2. Changes to Empirico
We may discontinue or change any service or feature on Empirico at any time without notice. Exceptions to this should be agreed to in writing and usually refer to corporate/enterprise level contracts.
3. Ownership of information / License to use Empirico / Redistribution of data
Unless otherwise noted, all rights, titles, and interests in Empirico, and all information made available through Empirico or our services, in all languages, formats, and media throughout the world, including, but not limited to, all copyrights and trademarks therein, are the exclusive property of Empirico, our affiliates or our Data Providers, as defined in section 6 (disclaimer regarding content) below.
All rights, title and interest in and to any data or/and other information provided by WellD Sagl (WellD), and all such data/information made available by WellD Sagl (WellD) through Empirico or our services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are the property of WellD Sagl (WellD), our affiliates or our Data Providers (as applicable).
You may not use any data mining, robots or similar data gathering and extraction tools on the Empirico content, frame any portion of Empirico or its content, sublicense, assign, transfer, sell, loan, or otherwise distribute for payment the Empirico content without our prior written consent. You may not circumvent any mechanisms included in the Empirico content for preventing the unauthorized reproduction or distribution of the Empirico content. For additional information on commercial and partnership inquiries with us, please see the Contacts page.
Except as otherwise expressly permitted by the preceding paragraph, you agree not to sell any of the services or materials in any manner or for any purposes, without the prior expressed written consent of Empirico and/or our Data Providers. In addition, you shall not, without the prior expressed written consent of Empirico and the relevant Data Providers, make copies of any of the software or documentation that may be provided, electronically or otherwise, including, but not limited to, translating, decompiling, disassembling or creating derivative works.
Except as otherwise expressly permitted by additional agreement, we do not permit commercial usage of any of our services or APIs. We make no warranty and assume no obligation or liability for third party services or software. Please see section 18 (third party software) below for further information.
Empirico grants all users of empirico.finance, and all other available versions of the site, to use snapshots of Empirico outputs in analysis, press releases, books, articles, blog posts and other publications. In addition, Empirico grants the use of all previously mentioned materials in education sessions, the display of Empirico outputs during video broadcasts, which includes overviews, news, analytics and otherwise use or promote Empirico charts or any products from the Empirico website on the condition that Empirico attribution is clearly visible at all times when such charts and products are used.
Attribution must include a reference to Empirico, including, but not limited to, those described herein.
Use of Empirico outputs during video or other promotions where Empirico attribution is not visible, must include a description of the product used therein. Font size of attribution should not be less than 10 PT = 13PX = 3.4MM.
The use of any Empirico products outside the Empirico website, without a proper attribution of Empirico, is not allowed. This extends to any tools (such as widgets) obtained on the Empirico website and utilized on the outside resources, where attribution should remain as was originally designed and intended. Users who disobey this attribution rule herein may be banned permanently, and other legal actions may be taken to ensure compliance. This includes, but is not limited to, cease-and-desist warnings, court orders, injunctions, fines, damages relief, and so on.
5. Third party sites and advertisers
Empirico may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You agree that Empirico shall not be held liable for any trading activities or other activities that occur on any website you access through links on Empirico. We provide these links as a convenience, and do not endorse the content or services offered by these other sites. Any dealings that you have with advertisers found on Empirico are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
Unauthorized soliciting on Empirico is strictly prohibited and may result in penalties, including, but not limited to, temporary or permanent bans of the account found in violation, and any appropriate and available legal action for monetary and other damages.
6. Disclaimer regarding content
TradingView cannot and does not represent or guarantee that any of the information available through our services or on Empirico is accurate, reliable, current, complete or appropriate for your needs. Various information available through our services or on Empirico may be specially obtained by Empirico from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers, who are believed to be sources of reliable information (collectively, the “Data Providers”). Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through our services and website are not and cannot be guaranteed by Empirico. We make no warranty and assume no obligation or liability for scripts, indicators, ideas and other content of third parties. Your use of any third-party scripts, indicators, ideas and other content is at your sole risk.
7. Disclaimer regarding investment decisions and trading
Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of “Day Trading” involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through Empirico or our services.
8. Disclaimer regarding hypothetical and historical performance results
Hypothetical and Historical performance results have many inherent limitations, some of which are mentioned below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program. Regarding Historical performance, by using Empirico you signify to be aware that past performance is not necessarily an accurate representation of future performance.
9. Registered users
In consideration of your use of the Empirico website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Empirico services under the laws of Switzerland or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Empirico’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Empirico has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Empirico has the right to suspend or terminate your account and refuse any and all current or future use of the Empirico services (or any portion thereof).
You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to your content. If you use third-party materials, you represent and warrant that you have the right to distribute third-party material in the content. You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material.
10. Non-Professional subscriber status
Empirico reserves the right to ask you to declare your professional status. Unless you confirm, under your personal responsibility, that you are a professional investor/advisor or the representative of a registered financial institution, you recognize that the status of non-professional subscriber entails what follows.
- You use market data solely for personal use, not for your business or any other entity.
- You are not registered or qualified with the Swiss Financial Market Supervisory Authority (FINMA) or other official register of professional investors and advisors.
- You are not registered or qualified with any securities agency, any securities exchange, association or regulatory body in any country.
- You do not perform any functions that are similar to those that require an individual to register or qualify with the aforementioned authorities or regulatory bodies.
- You are not engaged as an investment advisor or asset manager and you are not engaged to provide investment advice to any individual or entity.
- You are not subscribing to the service in your capacity as a principal, officer, partner, employee, or agent of any business or on behalf of any other individual.
- You use your own capital, not provided by any other individual or entity in the conduct of your trading.
- You do not conduct trading for the benefit of a corporation, partnership, or other entity.
- You have not entered into any agreement to share the profit of your trading activities or receive compensation for your trading activities.
- You are not receiving office space, equipment or other benefits in exchange for your trading or work as a financial consultant to any person, firm or business entity.
11. Raw and Derived Data
Our proprietary algorithms generate derived data from raw data provided by third-party Data Providers. Derived data should be treated as property of Empirico, unless otherwise specified.
Raw data come from external providers. Empirico does its best effort to assure data quality. However, if you use Empirico you acknowlerdge that Empirico itself shall not be deemed responsible for inaccuracies in raw data.
12. Access and security
You accept responsibility for the confidentiality and use of any username and email address used to register for your access to and use of our services. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Empirico of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Empirico cannot and will not be liable for any loss or damage arising from your failure to comply.
13. Payment and cancellation of service
- The early version(s) of Empirico are free of charge and can be canceled at any time by the user or by us. In this latter case, we will notify you and provide you with the available upgrading options.
- Each user can try any paid plan for 30 days free of charge. If the trial is not canceled before its expiration date, it automatically converts to a monthly or annual paid plan depending on the user’s choice. There are no refunds for monthly plans, even if the subscription is canceled on the same day as the autoconversion payment has gone through. Refunds are available only after an automatic deduction for annual payments (i.e. after trial and after renewal) within 14 calendar days after the payment was made. Please note that users who filed a chargeback/dispute request or a claim are not eligible for a refund.
- The service is billed in advance on a monthly, annual, or other available option. There will be no refunds or credits for partial months of service, or refunds for months unused with an open user account. If auto renewal fails for an annual plan you will automatically be switched to a monthly plan.
- All billing is recurring, which means you will continue to get billed until you cancel your subscription. You are solely responsible for properly canceling your Empirico subscription. An email request or support ticket asking for your subscription to be canceled is not considered cancellation. You may cancel your subscription at any time by visiting the billing section of your Profile Settings page.
- If you cancel the service before the end of your current paid up period, your subscription will remain active until the next due date. After the due date, if no payment is received, your subscription will be stopped.
- We do not offer refunds for initial payments. If you order the service for the first time, please make sure that the order is correct before the payment is made.
- We do not offer refunds for recurring monthly payments. If you have been billed for automatic monthly renewal of the Service, you can cancel the subscription to avoid billing for next months.
- We do not offer refunds for upgrades to a more expensive plan or a longer billing cycle. Remaining days are converted into an equivalent value of days on the new subscription.
- We offer refunds for recurring annual and multi-year payments on demand. If you have been billed for automatic annual and multi-year renewal of the service, you have 14 calendar days (after the payment was made) to contact our support team. If you don’t do this, Empirico assumes that renewal of the service is expected and the payment will not be refunded.
- Refunds are available only after an automatic deduction for annual payments (i.e. after trial and after renewal) within 14 calendar days after the payment was made.
14. Feedback to Empirico
By creating an account with Empirico, you agree that Empirico can use your email address to send you marketing materials, service-related notices, important information messages, special offers, etc. You can unsubscribe from this by clicking on the link provided in the emails.
18. Third Party Software
Any output of Empirico algorithms and / or information reported on the Website do not constitute investment advice. The Website should not be relied upon as a substitute for extensive independent market research before making your actual trading decisions. Opinions, market data, recommendations or any other content is subject to change at any time without notice. Empirico and its owner WellD Sagl will not accept liability for any loss or damage, including without limitation any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
We do not recommend the use of technical analysis as a sole means of trading decisions. We do not recommend making hurried trading decisions. You should always understand that past performance is not necessarily indicative of future results.