make available to you, through one or more of its Services, a broad range of financial information that is generated internally or obtained from agents, vendors or partners (“Third-Party Providers”). This includes, but is not limited to, financial market data, quotes, news, analyst opinions, research reports, graphs and data (“Market Information”).

Market Information provided on the Services is not intended as investment advice. Arincen does not endorse or approve the Market Information, and we make it available to you only as a service for your own convenience. Arincen and its Third- Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or warrant any results from your use or reliance on the Market Information.

Market Information may quickly become unreliable for various reasons, including, for example, changes in market conditions or economic circumstances. Neither Arincen nor the Third-Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither Arincen nor the Third-Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not “deep-link,” redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Arincen to receive Market Information.

With regard to any Market Information displayed on the Services, you are prohibited from, and hereby represent and warrant that you shall not: (i) copy, store, sell, license, distribute, transmit or duplicate to any third party or to any person any Market Information or any part thereof in any form or by any means; (ii) make the Market Information available on any Website or in an application, or available to the public via the Internet or otherwise; (iii) use the Market Information for the purpose of creating and/or operating (directly or by any third party) any financial product, index or service, or in any other manner without Arincen or its applicable Third-Party Providers' permission; (iv) use the trademarks, logos, brand names or any other similar identifying mark, or remove any copyright or proprietary notices incorporated into the Market Information (“Marks”) and you hereby acknowledge that Arincen or its applicable Third-Party Providers are the owners of the intellectual property rights in, and relating to, the Market Information and Marks; (v) use the Market Information in any way or for any purpose that would require a separate license from Arincen or its applicable Third-Party Providers or any other person and (vi) permit, or purport to permit, any third party to do any of the foregoing.

By submitting ideas, Content, suggestions, documents and/or proposals to Arincen, you acknowledge and agree that: (a) your contributions do not contain confidential or proprietary information; (b) Arincen is not under any obligation of confidentiality, expressed or implied, with respect to the contributions; (c) Arincen shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way, in any media worldwide; (d) Arincen may have something similar to the contributions already under consideration or in development; (e) your contributions automatically become the property of Arincen, without any obligation of Arincen to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Arincen under any circumstances