Terms of Service

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
• AI-assisted educational analytics and scenario summaries

5. No Financial Advice

5A. AI and Automated Analytics

AI-generated content, risk calculations, alerts, labels, trade ideas, and market summaries are provided for educational and informational scenario analysis only. They may be inaccurate, incomplete, delayed, or based on assumptions that do not apply to your account.

You must independently verify all data and analysis before making any decision. No AI output or platform feature is a recommendation, personalized advice, instruction to trade, or guarantee of execution or outcome.

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 before applicable taxes unless otherwise shown at checkout. Fees are non-refundable except as required by law or when we approve a refund request case-by-case through support.

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 Trials, Cancellations, Taxes, and Refunds

If your subscription includes a trial, the trial automatically converts to the selected paid subscription at the end of the trial period unless you cancel before the trial ends. You can cancel renewal from billing settings or by contacting support. Taxes may apply based on your billing address and will be calculated during checkout or billing when supported by our payment processor. Refund requests are reviewed case-by-case by contacting support@profitabul.com; we do not offer an unconditional 30-day money-back guarantee unless a separate written offer expressly says otherwise.

8.4 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.

Live broker connections, if enabled, are provided by third-party brokers or technology providers. Broker KYC approval, account agreements, margin requirements, order rules, fees, data availability, and exchange rules govern your account and trades. Profitabul does not control fills, rejections, liquidations, margin calls, or broker-side risk controls.

By submitting an order through any live trading integration, you acknowledge that the order may be routed to a real brokerage account and that you are solely responsible for resulting profits, losses, fees, and obligations.

11. Limitation of Liability

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: