Terms of Use for Portfolio Matrix LLC

Effective Date: 01/01/2024

Welcome to Portfolio Matrix LLC (“Portfolio Matrix,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our website www.portfoliomatrix.com (the “Platform”) and any associated pages, microsites, or mobile applications (collectively, the “Services”). By accessing or using our Platform, you (“User,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Platform.

1. Acceptance of the Terms of Use

Portfolio Matrix LLC (“Portfolio Matrix,” “we,” “us,” or “our”) provides an investment tool designed to assist investors in making their own financial decisions. By using our Platform, you enter into a legally binding agreement with Portfolio Matrix, confirming that you have read, understand, and agree to be bound by these Terms of Use (“Terms”). Please read these Terms carefully and print a copy for your records. You also agree to our Privacy Policy.

2. Changes to These Terms of Use

We reserve the right to modify these Terms at any time by posting a revised version on the Platform. Changes are not retroactive. If you do not agree with the updated Terms, you must stop using the Platform. Your continued use of the Platform after any changes constitutes acceptance of the new Terms.

3. Use of the Platform

Portfolio Matrix does not provide financial advice. Our Platform is entirely a calculation tool intended to help investors make their own financial decisions. Past performance is not indicative of future results. Users should seek financial advice from a legally compliant investment advisor before making any investment decisions.

4. Use Restrictions

Without our prior written consent, you may not:

Use any automated means to access or collect information from the Platform (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);

Frame the Platform or use framing techniques to enclose any content;

Engage in “screen scraping,” “database scraping,” or any other activity to obtain content or information;

Use the Platform in a manner that violates applicable law or could alter, damage, disable, overburden, or impair the Platform;

Access, use, or monitor the Platform for benchmarking or competitive purposes.

We may terminate or disable your access to the Platform for any reason, with or without cause, including if we believe you have violated these Terms.

5. User Representations

To access certain features of the Platform, you may need to register for an account and create a password. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.

You represent and warrant that:

You are at least eighteen (18) years old;

You are a natural person and not an entity;

You will use the Platform in compliance with all applicable laws and regulations;

All information you provide is accurate, current, and complete.

You agree not to use the Platform to:

Register for more than one account;

Impersonate any person or entity or falsely state your affiliation with any person or entity;

Upload or share private information of any third party;

Upload or share malicious software or content designed to disrupt the Platform.

6. Information Posted Through the Platform

All content provided through the Platform, including designs, text, graphics, images, videos, software, and other materials (collectively, the “Portfolio Matrix Content”), is the property of Portfolio Matrix or its licensors. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Portfolio Matrix Content without our prior written permission.

You are solely responsible for the information you post on or through the Platform. By posting information, you agree to:

Provide accurate, current, and complete information;

Maintain the security of your account and password;

Promptly notify us of any changes to your information or any unauthorized use of your account.

The Platform may contain links to third-party websites and services (“Third-Party Links & Ads”). These links are provided for your convenience and do not signify our endorsement. We have no control over the content of these sites and are not responsible for them. Your use of Third-Party Links & Ads is at your own risk and subject to the terms and policies of the respective third parties.

7. Data Collection

When you register for a Portfolio Matrix account, you may connect your accounts maintained at external financial institutions (referred to as “Connected Accounts”). Connecting your accounts is entirely voluntary. We may also use third-party service providers for payment processing and other services. These providers have their own terms and conditions, and we are not responsible for their actions or omissions. Please review their policies before using their services.

8. Financial Calculations and Market Data

Portfolio Matrix provides financial formulas and calculations to assist in investment decision-making. However, these calculations may be incorrect or inaccurate. Portfolio Matrix makes no representations or warranties regarding the accuracy, completeness, or reliability of any financial formulas or calculations provided on the Platform.

Market data displayed on the Platform is provided by Tiingo (https://www.tiingo.com/). While Tiingo strives to ensure the accuracy of its data, discrepancies may exist. Portfolio Matrix does not guarantee the accuracy of the market data provided by Tiingo and disclaims any liability arising from such discrepancies.

9. Consent to be Contacted

To the extent required by applicable law, we ensure that we make the proper disclosures and obtain your consent when collecting your contact information.

10. Intellectual Property

Trademarks

The “Portfolio Matrix” name and all associated graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Portfolio Matrix LLC. These may not be used, copied, imitated, or utilized without our prior written permission.

Submissions

Any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”) you provide through the Platform are non-confidential and become the sole property of Portfolio Matrix. We may use these Submissions for any purpose without acknowledgment or compensation to you.

Copyright Complaints

If you believe that any material on the Platform infringes upon your copyright, please send a written notification to:

Portfolio Matrix LLC

Email: accounts@portfoliomatrix.com

Your notification must include:

A physical or electronic signature of the copyright owner or authorized representative;

Identification of the copyrighted work claimed to be infringed;

Identification of the material that is claimed to be infringing;

Contact information of the complaining party;

A statement of good faith belief that the use is not authorized;

A statement of accuracy and authority to act on behalf of the owner.

11. App Store

If you download any mobile application offered by Portfolio Matrix through a third-party app store (“App Store”), you agree to comply with the App Store’s terms and conditions. Portfolio Matrix is solely responsible for the Platform and the mobile application, including content, maintenance, support, and warranties. The App Store Owner is not responsible for addressing any claims related to the mobile application.

By downloading the mobile application, you agree to pay any applicable fees for access and usage as determined by the App Store Owner. Any disputes regarding the mobile application should be directed to the App Store Owner, not Portfolio Matrix.

12. Disclaimers

Platform Changes

We reserve the right to modify or discontinue the Platform or any services offered through it at any time without notice.

Disclaimer of Warranties

The Platform is provided “AS IS” without any warranties, express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.

Relationship with Users

Your use of the Platform does not create an advisory or fiduciary relationship between you and Portfolio Matrix. The Platform is for educational purposes only and is not intended to provide legal, tax, or financial planning advice. You are responsible for your own investment decisions and should consult a professional advisor before making any investments.

13. Limitation of Certain Damage Types

EXCEPT WHERE PROHIBITED BY LAW, Portfolio Matrix LLC and its directors, employees, or agents shall not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or data, arising from your use of the Platform, even if we have been advised of the possibility of such damages.

14. Limitation of Liability Amount

TO THE EXTENT NOT PROHIBITED BY LAW, our total liability to you for any cause whatsoever shall be limited to the greater of the amount you paid us in the three months prior to the event giving rise to the claim or $10. You acknowledge that if no fees have been paid, your sole remedy is injunctive relief, unless prohibited by law.

Nothing in these Terms limits or excludes our liability for death or personal injury resulting from our willful misconduct, fraud, or any other liability that cannot be excluded by law.

15. Disputes, Governing Law, Venue, and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Austin, Texas, and the parties hereby consent to personal jurisdiction and venue therein.

16. Arbitration Agreement & Dispute Resolution

Arbitration

Any dispute arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively through binding, individual arbitration under the rules of the American Arbitration Association (“AAA”). This includes any disputes regarding the interpretation, applicability, enforceability, or validity of these Terms.

Exceptions

You and Portfolio Matrix retain the right to seek injunctive or equitable relief in court to prevent infringement or misappropriation of intellectual property rights.

Arbitration Process

The arbitration will be conducted by the AAA under its Consumer Arbitration Rules. If your claim is $10,000 or less, you may choose the arbitration format. For claims exceeding $10,000, the AAA Rules will determine the process. Arbitration hearings will take place in San Francisco County, California, unless otherwise agreed. The arbitrator shall have exclusive authority to decide all issues relating to the arbitration.

Arbitration Costs

All arbitration fees will be governed by the AAA Rules. If you prevail, you may be entitled to an award of attorneys’ fees and expenses as permitted by law.

Effect of Changes on Arbitration

We may modify this arbitration provision by providing 30 days’ written notice. Changes will apply prospectively and will not affect previously filed claims. Continued use of the Platform constitutes acceptance of any changes.

Class Action Waiver

You and Portfolio Matrix agree to resolve disputes only in your or our individual capacities and not as part of any class or representative action. If any part of this arbitration agreement is found unenforceable, the remaining provisions remain in effect.

17. Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold harmless Portfolio Matrix LLC, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, and contractors from any claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to your use of the Platform or violation of these Terms.

18. Survival

The following sections shall survive the termination of these Terms: 9 (Intellectual Property), 10 (Disclaimers), 12 (Limitation of Liability), 13 (Limitation of Certain Damage Types), 14 (Limitation of Liability Amount), 15 (Disputes, Governing Law, Venue, and Jurisdiction), 16 (Arbitration Agreement & Dispute Resolution), 17 (Indemnity), and 18 (Survival).