Economatica / Terms and Conditions

Terms and Conditions of Use

Understand the terms that regulate the use of our platforms, products and services. All users must be aware of the conditions and policies established herein.

Terms and Conditions of Use of Economatica

These Terms and Conditions of Use ("Terms") regulate the use of the platforms, products and services of Economatica Software de Apoio a Investidores Ltda. ("ECONOMATICA"), including the Web Platform, Terminal, APIs, Excel Add-In and Mobile Application ("Platforms").

By using any of the Platforms, the USER declares that they are aware of and agree with these Terms and with Economatica's Privacy Policy and Data Governance.

1. Acceptance and Definitions

By accessing and using the ECONOMATICA platform, the USER declares that they have read, understood and fully agree with the terms, conditions and policies established herein, including any future updates. Clicking "I Have Read and Accept the Terms and Conditions of Use" or continued access to Economatica systems after publication of a new version constitutes express manifestation of consent, with the same legal value as a physical signature, under applicable law. For security purposes and proof of acceptance, Economatica may record the date, time, IP address and version of the accepted terms at the time of confirmation.

For purposes of this document:

  • USER is any natural or legal person, client or authorized by the contracting party, who uses the Platforms
  • END USER is the natural person linked to the Client who has exclusive and individual access credentials to operate the Platforms
  • CLIENT is the natural or legal person contracting the services
  • DISTRIBUTOR is ECONOMATICA, as an entity authorized by original sources (including but not limited to B3, ANBIMA, CVM, BACEN and others) to transmit and make market data available to Users
  • ECONOMATICA is the owner of the Platforms and controller of associated databases and systems

2. License of Use and Access

ECONOMATICA grants the USER a limited, non-exclusive, non-transferable and revocable license for internal, professional or academic use, in accordance with the current contract.

It is prohibited: sublicense, resell, share credentials, perform reverse engineering, scraping or redistribute content without express authorization.

3. Intellectual Property

All rights to software, databases, interfaces, design, APIs and trademarks belong exclusively to ECONOMATICA or to licensed original sources (B3, ANBIMA, CVM, BACEN, among others).

All rights to derived data, proprietary metrics and analytical calculations developed by ECONOMATICA on raw data are its exclusive property.

The USER acknowledges that derived data created by ECONOMATICA does not allow reverse engineering to obtain the original data from licensed original sources (such as B3 and ANBIMA).

Use does not grant any intellectual property rights to the USER, only the right to use while the contract is in effect.

4. Misuse and Data Redistribution

Redistribution, extraction, reproduction, republication or commercialization of data and information obtained on the Platforms is prohibited.

Limited use of small parts of the data for internal reports and analysis is permitted, provided that ECONOMATICA is cited as the source.

ECONOMATICA reserves the right to monitor access patterns, traffic volume and connection IPs to ensure security and compliance with these Terms.

If behavior compatible with the use of bots, scraping or credential sharing is identified, ECONOMATICA may suspend access immediately, without prior notice, for audit purposes.

5. Errors, Delays and Limitation of Liability

ECONOMATICA employs its best efforts to ensure the accuracy and availability of data, but is not responsible for any errors, delays, interruptions or failures resulting from force majeure, maintenance, or external failures.

ECONOMATICA shall not be liable for any indirect damages, lost profits, loss of revenue, loss of data or losses resulting from investment decisions made by the USER based on the information provided.

ECONOMATICA's total liability, for any reason, is strictly limited to the amount paid by the USER for the month in which the event occurred.

6. Commitment to Original Data Sources

The data provided on the Platforms may include information from external sources, such as B3, ANBIMA, BACEN, CVM and other providers.

Such data is subject to the conditions of use imposed by its owners. The USER declares that they are aware of and agree with these conditions and is responsible for their compliance.

7. Specific Terms of Use for B3 Data

The USER declares, at this time, to be aware of and agree that market data and analytical information (including market data dissemination - Market Data - and UP2DATA data, hereinafter collectively called "B3 Data") are governed by the following terms and conditions, which reflect the obligations assumed by the DISTRIBUTOR before B3 S.A. - Brasil, Bolsa, Balcão ("B3"), the sole owner of rights to B3 Data.

  1. Property and Rights: B3 is the sole owner of all rights related to B3 Data, including intellectual property rights, including any modifications. The USER undertakes to respect such rights and not to remove or alter any signs, notices and warnings of copyright and/or trademarks of products or services contained in B3 Data.
  2. Nature of Authorization and Internal Use: This limited authorization of use does not grant the USER any right, title, property, including intellectual or moral, participation or any other prerogative over B3 Data. B3 Data may only be used by the USER for operational purposes and internal analysis or to assist in investment decisions, and any external use is prohibited, except as expressly authorized by B3.
  3. Specific Prohibitions (Indices and Financial Instruments): Except with prior and express written consent from B3, it is not permitted to use B3 Data for: (a) elaboration, creation, calculation or generation of any type of index, rates, benchmarks and/or similar; or (b) elaboration, creation, calculation and/or generation of any financial instruments, securities (e.g. options and derivatives) for the benefit of oneself or third parties, including free of charge.
  4. Prohibition of Distribution/Redistribution: The USER is not permitted to distribute, redistribute, transfer, transmit, retransmit, license, sublicense, lease, loan, sell, resell, recirculate, reformat, disclose, publish, or provide autonomous services based on B3 Data, except with prior and express consent from B3.
  5. Protection and Care: All property rights of B3 must be protected during and after termination of use with the same care spent to protect own property.
  6. B3 Audit Right: B3 or its designated representative may, with 30 (thirty) days prior notice, audit the USER's books, records and receiving systems.
  7. Indemnification: The USER shall indemnify and hold B3 and the DISTRIBUTOR harmless from all losses caused by improper use of B3 Data.
  8. No Warranty: B3 does not guarantee the sequence, timeliness, accuracy and completeness of B3 Data, nor is it responsible for any delays, errors or omissions.
  9. Prevalence of Terms: The terms and conditions provided herein shall prevail over any other terms agreed between the USER and the distributor that are inconsistent or incompatible with them.
  10. Use of Marks: The USER may not use any marks, symbols, distinctive signs or identification elements of B3 without prior and written consent.
  11. Non-Display Use (B3): Any use of B3 Data that does not involve visual display to a human (such as feeding algorithms or trading systems) must be previously authorized and may generate additional charges.
  12. Responsibility for Fines: The USER shall reimburse ECONOMATICA for any fines or penalties applied by B3 due to irregular use or unauthorized redistribution of data verifiably carried out by the USER.
  13. Data Discontinuity: If B3 changes its policies or revokes ECONOMATICA's distribution license, the provision of such data may be interrupted, without this giving the USER the right to indemnification.

8. Specific Terms of Use for ANBIMA Data

The USER declares, at this time, to be fully aware of and agree with the following conditions of use. These terms are imposed by ANBIMA - Brazilian Association of Financial and Capital Market Entities (owner of the data) to the DISTRIBUTOR and its compliance is mandatory to access the Database.

  1. Database: The set of data subject to these terms is composed of quotations of certain Brazilian public securities, certain Brazilian debentures and certain indices, identified in the ECONOMATICA system by having the "Stock Exchange/Pricing Agency" field filled with the expression "ANBIMA". This set shall hereinafter be called the "Database".
  2. Ownership: ANBIMA is the sole owner of the Database. The name, ANBIMA brand and its registered products are its exclusive property, and its reproduction or use without prior and express authorization is prohibited.
  3. Exclusive Internal Use (Authorized): Access to the Database is granted only for internal use. The END USER is authorized to use raw data to feed their own databases, and the final use of the data must be done from this database and exclusively in internal processes and studies.
  4. Internal Creation: It is permitted to use the Database for creation and improvement of products, services and processes exclusively for internal use.
  5. Market Reference: All indices, numbers, indicatives and non-official estimates calculated by ANBIMA itself should only be used as mere market reference.
  6. Derived Data: It is permitted that derived data be created as long as it is not possible to obtain the original data distributed by ANBIMA using reverse engineering, under penalty of responding for losses and damages.
  7. Distribution and Commercialization: It is prohibited to promote any type of distribution or redistribution of the Database, as well as its commercialization or offer to third parties.
  8. Creation of Indices and Synthetic Assets:
    • The development of indices from accessed data
    • The creation of predefined products in aggregate form derived from primary information that can be configured as synthetic assets, with only the availability of information in the format of performance indicators, individually permitted
  9. Extraction and Bots:
    • The use of bots and downloading of data, except through the contracted access mechanism
    • The extraction of primary data (Quotations, such as Unit Price, Yield) from the Database by means such as copy/paste or file export. It is permitted, however, to copy derived data (Technical Indicators)
  10. Exclusive Risk: The use and disclosure of the Database are at the exclusive risk and responsibility of the End User, who assumes full and exclusive responsibility for its use.
  11. ANBIMA's Disclaimer: ANBIMA does not guarantee the availability and continuity of the Database, nor its sequence, timeliness, accuracy and completeness. ANBIMA is exempt from responsibility for any damages or losses caused by use of the data or by divergence and inaccuracy of information.
  12. Outdated Information: The USER acknowledges the possibility of eventual outdated information or difference in results, which does not give the right to indemnification to ECONOMATICA or any other title.
  13. Source Reference: The USER, when making reference to the ANBIMA source, must clearly and visibly state ANBIMA's disclaimer.
  14. Indemnification (ECONOMATICA): In case the END USER violates the conditions of use, they undertake to defend ECONOMATICA against all claims from ANBIMA pertinent to the case. The END USER is responsible for payment of all costs, losses and damages and attorney's fees resulting.
  15. Liberality and Collection: Access is carried out at ANBIMA's discretion, giving the USER no rights. ANBIMA may at any time change this policy and establish monthly charges, which will be passed on to the End User.
  16. Changes: ANBIMA may unilaterally modify at any time any conditions of this instrument and change the presentation and configuration of the Database.
  17. Revocation: ANBIMA may revoke the authorization for the Database to be made available in the ECONOMATICA system, with 7 (seven) days prior notice.
  18. Post-Termination Use: In case of termination of the contract, it is not mandatory to discard the acquired database, but it is prohibited to offer, commercialize or make available/distribute (even free of charge) this database, and it must be used only as an internal base.

9. Privacy and Data Protection

The collection and processing of personal and business data by ECONOMATICA follows the guidelines of Law nº 13.709/2018 (LGPD) and the Privacy Policy and Data Governance.

Contact with the Data Protection Officer (DPO) should be made via email: incidente@economatica.com.br.

10. Validity, Changes and Forum

These Terms become effective as of their publication date and will remain in effect as long as the USER uses any of the Platforms.

ECONOMATICA may, at any time, update these Terms to reflect changes in Platforms, products and services, use of new technologies or due to operational, contractual or regulatory necessity. The version in effect will be the one published on our official channels, and periodic verification is recommended. Continued use of the Platforms after an update implies acceptance of the new conditions.

ECONOMATICA may, at any time, modify, suspend or discontinue features, products, services or access to the Platforms, in whole or in part, including for technical, security, contractual or regulatory reasons.

The USER acknowledges that part of the data provided may be subject to conditions and policies of third parties (for example, original sources and data providers), including regarding charges, changes in access conditions or discontinuity. Any additional costs, taxes or charges that are passed on to ECONOMATICA by such sources may be passed on to the USER, when applicable, with prior notification, allowing for rescission if the USER does not agree to the adjustment.

Breach of clauses relating to Intellectual Property, Misuse or Data Redistribution authorizes ECONOMATICA to rescind this instrument for just cause, immediately, without prejudice to applicable losses and damages.

After rescission, any remaining data and databases in the USER's possession must be used strictly for internal historical purposes, being strictly prohibited their offer, availability or commercialization to third parties.

Brazilian law applies, and the Court of São Paulo/SP is chosen to settle any disputes. In case of doubts, the USER may contact ECONOMATICA through its official channels.

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