terms of use

Terms of Use

You must read the following terms of use before using this mobile application. 


These terms of use were last updated in April 2020.

These terms of use should be read alongside our Privacy Notice and the Notice & Disclaimer.

This mobile application and versions hereof (the “MSCI App”) and the content, data, information, text, photographs, video, audio, graphics, designs, applications, software, files, research and other materials made available via the MSCI App (collectively, “MSCI Content”) are provided to you by MSCI Inc. and/or its subsidiaries (collectively, "MSCI"). The MSCI App and the MSCI Content shall be collectively referred to in these terms of use as the “MSCI Materials”.

The following terms of use set forth the legal terms and conditions governing your access to and use of the MSCI Materials. Please read the following terms of use very carefully. If you do not agree with the following terms of use, you must immediately delete/uninstall the MSCI App from your device (“Device”) and any copies or installations thereof. By clicking/tapping the “Accept” button, you represent that you have read, understand and agree to follow and be bound by these terms of use.

MSCI reserves the right to change these terms of use and any such changes will be effective immediately. Accordingly, you should review these terms of use whenever you access or use the MSCI Materials. Your access to or use of any MSCI Materials following any change to these terms of use will constitute your acceptance of the terms of use as modified. If, at any time, you no longer wish to accept these terms of use, you may not access and must discontinue your use of the MSCI Materials for any purpose and immediately delete/uninstall the MSCI Materials from your Device and any copies or installations thereof. Any terms and conditions proposed by you which are in addition to or which conflict with these terms of use are expressly rejected by MSCI and shall be of no force or effect.

Nothing in these terms of use is intended to modify or amend any license agreement or other agreement you or your firm may have entered into with MSCI, including with respect to any of the MSCI Materials.

Your use of the MSCI Materials may be monitored by MSCI, and the resultant information may be used by MSCI for its internal business purposes or in connection with any applicable laws, rules, regulations or other legal processes.

MSCI may place and/or use “cookies” to collect statistical and other information about your use of the MSCI Materials. You hereby consent to such use of “cookies” by MSCI. See our Cookie Notice for more information about the types of data MSCI may gather.

PERMITTED USE OF THE MSCI MATERIALS

MSCI hereby grants you a non-exclusive, non-transferable, limited, revocable licence to access and use the MSCI Materials solely for your personal, informational, non-commercial, internal use in accordance with these terms of use. You may not make any use of the MSCI Materials not expressly granted in these terms of use. You acquire no rights or licenses in or to any of the MSCI Materials other than the limited right to use the MSCI Materials in accordance with these terms of use.

RESTRICTIONS ON USE OF THE MSCI MATERIALS

UNAUTHORIZED USE OF ANY MSCI MATERIALS IS STRICTLY PROHIBITED.

The MSCI Materials may not be used by, or for the benefit of, any other person or firm, for any commercial purpose, or in any manner that could compete with the business of MSCI.

You may not download, copy, take screenshots or photos of, reproduce, duplicate, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, create derivative works from, transmit, transfer, sell, license, upload to, edit, post, frame, link or otherwise exploit any part of the MSCI Materials.

None of the MSCI Materials are an offer or recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular trading strategy.

ESG data and related information (“ESG Data”) in the MSCI Materials is provided by MSCI ESG Research LLC, which is a Registered Investment Adviser under the Investment Advisers Act of 1940 and a subsidiary of MSCI Inc. Neither MSCI nor any of the MSCI Materials recommends, endorses, approves or otherwise expresses any opinion regarding any issuer, securities, financial products or instruments or trading strategies and the MSCI Materials are not intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. Issuers mentioned or included in any ESG Data provided by MSCI ESG Research LLC may include MSCI Inc., clients of MSCI or suppliers to MSCI, and may also purchase research or other products or services from MSCI ESG Research LLC. ESG Data provided by MSCI ESG Research LLC, including materials utilized in any MSCI ESG indexes or other products included in the MSCI Materials, have not been submitted to, nor received approval from, the United States Securities and Exchange Commission or any other regulatory body.

Historical data and analysis should not be taken as an indication or guarantee of any future performance, analysis, forecast or prediction.

None of the MSCI Materials may, without MSCI's prior written permission, be used as a basis for any financial instruments or products (including, without limitation, passively managed funds and index-linked derivative securities) or other products or services, or used to verify or correct data in any other compilation of data or index, or used to create any other data or index (custom or otherwise), or used to create any derivative works, or used for any other commercial purposes. You may not interfere with or attempt to interfere with or otherwise disrupt the proper working of any MSCI Materials, any activities conducted on or through the MSCI App or any code, computer systems, servers or networks connected to, computing, hosting, delivering or associated with any MSCI Materials. You shall not violate the security of any MSCI Materials or attempt to gain unauthorized access to any MSCI Materials or any code, computer systems, servers or networks connected to, computing, hosting, delivering or associated with any MSCI Materials, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of MSCI, imposes or may impose an unreasonable or disproportionately large load or burden on the MSCI App or other MSCI Materials or infrastructure. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the MSCI Materials. You may not use or access the MSCI Materials in any manner that could otherwise damage, disable, overburden, or impair the MSCI Materials or interfere with any other party's use and enjoyment of the MSCI Materials.

The MSCI Materials may contain errors or inaccuracies. MSCI reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the MSCI Materials and to suspend and/or deny access to the MSCI Materials or portions thereof for scheduled or unscheduled maintenance, updates, upgrades, improvements, corrections or otherwise. Any dated MSCI Materials are published as of the applicable date only, and MSCI does not undertake any obligation or responsibility to update or amend any such materials. MSCI may discontinue or change any MSCI Materials at any time.

You agree that you will not use the MSCI Materials in connection with or related to any activities that violate or are contrary to applicable laws, rules or regulations.

You agree that the requirements of the E-Commerce Directive (2000/31/EC) as implemented are excluded to the fullest extent permissible by law with respect to your access to and use of the MSCI Materials.

DISCLAIMER OF WARRANTIES

ALTHOUGH MSCI SHALL OBTAIN INFORMATION FOR INCLUSION IN THE MSCI MATERIALS FROM SOURCES THAT MSCI CONSIDERS RELIABLE, YOU AGREE THAT YOUR USE OF THE MSCI MATERIALS IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE MSCI MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND NEITHER MSCI, ANY OF ITS AFFILIATES, ANY OF ITS OR THEIR DIRECT OR INDIRECT INFORMATION PROVIDERS NOR ANY THIRD PARTY INVOLVED IN, OR RELATED TO, COMPILING, COMPUTING OR CREATING THE MSCI MATERIALS (COLLECTIVELY, THE "MSCI PARTIES") MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MSCI MATERIALS, THE QUALITY, ACCURACY, VALIDITY, AVAILABILITY, TIMELINESS OR COMPLETENESS THEREOF, THE RESULTS TO BE OBTAINED BY THE USE THEREOF OR ANY OTHER MATTER. MSCI DOES NOT WARRANT THAT THE MSCI MATERIALS WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MSCI MATERIALS WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR INVASIVE OR CORRUPTED CODE, FILES OR COMPONENTS. FURTHER, THE MSCI PARTIES EXPRESSLY DISCLAIM, AND YOU WAIVE, ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ORIGINALITY, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ANY MSCI PARTIES OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF IT HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH ANY MSCI MATERIALS HEREUNDER, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.

WHERE ANY APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY AS SET FORTH ABOVE, MSCI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO MSCI HEREUNDER FOR ACCESS TO AND USE OF THE RELEVANT MSCI MATERIALS.

INDEMNITY

You agree to indemnify, defend and hold harmless the MSCI Parties and their agents, directors, officers or employees from and against any claims, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' and experts' fees and costs, as incurred, arising in any manner out of your use of, or inability to use, any of the MSCI Materials.

OUTAGES, SLOWDOWNS AND CAPACITY LIMITATIONS OF THE MSCI MATERIALS

As a result of high Internet traffic, transmission problems, capacity limitations of the MSCI Materials, and other problems, you may at times experience difficulty accessing the MSCI Materials or communicating with MSCI through your Device, the Internet or other electronic or wireless services. Any Device, computer system or other electronic device, whether it is yours, an Internet service provider's or MSCI's, can experience unanticipated outages or slowdowns, or have capacity limitations. MSCI cannot and does not guarantee continuous, uninterrupted or secure access to the MSCI Materials.

PROPRIETARY RIGHTS

These terms of use are not intended to, and will not, transfer or grant any rights in or to the MSCI Materials other than those which are specifically described herein, and all rights not expressly granted herein are reserved by MSCI or the third party providers from whom MSCI has obtained the information or materials.

You acknowledge that the MSCI Materials have been developed, compiled, prepared, revised, selected, and arranged by MSCI and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of MSCI and such others. You agree that (i) the MSCI Materials and all components thereof constitute copyrighted, trade secret and/or proprietary information of substantial value to MSCI or its suppliers, (ii) that you receive no proprietary rights whatsoever in or to the MSCI Materials, and (iii) all right, title and interest in the MSCI Materials is the exclusive property of MSCI or its suppliers. You shall not, and shall not assist any third party to, assert any rights in the MSCI Materials or any component thereof or challenge MSCI's rights therein.

MSCI and all other marks and logos used in the MSCI Materials are trademarks or service marks of MSCI. The names of other companies and third-party products or services included in or made available with or through any MSCI Materials may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of MSCI or such third party which may own the marks.

Global Industry Classification Standard (GICS), GICS and GICS Direct are service and/or trademarks of MSCI and Standard and Poor's.

TERMINATION

You agree that, without notice, MSCI may terminate these terms of use, or suspend your access to the MSCI Materials with or without cause at any time and effective immediately, subject to any applicable law or regulation. These terms of use will terminate immediately without notice from MSCI if you, in MSCI’s sole discretion, fail to comply with any provision of these terms of use. Upon any termination, you must discontinue your access and use of and immediately delete/uninstall the MSCI Materials and any copies or installations thereof.

CHOICE OF LAW; CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL

These terms of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any suit, action or proceeding arising out of or related to these terms of use shall be in an appropriate state or federal court located in the County of New York, State of New York, and the parties irrevocably waive any objection they may now or hereafter have to the laying of venue of any such suit, action or proceedings in such a court, and irrevocably waive any claim that any such suit, action or proceeding brought in such a court has been brought in an inconvenient forum.

The parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have arising out of your use of this site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms of use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms of use, and the remainder of the terms of use shall continue in full force and effect. The terms of use constitute the terms between MSCI and you arising out of this site and it supersedes all prior or contemporaneous communications, agreements and understandings between MSCI and you arising out of the subject matter hereof. A printed version of these terms of use shall be admissible in judicial or administrative proceedings.

You represent, warrant and covenant that (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years of age.

DESIGNATED AGENT

Pursuant to Section 512(c)(2) of the Copyright Act, MSCI designates the following agent to receive notifications of claimed infringement: Robert Gutowski, MSCI, 7 World Trade Center, 250 Greenwich Street, 49th Floor, New York, New York, 10007, USA; robert.gutowski@msci.com

CONTACT US

If you have any questions regarding the MSCI Materials, you can contact us here.