(Last revised: 28 August 2020)
Welcome to Alphien. Alphien is a web-based platform with an infrastructure that can support and host a community of users in their market research. Our platform is designed to allow you to develop, test and license your algorithmic trading strategies as well as to hone your quantitative research skills. We have a strong learning culture at Alphien and we encourage you to interact with other users to exchange ideas, strategies and trading experiences. When we have Competitions hosted on our platform, you are welcome to join and try to win the top prize!
- 1 Introduction
- 2 No Investment or Professional Advice
- 3 Eligibility to Join
- 4 Account: Creation, Requirements and Security
- 5 Alphien Content and User-Generated Content
- 6 Released Content: Joint Ownership and Exclusive Exploitation by Alphien
- 7 Participation to Competitions
- 8 Permitted uses
- 9 Prohibited uses
- 10 Availability of the Site and Services
- 11 Third Party Content
- 12 Privacy and Security
- 13 Feedback
- 14 Disclaimers
- 15 Term and Termination
- 16 Limitation of Liability
- 17 Indemnity
- 18 Release
- 19 Copyright Violations
- 20 General Information
- 21 Contact us
Alphien, a French “Société par Actions Simplifiée”, having its registered office at 6 rue de la Trémoille, 75008 Paris, France, represented by Mr Lionel SEMONIN in his capacity as CEO (“Président”),
(“Alphien”, “our”, “we”, “us”),
You, who must be a natural person of legal age, conditions and capacity to enter into a contract in your country of residence,
(“you”, “your”, “user”).
These Agreements govern your access to and use of www.alphien.com (the “Site”) and any online services that are made available by Alphien through the Site (the “Services”). These Terms cover important information about the Alphien’s obligations to you, the rights we grant to you, your obligations to us, and the rights you grant to us, when you use our Site and Services.
If you wish to review the terms of your Agreements with us, the latest version of the Agreements can be found on Alphien’s website (www.alphien.com/terms). You acknowledge that you have read and understood the Agreements, accepted these Agreements, and agreed to be bound by them. If you do not agree or are not able to comply with the Agreements, you may not use our Site and Services.
Alphien reserves the right, at its sole discretion, to change or modify any provisions within these Terms, at any time. It is your responsibility to check these Terms periodically for changes. If any such amendment or modification is material, we will notify you on Alphien’s Site, community forum, and/or by email. Your continued use of the Site and Services following the posting of changes will mean you accept and agree to the changes. As long as you comply with these Terms, Alphien grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site and Services.
No Investment or Professional Advice
The Site is an interactive platform for Users to conduct and create their quantitative research and strategies. The Site and Services are not intended to provide finance, tax, or legal advice. We are not a financial planner, broker, or tax advisor. Any observations or discussion of any strategy, trading algorithm or investment strategy that takes place in the Site and Services is not a recommendation to make investment decisions or an advice regarding the risk or suitability of any investment. Alphien Site and Services do not constitute or contain investment advice or counsel or solicitation for investment of any product or fund. Alphien Site and Services do not constitute or form part of, and should not be construed as any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should they or any part of them form the basis of, or be relied on in any connection with, any contract or commitment whatsoever. No employee, agent or representative of Alphien intend to provide anyone with any such advice. Any advice given through the Site or the Services is given on a non professional, non official basis and must not be relied upon for any actual financial decision.
Eligibility to Join
Alphien primarily caters its Site and Services to independent scientists, researchers and students. Our Services are designed to improve knowledge and expertise in financial investment research.
Alphien is happy to welcome all types of users from all types of background. However, to be allowed to join the platform, you must ensure that your use of our Services is in full and entire compliance with our Agreements and is in no way in conflict with any other commitments you may have, in particular with your potential employer or clients.
We invite you to sign up, however you do not automatically gain the right to sign in to Alphien Services. We reserve our right to refuse, hold or terminate certain registration, if we think it reasonably necessary, in particular in the event of violation of any of the terms of the Agreements.
Account: Creation, Requirements and Security
Creating an account. In order to ensure our user maximum reliance on our Services we may need to verify your profile. Thus your full name and email address is needed for the registration process. We may ask additional information at our own discretion. You always remain free not to give us such information, but you are informed that such refusal may preclude you from accessing our Services. You may send any additional information allowing us to prioritise your onboarding during our security screening process.
Personal account. You can only have one sole account. Your account is personal, you cannot sign in on behalf of your employer or any third party. When creating an account, you create it as an independent individual and warrant that doing so you do not violate any legal, regulatory or contractual commitment you may be subject to. In particular you are solely responsible and liable to ensure that creating an account and using our Services do not violate any of your obligations towards your employer. You cannot have multiple accounts, you cannot share, lend, rent, sell, exploit or transfer your account to any third party.
Security of your account. You are responsible for the security of your account. We strongly encourage you: (1) to keep your account password secure and confidential; (2) not to share or permit others to use your account; and (3) to use a secure encrypted connection when accessing our Site and Services. In the event of any suspected or actual unauthorised use of your account, please notify us immediately.
Alphien Content and User-Generated Content
Content. “Content” may include audio files, code and code segments, data, databases, data analysis and manipulation functions, data transformations, entire or partial algorithms, graphics, images, trading strategies, portfolios, software, tools, text, lectures, messages, video files, ideas and other information and materials.
Alphien Content. Subject to the specific provision related to User-Generated Content (as defined hereinafter), Alphien is and remains the sole owner of the Services, the Site and any Content provided to you through the use of these (altogether “Alphien Content”). Any use of the Alphien Content is solely permitted in accordance with the Agreements. You hereby acknowledge that you are not allowed, and you will not seek to use, sell, rent, exploit, communicate, copy, adapt and modify all or parts of Alphien Content. Alphien grants you a limited, personal, restricted, temporary, royalty-free license to use the Alphien Content in strict compliance with the Agreements.
You are not allowed to copy, modify, reproduce, republish, post, transmit, sell or offer to sell, in any way without Alphien’s prior written permission any Alphien Content, including without limitation (i) all Alphien’s code, proprietary methods, and systems; (ii) Alphien’s platform design and graphical elements; and (iii) any of Alphien’s intellectual property, trade secret, or otherwise protected information contained in the foregoing. You have no rights over Alphien Content and you must abide by all copyright notices, information, and restrictions with respect to Alphien Content. Alphien’s name, logos, and other materials displayed on our Site and Services, together with the goodwill associated with them, constitute trademarks and logos (“Marks”) owned exclusively by Alphien and you are not authorised to use Alphien’s Marks in any manner whatsoever without Alphien’s prior written approval.
You agree to notify Alphien immediately upon learning of any possible unauthorized transmission of or unauthorized access to Alphien Content and agree to work with Alphien to rectify any unauthorized transmission or access.
User-Generated Content. All Users may submit, post, upload, and contribute (“Submit”, “Submission”) Content to Alphien’s Site and Services (“User-Generated Content”). Alphien personnel and consultants have access to all User-Generated Content for administrative purposes and in particular to ensure the proper use of the Services by users. There are four categories of User-Generated Content, namely:
- “Private Content”: the Content you generated or created and you intend to keep private, for your own use and you do not intend to share or communicate to other users. This Private Content remains your property.
- “Collaborative Content”: the Content you intend and agree to make available and give to specific users with whom you work on the Alphien platform (for instance during Competitions). You only share the ownership of the Collaborative Content with your co-creator(s). In such case, only you and your co-creator(s) will have ownership to the Collaborative Content; no other Users, including Alphien, will have any ownership, right, or license to exploit such Collaborative Content. Alphien is not responsible nor liable for the co-ownership management between you and your teammates.
- “Shared Content”: the Content you intend and agree to make available and give to Alphien and all other Alphien users. In such a case, you assign your ownership, rights and title in and to your Shared Content to Alphien. In return, Alphien will make it available on the platform for the benefit of all users.
- “Released Content”: the Content you intend and agree to make available to Alphien for commercial use. For avoidance of doubt, all Content submitted during competitions or for paper trading are Released Content. Released Content is jointly owned between you and Alphien and Alphien has the exclusive exploitation rights.
You decide which Content you wish to Submit as Collaborative Content, Shared Content or Released Content. Once you choose to Submit your Content, it cannot be changed back.
We will make our best effort to safeguard and use your Content accordingly as indicated by you but we are not a professional online storage service. Thus we will bear no liability for any inadvertent disclosure of any Content and you remain fully and solely responsible and liable for the Content you Submit to our platform.
Mixed Content. In the event you merge your User-Generated Content with Alphien Content (code, data, algorithms, etc.), the resulting work will be a Mixed Content which you cannot use outside the platform. Your hereby acknowledge that any Shared Content and Released Content is Mixed Content and you renounce to use, sell, license or exploit it in any way outside the platform.
Rules of Submission. If you decide to Submit User-Generated Content to Alphien, you represent and warrant that you are responsible and liable that your Submission is your own original work and, as such, you are the sole and exclusive owner and copyright holder of the Submission.
You cannot Submit Content that is not yours. You cannot copy/paste code that you find on the web.
For avoidance of doubt, you agree not to make or participate in any Submission that: (i) infringes any third party rights, intellectual property rights, industrial property rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (ii) otherwise violates any applicable law.
In the event your Submission violates in any way this commitment, you accept to bear all liability and you shall defend, indemnify and hold harmless Alphien and its directors, employees, investors, successors and heirs from and against any and all losses, claims (including third party claims), penalties, actions, damages, liabilities, costs and expenses incident thereto (including reasonable legal counsel fees and expenses), which Alphien may incur, become responsible for, pay out to the extent relating to, based upon, arising out of or in connection with (i) your breach of any of your representations, warranties, covenants or obligations under these Agreements; or (ii) any infringement or misappropriation of the intellectual property rights of any third party; and (iii) your gross negligence or intentional misconduct.
Released Content: Joint Ownership and Exclusive Exploitation by Alphien
Joint-ownership of Released Content. By Submitting Released Content, you hereby assign to Alphien sixty five percent (65%) of any and all rights in or to such Released Content. Thus, you irrevocably agree that Alphien becomes the legitimate co-owner of such Released Content. Furthermore, you agree to grant Alphien with an exclusive, transferable, perpetual, irrevocable, worldwide, fee-bearing (as detailed hereinafter) right to use, modify, reproduce, exploit, license and distribute the Released Content for any purpose that Alphien deems fit and in particular any commercial purposes.
Exclusive exploitation by Alphien. You acknowledge that Alphien intends to commercially exploit Released Content and you encourage it. If Alphien succeeds in such commercial exploitation, Alphien undertakes to share part of the benefit of the commercial exploitation of the Released Content (the “Fee”) according to the following calculation:
- 2 x Fee x 35% / (n+1) if you are the Team Leader
- Fee x 35% / (n+1) if you are not the Team Leader
Where n is the team size (including the Team Leader); if you are not part of a team, n is 1 and you are the Team Leader. Any split change can be requested to Alphien and should be agreed in writing by all persons involved.
The Fee will be calculated by Alphien at its own discretion net of all direct and indirect costs.
Participation to Competitions
Alphien hosts two types of “Competitions”: “Alphathons” and “Challenges”. Prize(s) and licensing fees may be awarded to the winner(s) of the Competitions and Alphien may receive a fee from the sponsor, if any, to host the users for the Competition.
One account per participant. You can participate in Competitions using your own personal account. You cannot sign up to Competitions from multiple accounts and therefore you cannot Submit Released Content from multiple accounts.
Eligibility. To be eligible to enter Competitions, you must be: (i) a registered account holder of Alphien; and (ii) older than 18 years old or the age of majority in your jurisdiction of residence; and (iii) not subject to any bankruptcy or insolvency proceedings or any proceedings relating to the protection of rights of creditors; and (iv) allowed to participate in skills-based competitions in you jurisdiction of residence; and (v) not prevented by law or court decision from performing any of the acts necessary to ensure your participation in the Competition.
If you are an employee of a company, educational institution or any other legal entity, you also warrant that your actions do not violate your employer’s policies and procedures, in particular with respect to intellectual property.
Alphien reserves the right to verify your eligibility and to arbitrate on any dispute at any time. If you provide any false information concerning your identity, residency, email address, ownership of right, or information required for entering the Competition, you may be immediately or retroactively disqualified. In any event of disqualification, you are liable for any damage, costs or expenses that may arise from your wrongful participation in the Competition, in particular the reimbursement of any fee, prize or remuneration received.
Competition Period. The Competition timeline is subject to change, and the sponsor may introduce additional hurdle deadlines during the Competition period. Any updated or additional deadlines will be published on Alphien website and communicated to you via email. It is your responsibility to check the website regularly to stay informed of any deadline changes. You are responsible for determining the corresponding time zone in your location.
Teams. You may join or form only one team. Each team member must be a single individual with a separate Alphien account. You must register individually for the Competition before joining a team. Each team must designate a team leader (“Team Leader”). The Team Leader is responsible for the communication between Alphien and the team and is the only team member able to Submit Released Content on behalf of the whole team.
You are responsible and liable for the proper communication, discussion, good faith and collaboration inside your team. Alphien bears absolutely no liability for any problem or dispute of any kind that may arise between you and the other team members. Where Alphien deems it useful, Alphien may help you as a neutral third-party.
Alphien reserves the right to suspend or terminate your account and/or participation in the Competition in the event of a dispute that you fail to resolve. You hereby specifically acknowledge and agree that you have no automatic right to participate in the Competition and therefore, any termination of your participation may not give rise to any right whatsoever.
To make it official, you must confirm your team membership by responding to the team invitation sent to your email. The Competition's sponsor and/or Alphien may impose a maximum team size. Once a team is confirmed, team members cannot be changed and no member can join or leave without the unanimous acceptance of the other team members. For loyalty and fair-play reasons, Alphien may authorize or forbid further participation of users that join or leave team during the Competition.
Submitted Content - Released Content. Any Submission during a Competition is automatically considered as Released Content.
Winner Obligations. As a condition to being awarded a prize, a prize winner must sign and return, within two (2) weeks following notification, all prize acceptance documents as may be required by the sponsor or Alphien. Failure to complete these obligations will forfeit the prize and another potential winner will be selected. Transfer or assignment of a prize is not allowed.
Prize. The Prize to be distributed for the winner based on the Submitted Content will be distributed with the following split:
- 2 x Prize / (n+1) to the Team Leader
- Prize / (n+1) to the other members of the team
Where n is the team size (including the Team Leader), if you are not part of a team, n is 1 and you are the Team Leader. Any split change can be requested to Alphien and should be agreed in writing by all persons involved.
Taxes. When awarded with a prize, you receive the amount indicated and you are solely responsible for any fees and tax (whether additional or that may reduce the amount of the prize) you may be subject to due to such award.
Publicity. By accepting a prize, you agree that the sponsor and Alphien may use your name and likeness for advertising and promotional purposes without additional compensation, unless prohibited by law.
Internet. The sponsor and Alphien are not responsible for any malfunction of the website or any late, lost, damaged, misdirected, incomplete or destroyed Submissions due to system errors or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or on the Alphien website, or any combination thereof, which may limit a participant’s ability to participate.
Right to Cancel, Modify or Disqualify. If for any reason the Competition is not capable of running as planned due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Competition, the sponsor and Alphien reserve the right to cancel, terminate, modify or suspend the Competition. The sponsor and Alphien further reserve the right to disqualify any participant who tampers with the submission process or any other part of the Competition or Alphien Website. Should such an attempt be made, the sponsor and Alphien each reserves the right to seek damages from any such participant to the fullest extent of the applicable law.
The Shared Content on the Site or Services are open for you to copy, modify, use, comment on, or republish, only on the Site and Services, for the following purposes consistent with our mission to help people write, test and improve their algorithms: (1) your personal use; (2) educational purposes; and (3) to the extent Alphien has expressly authorized in a separate written agreement, applicable to you, for internal business or other purposes. For avoidance of doubt, you cannot use any Content provided by Alphien or accessible through our Services or Site for any commercial purpose.
You are strictly prohibited from engaging in any of the following on our Site and Services:
- Transmit any unlawful, obscene, harmful, abusive, vulgar or objectionable content that may invade another’s right of privacy or publicity;
- Transmit content that violates any applicable law;
- Use Alphien’s Site or the Services in a way that may attract or give rise to legal claims against you or Alphien, or transmit any content that violates any agreement with any third party or contains information that you are under any duty to keep confidential or that infringes on any intellectual property right, trade secret right, or privacy right of any person or entity;
- Use Alphien’s Site or the Services for any activity that may be in breach with your current or previous employment contract and compliance rules, or that infringes on any intellectual property right, trade secret right or privacy right owned by, or produced under your employment obligations with your current or previous employer;
- Interfere with, or attempt to interfere with the Site and Services, including, without limitation, transmitting any malicious content or files containing malware, viruses, spam, or similar materials, through or using Alphien’s Site or Services;
- Obtain or attempt to obtain any Content through any means not intentionally made available to you by Alphien or provided as Shared Content through the Site or Services;
- Attempt to gain unauthorised access to the Site, Services, accounts, computer systems or networks connected to Alphien through password mining, hacking, or any other means;
- Knowingly transmit any false, inaccurate or harmful information using Alphien’s Site or Services;
- Advertise, solicit sales, and promote any commercial enterprise through which you receive direct or indirect compensation, or other consideration, other than from Alphien;
- Use Alphien’s Site or Services in any illegal or unlawful manner or for any illegal or unlawful purpose, including, without limitation, uses that violate any legal or contractual rights of any person or entity;
- Transmit any data or Content that contains a virus, worm, Trojan horse, Spyware, Ransomware, DDoS attack, or any other contaminating or destructive feature;
- Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any data, software, or other Content, information, products or services obtained through the Site or the Services; and
- Copy, modify, publish, transmit, distribute, transfer or sell, create derivative works of, or in any way exploit, any of the Content accessible through the Site not submitted or provided by you, including by use of any robot, spider, scraper, scripting, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology, unless you obtain Alphien’s prior written consent.
If we discover or suspect that you are engaging or attempt to engage in any of the above, we reserve the right to restrict, suspend, or terminate your account at any time without prior notice and claim all liability to you.
In any event of suspension, restriction or termination of your access, your account or your participation in our events, you are liable for any damage, costs or expenses that may arise therefrom, in particular the payment and/or reimbursement of any amount that Alphien shall pay due to your act, omission, fault or negligence.
Availability of the Site and Services
We have the right to modify, suspend, or discontinue the Site and Services at any time without notice, and we do not owe any liability to you or any third party should we exercise such right. Any continued access to the Site and Services, following notice of any such modifications will indicate your acknowledgment of such Terms. If you object to such modifications, your sole recourse will be to discontinue and exit from our Site.
To access our Site or Services you need a valid Internet connection. You are solely responsible to obtain, maintain and pay relevant hardware, software and services subscription. Alphien is not responsible for any malfunction of the website or any late, lost, damaged, misdirected, incomplete or destroyed Submissions due to system errors or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or on the Alphien website, or any combination thereof, which may limit your access to our Site or Services.
Third Party Content
You acknowledge that Alphien Content may contain Content provided by third parties (“Third Party Content”). Such Content in the nature of opinions, advice, statements, offers, data or other information, expressed or made available on the Site or through the Services are those of the respective authors or distributors thereof, and not Alphien. Neither Alphien nor any third-party guarantees, endorses, or is otherwise responsible or liable for the accuracy, completeness, timeliness, reliability, availability, or usefulness of any Content accessible through the Site or Services. Therefore, you are solely responsible for determining the appropriateness of using the Third Party Content and assume any risks associated with your use and reliance.
Privacy and Security
If you provide us with any ideas, thoughts, criticisms, suggested improvements or other feedback related to our Site or Services (collectively “Feedback”), you agree that we will have the right to use and fully exploit such Feedback. You will not submit to us any information or ideas that you consider to be confidential or proprietary, and you further acknowledge that you are not entitled to any compensation, including any royalty related to the product or service that incorporates your Feedback.
We are providing the Site and Services “as is”, “as available”, and without warranties of any kind, whether express, implied or statutory, including, without limitation, warranties of title, non-infringement, system integration, availability, integrity, reliability, transmission or response time, data accuracy, completeness, timeliness, suitability of content or services, or fitness for a particular purpose. Your use of the Site and Services is entirely at your own risk.
Term and Termination
Limitation of Liability
To the maximum extent permitted by law, in no event shall Alphien, including its parent company, subsidiaries or other affiliates, or their respective owners, directors, officers, employees, representatives or agents (each a “related party”) be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising from or relating to these Terms or your use of, or inability to use, the Site and Services. The foregoing is applicable whether or not the loss or injury is caused by events beyond the control of Alphien or any related party. To the extent that Alphien may not, as a matter of applicable law in any particular jurisdiction, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Alphien’s liability will be the minimum permitted under such applicable law in such jurisdiction.
You agree to indemnify, defend, and hold Alphien and its related parties harmless from and against all claims, demands, actions, causes of action, damages, loss, or expenses (including legal fees) which arise or relate, directly or indirectly, out of, from or to:
- your breach or alleged breach of these Terms;
- your violation or alleged violation of any applicable law or regulation;
- any allegation that any Content that you Submitted infringes or otherwise violates the copyright, trade secret, trademark or other intellectual property rights, or any other rights of any person or entity;
- any Content that you Submitted, including Content that is alleged to or does: (a) violate any fiduciary or confidentiality obligations to a third party; or (b) infringe, misappropriate, or otherwise violate the copyright, trade secret, trademark or other intellectual property rights, privacy or publicity rights, or any other rights of a third party; and
- the access or use of Alphien’s Site or Services by you or anyone using your login account.
This section will survive the termination of the Terms for any reason.
To the maximum extent permitted under applicable laws, you release Alphien from any liability related to: (a) any incorrect or inaccurate Content posted on the Site and Services; (b) the conduct, whether online or offline, of any User; and (c) any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration to or in connection with the Site or Services.
We respect and value your work. If you believe that your copyrights have been infringed, please submit the following information to us via email at firstname.lastname@example.org with: 1. A statement declaring that you are the rightful copyright owner; 2. A description of the copyrighted work(s) that you claim has been infringed; 3. A description of where the material that you claim is infringing is located and, if possible, a screenshot or copy of the material and a request for removal; 4. A statement of good faith declaring that the alleged use of your work was not authorised by you, your agent, or the law; 5. A statement declaring that accuracy of the information supplied by you to us; 6. Your physical or electronic signature; and 7. Your address, telephone number, and email address.
Entire Agreement. These Terms governing your use of the Site and Services constitute the entire agreement between you and Alphien.
Governing law. These Terms will be governed by and construed in accordance with the laws of France.
Non-Circumvention. You agree that you will not, by any action, avoid or seek to avoid the observance of any of the terms of this Agreement, and will at all times in good faith carry out all the provisions and take all actions as may be reasonably required to protect the rights of Alphien. You agree not to initiate direct or indirect contact with any of the users with respect to direct investment opportunities unless approval to do so is granted in writing by Alphien on a case by case basis.
No Waiver. At no time will Alphien’s failure or delay in enforcing its right or provision under these Terms operate as a waiver of such right or provision.
Severance. If any provision under these Terms is declared unenforceable or invalid under the rule of law, that provision will be severed herefrom and the remainder of this Agreement will continue to be in full effect.
Assignment. You acknowledge that these Terms are not assignable, transferable or sub-licensable by you. However, we may assign these Terms to any third party, chosen at our sole discretion and without prior notice to you.
Headings. The headings used in these Terms are for convenience purposes and do not have any legal or contractual effect.