FuzzFolio — Terms of Service (Draft)
Effective date: [YYYY‑MM‑DD]
1. Agreement to Terms
These Terms of Service (the “Terms”) are a contract between you (the “User”) and FuzzFolio (“FuzzFolio,” “we,” “us”). By creating an account, subscribing, or using our websites, apps, APIs, webhooks, dashboards, and related services (collectively, the Service), you agree to these Terms and our Privacy Policy. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization and “you” includes that entity.
2. What the Service Is — and Is Not
What it is.
- connect data sources you choose;
- create rules, scores, and notifications; and
- optionally trigger your own external automations via webhooks/integrations you control (including, at your option, client‑side Expert Advisors or similar scripts you install).
What it is not.
The Service does not: provide investment, legal, tax, or accounting advice; act as a broker, RFED, FCM, CTA, or investment adviser; hold or transmit customer funds; route or execute orders; direct client accounts; or operate a paid “signals” product that promises outcomes. Any examples, templates, signal replays, sample rules, or “moments of interest” we publish are educational illustrations only and not recommendations to buy, sell, or hold any instrument.
3. Eligibility & Accounts
You must be at least 18 and legally able to form a contract. Keep your login secure; you are responsible for all activity under your account. You must provide accurate registration and billing information and keep it updated.
4. Subscriptions, Trials, and Refunds
Paid features are billed in advance on a recurring basis according to your plan. Taxes may apply. Unless stated otherwise, fees are non‑refundable. You may cancel any time; access continues until the end of the current billing period. We may change prices with reasonable notice; continued use after the effective date constitutes acceptance.
5. Market Data, Brokers, and Third‑Party Services
If you connect third‑party data, brokers, or automation tools, you authorize us to receive or transmit information as needed to run the Service at your direction. Those third parties are not under our control; their terms and privacy practices apply. You are solely responsible for verifying permissions, paying any third‑party fees, and complying with your account agreements and local laws.
Execution connectors & client‑side automation (optional)
From time to time, we may offer or document client‑side connectors (e.g., MT4/MT5 Expert Advisors, scripts, or webhooks) that allow you to cause your own software to react to standardized signals you configure in the Service. If you choose to use such connectors:
- You remain in control. Orders are created and executed by software you run with a broker you select. FuzzFolio does not place orders, hold credentials, or exercise discretion over your account.
- Not advice; not copy trading. Signals are standardized and impersonal. We do not provide individualized recommendations, model portfolios, or trade‑by‑trade instructions tailored to you. We do not offer discretionary management or copy‑trading.
- Your compliance obligations. Auto‑ or copy‑trading features can be regulated (e.g., may be viewed as investment advice, portfolio management, or CTA activity in some jurisdictions). You are responsible for ensuring your use complies with all laws and your broker’s terms. We may geoblock, limit, or require additional onboarding for connector features where required by law.
- Testing & safeguards. You should test in a demo environment, set your own risk limits, and maintain independent records and backups. We are not responsible for missed alerts, duplicate orders, slippage, latency, or integration failures.
- Future changes. If we introduce any feature that could constitute directing client accounts or tailored advice, access may require separate agreements, eligibility screening, and/or services provided by a duly registered or exempt affiliate; until then, such features are unavailable.
Attestation required to enable connectors
- No advice / no direction. I understand FuzzFolio provides standardized signals and does not provide investment advice, copy‑trading, or discretionary account management, and cannot place orders for me.
- My software, my broker, my risk. I will run any EA/connector on my own systems with a broker of my choice, and I am solely responsible for orders created, modified, or canceled as a result.
- Compliance. I will ensure my use complies with applicable laws, regulations, and my broker’s terms, and that I am not a prohibited/restricted party or located in a sanctioned jurisdiction.
- Risk controls. I will implement appropriate safeguards (e.g., limits, alerts, manual oversight) to manage trading risks.
6. Trading Risk Disclosure
Trading and investing in financial markets—including foreign exchange (FX), contracts for difference, futures, options, crypto assets, and other leveraged products—involves substantial risk of loss and is not suitable for every investor. You could lose some or all of your capital. Past performance—real or hypothetical—does not guarantee future results. Leverage magnifies gains and losses. Only trade with money you can afford to lose and ensure you understand the risks.
FuzzFolio provides software only. We do not monitor your trading, assess suitability, or prevent you from making losses. All decisions and outcomes are solely your responsibility.
Hypothetical/Simulated Results Disclosure (CFTC‑style)
Signal replays—whether historical replays, paper trading, or other modeled scenarios—shown in the Service are hypothetical. They are prepared with the benefit of hindsight and do not represent actual trading or real‑world liquidity, slippage, commissions, or psychology. No representation is made that any account will or is likely to achieve profits or losses similar to those shown.
7. User Configurations, Content, and License
You retain ownership of the data, rules, configurations, and content you add to the Service (“User Content”). You grant FuzzFolio a worldwide, non‑exclusive, royalty‑free license to host, process, display, and transmit User Content only as necessary to provide and improve the Service. We may generate de‑identified, aggregated analytics about Service use; we own those aggregates, which never include information that reasonably identifies you.
You are responsible for (a) the accuracy and legality of User Content; (b) maintaining your own backups; and (c) ensuring your automations/notifications are configured as intended. The Service may experience delays or outages; you should not rely on it as a sole source of time‑critical alerts.
8. Acceptable Use
You agree not to: (i) misuse or interfere with the Service or its security; (ii) reverse engineer, scrape, or excessively call our APIs except as permitted; (iii) use the Service to provide investment advice or a paid signals product to others unless you independently meet and comply with all required registrations and laws; (iv) violate sanctions or export controls; or (v) infringe others’ rights.
9. Intellectual Property
The Service, including our software, logos, and content, is owned by FuzzFolio and its licensors and is protected by law. No rights are granted except as expressly stated in these Terms. You may provide feedback; you grant us a perpetual, royalty‑free license to use it without restriction.
10. Privacy
Our Privacy Policy explains how we collect and use information. By using the Service, you consent to those practices.
11. Service Changes and Availability
We may modify or discontinue features with reasonable notice where practical. The Service may be unavailable due to maintenance or factors outside our control. We are not responsible for missed alerts, lost opportunities, or other effects of downtime or delays.
12. Term, Suspension, and Termination
You may stop using the Service at any time. We may suspend or terminate access immediately for violations of these Terms, non‑payment, legal risk, or security concerns. Upon termination, your right to use the Service ends, but the following survive: Sections 6, 7, 8, 9, 11–18.
13. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT SIGNALS, SCORES, OR NOTIFICATIONS WILL BE ACCURATE, TIMELY, ERROR‑FREE, OR UNINTERRUPTED.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUZZFOLIO WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12‑MONTH PERIOD WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THAT PERIOD.
15. Indemnification
You will defend, indemnify, and hold harmless FuzzFolio and its affiliates, officers, employees, and agents from any claims, losses, and expenses (including attorneys’ fees) arising from: (i) your use of the Service; (ii) your User Content or configurations; (iii) your violation of these Terms or applicable law; or (iv) your connections to third‑party services.
16. Compliance; Export; Sanctions
You represent that you are not located in, under control of, or a national or resident of any embargoed country and are not on any restricted party list. You will comply with all applicable export control and sanctions laws when using the Service.
17. Governing Law; Dispute Resolution
[Choose one:] (a) Courts located in [State/Country] have exclusive jurisdiction, and governing law is that of [State/Country], excluding its conflicts rules; or (b) disputes will be resolved by binding arbitration under [Rules] in [City, State/Country], on an individual basis (no class actions). Fill in your preferred framework with counsel.
18. Updates to These Terms
We may update these Terms from time to time. If changes are material, we will provide notice (e.g., email or in‑app). Continued use after the effective date constitutes acceptance.
19. Contact
[FuzzFolio legal name] [Address] [Contact email]