“Account” means an account created by the User on DAPM Mobile Application as part of Registration.
“Agreement” refers to the Portfolio Consolidation and Monitoring Agreement service agreement signed between the User and DAPM.
“Data Providers”: any market data provider or any service provider of the Client (other than DAPM) or related parties including nominees, shareholders, beneficial owners, persons or agents of the Client, or the Client itself, which have access to Transaction Data, Specific Instrument Data and Position Data and on which DAPM relies for the proper performance of the Services.
“Mobile Application” refers to DAPM’s Horizon application, made available to its clients via phone in complement to its Licensed Software.
“Intellectual Property Rights” refer to the patents, patent applications, utility models, trademarks, service marks, trade names, design rights, copyrights, Internet domain names, database rights, rights in software, inventions, know-how, trade secrets and other similar proprietary rights which may subsist in any part of the world, whether registered or not, including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.
“Licensed software” refers to DAPM’s online platform Horizon, made available to its clients via the Internet.
“Services” refers to the services provided by DAPM to the User described in the Portfolio Consolidation and Monitoring Agreement signed by the Parties. “User” means users of the Mobile Application and whom has received prior approval from DAPM before accessing the Mobile Application.
3.1. Use of the Mobile Application shall not be deemed to constitute an assignment or transfer of any Intellectual Property Rights from DAPM to the User.
3.2. DAPM and its licensors, if applicable, shall remain the sole owners of all Intellectual Property Rights in the Licensed Software and its Mobile Application or otherwise related to the Services.
3.3. The User expressly acknowledges DAPM’s ownership of all Intellectual Property Rights in the Licensed Software and its Mobile Application or otherwise related to the Services, including all reports, documents and other data generated by the Licensed Software, and that any use and/or disclosure to third parties thereof, other than as expressly permitted under this Agreement, will cause irreparable harm to DAPM. DAPM expressly reserves all remedies available to it at law and in equity in respect of any actual or threatened infringement of its Intellectual Property Rights, including the rights to claim damages and/or to seek injunctive relief.
4.1. By using the Application, the User represents and warrants that:
4.2. The User will be held accountable for his actions, conduct, and behaviour when using the Mobile Application.
5.1. DAPM warrants to the User that it shall undertake its best efforts to ensure the highest possible availability and functionality of the Mobile Application.
5.2. To the extent permitted under applicable law, the limited warranty according to Section 5.1 is exclusive and in lieu of any other warranties with respect to the Services and/or the Licensed Software, express or implied, including warranties of merchantability, fitness of the Services and/or the Licensed Software for a particular purpose or to achieve a specific target.
5.3. In particular, DAPM does not warrant the accuracy of any report or other document or information provided to the User within the remit of the Services that is established based on data and/or information provided by the Client or Data Providers or obtained from third parties. Such reports, documents and information are provided with no warranty of any kind.
5.4. DAPM maintains the right to delete or modify information on this Mobile Application without prior notice.
5.5. Use of the Application is at the User’s own risk.
6.1. DAPM shall be liable only for the actual and established damages incurred by the User in relation to the Agreement and the Services provided by DAPM thereunder or its use of the Mobile Application which are the direct cause of its grossly negligent acts or omissions or intentional misconduct.
6.2. DAPM shall not be liable for any damages arising from its simple negligence.
6.3. Furthermore, to the extent permitted under applicable law, DAPM disclaims any liability, for any consequential, indirect or punitive damages or any loss of revenue, loss, damage or destruction of data, or interruption or damage of software or hardware, arising from or related to the Services or the Client’s use of the Licensed Software or otherwise related to the Agreement, even if DAPM has been advised of the possibility of such damages or losses, subject to mandatory applicable law.
6.4. To the maximum extent permitted by law, it is agreed that the liability of DAPM for damages, regardless of the form of the action, shall not exceed the fees explicitly paid by the User for the sole use of the Mobile Application.
6.5. DAPM shall not be liable for any claim or demand against the User by a third party.
6.6. Nothing in the Services shall constitute or be construed as an offering of financial instruments or as investment advice or investment recommendations by DAPM. No aspect of the Services is based on the consideration of the User’s individual circumstances, and data, reports and other information available via the Services should not be considered as information sufficient upon which to base an investment decision. DAPM does not express an opinion on the future or expected value of any financial instrument or interest and do not explicitly or implicitly recommend or suggest an investment strategy of any kind. The Services shall not be construed as a fiscal or accounting advice and do not represent an audit opinion of any nature on the User, its Portfolio Structure, its Portfolios or any of its components.
8.1. DAPM reserves the right to suspend or terminate the User’s account at any time and for any reason with reasonable notice and without notice if the User breaches any of these Terms or if DAPM suspects the User of fraud or suspects that the account has been compromised in any way.
8.2. An account termination will result in the deactivation or disablement of the User’s account and access to it.