1. Agreement and scope
These terms apply to Markets Flare (the "Service") provided by DATA Invest Consulting DIC FlexCo. By accessing or using the Service, you agree to these terms on behalf of yourself or the organization you represent.
If you have a separate written agreement, order form, or statement of work with us, that agreement governs to the extent of any conflict.
2. Eligibility and authority
The Service is intended for business customers. You must be at least 16 years old and have authority to bind your organization. If you are a consumer, some provisions may not apply to you.
3. Accounts and access
- You must provide accurate, up-to-date registration information.
- You are responsible for account security and for all activity under your credentials.
- You may use Google or Microsoft single sign-on, subject to their terms and policies.
4. Acceptable use
You agree not to:
- Use the Service for unlawful, harmful, or abusive activities.
- Reverse engineer, decompile, or bypass security controls.
- Interfere with or disrupt the Service or its integrity.
- Access data or accounts you are not authorized to use.
- Transmit malware or attempt to overload the Service.
5. Customer content and collaboration
You retain ownership of your workspace content. You grant us a limited license to host, process, and display your content solely to provide the Service. You are responsible for the legality of your content and for granting access to collaborators you trust.
6. Confidentiality
Each party will protect the other party's confidential information and use it only to perform under these terms. This obligation does not apply to information that is public, already known, or independently developed without use of confidential information.
7. Data protection
We process personal data as described in our Privacy Policy. For business customer content, we act as a processor and provide a data processing agreement upon request.
8. Fees, trials, and billing
Fees, payment terms, and any trial periods are set out in your contract or order form. Unless otherwise agreed, invoices are due within the agreed payment term, and late payments may result in suspension of access.
9. Third-party services
The Service may integrate with third-party services. We are not responsible for third-party products, and your use of them is governed by their terms.
10. Intellectual property
Markets Flare and its content, software, and branding are owned by DATA Invest Consulting DIC FlexCo or its licensors. Except for the limited rights expressly granted, no rights are transferred to you.
11. Feedback
If you provide feedback or suggestions, we may use them without restriction or obligation to you.
12. Suspension and termination
We may suspend or terminate access for breach, security risks, or non-payment. You may terminate according to your contract. Upon termination, your access ends and data handling follows our Privacy Policy.
13. Disclaimers
The Service is provided "as is" and "as available." We disclaim all warranties to the maximum extent permitted by law. Markets Flare provides analytical tools and is not a financial advisor; nothing in the Service constitutes investment advice.
14. Limitation of liability
To the maximum extent permitted by law, our total liability is limited to the fees paid by you in the 12 months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, or consequential damages. Nothing limits liability for intent, gross negligence, or personal injury, or where liability cannot be limited by law.
15. Indemnification
You agree to indemnify and hold us harmless from claims arising out of your misuse of the Service, your content, or your violation of these terms.
16. Governing law and venue
These terms are governed by the laws of Austria, and the courts of Klagenfurt have exclusive jurisdiction, unless mandatory law provides otherwise.
17. Changes to these terms
We may update these terms from time to time. If changes are material, we will notify you through the Service or via email.
18. Contact
Questions about these terms can be sent to [email protected].