Governing your use of the Investfly algorithmic trading platform
Last Updated: March 15, 2024
These Terms of Use ("Terms") constitute a legally binding agreement between you and Finverse LLC d/b/a Investfly ("Investfly", "we", "us", or "our"). By accessing or using www.investfly.com (the "Site") and any services, features, or content provided by Investfly (the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Site or Services.
These Terms constitute the entire agreement between you and Investfly regarding your use of the Site and Services. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms may be assigned by Investfly without restriction. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
The Site and Services are intended for individuals who are at least 18 years old and lawful residents of the United States. By accessing or using the Site, you represent and warrant that you meet these requirements. You may not use the Site if you are under 18 or otherwise barred from using the Site under applicable law. The Site and Services are not intended for use outside the United States.
Investfly provides an algorithmic trading platform that allows users to build, test, and deploy trading strategies to their own brokerage accounts. Investfly is not a broker-dealer, investment advisor, or financial institution. All trading decisions and actions are made solely by you, and you are fully responsible for all outcomes. We reserve the right to modify, suspend, or discontinue any aspect of the Site or Services at any time without notice or liability.
To access certain features, you may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or security breach. We reserve the right to suspend or terminate your account at our sole discretion, including for any violation of these Terms.
You agree not to use the Site or Services for any unlawful, harmful, or abusive purpose. You will not upload, transmit, or distribute any content that is unlawful, infringing, harmful, or otherwise objectionable. You will not attempt to gain unauthorized access to any part of the Site, interfere with its operation, or use automated means to access or scrape data. We reserve the right to remove or modify any content at our sole discretion and to suspend or terminate your access for any violation of these Terms.
The Site may contain links to third-party websites, services, or advertisements ("Third-Party Content"). Such links are provided for your convenience only. Investfly does not control, endorse, or assume any responsibility for any Third-Party Content. Your use of third-party sites is at your own risk and subject to their terms and policies. We are not responsible for the content, accuracy, or practices of any third-party sites or services.
We welcome your feedback, comments, and suggestions for improvements to the Site and Services ("Feedback"). By submitting Feedback, you grant Investfly a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate your Feedback for any purpose without compensation or attribution to you.
You are solely responsible for ensuring that your use of the Site and Services complies with all applicable laws, rules, and regulations. The Site and Services are based in the United States and are not intended for use in any jurisdiction where their use would be unlawful or subject Investfly to registration or regulation in that jurisdiction.
Investfly is not an investment advisory service, nor is it a registered investment advisor or broker-dealer. We do not provide investment, financial, tax, or legal advice. Any information provided on the Site is for informational and educational purposes only and should not be construed as advice. You alone are responsible for evaluating the merits and risks associated with any information or content on the Site before making any decisions. You should always consult with a licensed financial advisor and tax advisor to determine the suitability of any investment.
By using Investfly, you acknowledge and agree that live algorithmic trading involves significant risks, including but not limited to data latency, data inaccuracy, system errors, software bugs, and other technical issues. Investfly allows users to deploy their trading strategies to their own broker accounts, but Investfly is not a broker-dealer and does not execute trades on your behalf. You may incur financial losses, including losses due to platform errors, data inaccuracies, or system failures. You assume full responsibility for all trading activities and outcomes, and Investfly is not responsible for any losses or damages, whether direct or indirect, arising from your use of the platform.
NO WARRANTIES. THE SITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INVESTFLY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY INFORMATION PROVIDED IS ACCURATE OR COMPLETE.
NO GUARANTEE OF RESULTS. WE MAKE NO REPRESENTATION REGARDING THE LIKELIHOOD OR PROBABILITY THAT ANY ACTUAL OR HYPOTHETICAL INVESTMENT OR TRADING STRATEGY WILL ACHIEVE ANY PARTICULAR OUTCOME OR PERFORM IN ANY PREDICTABLE MANNER. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE RESULTS. YOU ACKNOWLEDGE THAT INVESTING AND TRADING INVOLVE RISK, INCLUDING THE RISK OF LOSS OF YOUR ENTIRE INVESTMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INVESTFLY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF INVESTFLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, INVESTFLY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES RESULTING FROM (A) ANY PLATFORM ERROR, SYSTEM FAILURE, DATA INACCURACY, BUG, OR GLITCH; (B) ANY FAILURE OF YOUR STRATEGY, ALGORITHM, OR TRADING DECISION; (C) ANY ACTION OR OMISSION OF YOUR BROKER OR THIRD PARTY; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR ACCOUNT; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (F) ANY VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (G) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF INVESTFLY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES EXCEED FIFTY U.S. DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Investfly, its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your User Content; or (e) your violation of any third-party right, including any intellectual property or privacy right. Investfly reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.
These Terms remain in effect while you use the Site or Services. We may suspend or terminate your rights to use the Site or Services at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of these Terms. Upon termination, your right to access and use the Site and Services will terminate immediately. Provisions of these Terms that by their nature should survive termination will remain in effect.
All claims and disputes in connection with these Terms or the use of any product or service provided by Investfly that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Maryland.
These Terms, together with the Privacy Policy and any other legal notices published by Investfly, constitute the entire agreement between you and Investfly regarding your use of the Site and Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.
If you have any questions about these Terms, please contact us at:
Finverse LLC d/b/a Investfly
6129 Watch Chain Way
Columbia, MD 21044
Email: admin@investfly.com