Terms of Service
Last Updated: January 1, 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Profitabul, LLC ("Company," "we," "us," or "our") concerning your access to and use of the Profitabul platform and related services (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Eligibility
You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
3. Account Registration
3.1 Account Creation
To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Use a strong, unique password
- Not share your account credentials with others
- Notify us immediately of any unauthorized use of your account
- Log out of your account at the end of each session
4. Service Description
Profitabul is a trading analytics and journaling platform that provides tools for tracking, analyzing, and improving trading performance. The Service includes but is not limited to:
- Trade tracking and import functionality
- Performance analytics and reporting
- Trading journal and note-taking features
- Broker integrations (where available)
- Data visualization and charts
5. No Financial Advice
IMPORTANT DISCLAIMER
The Service is for informational and educational purposes only. We do not provide financial, investment, trading, or legal advice. Nothing on the Service should be construed as:
- A recommendation to buy, sell, or hold any security or financial instrument
- Investment advice or a solicitation to invest
- Tax, legal, or accounting advice
- A guarantee of future performance or results
You are solely responsible for your trading decisions. Past performance is not indicative of future results. Trading involves substantial risk of loss and is not suitable for all investors.
6. Acceptable Use
You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, or impair the Service. Prohibited activities include but are not limited to:
- Violating any applicable laws or regulations
- Infringing on intellectual property rights
- Transmitting viruses, malware, or other harmful code
- Attempting to gain unauthorized access to the Service or other users' accounts
- Using automated systems (bots, scrapers) without our permission
- Interfering with or disrupting the Service or servers
- Impersonating another person or entity
- Sharing your account with others
7. User Content
7.1 Your Content
You retain ownership of any content you submit to the Service, including trade data, journal entries, notes, and other materials ("User Content"). By submitting User Content, you grant us a license to use, store, and process your User Content solely for the purpose of providing the Service to you.
7.2 Content Restrictions
You are solely responsible for your User Content. You agree not to submit content that:
- Is illegal, harmful, or offensive
- Infringes on third-party rights
- Contains personal information of others without consent
- Violates any applicable laws or regulations
8. Fees and Payment
8.1 Subscription Fees
Certain features of the Service may require payment of subscription fees. All fees are stated in U.S. dollars and are non-refundable except as required by law.
8.2 Billing
By providing payment information, you authorize us to charge your payment method for all fees incurred. Subscriptions automatically renew unless canceled before the renewal date.
8.3 Price Changes
We reserve the right to change our fees at any time. We will provide you with advance notice of any fee changes, and you will have the opportunity to cancel your subscription before the new fees take effect.
9. Intellectual Property
The Service and its original content, features, and functionality are owned by Profitabul, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not copy, modify, distribute, sell, or lease any part of our Service or software without our prior written consent.
10. Third-Party Services
The Service may integrate with third-party services, such as broker platforms. Your use of third-party services is governed by their respective terms and privacy policies. We are not responsible for the content, privacy practices, or availability of third-party services.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROFITABUL, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorized access, use, or alteration of your transmissions or content
- Any trading losses or investment decisions made based on use of the Service
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not warrant the accuracy or completeness of any data or analytics provided by the Service.
13. Indemnification
You agree to indemnify, defend, and hold harmless Profitabul, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:
- Your access to or use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your User Content
14. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
You may cancel your account at any time by contacting us. Upon termination, your right to use the Service will immediately cease.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.
16. Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in court.
17. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last Updated" date.
Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
18. Contact Information
If you have any questions about these Terms, please contact us:
Profitabul, LLC
Email: legal@profitabul.com
Website: profitabul.com