Terms of Use

1. Who can use the Platform

You must be at least 18 years old and able to form a binding contract. If you use the Platform for an organization, you confirm you are authorized to accept these Terms for it, and “you” includes that organization.

2. What WiseWink LLC is, and is not

WiseWink LLC builds software tools for organizing, analyzing and working with information, including financial information. Please read this section carefully.

• No financial advice. Nothing on the Platform is investment, financial, tax, legal or accounting advice. WiseWink LLC is not a registered investment adviser, broker-dealer, commodity trading advisor or financial planner.
• No recommendations or signals. The Platform does not recommend buying, selling or holding any security, currency, digital asset or other instrument. Calculations, statistics, charts and reports are tools for your own review.
• No trading or custody. The Platform does not execute trades, route orders, hold funds or hold assets for you.
• Your decisions are yours. You alone decide whether and how to trade or invest. Trading and investing involve risk, including the loss of more than you invest in some cases. Past performance, including any shown in a Product, does not predict future results.

Speak with a qualified professional before making financial decisions.

3. Products and supplemental terms

Some Products may have their own terms, pricing or disclosures (“Supplemental Terms”). Supplemental Terms are part of these Terms for that Product. If they conflict with these Terms, the Supplemental Terms control for that Product.

Products marked “beta,” “preview” or “in development” are experimental. They may change, contain errors, lose data or be discontinued without notice.

4. Accounts

Some Products require an account. You agree to give accurate information, keep your login credentials confidential, and tell us promptly at [legal@wisewinkllc.com] if you suspect unauthorized access. You are responsible for activity under your account.

5. Your content and data

“Your Content” is information you enter, upload or connect to the Platform, such as trade records, notes, journals and files. You keep ownership of Your Content.

You give WiseWink LLC a limited license to host, store, process, back up and display Your Content only as needed to operate, secure and improve the Platform for you. We do not sell Your Content. Our Privacy Policy explains how we handle personal information.

You confirm you have the right to provide Your Content, and that it does not violate any law or anyone else’s rights. You are responsible for the accuracy of Your Content and for keeping your own copies of anything important.

6. Acceptable use

You agree not to:

• break any law or regulation, or help anyone else do so
• use the Platform to provide investment advice, signals or financial services to others
• access another user’s account or data, or try to bypass security or usage limits
• probe, scan, overload or disrupt the Platform, or introduce malware
• scrape, copy or harvest the Platform or its data by automated means, except as we expressly allow
• reverse engineer the Platform, except where the law allows it despite this restriction
• resell, sublicense or commercially exploit the Platform without our written permission
• upload content that is unlawful, infringing, deceptive, harassing or harmful

7. Fees

The Platform is currently offered free of charge. We will tell you before introducing any fees.

8. Third-party services and data

The Platform may display data from, link to, or connect with third-party services, such as market data providers, brokerages or email providers. We do not control them and are not responsible for their content, accuracy, availability or practices. Your use of them is governed by their own terms. Market data may be delayed, incomplete or inaccurate.

9. Intellectual property

The Platform, including its software, design, text, graphics, the WiseWink LLC name, the WW monogram, the Ledgerline name and other marks, belongs to WiseWink LLC or its licensors and is protected by law. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Platform under these Terms. We reserve all rights not expressly granted.

If you send us feedback or suggestions, we may use them without obligation to you.

10. Changes to the Platform

We may add, change, suspend or discontinue any part of the Platform at any time. Where practical, we will give reasonable notice before discontinuing a Product you actively use, so you can export Your Content.

11. Suspension and termination

You may stop using the Platform and close your account at any time. We may suspend or end your access if you break these Terms, create risk or legal exposure for us or others, or if required by law. On termination, your right to use the Platform ends. Sections 2, 5 (your responsibilities), 9 and 12 to 16 survive.

12. Disclaimer of warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WISEWINK LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY CALCULATION, REPORT OR DATA IS ACCURATE OR COMPLETE.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WISEWINK LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY TRADING OR INVESTMENT LOSSES, LOST PROFITS, LOST DATA OR LOST OPPORTUNITIES, ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THEIR POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) US $100.

Some jurisdictions do not allow these limits, so some may not apply to you.

14. Indemnification

You agree to defend and indemnify WiseWink LLC against claims, losses and expenses (including reasonable legal fees) arising from your misuse of the Platform, Your Content, or your violation of these Terms or of law.

15. Governing law and disputes

These Terms are governed by the laws of the State of [State], without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in [County, State], and both parties consent to their jurisdiction.

Before filing a claim, you agree to contact us at [legal@wisewinkllc.com] and try to resolve the issue informally for at least 30 days.

16. General

These Terms, any Supplemental Terms and our Privacy Policy are the entire agreement between you and WiseWink LLC about the Platform. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent; we may transfer them in connection with a merger, acquisition or sale of assets.

17. Changes to these Terms

We may update these Terms. We will post the new version with a new effective date and, for material changes, give reasonable notice, such as by email or an in-product notice. Continuing to use the Platform after changes take effect means you accept them.

18. Contact