We are pleased to provide you with the information, content, tools, products and services on the Akoya Data Delivery Platform (“DDP”), a service of Akoya LLC (“Akoya”). The DDP enables consumers of financial institutions and data aggregators to permission third parties to access account and transaction information without the need to share consumers’ account login credentials. The DDP also provides account-by-account authorization, ongoing monitoring, and reduced cost and complexity. “Consumer” as used herein and throughout all materials and documents related to Akoya has the same meaning as that term is used in the FDX APIU documentation, specifically: 1) the individual with ownership rights to the data at issue; 2) an individual or an agent, trustee, or representative acting on behalf of an individual with ownership rights to the data at issue and transactional capabilities at a financial institution; and/or 3) a party to whom a consumer has delegated access to the data at issue.
Copyright policy, linking policy and trademarks
The Sites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Sites, including any text, graphics, video, audio, software code, user interface design or logos.
Unless you and Akoya have otherwise agreed in writing, links from another web site to a Site must resolve to the top-level homepage of an Akoya domain (e.g., www.akoya.com,). In order to avoid confusion if you do link from another web site to a Site top-level homepage, your web site, and the link itself, may not suggest that Akoya endorses, sponsors or is affiliated with any non-Akoya web site, entity, service or product, and may not make use of any Akoya trademarks or service marks other than those contained within the text of the link.
All trademarks and service marks on the Sites belong to FMR LLC or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.
If you believe that your content has been copied in a way that constitutes copyright infringement, please provide the Agent for Notice listed below with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
- An identification of the allegedly infringing material, and a description of where that material is located on the Sites;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
The Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Tanya Courcey, FMR LLC, 245 Summer Street, Boston, MA 02210
By phone: 617-563-9840 By email: CopyrightClaim@fmr.com
Third-party content and research
The Site may include, in addition to instructions and information about the DDP, general news and information, commentary, interactive tools, and other data. Some of this content may be supplied by companies that are not affiliated with Akoya (“Third Party Content”). Third Party Content may be made available through framed areas, through hyperlinks to third party web sites, or simply published on the Site. Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s).
Akoya has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content.
While Akoya makes every attempt to provide accurate and timely information to serve the needs of users, neither Akoya nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and neither is not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and Akoya and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In order to comply with applicable laws and regulations, Akoya may at times exclude or filter certain content from time to time based on objective criteria.
Timeliness of content
All content on the Sites is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data and information.
Because all servers have limited capacity and are used by many people, do not use the Sites in any manner that could damage or overburden any Akoya server, or any network connected to any Akoya server. Do not use the Sites in any manner that would interfere with any other party’s use of the Sites.
Means of access
The Sites are generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the Sites, be aware that the Sites may not appear accurately through other access methods, and you use them only at your own risk.
You should not access the Sites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Akoya.
Certain parts of the Sites are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Sites, or to any other protected materials or information, through any means not intentionally made available by Akoya for your specific use.
Password security and notification
If you have a password for access to non-public areas of the Sites, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. Akoya shall not be under any duty to inquire as to the authority or propriety of any instructions given to Akoya by you or via your password and shall be entitled to act upon any such instructions and Akoya will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your activity and interaction with the DDP. Notify Akoya immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your account login credentials. You agree to cooperate with Akoya in any investigation and agree to take corrective measures to protect your account login credentials from further fraudulent activity.
DISCLAIMER OF WARRANTIES
- AKOYA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SITES ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND AKOYA DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
- AKOYA DOES NOT WARRANT THAT THE SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. AKOYA ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS. THIS PROVISION MAY NOT APPLY TO PARTICIPANTS IN CERTAIN EMPLOYER-SPONSORED WORKPLACE SAVINGS PLANS.
LIMITATION OF LIABILITY
- AKOYA WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA BREACHES OR INTERRUPTIONS, LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF AKOYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- AKOYA WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH AKOYA DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
- IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
As a condition of your use of the Sites, you agree to indemnify and hold Akoya and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Sites, or from your violation of these Terms.
Changes to the Sites
Unless otherwise agreed, Akoya may discontinue or modify the Sites at any time without prior notice to you, and you accept those modifications if you continue to use the Sites.
Akoya may terminate your access to the Sites for any reason, without prior notice.
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of Akoya’s successors and assigns, whether by merger, consolidation, or otherwise.
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.