Terms of Service
“Fitch Data”, “us”, “we”) and you (“you”). This document sets forth the terms and conditions that
govern your use of Fitch Data (the “site”) and any related services (the “services”, “Fitch Data
Services”, “Fitch Services”, “Data Services”) accessed through the website. By clicking “I
Agree,” you agree to the terms herein.
such updates to the site. Your use of the site after we post any such updates or amendments
constitutes your agreement to those updates or amendments.
ACCOUNTS AND USER LICENSE
To become a registered user, you must complete the registration process by providing Fitch
Data with current complete and accurate personally identifiable information including without
limitation your real name and the email address through which we can correspond with you. You
further agree to keep any registration accurate and complete. You are entirely responsible for
maintaining the security and confidentiality of your account information including your
username, password and API key. Registration through the website entitles account holders to
the Individual User License.
This license grants access and the right to use Fitch Data solely for personal use. This license
does not authorize the use of Fitch Data, or the data thereby obtained, by financial
professionals—which includes anyone registered with the SEC or FINRA. By continuing
registration, you represent that you are not a financial professional, and that you will not share
your registration information or grant access to a financial professional.
Fitch Data reserves the right, among other remedies, to discontinue all services to you, without
notice, for failure to use Fitch Data according to the above.
You acknowledge that Fitch Data’s data has been developed, compiled, prepared, revised,
selected and arranged by Fitch Data through the application of methods and standards of
judgments developed and applied through the expenditure of substantial time, effort and money,
and constitutes valuable intellectual property and/or trade secrets of Fitch Data. You
acknowledge that most damages from breach would be both incalculable and insufficient to
remedy the injury to Fitch Data, and that breach of this agreement would cause Fitch Data
irreparable harm. Accordingly, you agree that event of breach or threatened breach of this
agreement, Fitch Data, shall be entitled—in addition to any other remedies it may have at law or
in equity—to appropriate injunctive or equitable relief and/or specific performance sufficient to
prevent additional injury and/or to mitigate the damages to Fitch Data. Such injunctive or other
equitable relief shall be available without any requirement for bond or other security, as allowed
USE OF DATA
You are licensed to use data acquired from Fitch Data for personal research and investments
strategy purposes only. You may not, for any other purpose, whether commercial or
noncommercial: redistribute the raw data; create derivative representations of the data;
stockpile the data; share, license, rent, or sell the data; post charts or other types of data display
containing any part of portion of the data on a blog, publication, email, social media platform, or
website, without written consent from Fitch Data. You further agree that you shall not provide
access to the Fitch Data service in any form to any other parties, including renting, selling, or
licensing such access.
You agree to notify Fitch Data in writing promptly upon becoming aware of any unauthorized
access or use of data. You may not display the services data in any way that allows viewers to
see or make use of a portion of the integrity of the services data systematically. Any other use
that utilizes the Fitch Data service for other than personal research and
“The data,” for purposes of this agreement, shall include any portion of data acquired from the
use of Fitch Data.
Fitch Data is PROVIDED TO YOU "AS IS", "WITH ALL FAULTS" AND FITCH DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE TO THE SPECIFICATIONS. MIAX WILL NOT BE LIABLE FOR ANY INCOMPLETENESS OR INACCURACIES. FITCH WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, RELATING TO THE SPECIFICATIONS OR THEIR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
After submitting initial membership payment, you are subject to recurring payments automatically processed every calendar month. Those payments shall not exceed the intital payment unless you upgrade membership plans.
TERMINATION OF TERMS
Either you or Fitch Data may terminate the terms at will, at any time, and effective immediately.
Upon termination, you shall not be entitled to a refund for money paid for any unused access.
You may terminate the terms by discontinuing use of the service and destroying all materials
obtained from the service. Your authorization to use Fitch Data will terminate immediately and
without notice from Fitch Data, if you, in Fitch Data’s sole discretion, fail to comply with any
provision of these terms. You agree that within thirty (30) days of termination of this agreement,
you will delete from all computer systems owned and operated by you and all computer systems
operated on your behalf all data sets, data and any software provided by Fitch Data.
Your duties under this agreement shall survive the termination of your authorization to use the
Fitch Data, and continue until the duties are discharged.
LIMITATION OF LIABILITY
The site and the services, and any content, tools, products or services displayed, accessed or
obtained through the sites and services are provided “as is”, “as available”, and without
warranties of any kind, either express, implied or statutory, including, without limitation,
warranties of title, noninfringement,
system integration, availability, integrity, reliability, or
transmission or response time, data accuracy, availability, completeness, reality of timeliness,
suitability of content or services, merchantability or fitness for a particular purpose. Without
limiting the foregoing, Fitch Data and its affiliates, suppliers and agents do not warrant and
expressly disclaim that: (i) your use of sites and/or services and access to use of all the tools
and features thereon will be uninterrupted, timely, error free or secure, (ii) that any information
obtained therein is accurate, reliable, complete or timely, (iii) that defects will be corrected or (iv)
that any software, services, sites or servers(s) on which the services and sites are hosted are
free of viruses or other harmful components. Your use of the site and the services and any
content provided on or through the sites and services are entirely at your own risk, and you shall
be solely responsible for any damage to your property or person, including, but not limited to,
your computer system and any device you use to access the Fitch Data website and services,
or any other loss that results from accessing such content
This agreement constitutes the entire agreement and understanding between Fitch Data and
you suspending any prior agreement between you and Fitch Data. If any provision of this
agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severed herefrom, and shall not affect the
validity and enforceability of any remaining provisions. This agreement is not assignable,
transferable or sublicensable by you. You agree to abide by all copyright notices or restriction