SOFTWARE TERMS OF USE (March 2021)

Please read carefully the present terms of use (the “Terms of Use” or “Terms”) when choosing to use one of SEQVOIA’s services. These services currently include fundD, summit, iPlus, Library, and readi, commonly, separately and collectively referred to as the “Software”.

The purpose of these Terms of Use is to inform you of the context under which you may access the Software.

Legal information 

The Terms of Use is provided to you by SEQVOIA as owner of the Software. 

Contact details: 

  • SEQVOIA (“SEQVOIA”)
    Société anonyme
    Registered office: 13-15, Parc d'Activités
    L-8308 Capellen
    Grand Duchy of Luxembourg 
    Registration number RCS Luxembourg B 172.001 

 

Any reference to “we” or “us” or “our” in these Terms of Use refers to SEQVOIA.

The Software is restricted to authorised users only. Anyone who attempts to gain unauthorised access, or exceed authorised access, to the Software could be subject to criminal and civil penalties and/or administrative action. If unauthorised, do not try to access the Software or terminate access immediately!

The reference to “your organisation” or “the organisation granting you access to the Software” in these Terms of Use, refers to the company that entered into an Agreement with SEQVOIA to use the Software (“Customer”) and under whose authority and on whose behalf you will access and use the Software.

The reference to “you” in the Terms of Use refers to a person accessing the Software and who has not entered directly in an Agreement with SEQVOIA to use the Software. Please note that this reference includes the event where SEQVOIA grants access to one or several individuals for a limited duration, without a formal Agreement with these persons or their organisation.

These Terms of Use incorporate by reference the terms and provisions of SEQVOIA’s General Privacy Notice.

The user may exercise the rights set out in the Privacy Notice by written request emailed to info@seqvoia.com with cc to support@seqvoia.com (the “Contact Email”). 

Knowledge of the Agreement between SEQVOIA and the Customer

By signing into SEQVOIA’s Software, you acknowledge having been informed by the Customer of the Terms of the Agreement (pertinent as to the use of the Software and related Services).

In the event where these Terms of Use contradict or do not match the Agreement between SEQVOIA and a Customer, the Agreement shall be considered as the final rule.

In the event where you access SEQVOIA’s Software after a direct arrangement with SEQVOIA, without falling under the Agreement of a Customer with SEQVOIA, you acknowledge that your access is only temporary and that it can be terminated by SEQVOIA at any point in time. You also acknowledge the rules laid out in the Terms of Use with regards to the use of the Software and related Services as well as the confidentiality of your access credentials.

How to access the Software? 

You have been granted access to the Software either by SEQVOIA or by an Administrator of a Customer. You will receive a set of initial credentials (login and password). Each set of credentials shall be personal and unique to a relevant User and may not be used by another User.

Each set of credentials for fundD may only be used simultaneously on one device.

Each set of credentials for summit may be used simultaneously on multiple devices (notably to access the mobile version of the application).

If you have not been granted access to the Software but believe you should have access to it, please contact SEQVOIA or an Administrator. Should you contact SEQVOIA, SEQVOIA will liaise with the Customer in order to confirm your right to use the Software in the event where your request relates to an existing Agreement between SEQVOIA and a Customer.

What are the restrictions to the use of the Software? 

By signing in to SEQVOIA’s Software, you acknowledge that:

 

  • You shall use the Services and Software in accordance with all Applicable Laws. Any use or attempted use of the Software for any unlawful, unauthorised, fraudulent or malicious purpose is prohibited and can be subject to judicial actions if appropriate, notably in regard of the prevention, tracking down, recording and prosecution of criminal offences, including money laundering.

  • You shall ensure that your IT environment (including, without limitation, its information system, operating system, mobile device and Internet browser) is compatible with the Software. SEQVOIA will take no responsibility for configuring, or correcting the configuration, of your local computing environment.

  • For summit, you shall have a static IP, authorised in the Software, in order to access the Software.

  • You shall refrain from entering Personal Data, non-relevant to the delivery of the Services or with the rightful use of the Software, into the Software.

  • Your access credentials (username and password) are strictly confidential and you will not share them or cause them to be shared with any other person for any reason.

  • You shall never without prior written consent of SEQVOIA: 

    • Demonstrate the Software or share documentation or information from or about the Software to Third Parties.

    • Modify, translate, decompile, reverse engineer or disassemble the Software.

    • Produce derived works using the Software documentation or existing Software as source code in part or total.

  • You shall never without prior written consent of SEQVOIA, and when relevant the Customer, make any public announcements in relation to the user of the Software, or in relation to the Agreement between SEQVOIA and the Customer, save to the extent required by a ruling or other notice (having the force of law) of any regulator or legal authority, in which circumstances the announcement shall be agreed in advance by SEQVOIA and when relevant the Customer, such agreement not to be unreasonably withheld or delayed. 

 

In the event where SEQVOIA may identify any improper or unlawful use of the Software or any breach of this Terms of Use by you, SEQVOIA will immediately block your access to the Software, and when relevant will inform the Customer about the action taken to prevent you from accessing the Software and the reasons therefore.

Can I use other Services delivered by SEQVOIA? 

The Services provided by SEQVOIA include access to the Software and other related actions SEQVOIA can perform on behalf of the Customer and Users.

Some Services can be subject to Charges., In such event SEQVOIA will:

  • inform you of the incurred Charges, and

  • delay the delivery of the requested Services until confirmation is received from the Customer with regards to the scope of the Services and the associated Charges.

Privacy and data protection

We collect and treat personal data in compliance with the applicable data protection laws and regulations. You can read our Privacy Notice here: http://www.seqvoia.com/general-privacy-notice to understand what information we collect about you, the reasons why we process your personal data and your rights in this regard.

Our Software uses strictly necessary cookies for technical purposes.  Further details will be found in our Cookie Policy, available here: http://www.seqvoia.com/cookie-policy 

Definitions

Administrator” means the Customer’s point of contact that shall receive from SEQVOIA the initial set of sign in credentials in order to manage, establish and create the access rights to the Software for each User.  

 

Agreement” means the agreement between the Customer and SEQVOIA which allows the Customer to use the Services and Software provided by SEQVOIA. 

 

Applicable Law” means each law, enactment, order, regulation and mandatory or recognised industry code of conduct relating to the Services. 

 

Charges” means the charges for the provision of the Services to be paid by the Customer as set out in the Agreement. 

 

IT” means Information Technology. 

 

Person” means a corporation, association, partnership, joint venture, organisation, business, individual, trust or any other entity or organisation of any kind. 

 

Services” means the services, licenses and access rights to be provided by SEQVOIA to the Customer during the term of this Agreement in accordance with the provisions of this Agreement and as further defined in Schedule 3, including, as the case may be, the provision of the Software, and as such Services may be enhanced, amended, modified, deleted or otherwise altered from time to time in accordance with the Agreement. 

 

Sub-Contract” means any contract between the Supplier and any Third Party in respect of the provision of the Services and the terms “Sub-Contractor” and “Sub-Contracting” shall be construed accordingly.  

 

Third Party” means any Person other than the Customer, SEQVOIA or one of SEQVOIA’s Sub-Contractors. 

 

User(s)" means the users who are authorized via the Administrator (amongst the Customer’s personnel or Customer’s underlying clients) or directly by SEQVOIA to access the Software. 

Limitation of liability

You will accept full responsibility for all actions taken by you during your use of the Software. SEQVOIA will take no responsibility and accept no liability for any consequences that may arise from your violation of the Restrictions on Use set out above, including but not limited to improper entry of personal data into the Software, sharing of access credentials, inappropriate distribution of confidential data, or any other breach of these Terms.

Miscellaneous

These Terms are governed by Luxembourg law. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts of Luxembourg City.

SEQVOIA reserves in its sole discretion the right to revise and/or update these Terms (including the associated Privacy Notice) at any time.

If any term, condition, or provision of these Terms is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.