TIM Terms of Use

This page (together with our privacy policy referred to herein) explains the terms on which you may access and make use of the following confidential information:

(a) certain historical intelligence, analysis, and data related to corporate activity including, but not limited to, mergers, acquisitions, specialty situations, and equity capital markets; collectively referred to herein as “Acuris Data”; and/or

(b) (i) certain anonymised trade ideas that have been submitted to the TIM platform and made available subject to the permission of the relevant contributing brokers and/or (ii) historical values of the “Sentiment”, a predictive signal of short-to-medium term price changes relating to equities. The data described in (b)(i) and (b)(ii) above, whether used alone or collectively, are referred to herein as “TIM Data”; and/or

(c) certain anonymised insights that have been submitted to the Smartkarma platform and made available to TIM subscribers via the TIM platform, subject to the permission of Smartkarma. The data described in this paragraph (c), whether used alone or collectively, are referred to herein as “Smartkarma Data”; and/or

(d) reports or other materials prepared for you by us related to your use of the TIM platform and which you are authorised to receive. Such reports or other materials are referred to herein as “Reports”.

In these terms, any reference to “Evaluation Data” shall be a reference to Acuris Data, TIM Data, and/or Smartkarma Data; any reference to “Derived Data” shall refer to any and all data created by you and/or on your behalf as a result of your access to Evaluation Data and/or our data site; any reference to “our data site” shall be to any website or other facility provided by us which you use (or a Permitted User uses) to access the Evaluation Data; and any reference to “Permitted User” shall be a reference to an individual who successfully completes the two-step verification process required for access to Acuris Data.

Please read these terms of use carefully before you access Acuris Data, TIM Data, Smartkarma Data, or Reports. By accessing Acuris Data, TIM Data, Smartkarma Data, or Reports you indicate that you accept these terms and that you agree to abide by them. If you do not agree to these terms, please refrain from accessing Acuris Data, TIM Data, Smartkarma Data, or Reports. If you breach these terms, your right to access, download, and use Acuris Data, TIM Data, Smartkarma Data, or Reports will cease immediately and you must, at our option, return or destroy any copies you have made.

1. Information about us
This website is operated by YouDevise Limited, trading as TIM, (we or us). We are registered in England and Wales under company number 03331176 and have our registered office at 10 Queen Street Place, London, EC4R 1BE. Our subsidiaries, YouDevise Hong Kong Limited and YouDevise Inc. also trade under the name TIM. Reports and TIM Data are provided by TIM.

Acuris Data is provided by our affiliate Mergermarket Limited, a company incorporated in England and Wales with company number 03879547 and whose registered office is at 10 Queen Street Place, London EC4R 1BE, trading as Acuris.

Smartkarma Data is provided by Smartkarma Innovations Pte Ltd., a company incorporated and registered in Singapore with company number 201209271G whose principal office is at #03-08 The Signature, Changi Business Park Central 2, Singapore 486066.

2. Access
Subject to our right to deny access, access to Acuris Data, TIM Data, Smartkarma Data, and/or Reports will be provided for thirty days from your initial access (“Access Period”). Your user credentials will expire thirty days from your initial access.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time.

You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access Acuris Data, TIM Data, Smartkarma Data, or Reports through your internet connection are aware of these terms, and that they comply with them.

3. Confidentiality
You shall:

(a) Hold all Acuris Data, TIM Data, Smartkarma Data, or Reports in confidence and save as may be required by law or regulation shall not, without our prior written consent, disclose any part of it to any person or entity;

(b) Not, without our prior written consent, use the Acuris Data, TIM Data, Smartkarma Data, or Reports for any purpose other than as permitted by these terms; and

(c) Use reasonable endeavours to provide us with prompt notice (to the extent legally permitted) if you become legally compelled by law, rule, regulation, regulator request or order to disclose any of the Acuris Data, TIM Data, Smartkarma Data, or Reports, so that we may seek a protective order or other appropriate remedy. If such order or remedy is not available in time, the obligations of confidentiality herein will be deemed waived by us to the extent necessary for you to comply with such law, rule, regulation, regulator request or order.

These obligations of confidentiality shall survive the expiration or termination of your Acces Period and/or of these terms of use.

4. Evaluation Data
You, or Permitted Users, may during the Access Period access our data site and may download, and use the Evaluation Data, provided any such use is only for the purpose of helping them to evaluate whether they want to subscribe to one or more of our services.

Access to our data site and the Evaluation Data is permitted on a temporary basis for the Access Period only, and we reserve the right at any time, at our sole discretion and without liability to you or any third party, to withdraw access and/or make such changes to your rights to access without notice. We will not be liable if for any reason our data site and/or the Evaluation Data (or any part thereof) is unavailable at any time or for any period.

At the end of the Access Period, you shall expunge the Evaluation Data and all Derived Data, and all copies thereof, from your computer systems (as well as the computer systems of any third parties whom you authorised or enabled to access the Evaluation Data and/or to create Derived Data), and shall, upon our request, certify to us in writing that the Evaluation Data and Derived Data and all copies have been so expunged, provided that you may retain the Evaluation Data and Derived Data solely and strictly to the extent actually required for legal or regulatory reasons, and in a manner consistent with your company’s reasonable policies regarding retention of electronic records and reasonable data back-up practices. The provisions set out herein shall survive termination of this Agreement.

Upon expiration of the Access Period, your rights (and the rights of any Permitted Users) under these terms of use shall cease immediately and save as otherwise agreed in writing between you and us, you shall not thereafter use or attempt to use or permit or authorise any other party to use our data site and/or the Evaluation Data and/or Derived Data in any way. The provisions set out herein shall survive termination of this Agreement.

You shall not:
(a) except as may be allowed by any applicable law which is incapable of exclusion or by express, written agreement between us:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our data site and/or the Evaluation Data in any form or media or by any means; or
(ii) attempt to reverse compile, disassemble, reverse engineer all or any part of our data site, or the Evaluation Data;

(b) access and/or use all or any part of our data site and/or any Evaluation Data and/or any Derived Data to initiate, build and/or contribute (in each case, whether directly and/or indirectly) to a Competing Product. Competing Product means any product and/or service (whether for your internal use or use by third parties, whether existing at the date of this Agreement or subsequently created, and whether provided by you or by a third party individually or jointly, including a product and/or service which is supported by a third-party-provided or internally-provided product which provides similar capabilities as that provided by a service or product provided by us) which competes in any manner with any other services or products provided by us;

(c) use our data site or the Evaluation Data and/or Derived Data to provide services to third parties;

(d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make our data site or the Evaluation Data available to any third party;

(e) access the TIM Service in a manner that could reasonably be anticipated to overload TIM’s servers. Should we deem you to be in breach of this clause 4(e), we may issue a written warning to you detailing the particulars of the breach. Should the breach not be addressed and remedied by you to our reasonable satisfaction within such period as we (acting reasonably and in good faith) may determine, we may immediately suspend or terminate this Agreement and all Services; or

(f) attempt to obtain, or assist third parties in obtaining, access to our data site or the Evaluation Data other than as provided under these terms of use.

5. Reports
Reports are made available to you only for your internal business purposes. Access is permitted on a temporary basis, and we reserve the right to withdraw or amend access without notice. We will not be liable if for any reason Reports are unavailable at any time or for any period.

You shall not except as may be allowed by any applicable law which is incapable of exclusion by agreement between us:

(a) access and/or use all or any part of the Reports to initiate, build and/or contribute (in each case, whether directly and/or indirectly) to a Competing Product. Competing Product means any product and/or service (whether for your internal use or use by third parties, whether existing at the date of this Agreement or subsequently created, and whether provided by you or by a third party individually or jointly, including a product and/or service which is supported by a third-party-provided or internally-provided product which provides similar capabilities as that provided by a service or product provided by us) which competes in any manner with any other services or products provided by us;

(b) use the Reports to provide services to third parties;

(c) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Reports available to any third party; or

(d) attempt to obtain, or assist third parties in obtaining, access to the Reports other than as provided under these terms of use.

6. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our website, our data site, Acuris Data, TIM Data, Smartkarma Data, and Reports. All such rights are reserved. You must not use any part of the Acuris Data, TIM Data, Smartkarma Data, or Reports for commercial purposes without obtaining a licence to do so from us or our licensors.

TIM is a trade mark of YouDevise Limited.

Acuris is a trade mark of Mergermarket Limited.

Smartkarma is a trade mark of Smartkarma Innovations Pte. Ltd.

7. Reliance on information
None of the information which we provide or which you might obtain using our data site and/or Acuris Data, TIM Data, Smartkarma Data, and Reports is intended as tax, investment, or other advice nor should it be used or relied upon as such. We hereby exclude to the fullest extent permitted at law all liability in respect of any damages or losses which you or any third party may suffer as a result of or in connection with any such use of the information you obtain through your (or any third party’s) use of our data site and/or Acuris Data, TIM Data, Smartkarma Data, or Reports.

We make no representations, warranties or guarantees, whether express or implied, that any information you obtain through your (or a third party’s) use of Acuris Data, TIM Data, Smartkarma Data, and Reports is accurate, complete or up to date.

8. Our liability
Any information in or derived from Acuris Data, TIM Data, Smartkarma Data, and Reports obtained by you or a Permitted User is provided without any guarantees, conditions or warranties as to its accuracy. We do not accept and hereby exclude any liability for any loss or damage suffered by you or any third party which is caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your (or any third party’s) computer equipment, computer programs, data or other proprietary material due to your use or use by any third party of Acuris Data, TIM Data, Smartkarma Data, and Reports and our data sites, including (but not limited to) you or a third party downloading any Acuris Data, TIM Data, Smartkarma Data, and Reports.

To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity;

(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with their use (and/or the unavailability) of our data site and/or Acuris Data, TIM Data, Smartkarma Data, and Reports, including (but not limited to): (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; and (viii) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud, nor any other liability which cannot be excluded or limited under applicable law.

9. Information about you
It is likely that in order to use our data site and Acuris Data, TIM Data, Smartkarma Data, and Reports you will provide us with ‘personal data’ (as such term is defined in the Data Protection Act 2018) relating to you and/or other identified Permitted Users.

We process any such information obtained in accordance with our privacy policy, which can be found at https://www.acuris.com/privacy-policy-acuris.

You warrant that all information provided by you is accurate and that you have obtained all necessary consents and have the required authority to lawfully disclose any personal data which you may disclose to us relating to third parties and to enable us to use it for the purposes of providing the services set out in this Agreement to you and/or to Permitted Users.

10. Viruses, hacking and other offences
You must not misuse our website or our data site by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, data site, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website or our data site via a denial-of-service attack or a distributed denial-of service attack.

11. Linking to our website
You may not link to our website or our data site. Neither our website nor our data site may be framed on any other website.

12. Jurisdiction and applicable law
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms of use, the subject matter, or formation.

13. Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.