ETF Engine

Terms of Service

Effective Date: February 1, 2025

1. Acceptance of Terms

By accessing or using the website located at etfengine.cc (the "Site") and any services provided by ETF Engine Inc. ("ETF Engine," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Site or services.

2. Description of Services

ETF Engine provides digital infrastructure solutions for ETF issuers and asset managers, including but not limited to product page hosting, data management, analytics, distribution tools, and related services (collectively, the "Services").

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent. By using the Services, you represent and warrant that you meet these requirements.

4. User Accounts

Certain features of our Services may require you to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain the security and confidentiality of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

5. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable law or regulation
  • Infringe upon the intellectual property or other rights of ETF Engine or any third party
  • Transmit any malicious code, viruses, or harmful data
  • Attempt to gain unauthorized access to our systems, networks, or other users' accounts
  • Interfere with or disrupt the integrity or performance of the Services
  • Scrape, harvest, or collect data from the Services without our prior written consent
  • Use the Services to send unsolicited communications or spam

6. Intellectual Property

All content, features, functionality, trademarks, and other intellectual property on the Site and within the Services are owned by ETF Engine or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any of our intellectual property without our prior written consent.

7. Data and Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that any data you provide to us complies with applicable laws and regulations, including data protection and privacy laws.

8. Service Availability and Modifications

We strive to maintain high availability of our Services but do not guarantee uninterrupted, error-free, or secure access. We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

9. Fees and Payment

Certain Services may be subject to fees as described on our pricing page or in a separate agreement. All fees are non-refundable unless otherwise stated. We reserve the right to change our fees upon reasonable notice. Failure to pay fees may result in suspension or termination of your access to the Services.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ETF ENGINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.

12. Indemnification

You agree to indemnify, defend, and hold harmless ETF Engine and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

We may terminate or suspend your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in New York County, New York.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site with a revised effective date. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms.

16. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and ETF Engine regarding the Services.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17. Contact Information

If you have questions about these Terms, please contact us at:

ETF Engine Inc.
Email: info@etfengine.cc