Terms of Service
Last Updated: December 15, 2024 Effective Date: December 15, 2024 Version: 3.0.0
Executive Summary
These Terms of Service govern your use of the ClearView-WOW platform. Key points:
- Eligibility - Professional investors and institutions only, 18+ years old
- Account Responsibilities - You're responsible for account security and activity
- Permitted Use - Portfolio management, analytics, compliance tracking
- Prohibited Activities - No unauthorized access, data scraping, or misuse
- Liability - Platform provided "as is" with limitations on our liability
- Termination - Either party may terminate with notice
By using ClearView-WOW, you agree to these terms. If you don't agree, please discontinue use.
1. Introduction and Acceptance
1.1 Agreement to Terms
Welcome to ClearView-WOW ("Platform," "Service," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ClearView-WOW Limited regarding your access to and use of our portfolio management platform.
By:
- Creating an account
- Accessing the platform
- Using any of our services
You confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
1.2 Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes via:
- Email notification to your registered address
- In-platform notification banner
- Updated "Last Modified" date at the top of this document
Continued use of the Platform after changes constitutes acceptance of the modified Terms.
1.3 Additional Terms
Certain features or services may be subject to additional terms and conditions. These will be presented to you at the time of use and are incorporated by reference into these Terms.
2. Eligibility and Account Registration
2.1 Eligibility Requirements
To use ClearView-WOW, you must:
- Be at least 18 years of age
- Have legal capacity to enter into binding contracts
- Be a professional investor, institutional investor, or authorized representative
- Not be prohibited from using financial services in your jurisdiction
- Comply with all applicable laws and regulations
Prohibited Users:
- Individuals or entities on sanctions lists (OFAC, UN, EU, etc.)
- Residents of jurisdictions where our services are not available
- Persons barred from financial services by regulatory authorities
2.2 Account Registration
When creating an account, you must:
- Provide accurate, current, and complete information
- Maintain and update information to keep it accurate
- Use your real identity (no fake names or impersonation)
- Provide required documentation for KYC/AML verification
Corporate Accounts: For company accounts, the registering individual represents and warrants that they have authority to bind the company to these Terms.
2.3 Account Security
You are responsible for:
- Maintaining the confidentiality of your password and credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Using strong passwords and enabling two-factor authentication
We are not liable for losses resulting from unauthorized use of your account if you fail to maintain security.
2.4 One Account Per Entity
You may only create one account per legal entity. Creating multiple accounts without permission may result in termination of all accounts.
3. Description of Services
3.1 Core Services
ClearView-WOW provides:
Portfolio Management:
- Multi-custodian portfolio aggregation
- Real-time holdings tracking
- Transaction management and settlement tracking
Performance Analytics:
- Time-weighted and money-weighted returns
- Benchmark comparison and attribution analysis
- Historical performance tracking
Risk Management:
- Portfolio risk metrics (VaR, volatility, beta, etc.)
- Limit monitoring and alerts
- Concentration analysis
Compliance Tools:
- Regulatory reporting preparation
- Audit trail maintenance
- Document management
Trading Operations:
- RFQ (Request for Quote) management
- Order tracking and execution monitoring
- Settlement coordination
3.2 Service Limitations
ClearView-WOW is a reporting and analytics platform. We do NOT:
- Execute trades or transactions
- Hold or custody assets
- Provide investment advice or recommendations
- Act as a broker-dealer or financial advisor
- Guarantee investment returns or outcomes
3.3 Data Sources
We aggregate data from:
- Your custodians and brokers
- Market data providers
- Your manual uploads
- Third-party integrations
Data Accuracy: While we strive for accuracy, we are not responsible for errors in source data provided by third parties or users.
4. User Responsibilities and Obligations
4.1 Permitted Use
You may use the Platform to:
- Manage and analyze your investment portfolios
- Generate reports for internal use and regulatory compliance
- Collaborate with authorized team members
- Access market data and analytics tools
4.2 Prohibited Activities
You may NOT:
Unauthorized Access:
- Access accounts, data, or systems without authorization
- Attempt to bypass security measures or authentication
- Reverse engineer, decompile, or disassemble the Platform
Misuse:
- Use the Platform for illegal activities
- Violate any applicable laws, regulations, or third-party rights
- Transmit malware, viruses, or harmful code
- Interfere with or disrupt Platform operations
Data Abuse:
- Scrape, crawl, or harvest data without permission
- Use data mining or automated tools without authorization
- Share or resell Platform access or data
Impersonation:
- Impersonate any person or entity
- Misrepresent your affiliation with any person or entity
Market Manipulation:
- Use the Platform to manipulate markets or prices
- Engage in wash trading, spoofing, or layering
- Share material non-public information
4.3 Data Accuracy and Inputs
You are responsible for:
- Ensuring accuracy of data you upload or provide
- Verifying holdings, transactions, and account information
- Correcting errors in your data promptly
- Maintaining proper documentation
4.4 Compliance with Laws
You agree to comply with all applicable laws including:
- Securities regulations (MiFID II, SEC rules, etc.)
- AML/KYC requirements
- Data protection laws (GDPR, CCPA, etc.)
- Tax reporting obligations
- Sanctions and export control laws
5. Fees and Payment
5.1 Subscription Fees
ClearView-WOW charges subscription fees based on your selected plan:
- Standard: Basic portfolio management features
- Professional: Advanced analytics and risk tools
- Enterprise: Full feature set with premium support
5.2 Billing Terms
- Fees are billed monthly or annually in advance
- Prices are subject to change with 30 days' notice
- All fees are non-refundable except as required by law
- Late payments may result in service suspension
5.3 Taxes
Fees are exclusive of taxes. You are responsible for all applicable taxes (VAT, GST, sales tax, etc.).
5.4 Free Trial
Free trials are subject to:
- Limited duration (typically 30 days)
- Feature restrictions
- Conversion to paid plan requirements
6. Intellectual Property Rights
6.1 Our Intellectual Property
The Platform and all content, features, and functionality are owned by ClearView-WOW and protected by:
- Copyright
- Trademark
- Patent
- Trade secret
- Other intellectual property laws
You may NOT:
- Copy, modify, or create derivative works
- Distribute, sell, or transfer any part of the Platform
- Remove or alter copyright or proprietary notices
6.2 Your Data
You retain ownership of data you upload to the Platform ("User Data"). By using the Platform, you grant us a limited license to:
- Store and process User Data to provide services
- Use aggregate, anonymized data for analytics and improvements
- Create backups and ensure data security
6.3 Feedback
Any feedback, suggestions, or ideas you provide become our property. We may use them without obligation to you.
7. Data Privacy and Security
7.1 Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms.
7.2 Data Security
We implement industry-standard security measures:
- Encryption (TLS 1.3, AES-256)
- Access controls and authentication
- Regular security audits
- SOC 2 Type II compliance
7.3 Data Breaches
In the event of a data breach, we will:
- Notify affected users within 72 hours
- Provide details of the incident
- Offer mitigation steps
- Cooperate with regulatory authorities
7.4 Data Retention
We retain your data:
- While your account is active
- For 7 years after account closure (regulatory requirement)
- As required by law or legitimate business purposes
8. Disclaimers and Limitations of Liability
8.1 "As Is" Service
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, INCLUDING:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, completeness, or reliability
8.2 No Investment Advice
ClearView-WOW does NOT provide investment advice. The Platform provides tools and analytics, but:
- You are responsible for your investment decisions
- We do not recommend specific securities or strategies
- Historical performance does not guarantee future results
- You should consult independent financial advisors
8.3 Third-Party Data
We are not responsible for:
- Errors in third-party data (market data, custodian feeds, etc.)
- Delays or interruptions in third-party services
- Actions of third-party providers
8.4 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
We are NOT liable for:
- Indirect, incidental, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Investment losses or trading decisions
- Service interruptions or data loss
Maximum Liability: Our total liability to you shall not exceed the fees paid by you in the 12 months preceding the claim.
8.5 Exceptions
Some jurisdictions do not allow limitation of liability for certain types of damages. In such cases, our liability is limited to the extent permitted by applicable law.
9. Indemnification
You agree to indemnify, defend, and hold harmless ClearView-WOW, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use or misuse of the Platform
- Violation of these Terms
- Violation of any laws or third-party rights
- User Data you provide
- Your investment decisions
10. Service Availability and Support
10.1 Uptime
We strive for high availability but do not guarantee uninterrupted service. The Platform may be unavailable due to:
- Scheduled maintenance (notified in advance)
- Emergency maintenance
- Force majeure events
- Third-party service failures
Target Uptime: 99.5% (excluding scheduled maintenance)
10.2 Support
Support is provided via:
- Email: support@clearview-mgp.com
- Live Chat: In-platform (business hours)
- Phone: Available for Enterprise plans
Support Hours:
- Standard: Business hours (9am-5pm GMT, Mon-Fri)
- Enterprise: 24/7 priority support
10.3 Modifications to Service
We may modify, suspend, or discontinue any feature or service at any time with reasonable notice.
11. Termination
11.1 Termination by You
You may terminate your account at any time by:
- Using the account deletion feature in Settings
- Contacting support@clearview-mgp.com
Effect: Access terminates immediately; no refunds for unused subscription periods.
11.2 Termination by Us
We may suspend or terminate your account if:
- You violate these Terms
- You fail to pay fees
- You engage in fraudulent or illegal activity
- Your account poses a security risk
- Required by law or regulatory authority
Notice: We will provide notice when possible, but may terminate immediately for serious violations.
11.3 Effect of Termination
Upon termination:
- Your access to the Platform ceases immediately
- We may delete your data after the retention period
- You must cease all use of the Platform
- Sections that should survive termination remain in effect
11.4 Data Export
Before termination, you may export your data using our data export tools (Settings > Privacy > Export Data).
12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.
12.2 Arbitration Agreement
Any dispute arising from these Terms shall be resolved through binding arbitration, except:
- Claims for injunctive or equitable relief
- Small claims court actions
- Intellectual property disputes
Arbitration Rules:
- London Court of International Arbitration (LCIA) Rules
- Single arbitrator
- English language
- London, UK venue
Class Action Waiver: You agree to resolve disputes individually, not as part of a class action.
12.3 Informal Resolution
Before initiating arbitration, you agree to attempt informal resolution by contacting legal@clearview-mgp.com.
12.4 Exceptions
Some jurisdictions do not permit mandatory arbitration. In such cases, disputes will be resolved in the courts of England and Wales.
13. General Provisions
13.1 Entire Agreement
These Terms, together with the Privacy Policy and any additional terms, constitute the entire agreement between you and ClearView-WOW.
13.2 Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.
13.3 Waiver
Failure to enforce any provision does not constitute a waiver of that provision or any other provision.
13.4 Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms to any successor or affiliate.
13.5 Force Majeure
We are not liable for delays or failures due to events beyond our reasonable control (natural disasters, war, strikes, pandemics, etc.).
13.6 Notices
To You: Via email to your registered address or in-platform notification.
To Us: Via email to legal@clearview-mgp.com or postal mail:
ClearView-WOW Limited Legal Department 123 Financial District London EC2N 2DB United Kingdom
13.7 Survival
Provisions that by their nature should survive termination shall survive, including: intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution.
13.8 Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights.
13.9 Language
These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.
14. Regulatory and Compliance Information
14.1 Regulatory Status
ClearView-WOW Limited is a technology platform provider. We are:
- NOT a regulated investment firm
- NOT a broker-dealer
- NOT a custodian or depositary
- NOT authorized to provide investment advice
14.2 Professional Investors Only
Our services are designed for and directed at:
- Professional investors (MiFID II definition)
- Institutional investors
- Investment managers and advisors
- Corporate treasury departments
Retail investors should seek appropriate advice before using the Platform.
14.3 Jurisdictional Restrictions
The Platform may not be available or suitable in all jurisdictions. You are responsible for ensuring that your use complies with local laws.
Currently Available In:
- United Kingdom
- European Union
- United States
- Other jurisdictions upon request
14.4 AML/KYC Compliance
We conduct Know Your Customer (KYC) and Anti-Money Laundering (AML) checks as required by law. You agree to:
- Provide required identification and documentation
- Update information when requested
- Cooperate with compliance inquiries
Failure to complete verification may result in account suspension or termination.
15. Specific Features and Functionality
15.1 API Access
If you use our API:
- You must comply with API documentation and rate limits
- You are responsible for securing your API keys
- We may revoke API access for violations or abuse
- API usage is subject to additional terms
15.2 Third-Party Integrations
Integrations with third-party services (custodians, market data, etc.) are subject to:
- Third-party terms and conditions
- Data sharing permissions
- Service availability and reliability of third parties
15.3 Beta Features
Beta or experimental features are provided "as is" with no warranties. We may discontinue beta features at any time.
15.4 Custom Development
Custom development services are subject to separate agreements and statements of work.
16. Contact Information
General Inquiries:
- Email: info@clearview-mgp.com
- Phone: +44 20 1234 5678
Support:
- Email: support@clearview-mgp.com
- Live Chat: Available in platform
Legal & Compliance:
- Email: legal@clearview-mgp.com
- DPO: dpo@clearview-mgp.com
Postal Address: ClearView-WOW Limited 123 Financial District London EC2N 2DB United Kingdom
Business Registration:
- Company Number: 12345678
- VAT Number: GB123456789
Acknowledgment
BY CLICKING "I ACCEPT" OR BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Document History
Version 3.0.0 - December 15, 2024
- Major update to arbitration provisions
- Enhanced data privacy sections
- Updated regulatory compliance information
Version 2.5.0 - September 1, 2024
- Added API terms and conditions
- Updated fee structure
- Clarified service descriptions
Version 2.0.0 - June 1, 2024
- Complete rewrite for GDPR compliance
- Added jurisdictional restrictions
- Enhanced security provisions
Previous versions available upon request: legal@clearview-mgp.com
