End User License Agreement
This End User License Agreement ("Agreement" or "EULA") is a legally binding contract between you ("End User" or "you") and Protonyx LLC ("Protonyx," "we," "us," or "our") governing your use of the Vector software application, including the desktop application (Windows and macOS), the browser-based web application, any associated documentation, and any updates or upgrades to the foregoing (collectively, the "Software").
BY CLICKING "I AGREE," CHECKING THE ACCEPTANCE BOX, INSTALLING THE SOFTWARE, LAUNCHING THE SOFTWARE FOR THE FIRST TIME, OR CREATING AN ACCOUNT AT PROTONYXDATA.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE, YOU MUST NOT INSTALL, LAUNCH, OR USE THE SOFTWARE IN ANY FORM, AND YOU MUST DELETE ANY COPIES IN YOUR POSSESSION.
This Agreement operates alongside, and incorporates by reference, the Protonyx Terms of Service ("ToS") and Privacy Policy, both available at protonyxdata.com. In the event of a conflict between this Agreement and the ToS regarding software licensing terms specifically, this Agreement shall control. In the event of a conflict regarding data collection and privacy, the Privacy Policy shall control.
For purposes of this Agreement:
"Software" means the Vector desktop application (Windows and macOS), the Vector web application, all associated files, libraries, documentation, and any updates, patches, or upgrades Protonyx makes available.
"Device" means any computer, workstation, or other hardware you own or lawfully control on which the Software is installed or accessed.
"Personal Use" means use solely for your own individual investment tracking and analysis, on your own behalf, and not for or on behalf of any employer, client, organization, or other third party.
"Commercial Use" means any use of the Software (i) on behalf of an employer, organization, or client; (ii) in connection with providing services to any third party; (iii) as part of a product or service offering; or (iv) in any manner from which you or any third party derives commercial benefit based on the Software's output.
"Enterprise Deployment" means any installation, distribution, configuration, or provisioning of the Software across multiple devices or user accounts by or on behalf of an organization, IT department, employer, or managed service provider, regardless of whether the organization is for-profit or non-profit.
"Update" means any patch, bug fix, minor version update, or major version release of the Software that Protonyx makes available.
Subject to your full and continued compliance with this Agreement, Protonyx grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) download, install, and run one (1) copy of the Vector desktop application on Devices you personally own or control; and
(b) access and use the Vector web application through a compatible browser on Devices you personally own or control;
solely for Personal Use as defined in Section 1.
This license is granted to you as an individual. It is not transferable to any other person or entity. You may install the desktop application on more than one Device that you personally own, provided you are the sole user of the Software on each such Device and use remains Personal Use.
You agree that you will not, and will not permit any third party to:
(a) copy, reproduce, or duplicate the Software except as reasonably necessary for Personal Use backup purposes;
(b) modify, adapt, translate, or prepare derivative works based on the Software or any component thereof;
(c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, data structures, or underlying logic of the Software, except to the extent such restriction is expressly prohibited by applicable law;
(d) sell, sublicense, rent, lease, lend, loan, assign, transfer, or otherwise make the Software available to any third party for any purpose;
(e) use the Software for any Commercial Use without Protonyx's prior written consent;
(f) engage in or facilitate any Enterprise Deployment of the Software without a separate written commercial license agreement executed with Protonyx (see Section 4);
(g) remove, alter, obscure, or circumvent any proprietary notices, copyright notices, license notices, or technical protection measures in or on the Software;
(h) use the Software, or any output it generates, as a component of, or basis for, any competing product or service;
(i) use automated scripts, bots, scrapers, or similar tools to interact with the Software or to extract data from any data source the Software accesses; or
(j) use the Software in violation of any applicable law or regulation, including any applicable securities law.
Enterprise Deployment of the Software without a separate written commercial license agreement is strictly prohibited.
If you are an IT administrator, employer, managed service provider, or any other party seeking to deploy, distribute, or provision the Software across more than one user account or device under organizational control, you must contact Protonyx at legal@protonyxdata.com to obtain a commercial license prior to any such deployment.
If you are an individual who wishes to use the Software in a Commercial Use context, including but not limited to analyzing portfolios on behalf of clients or as part of employer-directed work, you must obtain Protonyx's prior written consent before doing so.
Unauthorized Enterprise Deployment or Commercial Use constitutes a material breach of this Agreement and of the Protonyx Terms of Service, and Protonyx reserves all available legal and equitable remedies.
The Software and all associated intellectual property, including but not limited to source code, object code, algorithms, analytical models, the Lens engine, computational methods, interface designs, graphics, documentation, and all other elements, are the exclusive property of Protonyx LLC and are protected by U.S. and international copyright, trade secret, patent, and other intellectual property laws.
This Agreement grants you a license to use the Software; it does not transfer ownership of the Software or any intellectual property to you. All rights not expressly granted herein are reserved by Protonyx.
The names "Protonyx" and "Vector," and all associated logos, marks, and trade dress, are trademarks of Protonyx LLC. You may not use any Protonyx trademark, trade name, or logo without Protonyx's prior written consent.
You retain ownership of all portfolio data and other content you personally enter into the Software.
Protonyx may, at its discretion, release Updates to the Software. Updates may be delivered automatically or may require manual download and installation. By installing or using any Update, you agree that this Agreement applies to the Update and to all subsequent versions of the Software.
Protonyx is not obligated to provide any Updates, maintain any particular version of the Software, or maintain backward compatibility between versions.
THE SOFTWARE IS AN ANALYTICAL TOOL ONLY. PROTONYX LLC IS NOT A REGISTERED INVESTMENT ADVISER, BROKER-DEALER, FINANCIAL PLANNER, OR FIDUCIARY OF ANY KIND. NOTHING PRODUCED BY THE SOFTWARE, INCLUDING ANY OUTPUT FROM THE LENS ENGINE, CONSTITUTES INVESTMENT ADVICE, A SECURITIES RECOMMENDATION, OR A SUGGESTION TO BUY, SELL, HOLD, OR OTHERWISE TRANSACT IN ANY FINANCIAL INSTRUMENT.
Output that employs action-oriented or directive language is generated automatically by predetermined rule-based logic and carries no advisory meaning. You are solely and exclusively responsible for all investment decisions you make. Protonyx bears no liability for any financial outcome arising from your use of the Software or reliance on its output.
This section is a summary. The complete financial advice disclaimer in the Protonyx Terms of Service, Section 4, is incorporated herein by reference and shall govern.
The Software incorporates certain open-source software components, which are governed by their respective licenses. A list of open-source components used in the Software is available at protonyxdata.com/licenses.
The Software retrieves market data from third-party providers, including Yahoo Finance via the open-source yfinance library. Protonyx is not affiliated with, endorsed by, or responsible for any third-party data provider. Third-party data is provided as-is. Protonyx makes no representation as to its accuracy, completeness, or timeliness, and is not liable for any loss or consequence arising from inaccurate, delayed, or unavailable third-party data.
Use of the Software does not grant you any license or right to any third-party data beyond what is necessary for personal analytical use within the Software.
The Software is built with a local-first architecture. Your portfolio data, analytics results, and application settings are stored exclusively on your Device and are never transmitted to Protonyx. The Software transmits only ticker symbols to third-party market data providers and transmits only authentication credentials to Protonyx servers for account verification purposes.
Your personal information is governed by the Protonyx Privacy Policy, available at protonyxdata.com/privacy, which is incorporated into this Agreement by reference.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROTONYX LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT.
PROTONYX DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, THAT ANY DATA OR OUTPUT WILL BE ACCURATE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IN THOSE JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROTONYX LLC OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF INVESTMENT RETURNS, FINANCIAL LOSSES ARISING FROM INVESTMENT DECISIONS, OR COST OF SUBSTITUTE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT PROTONYX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PROTONYX'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS UNDER OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO PROTONYX IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) FIFTY U.S. DOLLARS ($50.00).
THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; IN THOSE JURISDICTIONS, PROTONYX'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Protonyx LLC and its members, managers, officers, employees, contractors, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Software; (b) your breach of this Agreement; (c) your violation of any applicable law or regulation; (d) any investment decision you make based in whole or in part on Software output; (e) any unauthorized Enterprise Deployment or Commercial Use by you or under your account; or (f) any dispute between you and a third party arising from your use of the Software.
This Agreement is effective as of the date you first install, launch, or use the Software and continues until terminated.
Termination by you. You may terminate this Agreement at any time by uninstalling all copies of the Software from your Devices, ceasing all access to the web application, and deleting all associated files. Termination does not relieve you of obligations or liabilities that arose before termination.
Termination by Protonyx. Protonyx may terminate this Agreement and your license immediately and without prior notice if: (a) you breach any provision of this Agreement; (b) you breach the Protonyx Terms of Service; (c) Protonyx determines in its sole discretion that your use poses a risk to Protonyx, its data providers, or other users; or (d) Protonyx discontinues the Software. For terminations not based on breach, risk, or discontinuation, Protonyx will endeavor to provide at least 7 days' advance notice to the email address associated with your account.
Effect of termination. Upon termination for any reason, your license immediately ends, and you must immediately uninstall and delete all copies of the Software from your Devices and cease all access to the web application. Protonyx is not liable to you for any loss resulting from termination of this Agreement in accordance with its terms.
Survival. Sections 3, 4, 5, 7, 10, 11, 12, 13, 14, and 15 survive termination of this Agreement.
This Agreement is governed by the laws of the State of Missouri, United States, without regard to its conflict of laws principles. All disputes arising out of or related to this Agreement that are not resolved informally shall be resolved in accordance with the dispute resolution provisions of the Protonyx Terms of Service, Section 15, including its binding arbitration clause, class action waiver, and arbitration opt-out right, all of which are incorporated herein by reference. Your right to opt out of arbitration, as described in ToS Section 14, applies equally to disputes under this Agreement.
Entire Agreement. This Agreement, together with the Protonyx Terms of Service and Privacy Policy, constitutes the entire agreement between you and Protonyx with respect to the Software and supersedes all prior agreements, representations, and understandings relating to the Software.
Severability. If any provision of this Agreement is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force.
No Waiver. Protonyx's failure to enforce any provision of this Agreement shall not constitute a waiver of its right to do so in the future.
No Assignment. You may not assign or transfer any rights or obligations under this Agreement without Protonyx's prior written consent. Protonyx may assign this Agreement without restriction, including in connection with a merger, acquisition, or asset sale, subject to applicable notice requirements.
Export Compliance. You agree to comply with all applicable U.S. and international export control laws and regulations in connection with your use of the Software.
Government End Users. If the Software is acquired by or on behalf of any agency or instrumentality of the U.S. federal government, the Software and related documentation are "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, government end users acquire the Software with only the rights set forth in this Agreement.
Headings. Section headings are for convenience only and do not affect interpretation.
Updates to This Agreement. Protonyx may update this Agreement from time to time. Material changes will be communicated by email to the address associated with your account no less than 14 days before the changes take effect. "Material changes" has the same meaning as defined in the Protonyx Terms of Service. Your continued use of the Software after the effective date of any change constitutes acceptance of the updated Agreement.
For questions or legal notices regarding this Agreement, contact Protonyx LLC at:
We will respond within 30 days.