📋 Terms and Conditions

Last Updated: May 14, 2026

1. Acceptance of Terms

By creating an account, accessing, or using cruisefolio (the "Service"), you ("User," "you," or "your") enter into a legally binding agreement with cruisefolio ("Company," "we," "us," or "our"). Your continued use of the Service constitutes acceptance of these Terms and Conditions, as amended from time to time.

2. Risk Disclosure and Investment Warnings

2.1 Understanding Trading Risks

You acknowledge and agree that:

• Past performance is not indicative of future results. Historical data, backtests, and simulated results do not guarantee future profits.
• You may lose all or more than your initial investment. Market volatility can result in rapid and substantial losses.
• Automated trading carries additional risks. Software errors, system failures, connectivity issues, and algorithm defects may result in unintended trades or losses.
• Market conditions can change rapidly. Gaps, slippage, and liquidity issues may prevent orders from executing at desired prices.
• Leverage amplifies both gains and losses. Trading on margin increases your exposure and risk of loss.
• No guarantee of profit. The Company makes no representations or warranties regarding potential returns or profitability.

2.2 User Responsibility

You are solely responsible for:

• All trading decisions made using the Service, whether manual or automated
• Understanding the risks associated with trading financial instruments
• Ensuring you have adequate financial resources to sustain potential losses
• Complying with all applicable laws, regulations, and tax obligations
• Monitoring your trading account and positions at all times
• Understanding how the Service's automated trading features work before activating them

2.3 Pattern Day Trader (PDT) Rule Warning

IMPACT ON CRUISEFOLIO STRATEGIES: Auto Diversification & 4-2M both execute day trades. If you hit PDT: Account locked - you cannot place new orders. Your strategies will be paused by the monitoring system.

YOU MUST:

1. Verify your account balance is $25,000+ if you plan frequent trades
2. Use cash accounts (not margin) if you want to avoid PDT restrictions
3. Monitor your own account for PDT status - the Company will not prevent it
4. Understand that hitting PDT is YOUR responsibility, not CruiseFolio's

The Company is NOT LIABLE for any losses due to PDT freezes, forced liquidations, or trading restrictions imposed by your broker.

2.4 Market Volatility, Gapping & Execution Risk Disclaimer

GAPPING RISK:

Stock prices can "gap" overnight or during trading halts. Example: Stock closes at $100 → opens at $85 (earnings miss). Your stop-loss or limit orders may execute at much worse prices than expected. CruiseFolio CANNOT guarantee execution at any specific price.

SLIPPAGE RISK:

Your order price ≠ execution price during fast-moving markets. If you request "buy 100 shares at market," you might execute at $100.10, $100.50, $101.00 depending on liquidity. During volatile markets: even larger differences possible. CruiseFolio is NOT liable for slippage.

LIQUIDITY RISK:

Some stocks have low trading volume. Your order may not execute if there aren't enough buyers/sellers. CruiseFolio will not force a partial fill or accept liability for failed fills.

CIRCUIT BREAKER RISK:

Market circuit breakers can halt trading during extreme volatility. CruiseFolio orders will be stuck in "pending" state during halts. When trading resumes, your order executes at whatever price exists (may be far from your requested price).

YOU UNDERSTAND AND ACCEPT these execution risks. The Company is NOT LIABLE for any difference between your expected execution price and actual execution price.

2.5 Fractional Shares and Rounding Error Disclaimer

FRACTIONAL SHARE RISKS:

• Broker Support Variance: Some brokers (e.g., Alpaca, Webull) support fractional shares; others do not. Orders that request fractional quantities may be rejected or rounded by the broker without Company involvement.
• Rounding Behavior: When orders are rounded (up or down), your actual position size may differ from the calculated target. This affects portfolio allocation percentages and capital deployment.
• Price Precision Loss: Fractional pricing ($100.50123) may be rounded to broker-supported decimal places ($100.50), resulting in micro-losses on large positions.
• Cumulative Rounding Errors: Across multiple orders in a single rebalance operation, rounding errors can accumulate, causing net cash drift from expected positions.

ALGORITHM ROUNDING DISCLAIMERS:

• No Guarantee of Precision: The Company makes no warranty that calculated share quantities are mathematically exact or match the broker's executed quantities.
• Broker Authority: Your broker has final authority on share rounding and precision. The Company cannot override broker-imposed restrictions or rounding rules.
• Cash Drift: Due to rounding, your actual account cash balance may diverge from the calculated target, resulting in either unused buying power or over-allocation.
• Position Mismatch: Your intended position size (e.g., 10.5 shares of XYZ) may be executed as 10 or 11 shares, depending on broker rules and order type.

YOU ACKNOWLEDGE AND ACCEPT that fractional share handling and mathematical rounding are inherent to automated trading algorithms. The Company is NOT LIABLE for any losses, inefficiencies, or position mismatches resulting from rounding, fractional share restrictions, or mathematical approximation errors.

Workaround: You may request whole-share-only execution in your account settings to avoid fractional share orders, though this may reduce portfolio precision and rebalancing effectiveness.

3. Disclaimer of Warranties

3.1 "AS IS" and "AS AVAILABLE" Basis

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
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of any data, information, or content
• Warranties that defects will be corrected or that the Service is free of viruses or harmful components

3.2 No Investment Advice & Publisher's Exclusion

The Company is NOT a registered investment advisor, broker-dealer, or financial planner. The Service:

• Does NOT provide investment, financial, legal, or tax advice
• Does NOT recommend specific securities or trading strategies
• Does NOT guarantee any particular outcome or result
• Should NOT be relied upon as the sole basis for investment decisions

IMPORTANT REGULATORY NOTICE: All pre-built trading strategies and algorithms provided by CruiseFolio are IMPERSONAL, GENERALIZED TECHNICAL TEMPLATES that are:

• ✓ IDENTICAL FOR ALL SUBSCRIBERS - No customization based on individual needs
• ✓ NOT TAILORED to personal financial circumstances, risk tolerance, goals, age, or retirement timeline
• ✓ MADE AVAILABLE TO ALL SUBSCRIBERS equally on a "take-it-or-leave-it" basis
• ✓ PURELY MATHEMATICAL - Designed to execute pattern-based rules, NOT to provide advice
• ✓ EDUCATIONAL - Provided as learning tools and technical experiments, not investment guidance

This disclaimer is required by the Securities Exchange Act of 1934, Section 15(b), the "Publisher's Exclusion" exemption to the Investment Advisers Act of 1940. By using CruiseFolio, you acknowledge that you are NOT receiving individualized investment advice.

You are strongly advised to consult with qualified financial, legal, and tax professionals before making any investment decisions.

3.3 No Guarantee of Service Availability

The Company does not warrant that:

• The Service will be available at all times or without interruption
• Data feeds, market data, or API connections will be accurate or timely
• Automated trading features will execute as expected
• Third-party services (brokers, data providers) will function properly

4. Limitation of Liability

4.1 Excluded Damages

The Company shall NOT be liable for:

• Trading losses - Any losses incurred from trades executed manually or automatically using the Service
• Lost profits or revenue - Any lost opportunities, profits, or business revenue
• Data loss or corruption - Loss or corruption of data, settings, or trading history
• System failures - Errors, bugs, outages, connectivity issues, or system downtime
• Third-party failures - Failures or errors by brokers, exchanges, data providers, or other third parties
• Unauthorized access - Unauthorized access to your account due to compromised credentials
• Erroneous trades - Trades executed in error due to software bugs, user error, or system malfunction
• Delayed or failed orders - Orders that fail to execute, execute late, or execute at unfavorable prices

4.1A: No Liability for Breach-Related Unauthorized Trading

NOTWITHSTANDING ANY OTHER LIABILITY PROVISION, THE COMPANY SHALL NOT BE LIABLE FOR:

1. Unauthorized trading activity on your brokerage account resulting from:
   • Leaked, stolen, or compromised API keys
   • Server breaches affecting stored credentials
   • Database leaks or data exfiltration
   • Insider threats or employee misconduct at the Company
2. Account liquidations, margin calls, or forced closures caused by:
   • Unauthorized trades placed by malicious actors using stolen keys
   • Losses incurred during the breach window before discovery
3. Consequential damages from breach-related losses, including:
   • Lost trading opportunities
   • Forced liquidation penalties
   • Margin interest or forced sale losses

THIS LIABILITY EXCLUSION APPLIES EVEN IF THE COMPANY WAS NEGLIGENT.

MAXIMUM DAMAGES: User's only recourse is reimbursement of the lesser of: (a) Direct cash losses recovered by the Company from the breach perpetrator, or (b) Fees paid to the Company in the preceding 12 months.

4.2 Maximum Liability Cap

In no event shall the Company's total aggregate liability exceed the lesser of: (a) the fees you paid to the Company in the twelve (12) months preceding the claim, or (b) $100 USD.

4.3 Basis of the Bargain

You acknowledge that the Company has set its prices and entered into this Agreement in reliance upon the limitations of liability and disclaimers set forth herein, and that the same form an essential basis of the bargain between the parties.

5. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms and Conditions
• Your violation of any applicable laws, regulations, or third-party rights
• Your trading activity, whether manual or automated
• Any content you submit or transmit through the Service
• Any dispute between you and your broker or other third party
• Unauthorized access to your account due to your failure to safeguard your credentials

6. Dispute Resolution and Arbitration

6.1 Binding Arbitration

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the Service (collectively, "Disputes") shall be settled by binding arbitration on an individual basis, except as set forth below.

6.2 Arbitration Procedures

• Arbitration Administrator: The American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
• Location: Arbitration shall take place in the county where you reside or another mutually agreed location.
• Arbitrator: A single, neutral arbitrator will be selected according to AAA rules.
• Fees: Each party shall bear its own costs and fees, unless the arbitrator determines otherwise.
• Discovery: Discovery shall be limited to what is necessary and reasonable under the circumstances.

6.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not preside over any form of consolidated, representative, or class proceeding.

6.4 Exceptions to Arbitration

Notwithstanding the above, either party may:

• Seek relief in small claims court for disputes within its jurisdiction
• Seek injunctive or equitable relief in court to prevent infringement of intellectual property rights

6.5 Governing Law and Venue

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. Any arbitration or court proceeding shall take place in [Your County], [Your State].

7. Account Registration and Security

7.1 Eligibility

To use the Service, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Maintain an account with a supported third-party broker

7.2 Account Credentials

You are responsible for:

• Maintaining the confidentiality of your username, password, and API credentials
• All activities that occur under your account
• Notifying the Company immediately of any unauthorized access or security breach

The Company is not liable for any loss or damage arising from your failure to protect your account credentials.

7.2A: Broker API Key Permission Requirements

The Company requires that all users configure their external broker API keys with MINIMUM permissions:

✅ REQUIRED PERMISSIONS:

• Read account information (balances, positions, orders)
• Submit market and limit orders (trading only)
• Cancel open orders

❌ FORBIDDEN PERMISSIONS:

• Transfer funds (withdrawals/deposits)
• Close account
• Modify account settings
• Access to linked bank accounts
• Dividend/option settings changes

ENFORCEMENT:

1. The Company will conduct periodic API key permission audits
2. If a user provides an API key with Transfer/Withdrawal permissions enabled:
   • The Company will immediately notify the user
   • The user has 24 hours to remove those permissions
   • Failure to comply will result in IMMEDIATE ACCOUNT TERMINATION
   • The Company DISCLAIMS 100% LIABILITY for any stolen funds via withdrawal permissions

REASON: An API key with transfer permissions is a full bank account takeover risk.

7.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary. Providing false or misleading information may result in immediate account termination.

8. Acceptable Use Policy

8.1 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Engage in market manipulation, fraud, or deceptive practices
• Violate any securities laws, regulations, or exchange rules
• Attempt to gain unauthorized access to the Service or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Service
• Transmit viruses, malware, or harmful code
• Interfere with or disrupt the Service or servers
• Use automated scripts or bots (other than the Service's authorized automated trading features)
• Share your account credentials with third parties
• Use the Service to compete with or harm the Company

9. Intellectual Property

9.1 Ownership

The Service, including all software, algorithms, text, graphics, logos, and other content, is owned by the Company and protected by copyright, trademark, and other intellectual property laws.

9.2 Limited License

The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal, non-commercial use in accordance with these Terms and Conditions.

9.3 Restrictions

You may NOT:

• Copy, modify, distribute, sell, or lease any part of the Service
• Create derivative works based on the Service
• Use the Service's branding, trademarks, or logos without written permission
• Remove or alter any copyright, trademark, or proprietary notices

10. Third-Party Services

The Service integrates with third-party brokers, data providers, and APIs (collectively, "Third-Party Services"). You acknowledge that:

• Third-Party Services are governed by their own terms and conditions
• The Company is not responsible for the availability, accuracy, or functionality of Third-Party Services
• You are solely responsible for your relationship with Third-Party Services
• The Company makes no representations or warranties regarding Third-Party Services
• Fees charged by Third-Party Services are separate from and in addition to any fees charged by the Company

11. Fees and Payment

11.1 Service Fees

The Company may charge fees for use of the Service. Current fees, if any, are disclosed on the website. The Company reserves the right to modify fees at any time with thirty (30) days' notice.

11.2 Brokerage Fees

You are responsible for all fees charged by your broker, including but not limited to commissions, exchange fees, regulatory fees, and margin interest. These fees are separate from any fees charged by the Company.

12. Data Privacy and Security

12.1 Data Collection

The Company collects and processes personal data as described in our Privacy Policy. By using the Service, you consent to such collection and processing.

12.2 Broker Credentials

API credentials and tokens provided to the Service are stored securely but are transmitted to third-party brokers to execute trades. The Company is not liable for any breach or misuse of credentials by third parties.

12.2A: API Key Storage and Encryption

The Company stores user API credentials using industry-standard encryption:

• Encryption Method: AES-256 envelope encryption
• Key Management: Data Encryption Keys (DEKs) are encrypted using AWS KMS or equivalent Key Management Service
• Access Control: Application servers do NOT hold decryption keys; decryption occurs in isolated, audited services only
• Audit Logging: All API key access attempts are logged and monitored for anomalous patterns

Users acknowledge that while we maintain these safeguards, cloud infrastructure inherently carries breach risk that is the user's responsibility to understand and accept.

12.4: Cloud Storage Risk Acknowledgment

RISK ACCEPTANCE: By checking "I Agree" during account setup, you CERTIFY that you understand these risks and accept them.

12.3 No Guarantee of Security

While the Company implements reasonable security measures, no system is completely secure. You acknowledge that data transmitted over the internet may be intercepted and that the Company cannot guarantee the security of your data.

13. Account Termination

13.1 Termination by User

You may terminate your account at any time by contacting customer support or using the account closure feature. You remain responsible for any obligations incurred prior to termination.

13.2 Termination by Company

The Company reserves the right to suspend or terminate your account immediately, without notice, for:

• Violation of these Terms and Conditions
• Fraudulent, abusive, or illegal activity
• Failure to pay fees owed
• Prolonged inactivity
• Any reason, at the Company's sole discretion

13.3 Effect of Termination

Upon termination:

• Your access to the Service will be revoked immediately
• All automated trading will cease
• You remain liable for any obligations incurred prior to termination
• Sections related to disclaimers, limitations of liability, indemnification, and dispute resolution survive termination

14. Force Majeure

The Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, pandemics, or severe weather
• War, terrorism, civil unrest, or government actions
• Strikes, labor disputes, or supply chain disruptions
• Internet outages, cyberattacks, or telecommunications failures
• Exchange closures, trading halts, or market disruptions
• Third-party service failures (brokers, data providers, cloud providers)

15. SEC Compliance & Record Retention

15.1 Mandatory Data Retention

The Company retains all trading records for a minimum of 6 years per SEC Rule 17a-4(b), with the first 2 years immediately accessible:

• Order Records: All submitted, executed, and canceled orders retained for 6 years
• Account Records: Account forms, agreements, and setup information retained for 6 years after account closure
• Position History: All positions, balances, and profit/loss data retained for 6 years
• Communications: All business communications (email, chat, support tickets, recorded calls) retained for 3 years
• Audit Trail: Complete audit logs of system access and modifications retained for compliance inspection

15.2 User Trading Data Access

You may request your complete trading history, account statements, and historical data at any time through the Help Center or support email. The Company will provide:

• All orders placed (submitted, executed, canceled) with timestamps
• All fills, executions, and price data
• Account balance and position history
• All correspondence and support communications

The Company will not delete your personal trading data during your account lifetime or for 6 years after account closure, whichever is longer.

15.3 NO Data Destruction Without Notice

Users will NOT have their trading records deleted automatically. The Company maintains all records for the full regulatory retention period to:

• Support regulatory inspections and audits
• Resolve disputes and account inquiries
• Investigate potential fraud or unauthorized activity
• Comply with SEC, FINRA, and CFTC requirements

15.4 Data Archival and Cold Storage

Records older than 2 years may be archived to secure, offline storage (cloud backup, tape archive) but remain immediately retrievable upon request. Archived records:

• Remain accessible to users and regulators
• Are protected with encryption and access controls
• Cannot be altered or deleted without audit logging
• Will be provided upon user request within 5 business days

17. Modifications to Terms

The Company reserves the right to modify these Terms and Conditions at any time. Changes will be effective upon posting to the website. Your continued use of the Service after modifications constitutes acceptance of the revised terms.

Material changes will be communicated via email or in-app notification at least thirty (30) days in advance.

18. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

19. Entire Agreement

These Terms and Conditions, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

20. No Waiver

The Company's failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of the Company.

21. Contact Information

For questions, concerns, or notices regarding these Terms and Conditions, please contact:

22. Acknowledgment