CMORQ IS NOT A BANK, NOR IS IT FDIC-INSURED.

By using related services through cmorq platform you are agreeing to the following terms of service/s as well:

cmorq DeFi Transactions Disclosure:

Please see this document

Exchanging tokens:

https://0x.org/terms

Lending tokens:

https://aave.com/term-of-use

https://app.compound.finance/terms

https://docs.mstable.org/appendix/app-usage-terms-and-conditions

Staking Ethereum:

https://lido.fi/terms-of-use

Any transaction on the platform:

https://github.com/maticnetwork/whitepaper#risks-risks

Please see our Privacy Policy here.

By using our fiat on-ramp services, e.g. purchasing USDC using a debit card, ACH or Apple pay, you agree to Wyre Payments, Inc. Terms of Service and Privacy Policy.

BY MAKING USE OF CMORQ SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF VIRTUAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF CMORQ SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) CMORQ SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. IF YOU ARE A US PERSON AND WE CANNOT RESOLVE A DISPUTE THROUGH OUR USER OPERATIONS TEAM, ALL DISPUTES ARISING UNDER THIS USER AGREEMENT SHALL BE SETTLED IN BINDING ARBITRATION AS SET FORTH IN SECTION BELOW TITLED AS “Dispute Resolution for US Users”. ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.

Acceptance of the Terms of Service

These terms of service are entered into by and between the customer (“you”) and cmorq inc. ("cmorq”, "we", or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service'') and all applicable laws and regulations, govern your access to and use of the cmorq Services ("Services") including: (i) the cmorq Dashboard; (ii) cmorq CSV/Sheets Access; (iii) cmorq APIs; (iv) cmorq Data; (v) the cmorq app (“App”); and (vi) the www.cmorq.com Website and associated domains and subdomains ("Website"). By accessing and using the Services, you affirm that you are an individual, at least 18 years of age or older, have the capacity to enter into these Terms of Service, and agree to be legally bound by these Terms of Service. Please read the Terms of Service carefully before you start to use the App or the Website. By using the Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the Services. If you are entering into this agreement on behalf of a legal entity, you represent that you have the authority to bind such entity, and in that case the terms “you” or “your” shall refer to such entity.

Changes to these Terms of Service

cmorq reserves the right to revise, change, modify and update any of the terms and conditions contained in these Terms of Service at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the App or the Website. Your continued use of the Services following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.

Company Information

Incorporated in Delaware under the name cmorq inc. as a private company.

Contact: support@cmorq.com

Compliance with Applicable Laws

Your relationship with cmorq and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction. By agreeing to be bound by these Terms of Service, you agree to act in compliance with and be legally bound to any and all such applicable laws. You represent and warrant to us that you: (a) are not located in, under the control of, or a resident of any country to which the United States has embargoed goods and services; (b) are not identified as a “Specially Designated National” by the United States Treasury Department; (c) shall not use the Services if you are prohibited by any applicable law, regulation, or rule from doing so, and (d) are not a Politically Exposed Person, which includes but is not limited to persons holding offices or positions on behalf of a government, in any of the following roles:

  • Heads of state, heads of government, ministers and deputy or assistant ministers;

  • Members of parliaments;

  • Members of supreme courts, of constitutional courts or of other high-level judicial bodies whose decisions are not generally subject to further appeal, except in exceptional circumstances; and

  • Ambassadors, charges d’affaires and high-ranking officers in the armed forces.

Prohibited Uses and Violation of These Terms cmorq maintains a policy of strict regulatory compliance. As a U.S. registered Money Services Business, please note that cmorq prohibits transfers to and/or from addresses known to be or to contain (as applicable) any of the following:

Mixers;

Pyramid or Ponzi Schemes;

Gambling Sites;

Darknet Marketplaces;

Sanctioned Wallets;

Funds that may be legally claimed by a third party; and

Funds otherwise associated with illegal activity.

cmorq, further, is intended for use by individuals and will reject any sign-ups or transactions for entities.

cmorq retains the right to block external wallets, block access to a cmorq wallet, or return the value of a cmorq wallet in the form of fiat to the originating financial institution as necessary upon receipt of transfers from these sources or initiation of transfers to these destinations. Please note that any attempt to circumvent these policies, or any other section of these terms will result in similar action.

Payment Terms

The credit card which you provide will automatically and immediately be billed for the Services you subscribe to ("Subscription"). If you cancel your Subscription you will no longer be billed but no money already paid will be refunded. If your credit card is invalid for any reason, cmorq has the right to terminate the Subscription immediately.

Confidentiality of Access

You are responsible for maintaining the confidentiality of the API key or password that gives you access to the Services. You are also responsible for any and all activities that occur within your wallet. You agree to immediately notify cmorq Support of any unauthorized use of your API key or any other breach of security. You acknowledge and agree that cmorq will not be liable for any loss or damage arising from your failure to comply with these requirements. Your use of the Services is personal to you, and you may not transfer or make available access to the Services to others. Any sharing or distribution by you of your access privileges may result in cancellation of your use of the Services without refund.

Wallet

When you access certain features of the Services, you will be able to create a wallet and/or access a wallet to perform a variety of transactions. Title to your cryptocurrency, digital currency, digital assets, or cryptoassets (collectively, “Virtual Currencies' ') shall at all times remain with you and shall not transfer to cmorq. Your Virtual Currencies are on the blockchain itself, and we do not control them. As the owner of your Virtual Currencies, you shall bear all risk of loss of such Virtual Currencies, and cmorq shall not have any liability for fluctuations in the fiat currency value of your Virtual Currencies.

Users interacting with Virtual Currencies as investments should be aware that all investments involve risks, including the risk of loss of some or all assets. Losses are not insured, and the user assumes responsibility for all losses. Users are advised to exercise caution, conduct research, and not to transact more than they can afford to lose.

Prior to using the Services for any purpose, we highly recommend that you read our guides, "cmorq: An Introduction," and “Pro-Tips: How to Avoid Phishing/Scams” for some recommendations on how to be proactive about your security. In addition, we recommend that you review the additional FAQs, tips, and guidelines provided on the Site.

In order to be completed, any transaction in Virtual Currencies created with the wallet must be confirmed and recorded in the ledger associated with the relevant digital asset network. Such networks are decentralised, peer-to-peer networks supported by independent third parties, which are not owned, controlled or operated by cmorq. cmorq has no control over any digital asset network and therefore cannot and does not ensure that any transaction details you submit via our Services will be confirmed on the relevant network. The transaction details you submit via our Services may not be completed, or may be substantially delayed, by the network used to process the transaction. We do not guarantee that the wallet can transfer title or right in any digital asset or make any warranties whatsoever with regard to title.

You are solely responsible for remembering, storing and keeping your wallet password secret. Any digital assets you have associated with such a wallet may become inaccessible if you do not know or keep your wallet password. Any third party with knowledge of one or more of your credentials (including, without limitation, a backup phrase, wallet identifier or password) can dispose of the digital assets in your wallet. You agree to take responsibility for all activities that occur with your wallet and accept all risks of any authorised or unauthorised access to your wallet, to the maximum extent permitted by law.

Use of the Data, the App, and the Website

The Data is owned by cmorq, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

We are granting you a limited, non-exclusive, non-transferable, license to access and use the Data, including the third party data. In addition, any third party data may be subject to restrictions of use and require additional license agreements with the data owner. You may, under granted license by cmorq, display the Data to the general public on a public website owned or controlled by you, or within a software application distributed to the general public by you, or to create applications which allow the general public to screen the Data for investing ideas or back-test investing strategies; provided that the website(s) or application(s) using the Data cannot allow the Data to be exported out of the website or application in bulk form. Some limited export capabilities from the website or application (such as to Excel) are allowed as long as the amount of data exported is limited to that which pertains to one or a few symbols, and the end user license agreement for that website or application clearly states that any data exported can only be used for personal research purposes. You may share this data in unlimited amounts with any number of people within your organization, for use only in connection with the performance of their professional responsibilities to your organization, provided they have agreed to comply with these Terms of Service. You may not offer the Data, or any part thereof, for sale, rent, license or commercial redistribution in raw or bulk form. In addition, use of the Data shall be subject to the Technical Specifications and Pricing provisions below.

No right, title, or interest in or to the Data is transferred to you, and all rights not expressly granted are reserved by cmorq. Any use of the Data not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

You shall safeguard the Data from infringement, misappropriation, theft, misuse, or unauthorized access. You shall promptly notify cmorq if you become aware of any infringement of cmorq’s intellectual property rights in the Data and fully cooperate with cmorq in any legal action taken by cmorq to enforce its intellectual property rights.

Additionally, you agree not to:

  1. Use the App or Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the App or Website, including their ability to engage in real time activities through the App or Website;

  2. Use any device, software, or routine that interferes with the proper working of the App or Website;

  3. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  4. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App or Website, the server on which the App or Website is stored, or any server, computer, or database connected to the App or Website;

  5. Attack the App or Website via a denial-of-service attack or a distributed denial-of-service attack; or

  6. Otherwise attempt to interfere with the proper working of the App or Website.

No Warranty

YOUR USE OF THE SERVICES, THE APP, THE WEBSITE, AND THE DATA IS AT YOUR OWN RISK. THE SERVICES, THE APP, THE WEBSITE, AND THE DATA ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CMORQ ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, THE APP, THE WEBSITE, AND THE DATA, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND STATUTORY WARRANTIES OF NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. CMORQ IN NO WAY WHATSOEVER GUARANTEES THAT USE OF ANY PRODUCT ASSURES COMPLIANCE WITH REGULATORY GUIDELINES SUCH AS, BUT NOT LIMITED TO: HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), PAYMENT CARD INDUSTRY (PCI) DATA SECURITY STANDARD (DSS), U.S. DEPARTMENT OF DEFENSE (DOD) DEFENSE INFORMATION SYSTEMS AGENCY (DISA) SECURITY TECHNICAL IMPLEMENTATION GUIDES (STIGS). WITHOUT LIMITATION TO THE FOREGOING, CMORQ PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES, THE APP, THE WEBSITE, AND THE DATA WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. ALL CONTENT AND SERVICES ARE SUBJECT TO CHANGE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Usage limits

The extent of your usage of the Services is dependent on your Subscription plan. You shall not exceed the usage limits associated with your Subscription. Unused amounts of call usage will not be carried over from one period to the next. If you exceed your usage limit, the API will return an error message stating that you usage limit has been reached and no further API calls can be made within the current period term. It is your sole responsibility to ensure that your application(s) properly detect and handle any returned error messages. We will make reasonable efforts to help you identify and resolve usage problems, or to review the suitability of your current subscription plan for your needs. cmorq reserves the right to limit or throttle the number of network calls available to your application(s) if we (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.

Third Parties

You understand that we may use third party vendors to provide necessary hardware, software, networking, storage, and related technology to provide the Services. You agree and acknowledge that we are not responsible in any manner whatsoever for any actions or inactions of such third parties.

No Service

You understand and agree that cmorq and its third party suppliers make no representation, warranty or condition that:

  1. the App, Website and Services will be uninterrupted, timely, secure, reliable, accurate or error-free;

  2. the App, Website and Services will meet your requirements; or

  3. the Database obtained through the Services will meet your expectations, be suitable for any purpose, or be accurate, complete, reliable, current, timely, adequate, or error-free.

cmorq and its third party suppliers disclaim all liability for the use or interpretation of the services data. Services data may be delayed, inaccurate or contain errors or omissions, and cmorq and its third party suppliers will have no liability with respect thereto. cmorq does not endorse nor is it responsible for the services data of any third party supplier.

Indemnification

You agree to indemnify and hold us, our licensors, and our service providers, and our respective directors, officers, employees, shareholders, subsidiaries, affiliates, agents, successors, and assigns harmless from and against any and all claims, liabilities, judgments, awards, causes of action, losses, expenses, damages, and costs, including attorneys’ fees, arising out of or relating to:

  1. your violation of these Terms of Service;

  2. your use of the Services or any content, information or data accessed on or through the Services; and/or

  3. your infringement or violation of any third-party’s rights, including intellectual property rights.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CMORQ OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES, INCLUDING THE DATA; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE OR FOR ANY LOSS OF OR DAMAGE TO DATA, EX GRATIA PAYMENTS, LOSS OF PROFIT, LOSS OF CONTRACT OR LOSS OF OTHER ECONOMIC ADVANTAGE (IN EACH CASE WHETHER DIRECT OR INDIRECT) HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY COLLATERAL CONTRACT, OR THE PRODUCTION, SALE, SUPPLY OR USE (BY CMORQ, THE END USER OR ANY THIRD PARTY) OF THE PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND WHETHER FORESEEABLE OR NOT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, MAKE SPECIFIC PERFORMANCE OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF VIRTUAL CURRENCIES, YOU AND WE AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCIES DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.

Termination

You may terminate your use of the Services at the end of the then current term by submitting a termination request to cmorq Support. You agree that cmorq may, without prior notice, immediately terminate, limit your access to or suspend your use of the Services. Cause for such termination, limitation of access or suspension will include, but not be limited to:

  1. breach by you of these Terms of Service or other incorporated terms or policies;

  2. non-payment of any fees owed by you in connection with use of the Services; and

  3. malicious actions that damage or could damage the integrity of the Services.

Further, you agree that all terminations, limitations of access and suspensions will be made in cmorq’s sole discretion and cmorq will not be liable to you or any third party with respect thereto. If cmorq terminates your use of the Services without cause, cmorq will provide you with a pro rata refund of any prepaid subscription fees for the Services for the period after the date of termination. Upon termination by you or upon notice of termination by cmorq, you must destroy promptly all materials obtained from the Services and any copies thereof.

No Assignment

You shall not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms of this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without cmorq's prior written consent, which consent cmorq may give or withhold in its sole discretion. For purposes of the preceding sentence, and without limiting its generality, any merger, consolidation, or reorganization involving you (regardless of whether you are a surviving or disappearing entity) will be deemed to be a transfer of rights, obligations, or performance under this Agreement for which cmorq's prior written consent is required. No delegation or other transfer will relieve you of any of your obligations or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this provision is void. cmorq may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

General Provisions

The failure of cmorq to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty and conditions disclaimers and liability limitations above, the parties nevertheless agree that the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the other provisions of the Terms of Service remain in full force and effect. If the invalid or unenforceable provision cannot be so replaced, then that provision will be considered severable from the remaining provisions, and will not affect their validity and enforceability.

Governing Law and Jurisdiction

All matters relating to the App, the Website, the Data, the Services, and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Delaware or any other jurisdiction).

Subject to the provision with respect to Dispute Resolution for US Users, any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the App, the Website, the Data, or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution for US Users

Disputes

If you live in the United States (or, if you are a business, have your principal place of business in the United States), any dispute arising between you and us under these Terms of Service or our relationship (whether arising out of contract, tort, statute or any other manner) shall be settled in binding arbitration, in accordance with the Federal Arbitration Act under the American Arbitration Association’s rules; provided, however, nothing in this Agreement will waive, preclude or otherwise limit your right to (i) bring an individual action in a U.S. small claims court or (ii) file a representative action solely to obtain a public injunction.

Arbitration

The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish of your billing address, or another mutually agreeable location, in the English language. The arbitrator shall apply the laws of the Commonwealth of Delaware, without regard to its conflict of laws principles. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorised by law, and the arbitration decision may be enforced in any court. You agree that the arbitrator shall have the authority to order relief, and you agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to reasonable costs and attorneys' fees.

If the arbitrator(s) or administrator imposes filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. If a court decides that any provision of this section concerning Arbitration is invalid or unenforceable, that provision shall be severed and resolved in accordance with Delaware law exclusively and the other parts of this section concerning Arbitration shall still apply. In no case shall the remainder of these Terms of Service be affected. If the invalidity or unenforceability of a provision causes a dispute to proceed in a court instead of arbitration, the Parties agree that such court must be located in Delaware, applying Delaware law.

No Trial by Jury

By entering into this User Agreement, you expressly waive your right to a trial by jury and right to participate in a class action lawsuit.

Taxes

It is your responsibility to determine what, if any, taxes apply due to your use of the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. cmorq is not responsible for determining whether taxes apply to your transactions in Virtual Currencies or for collecting, reporting, withholding or remitting any taxes in connection therewith.

Equitable Remedies

You acknowledges and agree that a breach or threatened breach by you of any of your obligations under this Agreement would give rise to irreparable harm to cmorq for which monetary damages would not be an adequate remedy and hereby agree that in the event of a breach or a threatened breach by you of any such obligations, cmorq shall, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond).

No Waivers

No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Payment Information

We collect and process payment information from you when you subscribe to the Services, including credit cards numbers and billing information, using third party PCI-compliant service providers. If you give us credit card information, we use it solely to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.

External Websites

Our Websites provide links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.

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Technical Specifications and Pricing

Subscription Options

Ongoing Subscription -- Access to data as it becomes available (back history also available with ongoing subscription). The ongoing subscription includes 12 months back history with a minimum term of 12 months.

One-time Purchase -- Access to a specific time period (available in monthly intervals).

First 12 months charged at the Access Fee and additional historical data charged at the Back History Fee for each data content month purchased.

Fees

Direct Access Fee - charged for each data content month for each customer who receives data directly from cmorq,

Indirect Access Fee - charged for customers who receive data access indirectly through the cmorq authorized redistributor.

Redistribution Fee - For those customers redistributing derived data, a Redistribution Fee will be applied for the redistribution of the data from the customer. (Please refer to the Redistribution Usage Fee schedule).

Internal Use

Access Fee includes employees, officers or wholly-owned subsidiaries of an organization.

External Use

Redistribution Fees applies to external use of cmorq data, derived data, components, etc., shared with others outside of the customer organization in any form. Refers to the use of cmorq data used to support any external platform or functionality (i.e., calculated derived data, etc).

Redistribution Licensing and Reporting

  • Vendors must license for an ongoing subscription for redistribution of cmorq data.

  • Vendors report usage (i.e., number of users, firms, data recipients) to cmorq on a monthly basis (or as otherwise authorized by cmorq).

  • Re-dissemination or other use of the cmorq data, or of information contained in the cmorq data, or use of information derived from that information, constitutes redistribution and is prohibited.

  • Any user or firm that wishes to further redistribute information included in cmorq products is required to enter into a contract directly with cmorq prior to accessing the whole, partial or derived information included in the cmorq products and Services (or as otherwise authorized by cmorq).

  • Vendors may be required to provide a blank copy of their subscriber agreement and/or redistribution agreement indicating further redistribution of the underlying data is prohibited by the end user client.

  • The data results or data components used for testing purposes, data valuation or to cross-reference, etc. similar third party data are not exempt from standard cmorq licensing and/or redistribution fees.

  • Vendors must have the ability to control access to data via an approved entitlement system.

  • Redistribution Fees apply if the data results, data components, derived data, or data values are used to support external applications, databases, or products by those not employed by the customer organization.

  • Third parties and service facilitators may not have access to process or assist customers in their receipt, dissemination or other use of cmorq data. In such case, any third parties will need to also license with cmorq.

  • For customers who choose to access cmorq data directly from an authorized redistributor and cmorq, both an Indirect Access Fee and Direct Access Fee apply.

  • Any changes in service in the form of receipt, use, or redistribution require Customer to update this agreement and receive written cmorq approval prior to service changes.

  • For more information on Redistribution Fees, please contact support@cmorq.com

Terms Applicable to Distribution Using Data Feed, Database, API, or Downloadable Format

  1. Redistribution Method

  • Vendors provide a data feed, database, API or any other method whereby the data can be manipulated, extracted, downloaded and/or re-formatted or redistributed for use elsewhere.

  • API-Programmatic access to data on your network.

  • A data feed distributed to a client network.

  • cmorq may require system diagram, screenshot demonstrating the use and/or display containing the cmorq data product.

  • Customers who wish to further redistribute the underlying data, must seek approval and license directly with cmorq.

  • cmorq may require system diagram, screenshot demonstrating the use and/or display containing the cmorq data product.

  • Vendors must report usage/users to whom data is redistributed on a monthly basis (or as otherwise authorized by cmorq).

  • Customers using the derived data, data results or data components for testing purposes or to cross-reference similar third-party data are not exempt from standard cmorq licensing and/or redistribution fees for internal usage and/or external usage.

  1. Licensing Method: Direct Licensing – End User Licensing

  • End-users license directly with cmorq. Vendors are required to obtain cmorq approval prior to providing data to data recipients.

  • Vendors must have the ability to control access to data via an approved entitlement system.

  • Vendors must report usage/users to whom data is redistributed on a monthly basis (or as otherwise authorized by cmorq).

  • Vendors will be billed a Direct Access Fee and data recipients (end-user firms) will be invoiced directly from cmorq at the Indirect Access Fee.

  • For more information on Redistribution Fees, please contact support@cmorq.com

Terms Applicable to Distribution of Derived Data in Controlled (Read Only) Format

  1. Redistribution Method

  • Vendors provide cmorq data that can only be viewed and therefore, not manipulated, re-formatted, saved, extracted, downloaded, exported or redistributed for use elsewhere.

  • A read-only display of information (e.g. PDF) that does not provide access to the underlying data in any way.

  • The calculated values cannot be reverse-engineered to recreate the cmorq data (uncover any original historical data) through reverse engineering.

  • The calculated values cannot be a substitute for the cmorq data or used to create other data that is recognized as a substitute for cmorq data.

  • The data is presented to end-users in format of charts, derived works (moving averages, ratio) or performance calculated from the data but end-users cannot see the underlying data or download the underlying data in any format.

  • Data recipients who wish to further redistribute the underlying data, must seek approval and license directly with cmorq.

  • cmorq may require system diagram, screenshot demonstrating the use and/or display containing the cmorq data product.

  • Vendors must report usage/users to whom data is redistributed on a monthly basis (or as otherwise authorized by cmorq).

  • Customers using the derived data, data results or data components for testing purposes or to cross-reference similar third-party data are not exempt from standard cmorq licensing and/or redistribution fees for internal usage and/or external usage.

  1. Licensing Method: Indirect Licensing – Reporting Vendor

  • Data Recipients license and receive data directly from your organization.

  • Vendors must report usage/users to whom data is redistributed on a monthly basis (or as otherwise authorized by cmorq).

  • Vendors must have the ability to control access to data via an approved entitlement system.

  • Direct Access Fees apply in addition to the amount of usage reported. For more information on Redistribution Fees, please contact support@cmorq.com.

LAST UPDATED: December 2021

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