Conditions d'utilisation

PLEASE READ THESE TERMS OF USE CAREFULLY

BY ACCESSING THE TRACKINSIGHT ENTERPRISE SOLUTION OR BY USING ANY DATA AVAILABLE ON THE WEBSITE www.trackinsight.com, WHICH IS THE PROPERTY OF TRACKINSIGHT SA (“Trackinsight”), YOU (THE “USER”):

-          represent and warrant, to the BEST OF YOUR KNOWLEDGE, that you are a finance professional, MEANING A NATURAL OR LEGAL PERSON WHOSE PRIMARY BUSINESS ACTIVITY INVOLVES ENGAGING IN FINANCIAL ACTIVITIES, INCLUDING BUT NOT LIMITED TO ASSET MANAGEMENT, INVESTMENT ADVISORY, OR FINANCIAL RESEARCH, AS RECOGNISED UNDER applicable regulations OR INDUSTRY STANDARDS. You further acknowledge the implications THEREOF.

-          ACCEPT THESE TERMS OF USE AND AGREE TO BE LEGALLY BOUND BY THEM.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORISED TO USE THIS WEBSITE OR ANY DATA AVAILABLE ON IT. 

Preamble

Trackinsight SA (“Trackinsight”) operates a fund analytics platform (hereafter ‘Platform’ or ‘Enterprise Solution’) under the Trackinsight name and owns all related intellectual property rights.

Trackinsight makes its analytics, data, and related information available on its website, www.trackinsight.com (the “Website”).

The User wishes to access and use the Trackinsight Platform and associated data. 

Now and therefore, it is agreed as follows:

1. Definitions

“Data” means all data, graphs, analytics, and information available on the Website (www.trackinsight.com), or data delivered directly by Trackinsight via File Transfer Protocol (“FTP”), email, API or through any network operated by an authorised third-party distributor or vendor (“Distributor”) that has a current, written agreement with Trackinsight permitting distribution of the Data and information or any other additional delivery/access methods provided by TrackInsight. 

“Distribute” means to send or share Data within the User’s organisation, subject to the restrictions outlined herein. 

 “User” means any natural or legal person who accesses and/or uses the Website and/or Data.

“Trademarks” means TRACKINSIGHT, TRACKINSIGHT MARKET INDEX, and any other registered or unregistered trademarks or service marks owned by, or licensed to Trackinsight. 

2. Applicability of the Terms of Use

2.1. The User accepts and is legally bound by these Terms of Use (i) by accessing the Website, or (ii) using the Data, whichever occurs first. For the avoidance of doubt, even if the User disagrees with any of the terms, the User still accepts and is bound by all the Terms of Use upon accessing or using the Website and/or any Data. 

2.2. These Terms of Use exclusively govern all access to and use of the Website and Data. 

3. Fees and Access Right

Trackinsight reserves the right to offer access to Data under various license agreements with applicable fee structures. Licenses terms are detailed in the Trackinsight Platform End User License Agreement, available at https://www.trackinsight.com/en/end-user-license-agreement. Such terms apply upon agreeing to proceed with a private access to the platform. In the event of conflict between these Terms of Use and the End User License Agreement, the End User License Agreement shall govern all private access to the platform. These Terms of Use govern all access to and use of the Website.

4. Use of Data

4.1. Permitted Use and Restrictions

(a) The User is authorized to access and/or use the Data under these Terms of Use. The login credentials (username and password) are strictly personal and confidential and may not be shared.

(b) The User may (i) create derived works from the Data (e.g. charts or reports) for internal use only; (ii) distribute limited extracts (de minimis portions) of Data infrequently and non-systematically, provided  these extracts do not misrepresent or alter the substance of the Data; (iii) use Data within the context of investment activities, provided that it is not in connection with the issuance, trading, marketing, or promotion of any Derived Product. If the User wishes to delegate asset management or investment advisory based on Derived Products to a third party, the User must ensure that the third party has first entered into a separate, legally binding agreement with Trackinsight.

(c) The User shall not store Data to build historical databases.

(d) The User shall not use Data to create services or databases similar to Trackinsight’s.

(e) The User shall not use Data in connection with Derived Products without a separate license agreement.

(f) The User shall not resell, disseminate, or otherwise redistribute Data externally.

(g) The user shall not reference Trackinsight’s ratings or methodologies without explicit authorisation.

(h) Prohibition on Reverse Engineering

The User shall not, directly or indirectly, and shall not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Data or any software, documentation, or data related to the Services; (b) modify, translate, or create derivative works based on the Data or Services; (c) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Data or Services; (d) use the Data or Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (e) remove or otherwise alter any proprietary notices or labels from the Data or any portion thereof. The User acknowledges that the Data contains valuable trade secrets and proprietary information of Trackinsight and its licensors, and agrees to take reasonable measures to protect the secrecy of, and avoid unauthorized disclosure or use of the Data.

(i) Compliance with Third Party Terms and Conditions

The User acknowledges that certain Data or Services provided through the Website may be subject to additional terms and conditions imposed by third-party data providers or licensors ("Third-Party Terms"). The User agrees to comply with any applicable Third-Party Terms that may be posted on the Website or otherwise made available to the User. Trackinsight reserves the right to update or modify these Third-Party Terms at any time, and continued use of the relevant Data or Services following such changes constitutes the User's acceptance of the revised Third-Party Terms. The User's failure to comply with any applicable Third-Party Terms may result in termination of the User's access to the relevant Data or Services.

j) Prohibition on Data Scraping and Automated Access

The User is expressly prohibited from accessing, extracting, harvesting, or collecting Data or any other content available on the Website or through the Services by any automated means, including but not limited to bots, crawlers, spiders, data-mining tools, scrapers, or similar data-gathering or extraction methods, unless expressly authorized in writing by Trackinsight.

The User shall not use any manual or automated processes to (i) monitor or copy any material on the Website, (ii) interfere with or disrupt the proper functioning of the Website, or (iii) attempt to gain unauthorized access to any part of the Website, Data, or systems connected to it.

Any such activity constitutes a material breach of these Terms of Use and may result in immediate termination of access, as well as legal action for damages and injunctive relief.

4.2. Sanctions and Remedies

(a) If the User breaches any provision of this clause 4, including but not limited to engaging in data scraping, automated data collection, or other unauthorized extraction of Data, Trackinsight is entitled to block the User's access to the Website immediately and without notice.

(b) Trackinsight may seek damages (including loss of revenue) resulting from the breach of this clause 4.

(c) Furthermore, Trackinsight is entitled to request that the User rectifies such a breach immediately. In particular, Trackinsight may impose the deletion and/or removal of any Data, material, documents, products, works, etc. that have been used or produced in breach of this clause 4.

(d) Such measures or payments do not entail any waiver or limitation of any other right or remedy available to Trackinsight under the applicable laws and/or these Terms of Use. 

5. Disclaimers

Neither Trackinsight nor any of its licensors make any express or implied warranties or representations to the User regarding access to, and use of, the Website and the Data. Trackinsight makes no warranty that the Website will be uninterrupted or error-free.

In particular, the User acknowledges and accepts the following disclaimers:

5.1. Trackinsight and its licensors reserve the right to remove portions of the Data from the Website at any time without notice. Trackinsight may discontinue or change the Website or its availability to any User, at any time. In the event of a termination of the Website, the User’s right to access the Data shall cease immediately.

5.2. Trackinsight and its licensors reserve the right, at their sole discretion, to implement any technical, administrative, content-related, or other changes to the Website (including changes to the Data) at any time. For example, Trackinsight may change the organisation and formatting of the Data, how it can be accessed and downloaded, add or remove data series, and change methodologies. 

5.3. Neither Trackinsight nor its licensors provide investment, tax, legal, or other professional advice through the Website. Additionally, neither Trackinsight nor its licensors sponsor, recommend, or endorse the purchase or sale of any security or investment product. The inclusion of a fund or other component in an analysis does not reflect an opinion by Trackinsight or its licensors on the investment merits of such a fund or component. The Data on the Website is prepared by Trackinsight solely for informational purposes. All the Data provided by Trackinsight is provided on an “as is” basis, is impersonal and not tailored to the needs of any person, entity or group of persons. Neither Trackinsight nor any of its licensors represent or warrants the accuracy, completeness, timeliness, sequence, currentness, merchantability, quality or fitness for any particular purpose of the Data, or any portion thereof. If the User wishes to rely on the Data in any way, it is the User's responsibility to independently verify the accuracy, completeness or timeliness of that Data. 

5.4. The Website and information from its licensors may include Data, facts, views, opinions and recommendations of third parties which are used by Trackinsight without any review for accuracy or completeness. The User agrees that Trackinsight and its licensors are not responsible for such content, and that Trackinsight and its licensors shall have no liability to the User or any other person or entity for the use of such content. 

5.5. The User may access other websites through hypertext or other computer links. The User agrees that Trackinsight is not responsible for the content or operation of such websites and shall have no liability to the User or any other person or entity for the use of third-party websites. The User is solely responsible for determining the extent to which they may use any content on websites linked to the Website. 

5.6. Neither Trackinsight nor any of its licensors make any warranties or representations regarding the absence of third-party rights related to the use of the Data. 

5.7. The Website may contain viruses (e.g., computer program files containing codes capable of (a) damaging or destroying software, hardware or data, (b) shutting down, prohibiting access or impairing normal operation, or (c) assisting in or enabling theft or alteration of data), and any of the events described above may negatively affect the User’s systems, use of the Data, or the results obtained therefrom. 

5.8. The Data shall not be used for any unlawful or unauthorized purposes.

6. Performance Disclosure

6.1. Charts and graphs are provided for illustrative purposes.

6.2. Past performance does not guarantee future results. 

7. Limitation of Liability

7.1. To the fullest extent permitted by law, neither Trackinsight nor any of its affiliates, agents, or licensors shall be liable to the User or anyone else for any loss, injury, or damage, whether foreseeable or not, and for contingencies beyond its control in procuring, compiling, interpreting, reporting, or delivering Data. 

7.2. To the extent permitted by applicable law, in no event will Trackinsight or any of its affiliates, agents or licensors be liable to the User or anyone else for any conclusions derived from any decision made, or any actions taken, by the User or anyone else based on the use of the Website and/or Data. 

7.3. To the extent permitted by applicable law, neither Trackinsight nor any of its affiliates, agents and licensors shall be liable to the User or anyone else for any damages whatsoever (including, without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, Data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort [including without limitation negligence], contract or otherwise) even if advised of the possibility of such damages. 

7.4. Nothing herein excludes or limits the liability of Trackinsight or any of its affiliates, agents or licensors (i) for fraud, (ii) for death or personal injury caused by negligence, or (iii) which may not be excluded or limited under applicable law. 

7.5. Neither Trackinsight nor any of its affiliates, agents and licensors shall be liable for damages resulting from 'force majeure', riot, acts of war, epidemics, natural disasters, or other events over which they have no control, (including, without limitation, strikes, lock-outs, traffic disruptions, orders by governmental authorities abroad), or as a consequence of technical problems, such as IT disruptions, for which they are not at fault. The term 'force majeure' also includes computer viruses or intentional attacks by 'hackers' on IT systems, provided that reasonable security systems were in place to avert damage from such attacks. 

8. Intellectual Property

8.1. The User acknowledges and accepts that the entire content of the Website, the Data and the files containing Data are, and shall remain, the property of Trackinsight and/or its licensors and that they are protected by copyright and/or other intellectual property laws and/or unfair competition or misappropriation laws. Such content may only be used in accordance with these Terms of Use. Any unauthorized use is strictly prohibited. 

8.2. All trade names, trademarks, service marks and other product and service names and logos on the Website used are proprietary to their respective owners and are protected by applicable trademark laws. Any of the trademarks, service marks or logos (collectively, the 'Marks') displayed on the Website may be registered or unregistered marks of Trackinsight or others. Nothing contained in the Website may be construed as granting any license or right to use any of the Marks displayed here without the express written permission of Trackinsight or the owner of such Marks. Any unauthorized use of the Marks is strictly prohibited. 

8.4. The User shall, at no cost to Trackinsight, display/include notices as Trackinsight may reasonably require on any display of any chart or table or other Derived Works or any limited extract of Data. The following provision shall in any event be included:

“Based on data sourced from TrackinsightTM (www.trackinsight.com). Copyright © 2025 Trackinsight SA. All rights reserved.” 

9. Personal Data

Trackinsight has the right to electronically store, and process personal data provided by the User when using the Website, in accordance with applicable laws and the Privacy Policy described on the Website.

Personal data is treated as confidential in accordance with the terms of the Privacy Policy and is used exclusively for business relations between Trackinsight and the User, as further specified in the Privacy Policy.

10. General Provisions

10.1. If any provision in these Terms of Use is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.       

10.2. Failure by Trackinsight to enforce any term or provision shall not constitute a waiver. 

11. Governing Law and Jurisdiction

11.1. These Terms of Use shall be governed by the laws of France, excluding conflict of law principles.

11.2. Any disputes shall be subject to the exclusive jurisdiction of the Paris Commercial Court (Tribunal de Commerce de Paris), without prejudice to Trackinsight’s right to seek injunctive relief in other jurisdictions as needed.

11.3. These Terms apply exclusively to professional Users acting in the course of business. Consumer protection laws do not apply.

Last updated: December 1st, 2025.