Terms & Conditions

The present General Terms and Conditions of Use (hereinafter the "GTC") govern the contractual relationship between LB MACRO SA, with its registered office at Via Guglielmo Marconi 4, Lugano, Switzerland, entered in the Commercial Register of the Canton of Ticino under number CHE-387.541.564 (hereinafter the "Provider"), and the user of the financial information service (hereinafter the "User").

1. Definitions

For the purposes of the present GTC, the following terms shall have the meanings set out below:

Service: The digital platform operated by the Provider that supplies financial information, macroeconomic and market analyses, data and news services for professionals, companies, and associations.
Content: All information, data, analyses, forecasts, texts, charts, and any other material made accessible through the Service.
User: The natural or legal person subscribing to a plan in order to access the Service.
Contract: The agreement between the Provider and the User for the provision of the Service, consisting of the present GTC and the specific details of the subscribed plan.
Account: The User's personal profile, protected by credentials, allowing access to the Service.

2. Purpose and Scope of Application

The present GTC form an integral part of the Contract and govern the User's access to and use of the Service.
Acceptance of the GTC is a prerequisite for subscribing to and using the Service. The User accepts the present GTC, as amended from time to time, upon creation of the Account and subscription to the plan.
Any special conditions or deviating agreements must be concluded in writing in order to be valid.

3. Content of Contract

The Contract concerns the granting by the Provider to the User of a non-exclusive, personal, and non-transferable right to access and use the Service, consisting in the provision of financial information and market analyses in electronic form only, through the Provider's online platform.
The information provided through the Service is of a standardized and general nature and is not tailored to the User's specific situation.
The User acknowledges and accepts that the Service is intended for purely informational purposes and does not in any way constitute financial advice, investment advice, recommendations to buy, sell, or hold financial instruments, nor a public solicitation of savings.

4. Absence of FINMA Supervision and Nature of the Information

The User expressly acknowledges and accepts that the Service offered by the Provider, and the Provider itself in relation to such Service, are not subject to the supervision of the Swiss Financial Market Supervisory Authority (FINMA) or of any other Swiss or foreign financial regulatory authority.
The information and analyses provided through the Service are based on sources considered reliable by the Provider; however, the Provider does not guarantee their accuracy, completeness, timeliness, or suitability for any particular purpose.
Any investment or other financial decisions made by the User based on information obtained through the Service are the sole responsibility of the User. The Provider shall in no event be liable for any losses, direct or indirect damages, or loss of profit arising from the use of the Service or reliance on the information contained therein.
The Provider recommends that the User consult a qualified and independent financial advisor before making any investment decision.

5. Subscription Types and Trial Period

The Provider offers different types of subscriptions to the Service. Subscriptions may be available on a one-time, monthly, annual, or other basis.
New Customers may be offered the possibility to benefit from a free or reduced-fee trial period (hereinafter the "Trial Period"). The specific conditions of the Trial Period, including whether it is free of charge or subject to a fee, shall be indicated at the time of registration.
The Trial Period is granted only once per User. Any attempt to benefit from multiple Trial Periods by using several accounts may result in the suspension or termination of access to the Service.

6. Duration, Renewal, and Termination

6.1. Duration and Automatic Renewal:

a. The duration of the Contract corresponds to the subscription period selected by the User (e.g. trial, monthly, annual).

b. Unless otherwise specified, and except for trial or one-time subscriptions, upon expiry of the initial period or of any subsequent renewal period, the Contract shall be tacitly renewed for an equivalent duration, under the tariff conditions in effect at the time of renewal.

6.2. Termination:

a. The User may terminate the subscription at any time by accessing their Account on the Provider's platform and following the cancellation procedure, subject to a period of notice specified at the time of subscription. In the absence of such specification, a period of notice of 30 days prior to expiry shall apply.

b. The Provider may terminate the Contract at any time, subject to the same period of notice as above, by written communication (e-mail) to the address provided by the User.

In the event of termination, the User shall retain access to the Service until the end of the subscription period already paid for. No refunds shall be granted for partially used subscription periods.

7. Fees and Payment Methods

The subscription fee for the Service corresponds to the amount indicated on the Provider's website at the time of subscription or renewal and is stated in Swiss francs (CHF), including VAT where applicable.
The subscription fee is payable in advance for each selected subscription period and will be charged to the credit card provided by the User at registration or subsequently updated.
The User expressly authorizes the Provider's third-party payment processor to store the User's credit card data and to automatically charge the amounts due for the initial subscription and each subsequent renewal, until termination of the Contract.
The User is responsible for ensuring that the credit card details provided are valid, up to date and have sufficient funds to cover the subscription fee. In the event of non-payment due to card expiry, insufficient funds or any other reason, the Provider reserves the right to suspend access to the Service until payment is regularized. The Provider may reattempt the charge.
The Provider reserves the right to modify subscription fees. Any price changes will be communicated to the User by e-mail or by notice on the platform (application or website) at least 30 days prior to their effective date and will apply only to renewals following the notice. If the User does not accept the price change, the User may terminate the Contract in accordance with Art. 6.2.

8. Terms of Use (Licence)

8.1. Number of Licences

Unless otherwise agreed in writing with the Provider or unless different conditions apply to higher-tier subscription plans (e.g. corporate plans), each subscription grants one (1) single user license. This license is personal and permits access to and use of the Service by the individual registered User only. Access may not be shared with third parties.

8.2. Permitted Use

The Service is provided for the User's personal and informational use. Where the subscription is entered into by a legal entity, the use is intended for the internal purposes of such entity and limited to the number of users authorized under the license. The use of the Service for external commercial purposes (e.g. resale of the information or provision of services to third parties based on the Provider's information) is prohibited without the Provider's prior written consent.

8.3. Restrictions

The User is prohibited from:

a. Reproducing, copying, duplicating, distributing, transmitting, selling, reselling, renting, sublicensing, modifying, translating, creating derivative works from, decompiling, disassembling, reverse-engineering or otherwise attempting to discover the source code of the platform or the Content of the Service, except to the extent expressly permitted by applicable law.

b. Using the Service in any manner that could damage, disable, overload, or impair the Provider's platform or interfere with another Customer's use of the Service.

c. Using robot, spider, scraper, or other automated means to access the Service or extract data without the Provider's prior written consent.

d. Removing, obscuring, or altering any copyright notice, trademark, or other intellectual property notice contained in the Service.

9. Intellectual Property and Copyright

All Content provided through the Service, including logos, icons, images, software, and the structure and organization of the platform, is the exclusive property of the Provider or its licensors and is protected by Swiss and international laws on copyright, trademarks, and other intellectual property rights. Reference is made in particular to the Swiss Federal Act on Copyright and Related Rights (CopA).
This Contract does not transfer to the User any ownership rights over the Content or the platform but grants only a limited, non-exclusive, non-transferable, and revocable license to use them in accordance with the terms set out herein.
Any use of the Content not expressly authorized by this Contract or by law is strictly prohibited and constitutes an infringement of the Provider's intellectual property rights.

10. Protection of Personal Data

The Provider undertakes to process the User's personal data in compliance with the Swiss Federal Act on Data Protection (FADP), the European General Data Protection Regulation (GDPR), and its own Privacy Policy, available on the Provider's website, which the User declares to have read and understood.
The personal data collected (such as name, e-mail, and Service usage data) shall be processed for the purposes of performing this Contract, managing the subscription, invoicing, providing the Service, customer support, and -subject to the User's specific consent - for marketing purposes.
The User has the right to access personal data and to request its rectification, deletion (within the limits permitted by law and contractual obligations), restriction of processing, or to object to the processing for legitimate reasons, as well as the right to data portability, in accordance with the procedures described in the Privacy Policy.
The Provider shall implement appropriate technical and organizational security measures to protect the User's personal data against loss, theft, unauthorized access, disclosure, copying, misuse, or unlawful alteration.

11. Exclusions and Limitations of Liability

Without prejudice to Art. 4, the Provider supplies the Service as it is available, without any express or implied warranty as to uninterrupted functionality, freedom from errors, viruses, or other harmful components.
To the maximum extent permitted by applicable law, the Provider's total liability arising out of or in connection with this Contract, on any legal ground (including negligence, breach of contract, or otherwise), shall not exceed the total amount paid by the User to the Provider for the Service during the twelve (12) months preceding the event giving rise to liability.
The Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profit, loss of data, or business interruption, even if advised of the possibility of such damages.
The limitations of liability set out in this article shall not apply in cases of willful misconduct or gross negligence on the part of the Provider, nor in cases of personal injury, in accordance with Art. 100 of the Swiss Code of Obligations (CO).

12. Changes to the Service and to the Contractual Terms

The Provider reserves the right to modify, temporarily suspend, or permanently discontinue, in whole or in part, the Service or certain of its features for technical, operational, or update-related reasons, or to improve its quality. The Provider undertakes to notify the User of such changes with reasonable prior notice, where possible.
The Provider reserves the right to amend the terms of these GTC, including the Privacy Policy. Such amendments shall be communicated to the User by e-mail or by notice on the platform at least 30 days prior to their effective date. Continued use of the Service by the User after such date shall constitute acceptance of the amendments. If the User does not accept the amendments, they shall have the right to terminate the Contract in accordance with Art. 6.2, with effect as from the date on which the amendments enter into force.

13. Suspension and Termination of the Service

The Provider reserves the right to suspend or terminate the User's access to the Service, without prior notice, in the following cases:
- a. Breach by the User of any provision of this Contract, in particular Art. 7 (non-payment), 8 (terms of use), and 9 (intellectual property).
- b. Fraudulent or unlawful use of the Service by the User.
- c. Request by competent judicial or administrative authorities.
- d. Need to perform extraordinary or urgent maintenance work on the platform.
In the event of suspension due to a breach by the User, the Provider may, at its discretion, reactivate the Service once the breach has been remedied. Suspension does not release the User from the obligation to pay the fees due.
In the event of permanent termination of the Service by the Provider not attributable to the User's fault, the Provider may, at its discretion, refund the User the portion of the fee already paid and not used.

14. Termination of the Contract

Either Party may terminate the Contract with immediate effect by written notice to the other Party in the event of a serious and continuing breach by the other Party of its obligations under the Contract, if such breach is not remedied within fifteen (15) days from receipt of a formal notice to perform.
Without limitation, the following shall constitute grounds for immediate termination by the Provider: repeated non-payment of fees, repeated violation of the terms of use or of intellectual property rights, and fraudulent use of the Service.

15. Assignment of the Contract

The User may not assign the Contract or any of the rights or obligations arising therefrom to any third party without the prior written consent of the Provider.
The Provider shall have the right to assign the Contract or any of the rights or obligations arising therefrom to third parties (for example, in the event of a merger, acquisition, or transfer of a business unit), subject to prior notice to the User. In such case, the User shall have the right to terminate the Contract should they not wish to continue the relationship with the assignee.

16. Safeguard Clause

Should one or more provisions of these GTC be or become null, invalid, or unenforceable, in whole or in part, for any reason whatsoever, this shall not affect the validity and enforceability of the remaining provisions.
The Parties undertake to replace any null, invalid, or unenforceable provision with a new valid and enforceable provision that, to the extent possible, achieves the same economic and legal purpose as the original provision.

17. Applicable Law and Jurisdiction

This Contract shall be governed by and construed in accordance with substantive Swiss law, to the exclusion of rules of private international law.
Any dispute arising out of or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts at the Provider's registered office. Mandatory statutory provisions providing for a different place of jurisdiction shall remain reserved, in particular for contracts concluded with consumers.

18. Final Provisions

This Contract, together with the Privacy Policy and any other documents expressly referred to herein, constitutes the entire agreement between the Parties with respect to the content of the Contract and supersedes any prior agreement, understanding, or representation, whether written or oral, between the Parties.
Any amendments or additions to this Contract shall be made in writing and signed by both Parties, unless otherwise provided in Art. 12 regarding unilateral amendments by the Provider.
Failure or delay by either Party in exercising any right under this Contract shall not constitute a waiver of such right, nor shall it prejudice the Party's ability to enforce it at a later time.

Acceptance of the GTC: By completing registration for the Service and/or making the first payment, the User declares to have read, understood, and fully accepted all terms and conditions of these GTC.