PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCTS OR SERVICES.
BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS OR SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO INNOVA THE RIGHTS SET FORTH HEREIN.
It is important that you read the entirety of and understand this Document.
If you are under the age of 18, you should review this Document with your parent(s) or guardian(s) to make sure that you and your parent(s) or guardian(s) understand it.
1.1 “you” or “your” means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.
1.2 “Innova“, “us“, “our“ or “we“ means Innova Financial Solutions ApS and/or RiskButler.com IVS, Denmark. Innova is a limited liability company in the Kingdom of Denmark.
1.3 Innova’s internet software applications, the "RiskButler.com" branded internet software application, the "Visual NetX" branded internet software application, the "Derivatives Expert" branded software application, other “Innova” branded software applications, the "Beta" software (together the “Innova Software”), and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee (price), (collectively the “Software”) are licensed (not sold) to you by Innova.
1.4 “Beta” software means software that has not yet been fully released but has received an alpha test, is under development, and still has more bugs than a regular release; beta software can for a limited time period be publicly available to all users who wish to test/use it.
1.5 “Free Products” means the features and products that are made available, possibly through the Software, for free (including products or features available for free on a trial basis only) to you by Innova.
1.6 “Paid For Products” means the features and products that are provided, possibly through the Software, to you by Innova and that you pay for.
1.7 “Products” means collectively the Free Products and Paid For Products.
1.9 “Services” means collectively the free services and paid for services through Innova Websites or otherwise provided to you by Innova.
2.0 “Taxes” means the amount of taxes, regulatory fees, surcharges or other fees that we are required to collect from you and must pay to any US (Federal, state or local), EU, or other government, agency, commission or quasi-governmental body as a result of our provision of Paid For Products to you. Your invoice will clearly state if any taxes apply to you.
2.1 Your agreement with Innova is made up of the terms and conditions set out in this document, together with any Additional Terms referred to in paragraph 14 (collectively the “Terms” or “Agreement”). To the extent of any inconsistency between any Additional Terms and this document, this document shall take precedence.
2.1 In order to download and/or use the Software, Products and/or Services you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Software, Products and/or Services. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or Innova in accordance with paragraph 11.
2.2 You cannot use or access the Software, Products or Services if you are not: (a) lawfully entitled to use the Software, Products or Services, as the case may be, in the U.S., the EU, and in any other country in which you may be located or in which you may reside at the time of your use of the Software, Products or Services, as the case may be, or (b) capable of forming a binding legal agreement with Innova.
3.1 Innova may make changes to these Terms from time to time. Innova will publish the changes on the applicable Innova Website. The changes will be effective when published, provided that any changes to any governing law or venue provision set forth in these Terms, will not apply to any dispute that a party has provided written notice of prior to the date on which the changes are posted on the Innova Website. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or Services after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Innova in accordance with paragraph 11 below.
4.1 License. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable license to install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual Innova user account (as applicable) (“User Account”). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. Innova reserves all rights not expressly granted to you under these Terms.
4.2 Restrictions. You may not and you agree not to:
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
(b) undertake, cause, permit or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to paragraph 4.1 above;
(e) other than for the purposes of download and installation, use the Software except through your User Account.
4.3 Other Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto other products, hardware, software applications, programs or devices (“Other Technology”), you agree and acknowledge that: (a) you may be required to (i) enter into a separate license agreement with; and/or (ii) purchase a subscription from; and/or (iii) pay a fee, to the relevant third party owner or licensor for the use of such Other Technology; (b) some Products and/or functionality may not be accessible through the Other Technology and (c) Innova cannot guarantee that the Software shall always be available on or in connection with such Other Technology.
4.4 Third Party Notices. The Software may include third-party code that Innova, not the third party, licenses to you under this Agreement. Notices, if any, for the third-party code are included for your information only. Third-party scripts, linked to, called or referenced from the Software, are licensed to you by the third parties that own such code, not by Innova.
5.1 Equipment. In order to use the Software, Products and Services you will also need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet.
5.2 Use of Your Equipment. The Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using. If your use of the Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
5.3 Updates to the Software. Innova may automatically check your version of the Software. We may also automatically download configuration changes and updates to the Software from time to time. You may be required to update the Software to enable it. You agree to accept such updates subject to these Terms unless other terms accompany the updates. Innova is not obligated to make any updates available and does not guarantee that we will continue to support the version of the operating system, browser or device for which you licensed the Software or that updated Software will be compatible for use with older versions of the Software (if applicable). Updates may be required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.
5.4 Suspension, technical improvement and maintenance. From time to time, Innova may need to perform maintenance on or upgrade the Software, Products or Services or the underlying infrastructure that enables you to use the Software, Products or Services. This may require Innova to temporarily suspend or limit your use of some or all of the Software, Products or Services until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Innova will attempt to publish the time and date of such suspension or limitation on the applicable Innova Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Products or Services.
5.5 No certainty about results, solutions and answers. Accurate results, solutions and answers cannot be guaranteed from the Software, Products and Services and You acknowledge and agree that: (i) Innova is not required to offer accurate results, solutions and answers; (ii) it is your responsibility to interpret said results, solutions and answers with the given inherent uncertainty (of the results, solutions and answers).
5.6 Content of Social Communications. Innova is not the source of, does not verify or endorse and takes no responsibility for the content of social communications made using the Software, Products or Services. By using the Software, Products or Services, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Software, Products or Services. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. Innova reserves the right (but shall have no obligation) to review content for the purpose of enforcing these Terms. Innova may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Software, Products, Services, Innova employees, or its customers, or otherwise enforce these Terms. Further, Innova may in its sole discretion remove such content and/or terminate these Terms and your User Account if you use any content that is in breach of these Terms.
5.7 Social Communications: Notice and Take-Down. If Innova receives any notification that any material that you post, upload, edit, host, share and/or publish on Innova Websites or through the Software or Products or Services (excluding your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if Innova wishes to remove your User Submission for any reason whatsoever, Innova reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by Innova in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Innova is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us. Innova reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
5.8 Quality. Innova cannot guarantee that the Software, Products or Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your use of the Software, Products (depending on the Products used) or Services, including but not limited to: your equipment, your local network, firewall, your internet service provider, the public internet, and your power supply. Innova takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
5.9 Changes. Innova is constantly improving the Software, Products and Services, and may change them at any time. Additionally, there are reasons why Innova may stop providing the Software, Products and Services (or portions thereof) including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, external issues arise that make it imprudent or impractical to continue, or any reason set out in paragraph 11.2. As a result of such changes, you may need to use an upgraded version of the Software, Products, Services and/or third party software and/or equipment. Technical requirements for use of Software, Products and Services, and feature descriptions are available on the applicable Innova Website (to the reasonable extent possible). If you do not agree with any changes to Software, Products and Services you may terminate your relationship with Innova in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Software, Products and Services. In addition, you acknowledge and agree that certain Software, Products and Services may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the relevant Innova Website for details of the most up-to-date usage restrictions that apply to the Software, Products and Services that you are using.
5.10 Unsolicited Ideas. Innova does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to Innova through Innova Websites or otherwise, you acknowledge and agree that Innova shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
5.11 Surveys and Reports. Certain parts of the Software, Products or Services may ask for opinions, suggestions or problem reports (“Reports”). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of Innova. Innova shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to Innova will not be treated as confidential and Innova shall not be liable for any disclosure of the Reports.
5.12 Linking. You may link to a Innova Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Innova where none exists. You may not frame Innova Websites or otherwise allow Innova Websites to be displayed on any other site (through deep linking, in-line linking or otherwise). Innova may revoke the permission to link to the Innova Websites at any time at its sole discretion and will notify you in this respect.
6.1 User Account. Prior to your first use of the Software, Products or Services, you may be asked to create a User Account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Software, Products and Services through your User Account (if applicable). You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorised use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. Innova takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.
6.2 Lawful Use. You must use the Software, Products and Services in accordance with the laws of where you are located. There may be certain legal and other restrictions on the download and use of the Software, Products and/or Services. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or Services.
6.3 Prohibited Use. You may not:
(a) intercept or monitor, damage or modify any communication which is not intended for you;
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, Services, communication or protocols;
(c) send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the Software, Products or Services for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Software, Products or Services to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or
(g) collect or harvest any personally identifiable information, including account names, from the Software, Products or Services;
(h) impact or attempt to impact the availability of the Software, Products or Services for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or Services. Notwithstanding the foregoing, you agree that Innova grants to the operators of public search engines permission to use spiders to copy materials from Innova Websites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Innova reserves the right to revoke these exceptions at any time.
6.4 User Submissions. Please exercise respect when participating in any features of the Software, Products or Services such as forums, blogs, email functions, video hosting, sharing and/or publishing or any other function of the Software, Products or Services which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using Software, Products or Services you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Innova has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the Services or through the Software or Products; (iii) Innova does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) Innova is not responsible for any User Submissions that you may have access to through your use of the Software, Products or Services, and all User Submissions are the responsibility of the person from whom such User Submissions originated. Innova does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.
In connection with your User Submissions, you represent and warrant that you:
(i) own or have the necessary licenses, rights, consents, and permissions to use and authorise Innova to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and
(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.
Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you choose to upload or post User Submissions to/through the Software or Products or Services (excluding Reports and excluding the content of your communications) you automatically grant Innova a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trade marks associated therewith, in connection with the Software, Products and Services including for the purpose of promoting or redistributing part or all of the Software, Products and Services, in any and all media now known or hereafter devised. You also hereby grant each user of the Software, Products and Services a non-exclusive license to access your User Submission through the Software, Products and Services and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the Software, Products and Services and pursuant to these Terms. In addition, you waive any so-called “moral rights” in and to the User Submissions, to the extent permitted by applicable law.
You may not submit or publish through the Software, Products or Services any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the Software, Products or Services with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the Software, Products or Services, or features that prevent or restrict the use of any content thereof.
6.5 Your Information. From time to time, Innova may request information from you for the purpose of providing/supplying the Software, Products or Services to you. You shall ensure that any such information is complete, up-to-date and accurate.
6.6 No Reselling. The Software, Products and Services are for your individual use. You shall not resell or commercialise the Software, Products or Services to any third party.
6.7 Export Restrictions. The Software, Products and Services may be subject to international rules that govern the export of said. You shall comply with all applicable international and national laws that apply to the Software, Products and Services as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations.
7.1 The Software, Products and Services contain proprietary and confidential information that is protected by intellectual property laws and treaties.
7.2 Entire contents of Software, Products and Services: Copyright (c) 1994-2016 Innova Financial Solutions ApS. All rights reserved.
7.3 The content and compilation of content included in the Software, Products and Services, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Innova, its affiliates or licensors and are protected by United States, EU, and international copyright laws. Such copyright protected content cannot be reproduced without Innova’s express permission. Innova reserves all rights not expressly granted in the Software, Products or Services.
7.4 Innova and/or its licensors retain exclusive ownership of the Software, Products and Services and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardise, limit or interfere with Innova’s intellectual property rights in the Software, Products and/or Services.
7.5 "RiskButler.com", "1-click Predict", "Visual NetX", "Derivatives Expert", “Innova”, associated trademarks and logos are trademarks of Innova. Innova may have registered and filed applications to register its trademarks in countries worldwide. Innova’s trademarks and trade dress may not be used in connection with any product or service that is not Innova’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Innova. All other trademarks not owned by Innova or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Innova’s intellectual property (in whole or part) or that is confusingly similar thereto.
8.1 Subscriptions. These are charged as upfront charges for applicable subscription time periods. Innova may change the subscription rates at any time without notice to you by posting such change on relevant Innova Websites. The new subscription rates will apply to you on first upcoming (next) charge, after the new rates have been published. If you do not agree with the subscription rate changes you may terminate your relationship with Innova in accordance with paragraph 11. Innova may at its full discretion postpone a period's charge to next coming period if deemed relevant by Innova.
8.2 Charges. Charges will be confirmed to you before you complete a purchase from Innova and will include a charge for your Software or Paid for Products or paid for Services, and a charge for Taxes. Innova may change the charges payable for the purchase of said at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of Software or Paid for Products or paid for Services. The new charges will apply to your next purchase after the new charges have been published.
8.3 Promotional Offers. From time to time, Innova may offer Software or Products or Services for free for a trial period. Innova reserves the right to charge you for such (at the normal rate) in the event that Innova determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any false identify, service, proxy or other devices or anonymous IP address that prevents us from identifying or locating you.
8.4 Tax Payment (if applicable). Innova cannot guarantee to charge appropriate VAT or other duties if you are located outside the EU, and you agree that it remains your own responsibility to abide to your relevant tax-rules within your own jurisdiction. If done, taxes are calculated based on the tax laws of your jurisdiction which is based on the address (location) you have registered in your Innova account.
8.5 Third-Party Charges (if applicable). Using the Software or Products or Services on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
9.1 Payment methods. Innova will make a payment method available to you. Innova reserves the right to remove or amend the available payment methods at its sole discretion.
9.2 Recurring Payments. Where you purchase Software or Paid for Products or paid for Services on a subscription basis, you acknowledge and agree that you are authorizing recurring payment and payments shall be made to Innova by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by Innova. By authorizing recurring payments, you are authorizing Innova to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Innova or its service providers reserve the right to collect any applicable return item, rejection or non-sufficient funds fee and to process any such payment as an Electronic Payment.
10.1 When you purchase Software or Paid For Products or paid for Services directly from Innova you will be entitled to a cancellation period of fifteen (15) days (a “Cooling-Off Period”), unless you have made use of said in any way, in which case the Cooling-Off Period will be extinguished and your purchase cannot be cancelled or refunded.
10.2 Outside of the Cooling-Off Period, only subscriptions are refundable unless used or expired.
10.3 The Cooling-Off Period and refunds do not apply to Software or Paid For Products or paid for Services that are (i) purchased via a third party partner of Innova (please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund), (ii) not directly acquired online from Innova Websites, (iii) paid for in cash using third party payment methods (such as a cash payment wallet).
10.4 If you believe that Innova has charged you in error, you must contact Innova within 90 days of such charge. No refunds will be given for any charges more than 90 days old.
10.5 Innova reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (ii) if you are in breach of these Terms, (iii) if Innova reasonably suspects that you are using our Software or Products or Services fraudulently or that your User Account is being used by a third party fraudulently, or (iv) if Innova has not received your payment.
10.6 This refund policy does not affect your statutory rights.
11.1 You may terminate your relationship with Innova at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or Services and cancelling any recurring payments.
11.2 Innova may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or Services at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) if Innova reasonably suspects that you are using the Software, the Products and/or Services to break the law or infringe third party rights;
(c) if Innova reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.
(d) if Innova reasonably suspects that you are using our Products, Software and/or Services fraudulently or that your User Account is being used by a third party fraudulently;
(e) if you have purchased such from an unauthorised reseller;
(f) in respect of a particular Product, on thirty (30) days’ notice if Innova decides to cease offering that Product;
(g) immediately, if (in Innova’s reasonable discretion) required due to a change in or adverse interpretation of laws/regulation or where required by a regulator or authority with a lawful mandate, or by any of Innova’s partners;
(h) immediately, if Innova determines, in its sole discretion, that any Software, Product or Service infringes or violates, or may infringe or violate, any intellectual property or proprietary rights of any third party;
(i) on thirty (30) days’ notice if Innova decides to cease offering the Software to users in your jurisdiction generally.
11.3 Innova shall effect such termination by preventing your access to your User Account, the Software, Products and/or Services (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
11.4 Consequences of Termination. Upon termination of your relationship with Innova: (a) all licenses and rights to use the Software, Products and/or Services shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or Services; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
12.1 For the purposes of this paragraph 12, "Innova" includes its subsidiary companies, affiliated legal entities and all their directors, officers, agents, licensors and employees (whether free-lance, consultant, part-time, full-time or otherwise directly associated).
12.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER, YOU ARE RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF SAID;
INNOVA DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE.
INNOVA FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT DATA LOSS, NOR DOES INNOVA WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALCULATIONS MADE THROUGH THE SOFTWARE NOR THAT KNOWN DEFECTS ARE CORRECTED.
IN ADDITION TO THE FOREGOING, YOU SHOULD RECOGNIZE THAT ALL COMPLEX SOFTWARE SYSTEMS, PRODUCTS AND SERVICES, AND THEIR DOCUMENTATION CONTAIN ERRORS AND OMISSIONS. INNOVA SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR PROVIDING INFORMATION ON OR CORRECTIONS TO ERRORS AND OMISSIONS DISCOVERED AT ANY TIME IN SAID, WHETHER OR NOT INNOVA ARE AWARE OF THE ERRORS OR OMISSIONS. INNOVA DOES NOT RECOMMEND THE USE OF THE SOFTWARE, PRODUCTS AND SERVICES FOR APPLICATIONS IN WHICH ERRORS OR OMISSIONS COULD THREATEN LIFE, INJURY OR SIGNIFICANT LOSS.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH IS EXPRESSLY DISCLAIMED.
These warranties give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion or limitation may not apply to you. In that event such warranties are limited in duration to the warranty period (if applicable). In any case, a specific warranty period expires when specific Software, Products or Services are no longer available. No warranties apply after that period.
12.3 No Liability. YOU ACKNOWLEDGE AND AGREE THAT INNOVA WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO INNOVA, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE, PRODUCTS OR SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE, PRODUCTS OR SERVICES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE, PRODUCTS AND SERVICES.
12.4 Limitation of Liability. Subject to paragraphs 12.2 and 12.3 above, Innova shall not be liable to you, whether in contract, fundamental breach, misrepresentation, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Innova, for:
(a) any indirect, special, incidental or consequential damages; or
(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
(c) any damage to or corruption of data (whether direct or indirect); or
(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:
(i) your inability to use the Software, Products or Services;
(ii) the limitations set out in paragraph 5.5 above, and your failure to interpret results in accordance with paragraph 5.5 above;
(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:
(i) any software, product or service provided by a third party under their own terms of service, including without limitation third party data, documentation, knowledge, reports, services, hardware and software;
(ii) any Other Technology; or
(iii) any third party website.
12.5 Subject to paragraphs 12.3 - 12.4 above, Innova’s total liability to you under or in connection with these Terms (whether in contract, fundamental breach, misrepresentation, tort (including negligence) or any other theory of liability) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT RECEIVED FROM YOU FOR YOUR USE OF SOFTWARE, PRODUCTS OR SERVICES IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF USD 5,000 IN ALL CASES.
12.6 Notwithstanding anything to the contrary in these Terms, the limitation of liability set forth in paragraph 12.5 above shall not apply to any claim for which liability cannot be limited under applicable law.
12.7 You agree to indemnify and hold harmless Innova and its affiliates, and each of their respective officers, directors, shareholders, employees and representatives (collectively, the “Innova Indemnified Parties”) from and against any and all claims, judgments, losses, damages, demands, payments, fines, costs, expenses (including reasonable attorneys’ fees and court courts), liabilities and recoveries of any nature or description incurred by any Innova Indemnified Party to the extent arising from or relating to (i) your breach of any of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions; (v) your complaint in relation to any User Submission; or (vi) your use of any Software, Product or Service.
13.2 You acknowledge and agree that any third-party software, product or service information and pricing that is shown on a Innova Website regarding said is given to Innova by the applicable third-party merchant (“Merchant”). The Merchant has the ability to change its pricing or terminate its software, product or service availability at any time. Innova is not involved in any transactions between you and any Merchant whose software, product or service is listed on a Innova Website. Innova does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of software, product or service provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the software, product or service purchased on the Merchants’ website; (iii) the availability of the Merchant’s website; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ website, nor any listing or other content about such software, product or service displayed on a Innova Website; (v) links to the Merchants’ website that are featured on a Innova Website. Any questions, complaints, or claims related to any software, product or service provided by a Merchant should be directed to the applicable Merchant.
13.3 The Software, Products and Services may include hyperlinks to other third-party websites. Innova is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third-party websites. Your use of each of these third-party websites is subject to the terms and conditions posted on the applicable website.
14.1 The Innova Etiquette provides guidelines on how to treat the other members of Innova’s community properly and respectfully. Please read these guidelines carefully which form part of the Terms.
14.2 Software Development Kits and APIs. Software development kits provided through Innova Websites and the use of any application program interface (“API”) exposed or made available by Innova are subject to their own licensing terms in which case such licensing terms will govern your use of that software. If you use any such software development kit or API (as applicable) you agree that you have read and will comply with the applicable licensing terms.
16.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Innova.
16.2 For your convenience, Innova may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with Innova.
16.3 These Terms constitute the entire agreement between you and Innova with respect to your use of the Software, Products and/or Services and replace any prior agreements between you and Innova with respect to the Software, Products and/or Services.
16.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms. Paragraph 16.9 prevails over this paragraph if inconsistent with it.
16.5 The failure by Innova to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Innova’s right or remedy. If Innova waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
16.6 You may not assign these Terms or any rights or obligations contained in them. Innova may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
16.7 This paragraph 16, along with paragraphs 4.2, 12 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
16.8 You acknowledge and agree that if Innova is unable to provide the Software, Products and/or Services as a result of a force majeure event, Innova will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of Innova.
16.9 Choice of Law and Venue. ANY DISPUTES OR CLAIMS FOR COMPENSATION AGAINST INNOVA FINANCIAL SOLUTIONS APS SHALL BE SOLVED IN DENMARK ACCORDING TO LAW OF THE KINGDOM OF DENMARK.
These Terms shall be governed by and interpreted in accordance with the laws of the Kingdom of Denmark
16.10 One-Year (1 Year) Deadline for Claims or Disputes. To the extent permitted by law, any claim or dispute that you may have relating to the Software, Products, or these Terms must be filed within one (1) year in court or in arbitration. The one-year period begins when the claim or dispute first could be filed. If your claim or dispute is not filed within one (1) year, it is permanently barred.
17.1 User Account
(a) Innova may allow you (if applicable) to identify yourself through specific third party log-on (sign-in) API's on Innova's Websites where e.g. your email address is an identifier or the key identifier. However at first time user registration further information may be required by Innova such as payment information, your full name and address.
(b) You acknowledge to keep your User Account information up to date.
(c) Other practices may be relevant in determining Legitimate User Account use and Innova reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Innova may at its option, end its relationship with you, if it determines you are in breach of these Terms. Where reasonable, Innova will provide you with notice of improper usage before suspension or termination of your subscription and, if appropriate, Innova may offer you an alternative subscription.
18.1 This paragraph applies if you select a third-party payment system that enables you to pay for certain Paid for Products via your mobile phone bill where applicable (“Pay by Mobile”).
18.2 By selecting or using Pay by Mobile:
(a) You authorise your mobile phone carrier to bill you directly for any applicable charges; and
(b) You represent that you are the person or entity responsible for the mobile phone account associated with the mobile number you provide when using Pay by Mobile, or are authorised by that person or entity to incur such charges.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.
BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS OR SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO INNOVA THE RIGHTS SET FORTH HEREIN.
This website is provided to satisfy the virtual patent marking provisions of various jurisdictions including the virtual patent marking provisions of the America Invents Act.
The following Innova Software, Products and Services are protected by patents in the USA and elsewhere.
RiskButler.com (https://riskbutler.com/new/) Patent Pending.
United States US 61/951,554. Filed March 12, 2014. United States US 14/645,386. Filed March 11, 2015.
"A method to model legal entities and portfolios, and a prediction method and service - utilising said - to provide, make and manage predictions of future values of financial portfolios."
2. Third party login and analytics, and cookies
This website may use:
collectively ("Login"). Login uses "cookies" which are text files placed on your computer to enable a secure Login process. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Facebook/Google/LinkedIn on their servers.
This website may use:
collectively ("Analytics"). Analytics uses "cookies", which are text files placed on your computer to help the website analyse how visitors use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Facebook/Google/LinkedIn on their servers. Facebook/Google/LinkedIn will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Facebook/Google/LinkedIn may also transfer this information to third parties where required to do so by law, or where such third parties process the information on their behalf.
BY USING SOFTWARE, PRODUCTS AND SERVICES, YOU CONSENT TO THE PROCESSING OF DATA ABOUT YOU BY GOOGLE/FACEBOOK IN THE MANNER AND FOR THE PURPOSES SET OUT ABOVE.
3. Facebook related applications (if applicable)
Innova Websites may include a community (e.g. allowing users to communicate with each other), and members of a community must respect each other as human beings.
Please go to Inhope’s site if you would like information on reporting illegal use and content on the internet.
Innova asks that you do not:
Address all legal inquiries by email to legal@ifs or written mail to:
Innova Financial Solutions ApS
DK-1437 Copenhagen K
If you contact Innova by any means other than as set out above your request may not be received and acknowledged. To ensure that your request has been received and acknowledged by Innova ensure that you have received a response-receipt from Innova acknowledging the receipt of your request, otherwise please contact Innova again.