Version 2022:1
Updated on: 15 December 2022
Please read these terms and conditions carefully as the apply to your access and use of the Fundrella platform, and contain important information regarding your legal rights, remedies and obligations. These terms and conditions include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes and obligations to comply with applicable laws and regulations.
- GENERAL
1.1 Fundrella AB, reg.no. 559197-9736, a company incorporated and organised under the laws of Sweden (“Fundrella”) provides a global platform for transmitting and accessing monthly fund reports, through which Fund Management Companies (as defined below) can distribute its professional clients reporting and Professional Investors (as defined below) can access monthly fund reports. These terms and conditions regulate the Fund Management Companies’ and Professional Investors’ access to and use of the Fundrella Platform (the “Terms and Conditions”). By using the Fundrella platform, Fund Management Companies and/or Professional Investors (together defined below as “Users”) accept the conditions incumbent upon such usage through these Terms and Conditions, and undertake to comply with them and to be responsible for their authorized representatives’ compliance with them.
1.2 These Terms and Conditions refer to the privacy policy which also apply to the Users representative’s use of the Fundrella platform (“Privacy Policy”). The Privacy Policy sets out the terms on which Fundrella process any personal data we collect from a User or its representative, or that a User or its representative provides to Fundrella. The Privacy Policy shall be considered a supplement to these Terms and Conditions.
1.3 Fundrella defines “Fund Management Companies” as business entities, both privately and publicly owned, that manage, sell and/or market investment funds and/or strategic investments of any kind to investors. Fundrella defines “Professional Investors” as investors who have an appropriate expertise and knowledge of investments, financial markets and trade in public securities as applicable, including, but not limited to, asset managers, distributors, financial intermediaries and private investors (and their representatives).
1.4 The Fundrella platform is intended solely for Fund Management Companies and Professional Investors. By accessing or using the Fundrella platform, the User, whether it is a (i) Fund Management Company, or (ii) Professional Investor, represents and warrants that such User is a, as applicable, (i) Fund Management Company, or (ii) Professional Investor, and that their representative is an eligible representative of such Fund Management Company or Professional Investor.
1.5 These Terms and Conditions apply to all services and all engagements provided by Fundrella. - THE SCOPE OF THE FUNDRELLA PLATFORM
2.1 Fund Management Companies
2.1.1 The Fundrella platform is provided to Fund Management Companies for a fee, in accordance with a service agreement as separately agreed between Fundrella and the Fund Management Company (the “Service Agreement”). Fund Management Companies are provided access to the Fundrella platform through applying for a User Account (as defined below) by completing an online form that is accessible through Fundrella website www.fundrella.com.
2.1.2 The Fundrella platform allows Fund Management Companies and their representatives to upload, submit, publish and store monthly fund reports (including, but not limited to, fund information, fund categorization, statistics and marketing materials) (“Data”) on the Fundrella platform, in accordance with these Terms and Conditions. The Fund Management Company that Data concerns, retains the ownership of such Data. Any submitter of Data (whether a Fund Management Company or representative) warrants that it is either the owner of the Data or holds a valid permission to use and upload such Data from the Data´s owner. Fundrella neither warrants nor represents that Data, or the use thereof, will not infringe rights of third parties.
2.1.3 Each Fund Management Company is solely liable for any information provided, published and distributed by the Fund Management Company on the Fundrella platform and such data is correct, complete and non-misleading.
2.1.4 Fundrella provides market intelligence based on the data provided by Fund Management Companies and ESG preferences provided by Professional Investors. All fund data in the market intelligence reports is aggregated and asset managers are grouped and anonymized. Fundrella does not assess the quality or suitability of funds but only acts as a neutral data facilitator.
2.1.5 Fundrella’s ESG Alignment figures are created by a mathematical percentage match between the ESG data provided by asset managers and the ESG preference data collected from professional investors, using Fundrella’s proprietary ESG parameters to calculate the match. Additionally, Fundrella may from time to time publish fund-specific top lists within specific product categories or peer groups, ranked by ESG Alignment.
2.1.6 Fundrella may use EET files (European ESG Templates) and other additional available data sources to complete the fund categorization.
2.1.7 When the Fund Management Company uploads and publish the Data on the Fundrella platform, the Fund Management Company hereby agree and acknowledge that such Data is in the public domain.
2.2 Professional Investors
2.2.1 The Fundrella platform shall be used by Professional Investors only. A Professional Investor may request a user account and needs to confirm their professional investor status and professional investor company domain when applying for a user account. Fundrella may require additional proof regarding professional investor status and may also decline a user account request. Each Professional Investor is solely liable for the information provided and ensures that the information is correct, complete and non-misleading.
2.2.2 Through the Fundrella Platform, Professional Investors can access and subscribe for monthly fund reports. Professional Investors are provided access to the Fundrella platform through applying for a User Account by completing an online form that is accessible on Fundrellas website www.fundrella.com.
2.2.3 The Professional Investor agrees and acknowledges that provided Data accessible on the Fundrella platform does not constitute Fund Management Companies’ mandatory reporting in accordance with the obligations of the Fund Management Companies under any laws, regulations, statutes, stock exchange rules or other standards and rules, as applicable.
2.3 The User Accounts
2.3.1 A user account is connected to a certain User and may only be used by such User or its representative (“User Account”). Each User is responsible for keeping their login information secure and to keep their information updated and complete.
2.3.2 Each User and its representative are jointly responsible for the activities conducted under their User Accounts. - INTELLECTUAL PROPERTY
3.1 The User acknowledges and agrees that the Fundrella platform, including all associated intellectual property rights, are the exclusive property of Fundrella. The User will not remove, alter or obscure any copyright, trademark, service mark or proprietary rights notices incorporated in or accompanying the Fundrella platform and/or services provided by Fundrella through the Fundrella platform. The Users’ and their representatives’ permitted use of the Fundrella platform is limited to the rights granted under these Terms and Conditions. Fundrella retains the copyright and all intellectual property rights relating to Fundrella and the Fundrella platform. Nothing in these Terms and Conditions shall be construed as giving license to a User to the intellectual property of Fundrella, except insofar as is expressly stated herein. - LIMITATION OF LIABILITY
4.1 This section 4 (limitation of liability) is applicable to Professional Investors using the Fundrella platform under the free license as set out in section 2 (Professional Investors). Fundrella’s liability in relation to Fund Management Companies is governed by the Service Agreement. Notwithstanding what is set out in this section 4.1, Fundrella shall not be liable for any direct or indirect damages arising out of the User’s use of the Fundrella platform.
4.2 All information accessible on the Fundrella platform is for general information only and shall not be used as the basis of making any investment decisions. The Fundrella Platform does not provide any investment advice and nothing on the Fundrella platform shall be interpreted as any investment advice. Fundrella does not recommend investments in any of the funds whose reports are available on the Fundrella platform. Investments are made at the Professional Investor’s own risk, and Fundrella shall not be liable for any loss or damage which the Professional Investor suffers through investments made based on the information accessed on the Fundrella Platform from time to time.
4.3 Fundrella is not responsible for any Data published or made visible on the Fundrella platform nor the aggregated Analytics reports created based on that data. No warranty of accuracy and liability is given in respect of any error or omission in such Data.
4.4 The Fundrella platform is provided “as is”, without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, its fitness for a particular purpose, or non-infringement.
4.5 The Fundrella platform may contain links to Fund Management Companies’ websites. Fundrella has not reviewed any of the Fund Management Companies’ websites to which the Fundrella platform links. Fundrella is not responsible for the content to be found directly or indirectly on any Fund Management Company’s website nor does Fundrella endorse or recommend the products or services presented on any such Fund Management Company’s website. Following links to any Fund Management Company’s website shall be at the Professional Investor’s own risk. - PROHIBITED USE OF THE FUNDRELLA PLATFORM
5.1 The User may use the Fundrella platform for lawful purposes only. The User may not impersonate any person or entity, or falsify or otherwise misrepresent itself or its affiliation with any person or entity.
5.2 The Fund Management Company is strictly prohibited from posting or transmitting any material that could cause Fundrella harm, constitute a criminal offence, give rise to civil liability or otherwise violate any laws or these Terms and Conditions. Fundrella assumes no responsibility for Users posting or transmitting of such material.
5.3 All information accessible on the Fundrella platform is for general information only and shall not be used as the basis of making any investment decisions. The Fundrella Platform does not provide any investment advice and nothing on the Fundrella platform shall be interpreted as any investment advice. - BREACH OF THE TERMS
6.1 If the Fundrella platform is, in Fundrella’s sole judgement, used in violation of these Terms and Conditions, or if the use constitutes a risk of harming Fundrella’s goodwill, trademark or reputation in general, or if Fundrella in sole judgement deems otherwise inappropriate, Fundrella reserves the right to deny, delete, restrict or block any Data, content and/or User Account, if necessary, related to the breach and to limit the faulting User’s or its representative’s access to the Fundrella platform. - MISCELLANEOUS
7.1 If, at any time, any provision of these Terms and Conditions is or becomes illegal, invalid, or unenforceable in any respect under any law or jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
7.2 Fundrella reserves the right to modify the Fundrella platform or these Terms and Conditions at any time with immediate effect. Fundrella will inform Users prior to such changes coming into effect. - GOVERNING LAW AND DISPUTES
8.1 These Terms and Conditions and any non-contractual obligations arising in relation hereto, shall be governed by and construed in accordance with the substantive laws of Sweden, without regard to its conflict of law rules and principles.
8.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled by the City Court of Stockholm as the first instance.