Terms of Use
Witten Advisors Insight Platform · Effective January 1, 2025
1. Agreement Structure
Access to the Witten Advisors Insight platform ("Platform") is governed by two agreements that together form the complete terms of your access:
- Master Services Agreement (MSA). Your organization has executed a written MSA with Witten Advisors LLC ("Witten Advisors"). That agreement governs the commercial relationship, data rights, confidentiality, payment, and other material terms. In the event of any conflict between these Terms of Use and the MSA, the MSA controls.
- These Terms of Use. These terms govern acceptable use of the Platform by individual users authorized under the MSA.
By accessing the Platform you confirm that your organization has an active MSA in good standing and that you are an authorized user under that agreement.
2. Authorized Use
The Platform and all data, reports, visualizations, and analytics it contains ("Content") are licensed, not sold. Your license is:
- Internal use only. Content may be used solely for your organization's internal business purposes as defined in the MSA.
- Non-transferable. You may not share, sublicense, sell, resell, or otherwise transfer access or Content to any third party.
- Personal credentials. Your login credentials are personal to you. You may not share them with any other person, inside or outside your organization.
- Scope-limited. Your access is limited to the geographic areas, data series, and features enabled for your organization under the MSA.
3. Prohibited Uses
You agree not to:
- Reproduce, publish, broadcast, or redistribute Content outside your organization without Witten Advisors' prior written consent.
- Use Content to create derivative data products or competing services.
- Attempt to reverse-engineer, scrape, download in bulk, or otherwise extract data from the Platform by automated means.
- Circumvent, disable, or interfere with security controls, access restrictions, or technical measures.
- Use the Platform for any unlawful purpose or in violation of applicable law.
- Represent Witten Advisors data as your own proprietary data or misrepresent its source.
4. Data and Confidentiality
All Content accessed through the Platform is confidential and proprietary to Witten Advisors. You agree to:
- Treat all Content with at least the same degree of care you apply to your own confidential information, but in no case less than reasonable care.
- Limit access to Content to personnel who have a legitimate need to use it for authorized purposes.
- Promptly notify Witten Advisors if you become aware of any unauthorized access or disclosure.
Detailed confidentiality obligations are set forth in your MSA and are incorporated here by reference.
5. Intellectual Property
All Content, software, methodologies, forecasts, and analyses made available through the Platform are the exclusive intellectual property of Witten Advisors LLC or its licensors. Nothing in these Terms transfers ownership of any intellectual property to you or your organization. All rights not expressly granted are reserved.
6. Accuracy and Disclaimers
Witten Advisors uses reasonable efforts to ensure Content is accurate and current. However:
- Content is provided for informational and analytical purposes only and does not constitute investment, financial, legal, or professional advice.
- Forecasts and projections are estimates based on available data and modeling assumptions. Actual outcomes may differ materially.
- Witten Advisors makes no warranty, express or implied, regarding the completeness, accuracy, fitness for a particular purpose, or merchantability of any Content.
7. Limitation of Liability
To the fullest extent permitted by applicable law, Witten Advisors' liability for any claim arising from your use of the Platform or Content is limited as set forth in your MSA. In no event shall Witten Advisors be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of or reliance on the Platform.
8. Account Security and Access
- You are responsible for all activity that occurs under your account.
- You agree to notify Witten Advisors immediately if you suspect unauthorized use of your account or credentials.
- Witten Advisors reserves the right to suspend or terminate access for any violation of these Terms or the MSA, or upon expiration or termination of the MSA.
- Access is automatically limited to the geographic markets and data series licensed to your organization. Attempting to access data outside your licensed scope is a violation of these Terms.
9. Changes to These Terms
Witten Advisors may update these Terms of Use from time to time. Material changes will be communicated via email or through a notice on the Platform. Your continued use of the Platform after the effective date of any update constitutes acceptance of the revised terms.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved as provided in your MSA.
11. Contact
Questions about these Terms or your organization's MSA should be directed to:
Witten Advisors LLC
[email protected]
Questions about your organization's Master Services Agreement? Contact
[email protected].