Legal

Includes Disclaimer, Privacy Policy, GDPR, Subscription Policy & Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SITE OR ANY SERVICES YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR SERVICES.

Opens is a company that serves investors. Therefore we permit our staff, consultants and advisors to invest in stock themselves.

Opens may write about stocks in both free (Articles on opens.co) and paid (Opens subscriber) content. We might make stock recommendations in our subscription service. We call these Memos. We select the companies ourselves. Staff, consultants and advisors may hold these shares in their portfolio. Of course, in both free and paid content, we will disclose whether the author has an interest in the company or companies mentioned.

Disclosure

Rule: When an analyst or writer writes about a stock they have a position in or relationship with, this is disclosed at the end of the content.

Restrictions

It’s important to us that no one is here to make money from ‘promoting’ a stock. If staff, consultants or advisors own a stock we’ve mentioned, it’s because they believe in it — not because they want to do a quick flip, front run or short another stock (all bad strategies, by the way).

Rule: The analyst cannot write about a stock in the period of 14 market days before or 14 market days after purchasing or selling the stock.

We have never, and will never, receive payment for Memos.

Technology Partners

There may be instances in which one of our services recommends a company with whom we have a business relationship. Think customer service platforms, CRM, data storage, that sort of thing. These occurrences are unintentional and coincidental. The technology side of the company has no input to the analysts.

In Conclusion

Our disclosure policy is designed to be fair to both our customers and employees. You should remember to consider every piece of investment information not as a pure recommendation, but as an idea for further consideration. Even the strongest policy does not excuse individuals from taking responsibility for their own decisions.

Remember, Opens is a guidance service rather than an "advice service". We don't, and don't claim to:

  • Offer recommendations that are personal to you.
  • Offer recommendations based on your specific circumstances and your financial objectives.

As such, you should seek professional financial advice if you’d like it.

  • We provide information about different types of investments and general principles for you to consider when investing.
  • We do not recommend a specific course of action to you or give a personal recommendation about how you should invest.

Opens Disclaimer

Neither Opens, nor any person providing instruction in any content, is providing you legal, accounting, investment or financial advice. You are solely responsible for confirming the accuracy and appropriateness of the information for your own uses with your tax, finance, or legal advisor.

We will not be responsible for any errors or omissions in articles or postings, for hyperlinks, or for any results obtained from the use of such information. We will not be liable for any loss or damage caused by a reader's reliance on information obtained in our assets. If you don't accept this responsibility for yourself, then you should not use our services.

You should not rely upon the information or author’s views we publish. You should use what you read as starting points for doing independent research on companies and investing. Then you can judge for yourself the merits of the material that has been shared in our forum.

If you ignore our advice to do independent research of companies, and stocks, choosing instead to invest solely on information, "tips," or opinions found in our service, you have made a personal decision to do so.

Data & Analysis

In the material and data that we make available on our site and apps, we rely on a wide variety of sources. We promise not to lie to you, but we reserve the right to be wrong. We believe these sources of data to be accurate and reliable, but sometimes they may not be. We makes no claims or representations as to the accuracy, completeness, or truth of any material contained in our areas. Nor is Opens liable for any errors or delays in the content or transmission of the data on platforms.

Our Privacy Policy

Effective date: January 31st, 2023

We know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy.

By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of Opens’s Services is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use. In addition, if you are a resident of the European Union, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation as outlined in our European Data Privacy Notice.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfil your requests for certain products and services, and to analyse how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

As noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at policy@opens.co.

Will Opens ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on the Opens website, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.

What Information does Opens Collect?

Information You Provide to Us:

We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name, email address or phone number. If you provide your third-party account credentials to us or otherwise sign in to the Services through a third party site or service (such as Twitter, Facebook, or Google), you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy. Certain information may be required to register with us or to take advantage of some of our features.

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by contacting us at policy@opens.co

Information Collected Automatically:

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

We don't have ads in our service; however, if we did our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on the Services. Also, if you click on a link to a third party website or service, a third party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honour “Do Not Track” requests you have set using your browser or device.

We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

Will Opens Share Any of the Personal Information it Receives?

We may share your Personal Information with third parties as described in this section.

Information that’s been de-identified:

We may de-identify your Personal Information so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.

Advertisers:

We may allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in San Francisco to show you ads or offers for San Francisco businesses, but we will not tell such businesses who you are. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage information to Advertisers except in aggregate form, and not in a manner that would identify you personally. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach.

We may deliver a file to you through the Services (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. You may be able to opt-out of web beacon tracking conducted by third parties through our Services by adjusting the Do Not Track settings on your browser; please note that we don’t control whether or how these third parties comply with Do Not Track requests.

Affiliated Businesses:

In certain situations, businesses or third party websites we’re affiliated with may provide products or services to you through or in connection with the Services (either alone or jointly with us). For example our in app search engine that allows you to search through content. You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third party account; for example, results of searches you run on the Services. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

Agents:

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

User Profiles and Submissions:

Certain user profile information, including your name, location, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments. Additionally, if you sign into the Services through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Services, and such “friends,” if they are also registered users of the Services, may be able to access certain non-public information you have entered in your Services user profile. Again, we do not control the policies and practices of any other third party site or service.

Business Transfers:

We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Protection of Opens and Others:

We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Opens, our employees, our users, or others.

Is Personal Information about me secure?

Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavour to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Personal Information can I access?

Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us: (a) name and password; (b) email address. The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at policy@opens.co

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to policy@opens.co and we will try to resolve your concerns.

Opens Terms of Use ("Terms")

Last updated: January 31st, 2023

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the opens.co site, the Opens mobile applications or web-app (the "Service", “Services”) operated by Opens App Ltd ("us", "we", or "our").

Please read these Terms and Conditions carefully before using our Services

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.

By accessing or using the Services we offer you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Legal Disclaimer

Information found on opens.co and in the apps that we produce is general information which may be helpful but should not be construed as legal, tax or other professional advice. Laws differ by state and country and we cannot guarantee the accuracy of this information for your particular scenario. You should consult an experienced lawyer, tax professional or financial advisor concerning your specific situation.

Subscriptions

Parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set at either monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

We try to constantly evolve and improve our Services. Therefore, Opens may change, suspend or discontinue any aspect of the app or online service at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability.

Important Information about our Subscriptions:

- Payment made through our website(s) will be charged to the card you enter when you first purchased the subscription.

- Payment made through our mobile apps will be charged to your iTunes Account (iOS users) or Google Account (Android users) when you confirm your purchase.

- Your subscription automatically renews unless you cancel your subscription or auto-renew is turned off at least 24-hours before the end of the period.

- Your account will be charged for renewal within 24-hours prior to the end of the current period.

- You can manage your subscription in the account menu of the apps. Please note that you may have to login to the web version of the Services to complete some actions. Please contact the Support email for up to date information.

- If you no longer wish to subscribe to Opens, it is your responsibility to cancel your Subscription in due time, regardless of whether or not you actively use the Subscription.

Fee Changes

We may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with reasonable prior notice (at least 15 days) of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Trials

Some Services may provide a free trial or introductory offer. If such an offer is provided, only one per person or household is allowed at any given point in time. In addition, there is a limit of one trial per person and household over any given period unless otherwise stated in the offer.

Upon signing up for a free trial, you will have access to the Service for the promotional trial period. If you cancel prior to the end of the promotional offer period, your card will not be charged. If you don't cancel your subscription within the trial offer period, we will charge the primary credit card you provided during the sign-up process.

For payments made on iOS please refer to the App Store policy.

Refunds

Our refund process depends on where you purchased your subscription.

Our website: Contact the Support email to get in touch, if you need a refund sometimes we can process this for you. We reserve the right to refuse refund requests. Requests are unlikely to be granted if your account was cancelled more than 30 days prior to contacting us.

iTunes App Store or Google Play Store: Apple & Google handles all billing for in-app purchases made on iOS and Android devices. Customers who subscribed to Opens through either of these app stores will need to reach out to either Apple or Google directly with any refund requests as we are unable to issue one when a purchase is made in this way.

Accounts

When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

If you are a resident of the European Union: You have the right to delete your account with us by contacting us. If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will also be deleted.

Intellectual Property

The Service and its original content, features and functionality are, and will remain, the exclusive property of Opens, its subsidiaries and its licensors. The Service is protected by copyright, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by us.

We has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms or our code of conduct. This also applies to the community platform, 'Percent'.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Indemnification

You agree to defend, indemnify and hold harmless Opens, its subsidiaries and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Opens, nor its directors, employees, partners, agents, suppliers, 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, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Opens, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Market Data Provider

Data provided by Twelve Data.

If you have any questions about these Terms, please contact us: policy@opens.co