Terms and Conditions

1. Agreement to These Terms

PortfolioTA.com, including all related pages, dashboards, charts, indicators, tools, applications and services (the “Website”), is owned and operated by Trade Confident LLC, a California limited liability company (“Trade Confident,” “Company,” “we,” “us,” or “our”).

These Terms are a binding contract between you and Trade Confident LLC. By checking the box indicating your agreement at registration, or by subscribing, you agree to be bound by these Terms, the Privacy Policy, and the Refund Policy, each of which is incorporated here by reference. If you do not agree, do not access or use the Website.

PortfolioTA.com is operated by the same company as TradeConfident.io. These Terms govern PortfolioTA.com on their own. Nothing on TradeConfident.io is incorporated into this agreement, and your use of that separate website is governed by its own terms.

2. Eligibility

The Website is intended solely for individuals who are at least 18 years old. By using the Website you represent and warrant that you are at least 18 and legally capable of entering into a binding contract.

You further represent that you are not located in, ordinarily resident in, or accessing the Website from any jurisdiction subject to comprehensive United States sanctions, and that you are not a person with whom US persons are prohibited from transacting. We may restrict or terminate access to comply with sanctions, export control, or other applicable law.

3. Risk Disclosure

Trading and investing in cryptocurrencies, securities, exchange-traded funds, commodities, precious metals and other financial assets involves substantial risk, including the risk of total loss of principal. These assets may be highly volatile. Cryptocurrency markets in particular are volatile and, in many jurisdictions, subject to limited regulation.

Past performance does not guarantee or predict future results.

You should never trade or invest more than you can afford to lose. You are solely responsible for your financial decisions and voluntarily assume all risks associated with using the Website.

4.1 What the Website does

PortfolioTA.com is a software tool for recording, calculating and visualising market and position information. Its functions include:

• accepting position information you enter (asset, entry price, quantity, fees);
• performing arithmetic on those entries — break-even price, cost basis, position size, and realised and unrealised profit and loss;
• displaying those calculated figures on price charts, including alongside the live ticker price, on drawing objects you place, and at price levels you define;
• displaying a DCA Model Exposure metric, which is a calculated output of the Company’s DCA Indicator derived from market price data and described in Section 5.3;
• displaying standard technical indicators, the Company’s proprietary indicator described in Section 5.2, and the Cycle Models described in Section 5.4;
• delivering notifications when price reaches a threshold you set, which are triggered solely by conditions you define and carry no view on what any price movement means; and
• displaying market price data licensed from third parties.

4.2 No investment advice

Trade Confident LLC is not a registered investment adviser, broker-dealer, commodity trading advisor, financial planner, tax professional, attorney or accounting firm in any jurisdiction.

Nothing on the Website constitutes investment, financial, securities, commodity trading, legal, accounting or tax advice, or a recommendation, offer or solicitation to buy, sell or hold any cryptocurrency, security, exchange-traded fund, commodity, precious metal or other asset.

The Website does not tell you what to buy, what to sell, when to trade, or how to allocate your money. It does not evaluate your financial situation, investment objectives, risk tolerance, liquidity needs, tax position or any other personal circumstance, and no output of the Website is tailored to you or generated from information about your personal circumstances.

4.3 Your data, your decisions

All position information is entered by you. We do not verify, validate or independently source your entries. Calculated figures are derived solely from the values you supply and from third-party market price data. Any decision to buy, sell or hold any asset is yours alone.

4.4 No fiduciary or advisory relationship

Your use of the Website does not create any fiduciary, advisory, professional, agency, partnership, joint venture, employment or client relationship between you and Trade Confident LLC. We have no authority over your accounts, do not execute trades, do not hold, custody or manage your funds or assets, and do not provide individualised investment management services.

You should consult appropriately licensed financial, legal, accounting and tax professionals before making decisions based on your individual circumstances.

5.1 Standard technical indicators and calculated price levels

The Website makes available technical indicators that are widely used in the industry, including moving averages and automatically calculated support and resistance levels. You choose which of these to display and set their parameters.

Automatically calculated support and resistance levels are derived by applying a fixed formula to publicly observable historical price data. They are identical for every user with access to them viewing the same asset on the same timeframe, do not use or reference your positions, and are descriptive observations of price levels at which the asset has previously traded or reacted. They are not predictions, targets, signals or recommendations, and the Company expresses no view on what any level means for any asset, whether any level is significant, or what may happen if price reaches it.

You may also draw your own horizontal lines and other objects at price levels you choose. Where the Website displays your profit and loss at a calculated level or at a level you have drawn, that figure is arithmetic performed on the position information you entered and is not a recommendation to act at that level.

The Company does not interpret any indicator or level for you and expresses no view on what any indicator value means for any asset.

5.2 The DCA Indicator

The Website includes a proprietary technical indicator developed by the Company (the “DCA Indicator”) which may display:

• DCA Accumulation and Distribution markers — visual markers plotted on the chart at points where the indicator’s fixed, predetermined mathematical conditions are satisfied by publicly observable market price data. These markers describe a calculated condition in price data; they do not instruct or suggest that you enter, exit, buy or sell any position; and
• a DCA break-even line — a calculated line illustrating what the break-even price would have been for a hypothetical dollar-cost-averaging position built at the Accumulation markers shown.
• It is impersonal and identical for every user. The DCA Indicator is computed solely from publicly observable market price data. It does not use, reference or respond to your positions, holdings, portfolio, financial situation, objectives, risk tolerance or any other information about you. Every user with access to the DCA Indicator, viewing the same asset on the same timeframe, sees the same output.
• It is educational and illustrative only. The markers and the line are a visual representation of a mathematical formula applied to price history. They are not signals, instructions, recommendations, or advice to buy, sell, enter, exit, accumulate or dispose of any asset, and must not be interpreted or relied upon as such.
• It does not predict anything. The DCA Indicator describes conditions that have occurred in past price data. It makes no forecast and no representation about future prices or future results.
• The DCA break-even line is hypothetical. See Section 6.
• It may be wrong, delayed, or unavailable. The indicator depends on third-party market data (Section 12) and may produce incorrect or misleading output if that data is delayed, incomplete or inaccurate.
• You must do your own analysis. You are solely responsible for evaluating any information displayed, conducting your own research, consulting qualified professionals, and deciding whether to enter, exit or modify any position.

5.3 DCA Model Exposure

“DCA Model Exposure” is a calculated output of the DCA Indicator described in Section 5.2. It is derived by applying the indicator’s fixed, predetermined formula to publicly observable market price data for a given asset, and expresses that calculation as a market-versus-cash weighting.

It is not a description of your portfolio. It does not use, reference, read or respond to your holdings, positions, cash balance, portfolio value, financial situation, investment objectives, risk tolerance, time horizon or any other information about you. It is identical for every user with access to it viewing the same asset over the same period.

It is hypothetical and illustrative. It shows a weighting the indicator’s rules would have produced from price history. No position was taken, no allocation was made, and no fees, commissions, spreads, slippage, funding costs or taxes are reflected. The hypothetical performance disclosure in Section 6 applies in full.

It is not, and must not be interpreted as:

• a recommended, suggested or target allocation;
• a model portfolio maintained for you or for any user;
• advice as to how you should allocate, weight, rebalance or hold any money or asset;
• an indication that any weighting is appropriate, prudent, suitable or advisable for you or for anyone; or
• a prediction of future prices or future results.

5.3 (continued)

The Company expresses no view on what any DCA Model Exposure value means for any asset, or on what any user should do in response to it. Any decision about how to allocate your money is yours alone, and you should consult an appropriately licensed professional before making one.

5.4 Cycle Models

The Website makes available two model outputs (together, the “Cycle Models”):

• the BTC 4-Year Cycle Pattern, which applies a fixed formula derived from Bitcoin’s prior halving-cycle price behaviour and extends the resulting path forward in time, displaying a modelled price line together with upper and lower deviation bands at future dates. It is made available for Bitcoin and other cryptocurrencies only; and
• the Asset Seasonality Model, which applies a fixed formula to an individual asset’s historical monthly price behaviour and extends the resulting range forward in time, displaying a modelled price line together with upper and lower deviation bands at future dates. It is made available across supported cryptocurrencies, stocks, exchange-traded funds and precious metals.
• They are impersonal and identical for every user. The Cycle Models are computed solely from publicly observable market price data using a fixed, predetermined formula. They do not use, reference or respond to your positions, holdings, portfolio, financial situation, objectives, risk tolerance or any other information about you. Every user of the applicable subscription tier viewing the same asset sees the same output, on the same terms.
• They are model extrapolations, not forecasts. A modelled value displayed at a future date is the arithmetic result of extending a formula derived from historical price data. It is not a forecast, prediction, price target, expected value, estimate of what any asset will be worth, or representation of any kind about future prices.
• Past cycles do not predict future prices. The pattern the model is derived from may not repeat, may repeat with materially different magnitude or timing, or may not recur at all. Actual prices may differ substantially from any modelled value, and the model may be materially wrong at any point and for any period.
• They are not recommendations. Nothing in the Cycle Models instructs, suggests or implies that you should buy, sell, hold, accumulate, dispose of, enter or exit any position, at any price or on any date. The Company expresses no view on the likelihood of any modelled value occurring, on what any modelled value means for any asset, or on what you should do in response to one.
• Displayed values are not returns. Any figure shown at a future date — including any value in a chart tooltip, a deviation band, or a label containing the word “projection”, “historical” or “range” — is model output. It is not a profit, a gain, a return, a price target, or an amount that you or anyone else would receive, and it must not be presented, quoted or relied upon as any of those things.
• Where the model is applied to a security. Where a Cycle Model is displayed for an exchange-traded fund, an equity or any other instrument that is or may be a security, the Company publishes that output impersonally and identically to every user with access to it, from public price data, without reference to any user’s circumstances. It remains general, non-personalised, published information and is not a recommendation, valuation or price target for that instrument.
• They are hypothetical. Section 6 applies to the Cycle Models in full.
• You must do your own analysis. You are solely responsible for evaluating any information displayed, conducting your own research, consulting qualified professionals, and deciding whether to enter, exit or modify any position.

5.5 Educational content

Any articles, explanations, glossaries, tutorials or similar material published on the Website are general educational content made available to all users on the same terms. They are not personalised to any user and do not constitute advice.

6. Hypothetical and Illustrative Results

Unless expressly identified otherwise, the DCA break-even line, any DCA Accumulation or Distribution marker, any DCA Model Exposure value, any Cycle Model value or deviation band, any illustrative position, and any figure showing what a result “would have been” or what a modelled value would be at a future date are hypothetical, simulated or illustrative. They do not represent actual trading and no actual position was taken.

HYPOTHETICAL PERFORMANCE DISCLOSURE. Hypothetical or simulated results have many inherent limitations. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. There are frequently sharp differences between hypothetical results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical results is that they are generally prepared with the benefit of hindsight. Simulated results do not involve financial risk and cannot account for the impact of financial risk in actual trading, including the ability to withstand losses or adhere to a particular approach in spite of losses. Simulated results also may not fully reflect liquidity, execution delays, slippage, fees, spreads, funding costs, taxes, or the emotional factors associated with actual trading.

A summary of this disclosure is displayed on the Website adjacent to hypothetical or illustrative results, and the full text of this Section is available at all times from those surfaces and from these Terms.

7. No Guarantees

Trade Confident LLC makes no guarantee regarding future market prices; investment or trading outcomes; profitability; portfolio performance; the accuracy of any calculation, indicator or data point; the timing of market highs or lows; the availability of the Website; or the continued availability of any feature, asset, data source or service.

No statement anywhere on the Website should be interpreted as a promise or guarantee of profit, protection against loss, or certainty regarding any future event.

8. Accounts

Certain features require an account. You agree to provide accurate registration information, keep your credentials confidential, use a strong and unique password, prevent unauthorised access, and notify us promptly at security@portfoliota.com of any suspected unauthorised use. We aim to acknowledge reports within one (1) business day (Section 23.0). If you believe your account has been compromised, do not wait for us to reply — change your password immediately from account settings. You accept responsibility for activity occurring through your account to the extent permitted by law.

One account per person. You may not share, sell, transfer, lease or sublicense your account or your access to the Website.

9. Information You Must Not Submit

You are responsible for the accuracy of information you enter. Do not submit:

• wallet private keys or seed phrases;
• exchange, brokerage or online banking passwords;
• payment card numbers or security codes;
• Social Security numbers or tax identification numbers;
• authentication or two-factor codes;
• exchange, brokerage or wallet API keys of any kind, including read-only keys; or
• any information capable of authorising access to, or transfer of, financial assets.

9. (continued)

Trade Confident LLC will never need your private key or seed phrase to provide the Website’s services, and will never ask for them. Submit only the information reasonably necessary to use a feature.

10. Acceptable Use

You agree not to: attempt unauthorised access to the Website or another account; circumvent authentication, security, access or subscription controls; use bots, crawlers or scrapers without our written permission; copy or systematically extract data or content; upload malicious code; interfere with the Website’s operation; reverse engineer the Website; impersonate another person or entity; use the Website for unlawful, fraudulent or abusive activity; resell or redistribute the Website or its content; or use the Website to violate any third-party right.

Violations may result in immediate suspension or termination.

11.1 What you are buying

You are purchasing a subscription providing access to digital content, software, dashboards, data and online services. Access begins promptly after successful payment.

11.2 Automatic renewal — please read

YOUR SUBSCRIPTION AUTOMATICALLY RENEWS. At the end of each billing period your subscription will automatically renew for a further period of the same length, and your payment method will be charged the then-current price, until you cancel.

• Billing frequency and price are shown clearly at checkout before you provide payment information, and in your confirmation email.
• Your next renewal date is shown in your account settings at all times.
• You consented to automatic renewal by checking a separate checkbox at checkout, distinct from your acceptance of these Terms, which set out the recurring amount, the billing frequency and how to cancel. That consent is recorded with a timestamp.

11.3 How to cancel — simple and immediate

You may cancel at any time, from your account settings on the Website, in two clicks or fewer.

No phone call, live chat, email or contact with support is required. Because you subscribed online, you may cancel online. A cancellation link is also included in your purchase confirmation email and in every billing receipt.

Cancellation stops all future charges. You retain access for the remainder of the billing period you have already paid for. Cancellation does not generate a refund for the current or any prior period — see the Refund Policy.

We will send you a cancellation confirmation by email stating the effective date.

11.4 Price changes

We will notify you by email at least thirty (30) days before any price increase takes effect, and that notice will include a link to cancel. If you do not cancel before the effective date, the new price applies to subsequent billing periods.

11.5 Reminders

Where required by applicable law, we will send you a renewal reminder before an annual subscription renews, and a reminder before any free trial or promotional rate ends and a charge is made.

11.6 Payment processing

Payments are processed by Stripe. We do not store complete payment card numbers. You authorise Stripe to charge your selected payment method for all amounts due. You are responsible for maintaining a valid payment method. Failed payments may result in restricted, suspended or terminated access. Taxes may be added where required.

11.7 Chargebacks

We ask that you contact us at billing@portfoliota.com before initiating a chargeback so we have a reasonable opportunity to resolve the issue. We aim to respond within two (2) business days — see Section 23.0 for what a business day means and when we are open. Nothing in these Terms limits any right you have under applicable law or payment card network rules to dispute a charge.

You must not knowingly initiate a false, fraudulent or abusive chargeback for an authorised transaction or for services already provided. Where permitted, account records, checkout records, IP addresses, usage logs, access timestamps, correspondence and billing records may be provided to payment processors or financial institutions as evidence in a payment dispute.

12.1 Market data — source and nature of the data

Market price data displayed on the Website — including cryptocurrency, equity, exchange-traded fund and precious metals prices, and live streaming price updates — is licensed from Twelve Data and may be supplemented by other third-party providers.

Market data is provided by a third party and may be delayed, incomplete, inaccurate, temporarily unavailable, or different from prices shown by your broker, exchange or another provider. Prices displayed may be derived or reference prices rather than official exchange quotations, and must not be relied upon for order execution, settlement, tax or accounting purposes.

We do not control and do not guarantee the accuracy, completeness, timeliness, availability or reliability of third-party data, and are not responsible for any loss arising from delayed, incorrect, unavailable or incomplete data.

12.2 Your obligations — restrictions on market data

Market data is licensed to us, not to you. You are granted permission to view market data through the Website for your own personal use only. You may not:

• redistribute, republish, retransmit, resell, sublicense or otherwise make market data available to any third party;
• scrape, systematically download, harvest or extract market data from the Website by any means;
• store or cache market data beyond what occurs incidentally through your ordinary personal use of the Website;
• use market data to create any index, benchmark, valuation, derived data product, analytic product or dataset; or
• use market data to develop, operate or support any product or service that competes with the Website.

12.3 Subscriber status and third-party terms

These restrictions survive termination of your account.

You may be required to certify whether you are a “professional” or “non-professional” subscriber as those terms are defined by the relevant exchanges. You must answer accurately and notify us promptly if your status changes. We may be required to report subscriber information to our data provider.

Third-party data providers and other third-party services may impose their own terms, privacy policies, licensing restrictions and availability requirements, which may change.

13. Intellectual Property

All content, software, dashboards, calculations, indicators (including the DCA Indicator), models (including the Cycle Models), designs, branding, logos, written materials, databases, interfaces and tools made available through the Website are owned by or licensed to Trade Confident LLC and protected by intellectual property law.

Subject to these Terms, you are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access the Website for your own personal, non-commercial use for the duration of your subscription. All rights not expressly granted are reserved.

You may not copy, reproduce, publish, distribute, scrape, resell, reverse engineer, modify, create derivative works from, or commercially exploit the Website or its contents without our prior written permission.

Your data remains yours. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, reproduce and display the information you submit, solely as necessary to operate, secure and provide the Website to you.

Third-party open-source and licensed components are used under their respective licences; attribution and notices are available at portfoliota.com/licences.

14. User Content

You retain ownership of content you submit. You represent that you have the right to submit it and that it does not violate any law or third-party right. We do not necessarily review, endorse, verify or approve user-submitted content, are not responsible for it, and may remove content that violates these Terms or creates a security, legal or operational risk.

15. Availability and Changes to the Website

We may modify, update, suspend, replace, restrict or discontinue any part of the Website at any time. Features, data sources, asset coverage, indicators, calculations, pricing and plans may change. We do not guarantee uninterrupted or error-free access and are not responsible for outages, maintenance, provider failures, data interruptions or other events beyond our reasonable control.

16. Suspension and Termination

We may suspend, restrict or terminate an account for violation of these Terms, fraud or suspected fraud, payment failure, chargeback abuse, unauthorised sharing or resale, security threats, unlawful use, abuse of Website resources, or conduct that may harm the Company, its users or third parties.

Except where required by law, termination for a violation does not create a right to a refund. On termination your right to use the Website ends immediately. Sections 4, 5, 6, 12.2, 13, 17, 18, 19, 20, 21 and 23 survive termination.

17. DISCLAIMER OF WARRANTIES

THE WEBSITE, ALL CONTENT, ALL CALCULATIONS, ALL INDICATORS INCLUDING THE DCA INDICATOR, ALL MODELS INCLUDING THE CYCLE MODELS, AND ALL MARKET DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRADE CONFIDENT LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT ANY CALCULATION, INDICATOR OUTPUT, BREAK-EVEN FIGURE, PROFIT AND LOSS FIGURE, DCA MODEL EXPOSURE FIGURE, CYCLE MODEL VALUE OR DEVIATION BAND, OR MARKET PRICE DISPLAYED IS ACCURATE, CURRENT OR COMPLETE; OR THAT ANY DEFECT WILL BE CORRECTED.

YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE AND ANY RELIANCE ON ANY FIGURE OR OUTPUT DISPLAYED.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions the above exclusions apply to the maximum extent permitted by law.

18. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRADE CONFIDENT LLC AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, DATA PROVIDERS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY:

• TRADING OR INVESTMENT LOSSES;
• LOSS OF PRINCIPAL, LOST PROFITS, LOST REVENUE OR MISSED OPPORTUNITIES;
• PORTFOLIO UNDERPERFORMANCE OR TAX CONSEQUENCES;
• LOSS OF DATA, BUSINESS INTERRUPTION OR REPUTATIONAL HARM,

18. (continued)

ARISING OUT OF OR RELATING TO THE WEBSITE, THESE TERMS, ANY CALCULATION, INDICATOR OUTPUT OR MODEL OUTPUT (INCLUDING THE DCA INDICATOR AND THE CYCLE MODELS), ANY MARKET DATA ERROR, DELAY OR OMISSION, ANY HYPOTHETICAL OR ILLUSTRATIVE RESULT, ANY SERVICE INTERRUPTION OR TECHNICAL FAILURE, ANY UNAUTHORISED ACCOUNT ACCESS, OR ANY CYBERSECURITY INCIDENT — WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE CAP. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF TRADE CONFIDENT LLC AND THE PARTIES LISTED ABOVE, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO TRADE CONFIDENT LLC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS AND ALL CAUSES OF ACTION AND IS NOT PER-INCIDENT.

WE ARE NOT LIABLE FOR ANY TRADING OR INVESTMENT DECISION YOU MAKE, OR FOR ANY LOSS ARISING FROM RELIANCE ON ANY FIGURE, INDICATOR, MARKER, LINE OR OUTPUT DISPLAYED ON THE WEBSITE.

You acknowledge that the limitations in this Section and Section 17 are a fundamental basis of the bargain and that we would not provide the Website without them.

Some jurisdictions do not allow certain limitations. In those jurisdictions our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud.

19. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Trade Confident LLC and its owners, members, officers, employees, contractors, affiliates, licensors and service providers from any claim, liability, damage, judgment, loss, cost or reasonable attorneys’ fee arising from your use or misuse of the Website; your financial or trading decisions; your violation of these Terms or applicable law; your redistribution or misuse of market data; content you submit; your violation of another person’s rights; or unauthorised activity conducted through your account.

20. Security

We implement reasonable administrative, technical and organisational safeguards. However, no website, database, network or online transmission can be guaranteed completely secure. You acknowledge that use of an online service involves cybersecurity and privacy risks, that you are responsible for the information you submit and for protecting your credentials and devices, and that we cannot guarantee that unauthorised access, malware, service interruption or data loss will never occur.

We will take actions required by applicable data breach notification laws.

21. Dispute Resolution — Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

21.1 Agreement to arbitrate. Except as set out below, any dispute, claim or controversy arising out of or relating to these Terms, the Website, or any service provided by Trade Confident LLC shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

21.2 Exceptions. This Section does not apply to: (a) claims that qualify for small claims court; (b) requests for temporary or preliminary injunctive relief relating to intellectual property misuse or unauthorised access; or (c) reporting a concern to any government agency or regulator, which nothing in these Terms prevents.

21.3 CLASS ACTION WAIVER. YOU AND TRADE CONFIDENT LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

YOU AND TRADE CONFIDENT LLC WAIVE ANY RIGHT TO A JURY TRIAL.

21.4 YOUR RIGHT TO OPT OUT — 30 DAYS. You may opt out of this arbitration agreement and the class action waiver. To do so, send written notice within thirty (30) days of first accepting these Terms to legal@portfoliota.com or 418 Broadway St., Chico, CA 95928, stating your name, the email address on your account, and a clear statement that you wish to opt out of arbitration.

Opting out will not affect your subscription or your use of the Website in any way. If you opt out, disputes will be resolved in the courts identified in Section 22.

21.5 Coordinated filings. If twenty-five (25) or more similar arbitration demands are filed by or with the assistance of the same law firm or coordinated group, the demands shall be batched into groups of no more than fifty (50) and resolved as batches, with a single arbitrator and a single set of filing fees per batch. The parties will cooperate with the AAA to implement this process, and all limitation periods are tolled during it.

21.6 Severability of this Section. If any part of this Section is found unenforceable, the remainder stays in effect — except that if the Class Action Waiver in 21.3 is found unenforceable, this entire Section 21 is void and disputes will proceed in the courts identified in Section 22.

22. Governing Law and Venue

Except where federal law applies, these Terms are governed by the laws of the State of California, without regard to conflict of law principles. Subject to Section 21, the state and federal courts located in Butte County, California shall have exclusive jurisdiction.

Nothing in these Terms deprives you of the protection of mandatory consumer protection laws of the jurisdiction in which you reside.

23. General

23.0 Business days and support hours. We operate Monday to Friday, excluding United States federal holidays. In these Terms, a “business day” means a day that is not a Saturday, a Sunday or a United States federal holiday, and anything we receive outside those hours is treated as received at the start of the next business day.

This does not affect the Website itself, which is available at all times, subject to Section 15, nor your ability to cancel, which is self-service and available at any hour under Section 11.3. It also does not extend any period fixed by law or by these Terms in calendar days — including the thirty (30) day arbitration opt-out in Section 21.4 — which run continuously.

Entire agreement. These Terms, the Privacy Policy and the Refund Policy are the entire agreement between you and Trade Confident LLC regarding PortfolioTA.com and supersede all prior communications.

Severability. If a provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted or severed, and the remainder continues in effect.

No waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, restructuring, financing or sale of assets.

Force majeure. We are not liable for failures caused by events beyond our reasonable control, including market data provider outages, internet or hosting failures, and acts of government.

Electronic communications. You consent to receive agreements, disclosures, notices, receipts and billing communications electronically, which satisfy any legal requirement that such communications be in writing.

24. Changes to These Terms

We may update these Terms. The updated version will be posted with a revised “Last Updated” date. For material changes we will notify you by email or in-app notice at least thirty (30) days before they take effect, and where required we will obtain your affirmative consent. Continued use after the effective date constitutes acceptance. If you do not agree, cancel before the effective date.

25. Contact

Trade Confident LLC, 418 Broadway St., Chico, CA 95928, United States.

General: support@portfoliota.com · Billing: billing@portfoliota.com · Legal: legal@portfoliota.com · Privacy: privacy@portfoliota.com · Security: security@portfoliota.com

PortfolioTA.com is owned and operated by Trade Confident LLC. PortfolioTA is an informational and educational tool and is not investment advice.