Transparent terms of service for long-term stability.
Last updated: October 24, 2023
01
Company Information
- Legal name: XMS QUEST SRL
- Registered address: Str. Occidentului 71, Bl. 1, Sc. A, Ap. 25, Zip code 077160, Romania
- Registration number: J23/6572/2022
- Unique registration code: 46898989
- Contact email: bogdan@xms.quest
02
The Service
DCA is a web-based SaaS platform that enables users to synchronize supported broker portfolios, create and manage manual investment portfolios, and view financial analytics and indicators (including P/E, P/B, ROA, ROE, and dividend-related information).
2.1 No Advice / No Fiduciary Relationship
- The Service is informational and analytical only.
- It does not provide financial, investment, legal, or tax advice.
- It does not execute trades or transactions.
- It does not act as a broker, investment adviser, commodity trading adviser, or fiduciary.
- Nothing on the Service constitutes a recommendation, solicitation, or offer to buy or sell securities. You are solely responsible for all decisions and actions you take.
03
Eligibility
- You are at least 13 years old (or 16 years old in the European Union).
- You have the legal capacity to enter into a binding contract.
- If under 18 (or age of majority), you use the Service under the supervision of a parent or legal guardian.
- The Service is offered globally, subject to applicable laws and regulations.
04
Accounts and Access
4.1 Account Creation
- An account is required (except for limited demo access).
- Accounts are created via email/password authentication.
- You must provide accurate and current information.
4.2 Account Security
- You are responsible for safeguarding your credentials.
- You are responsible for all activity under your account.
- You must notify us promptly of any unauthorized use.
4.3 Restrictions
- One account per user.
- No account sharing, resale, or sublicensing.
- We may suspend or terminate accounts that violate these Terms.
05
Plans, Pricing, and Subscriptions
5.1 Plans
- Free plan: One manual portfolio, up to 10 holdings.
- Paid plans: Unlimited portfolios, including broker-synced accounts.
Features and limits may change over time.
5.2 Billing
- Payments are processed via Stripe.
- Prices are shown in USD.
- Taxes are included unless stated otherwise.
- Subscriptions are billed monthly or yearly.
5.3 Auto-Renewal
Subscriptions automatically renew unless cancelled before the end of the billing period.
06
Cancellation and Refunds
6.1 Cancellation
- You may cancel at any time.
- Cancellation takes effect at the end of the current billing period.
- Access continues until the period expires.
6.2 Refund Policy
Refunds are pro-rated for the unused portion of the billing period:
- Monthly plans are calculated on unused days
- Yearly plans on unused months
Processing fees are non-refundable where permitted by law.
07
Acceptable Use
You agree not to:
- Abuse, disrupt, or overload the Service.
- Scrape or harvest data without authorization.
- Reverse engineer or attempt to derive source code.
- Share or resell access.
- Use the Service unlawfully or fraudulently.
Violations may result in suspension, termination, or legal action.
08
Intellectual Property
All rights in the Service, including
- Software, algorithms, analytics
- Branding, trademarks, logos
- Text, graphics, and content
are owned exclusively by XMS QUEST SRL or its licensors.
User-Generated Data
You grant us a non-exclusive, royalty-free, worldwide license to host, store, process, and display data you input solely to provide the Service.
09
Third-Party Services
The Service integrates third-party services, including:
- Stripe (payments)
- SnapTrade (broker integrations)
- AlphaVantage (financial data)
Third-party services are governed by their own terms. We are not responsible for third-party availability, accuracy, or functionality.
10
Data Protection and Privacy
Personal data is processed in accordance with our Privacy Policy, which forms part of these Terms.
11
Availability and Modifications
The Service is provided on a best-effort basis. We do not guarantee uninterrupted or error-free operation.
We may:
- Modify or discontinue features
- Change pricing with reasonable notice
- Update these Terms
Continued use constitutes acceptance of changes.
12
Disclaimer of Warranties
EU USERS
Nothing in these Terms excludes warranties that cannot be excluded under applicable law.
US USERS
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13
Limitation of Liability
To the maximum extent permitted by law:
- We are not liable for indirect, incidental, consequential, or special damages
- Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
Nothing limits liability where prohibited by law (e.g., fraud, gross negligence).
14
Indemnification
You agree to indemnify and hold harmless XMS QUEST SRL from any claims, damages, losses, and expenses arising out of your use of the Service, your violation of these Terms, or your violation of applicable laws or third-party rights.
15
Termination
You may terminate your account at any time.
We may suspend or terminate access immediately if required by law, for security reasons, or for breach of these Terms.
Upon termination:
- Access ends
- Data handling follows the Privacy Policy,
16
Governing Law & Dispute Resolution
16.1 EU Users
These Terms are governed by the laws of Romania.
Disputes fall under the exclusive jurisdiction of Romanian courts.
16.2 US Users – Arbitration & Class Action Waiver
For users located in the United States:
- Disputes shall be resolved by binding arbitration
- No class actions or representative proceedings
- Arbitration shall be conducted under AAA rules
- You may opt out of arbitration within 30 days of first acceptance by emailing us
This clause does not apply where prohibited by law.
17
DMCA (US Copyright Notice)
If you believe content infringes your copyright, please contact us with a DMCA-compliant notice at:
bogdan@xms.quest
18
Export Controls & Sanctions
You represent that you are not subject to US, EU, or UN sanctions and will not use the Service in violation of export control laws.
19
Miscellaneous
- These Terms constitute the entire agreement
- If any provision is unenforceable, the remainder remains valid
- Failure to enforce a provision is not a waiver
20
Contact
For questions regarding these Terms:
bogdan@xms.quest
Str. Occidentului 71, Bl. 1, Sc. A, Ap. 25, Zip code 077160, Romania