- Acceptance of Terms of Use and Privacy Policy
By accessing and using the Quantca website (“Site”), you signify your acceptance of these Terms of Use and Privacy Policy and agree to comply with all applicable laws and regulations. If you do not agree to these Terms and Privacy Policy, you are prohibited from using or accessing this Site or the Services provided by Quantca Financial.
- Services
Quantca provides a range of investment advisory services, including financial analysis, market insights, and investment strategies. The content and services are subject to change or termination without notice. Content on the site includes concept and strategy analyses, and these analyses are not financial advice.
- Modification of Terms and Privacy Policy
You agree that the primary method of communication between you and the Company will be via Quantca posting updated terms and policies on the website, and that you are obligated to check the website to ensure your continued compliance with these terms and policies. Quantca reserves the right to modify these Terms of Use and Privacy Policy at any time without prior notice. The updated version will be made available on the Website, and continued use of the Site or Services constitutes acceptance of those changes.
- Collection and Use of Information
We collect various types of information, including information you provide directly to us and information we collect through your use of our website or services. This information is used to offer an enhanced user experience, improve the website, and provide customized services in compliance with this integrated Terms of Use and Privacy Policy. Information we collect is not sold to any 3rd party, and is only shared with 3rd parties when necessary to facilitate website functionality or the services we provide. Examples of this may include using a software service to facilitate communication to you, securely sharing registration information you provide us to the broker to help facilitate client account creation, or running an IP address through a 3rd party geolocation service as necessary to facilitate e-signature agreements.
- Communication Consent
When you provide your phone number and email address, you expressly consent to receive communications, including promotional messages, from Quantca via phone, email, or SMS. Your information will not be sold to third parties but may be shared with third-party CRM and contact/email/SMS software providers to facilitate communication. You have the right to opt-out of these communications at any time.
- Cookies
We use cookies to optimize the user experience, perform analytics, and deliver personalized content and advertisements. By using this Site, you consent to our use of cookies as described herein.
- Representations and Warranties
Each time you access the Site or use the content, you represent and warrant that you have the authority to accept and abide by these Terms of Use and Privacy Policy, and that these are your legal, valid, and binding obligations. You agree to use the Site and content in compliance with these and applicable laws.
- Disclaimer of Warranties
The services and content on the Site are provided “as is” and “as available.” Although Quantca strives to provide accurate information, there may be inadvertent inaccuracies or errors. Quantca and any third-party contributors disclaim all warranties, expressed or implied, including but not limited to accuracy, completeness, and fitness for a particular purpose. You assume the entire risk associated with the use of the Site, Services and content.
- Disclaimers
INVESTMENTS AND INVESTMENT MODELS ARE NOT PROTECTED BY FDIC INSURANCE, CARRY NO GUARANTEE, AND CAN LOSE VALUE. Securities investments come with their inherent risks, carrying the possibility of financial loss. It’s essential to be aware that historical performance, past earnings, and statistical forecasts do not assure or indicate future performance or returns. Past performance is not a guarantee of future results. Backtest and investment model performance is not a guarantee of future results. Trading carries risk. There are no guarantees. While backtests are used to validate the potential viability of investment models and algorithms, there are difficulties, risks and limitations to the modeling that include, but are not limited to, software limitations, incorrect market timing, data provider limitations, assumptions that orders can be filled at or near model execution prices, management fees, look-ahead bias, potential curve fitting, over-fitting, over-optimization, software bugs, an assumption of no technology failures and a potential of unforeseen consequences from algorithms interacting with varied market behavior. Backtests are simulated returns and not actual returns. Utilizing a financial service that trades short term behaviors carries different tax liability than holding investments for a year or longer. We are not tax advisors. For information about the tax consequences of shorter-term investments please consult with a qualified tax advisor.
- Backtesting and Investment Models
Quantca provides backtesting results on investment models for educational and informational purposes. These are not indicative of future performance or investment returns. The models are based on historical data and involve assumptions that may not be applicable in all market conditions. Model backtests are absent of management fees, which may vary over time and reduce the realized return of investment. Some backtesting platforms are also absent of dividends, which may vary over time and increase the realized return of investment. Quantca does not own or hold interest in the backtesting platforms it uses for investment analysis.
- Website is for Educational Use Only
The parts of the Platform or Website accessible to the public, meaning those sections not exclusive to individuals under a Client Agreement, are designated strictly for educational objectives and not meant to offer legal, tax, investment, or financial advice. Users of these public sections agree to conduct their own investment research and decision-making. They acknowledge not to depend on the Website as the principal source for their investment choices. Except as otherwise specified, Quantca assumes no liability for any actions taken rooted in the information obtained from the publicly accessible sections of the Website.
- Limitation of Liability
Quantca, its affiliates, and their respective officers, directors, employees, agents, suppliers, or licensors are not liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site or Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein.
- Indemnity
You agree to indemnify, defend, and hold harmless Quantca, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, demands, liabilities, costs, or expenses, including attorney’s fees, arising from your breach of these Terms of Use and Privacy Policy.
- Proprietary Rights
The Site and its services are protected by copyright laws and international treaties. Unauthorized reproduction, modification, or redistribution of the Site or content is prohibited without Quantca’s prior written consent. You agree not to decompile, disassemble, reverse engineer, or attempt to discover any source code contained in the Service. You are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting for any commercial purposes, any part of the Service. All trademarks, logos, and service marks displayed on the Site are the property of Quantca or other third parties. You are not permitted to use these Marks without the prior written consent of Quantca or such third party that may own the Marks.
- User’s Obligation to Provide Accurate Risk Profile Information
Users of the Quantca website agree to provide true, accurate, and complete information when filling out their risk profile on the Site. Each user acknowledges and agrees that they have the sole responsibility to ensure that the information provided reflects their financial situation, investment objectives, and risk tolerance accurately.
Users covenant that they will only utilize investment models and advice that align with their individual risk profiles and investment objectives. Under no circumstances will a user engage with, or rely on, investment models or strategies that exceed their stated risk tolerance or are inconsistent with their financial goals and situation.
Users understand that failure to provide accurate information regarding their risk profile can result in investment advice that is not tailored to their specific needs, circumstances, and objectives. Users agree to hold Quantca harmless from any losses, damages, or liabilities arising out of or related to the use of investment models or strategies that do not align with the user’s actual risk tolerance, financial situation, or investment objectives due to inaccuracies in the provided risk profile information.
- Governing Law
These Terms of Use and Privacy Policy shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
- Entire Agreement
These Terms of Use and Privacy Policy, together with any supplemental agreements, constitute the entire agreement between you and Quantca regarding your use and access to the Site and content.
- Limitation on Claims
You must commence any cause of action you may have with respect to the Site or Services within one year after the claim or cause of action arises.
- Consent to Arbitration
You and Quantica Financial (“the parties” for this section) concur that all disputes or claims that may emerge, associated with your engagement with the public portions of the Platform, will be resolved through mandatory, binding arbitration overseen by AAA – American Arbitration Association, adhering to its Arbitration Rules and Procedures. The coverage of this arbitration agreement extends to all disputes concerning the execution, interpretation, or violation of these Terms and Conditions.
The arbitration will incorporate Dover, Delaware’s substantive law for all state law claims. The process allows limited discovery, in line with AAA’s rules, and prohibits the arbitrator from granting punitive or exemplary damages unless specifically mandated by law for the claims being made. The arbitrator’s decisions will be documented, detailing the resolution of each claim and any awarded relief but will exclude detailed findings or legal conclusions. You acknowledge the limited grounds for appeal under the law and willingly forfeit your right to a jury trial.
Time limitations for initiating claims are upheld in this arbitration process. If a claim would be invalidated due to time restrictions in court, it will similarly be invalidated in arbitration. The final decision of the arbitrator(s) is conclusive and binding and can be validated in any court with jurisdiction, following the U.S. federal laws including the Federal Arbitration Act. The expenses incurred during the enforcement of the award will be borne by the party opposing it.
Regardless of your location when a dispute arises, you consent to the following: Arbitration hearings will be conducted in Dover, Delaware. The courts within the State of Delaware, United States, have the jurisdiction to interpret and enforce these arbitration provisions as stated in the Terms and Conditions. The arbitration will be conducted in English unless otherwise agreed upon by both parties. This arbitration agreement is binding on you, your heirs, executors, administrators, representatives, successors, and assigns.
- Waiver of Class Action
You expressly agree that any arbitration or legal proceedings will be conducted solely on an individual basis and not as a class action or other representative action. There is no permission to arbitrate or litigate any claim as a class action or in a representative capacity. You acknowledge that claims can only be brought against us in your individual capacity, not as a plaintiff or member in any class or representative action.
- Severability and Amendment
If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be deemed modified to the extent necessary to make it enforceable, or if that is not possible, it shall be deemed severed from this Agreement. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. Quantca Financial reserves the right to amend this Agreement at its discretion. Any amendments will become effective and binding on the Client once they are published on Quantca Financial’s website or otherwise made available to the Client. The updated terms will govern the relationship between the Client and Quantca Financial throughout the entire term of this Agreement.
- Final Note
Your acceptance of these Terms of Use and Privacy Policy, including the obligation to provide accurate risk profile information, is confirmed by your continued use of the Site. If you disagree with any part of these terms, your sole and exclusive remedy is to discontinue use of the Site.
