Terms of use

Last updated [date]

These terms govern your use of app.blindspotsandsignals.com and the Blind Spots & Signals member site (the "service"), run by [Pholon Solutions LLC — confirm this is the entity that contracts with members] ("we", "us"). By creating an account or using the service you agree to them. If you don't agree, don't use the service.

1. What the service is

Blind Spots & Signals is a research and information tool. It shows market data, news links and analysis, organised by sector. It is provided for informational and educational purposes only.

2. We are not advisors, and this is not advice

We are not your financial advisor, investment adviser, broker, dealer, financial planner, tax advisor, accountant or lawyer, and we are not acting as any of these for you. [Attorney: confirm an accurate statement of registration status before launch]

• Nothing in the service is financial, investment, tax, legal or accounting advice, an offer, a solicitation, or a recommendation to buy, sell or hold any security or other asset.
• No advisory, fiduciary or professional relationship is created between you and us by your use of the service or by contacting us.
• Content is general and the same for everyone who reads it. It does not take into account your goals, finances or circumstances, and it may not be suitable for you.
• We do not place trades, hold your money or manage your accounts.
• Before making any financial decision, speak to a licensed professional who knows your situation.

3. Investing is risky and our information can be wrong

Investing involves risk, including the loss of all the money you put in. Past performance does not predict future results. Market data, news and analysis come from third parties and from automated processes. They may be delayed, incomplete, out of date or wrong, and links between a price move and a news story are not proof that one caused the other. Where we cannot read a figure we try to say so, but we do not promise that we always will.

4. You are responsible for your decisions

You decide whether and how to use anything you read in the service, and you accept all the risk of doing so. You agree you are not relying on us for any financial decision. Do your own research.

5. Your account and payment

• Keep your password private and tell us promptly if you think someone else has used your account. You are responsible for activity on it.
• Access is by monthly subscription, and the price of each desk is shown before you add it. No payment provider is connected to this service yet, so nothing is charged and no subscription has been paid for. We never see or hold your card details: when a provider is connected it will take them on its own site. [Name the provider here once one is connected] [Attorney: renewal, refund and free-trial terms, and the auto-renewal disclosures your states require]
• You may change or cancel from your account page at any time, in whole or in part. Anything you cancel that has been paid for stays available until the end of the period it was paid for; anything not yet paid for ends immediately. Cancelling your last sector also cancels Advisor, because Advisor reads the sectors you hold and has nothing to show without one. [Attorney: refund position]

6. Using the service

• Don't copy, scrape, resell or redistribute the data, links or analysis, or share your account.
• Don't try to break, probe or overload the service, or reach other people's data.
• Don't use the service for anything unlawful.

We own the service and its content, apart from material owned by others. News is shown as headlines, sources and links; the articles belong to their publishers. We give you a personal, non-transferable licence to use the service for your own research while your subscription is active.

7. No warranties

The service is provided "as is" and "as available". To the fullest extent the law allows, we make no promises of any kind, express or implied, including that the service or its content will be accurate, complete, timely, uninterrupted, error-free or fit for any particular purpose.

8. Limits on what we can owe you

To the fullest extent the law allows:

• We are not liable for any loss from your investment or trading decisions, including lost profits, lost opportunities and loss of capital, whether or not you relied on the service.
• We are not liable for indirect, incidental, special, consequential or punitive damages.
• Our total liability to you for everything connected to the service will not be more than the greater of (a) what you paid us in the [3 or 12] months before the event, and (b) [$100].

Nothing in these terms limits liability that the law does not allow us to limit. Some places do not allow some of these limits, so they may not fully apply to you. [Attorney: confirm limits are enforceable in the states where members live, and add any carve-outs required]

9. If your use causes us a problem

You agree to cover our reasonable losses and legal costs arising from your breach of these terms or your unlawful use of the service. [Attorney: confirm scope]

10. Ending your access

You can stop using the service at any time. We may suspend or end an account that breaks these terms or puts the service or other members at risk. Sections 2, 3, 4, 7, 8 and 9 continue after your account ends.

11. Law and disputes

These terms are governed by the laws of [State]. [Attorney: consider requiring individual arbitration and waiving class actions, and set venue]

12. Changes

We may update these terms. If a change is significant we will tell you in the service. [This service cannot send email today, so a notice inside the member site is the only channel that exists. Add email here once it does] Using the service after a change means you accept it.

13. Contact

Questions about these terms: use our contact form. See also our privacy policy.