📜 Terms of Service

Last Updated: 2026-02-15

1. Service Description

This platform ("Service") provides automated trading tools, strategy backtesting, and portfolio management software. The Service connects to third-party brokerage accounts via API to execute trades based on user-configured strategies.

1.1 What We Provide

• Trading automation software and tools
• Strategy backtesting and analysis via the "Compendium" — a collection of 30 algorithmic trading characters (see Strategy Disclosure for full details)
• Portfolio monitoring dashboards
• Educational content about trading strategies

1.2 What We Do NOT Provide

• Investment advice or recommendations
• Financial planning services
• Brokerage or custody services
• Guarantees of profit or performance

2. Not Financial Advice

You acknowledge and agree that:

• We are NOT registered as a securities broker-dealer, investment advisor, or in any similar capacity with any regulatory authority
• All trading strategies, signals, and automated actions are tools, NOT recommendations
• Past performance shown in backtests does NOT guarantee future results
• You are solely responsible for your own investment decisions
• You should consult with a qualified financial advisor before making investment decisions

3. BYOK (Bring Your Own Key) Model

This Service operates on a "Bring Your Own Key" model:

• You provide your own brokerage API credentials
• You maintain direct control of your brokerage account
• We never have custody of your funds
• Trades are executed through YOUR brokerage account
• You can revoke access at any time through your brokerage

3.1 API Key Security

• Your API keys are encrypted at rest using AES-256 encryption
• Keys are only decrypted during trade execution
• We recommend using API keys with trading permissions only (no withdrawal)
• You are responsible for safeguarding your credentials

3.2 Paper Trading vs. Live Trading

• Paper Trading Keys: Connect to Alpaca's paper trading environment. No real money is at risk. Performance is simulated against real market conditions.
• Live Trading Keys: Connect to your real brokerage account. Real money is at risk. All trades will be executed with actual funds.

When you provide live trading API keys, you acknowledge:

• You understand the difference between paper and live trading
• You accept full responsibility for trades executed in your account
• You have reviewed strategy performance in paper trading first (recommended)
• You can afford to lose the capital allocated to automated trading

3.3 Simulation Performance Data

The "Compendium" displays simulated trading results based on 2 years of historical market data (February 2024 – February 2026). You acknowledge:

• All performance metrics shown are from backtested simulations, NOT live trading
• Simulations use 2 years of minute-level market data across 114+ symbols
• Simulations start with a hypothetical $10,000 capital balance
• When simulation capital falls below $100, an additional $10,000 is added to continue data collection
• Total invested capital shown accounts for all such "refunds"
• Simulation results do not include slippage, commissions, or market impact
• Past simulated performance does NOT guarantee future results

4. Risk Disclosure

You acknowledge the following risks:

• Market Risk: Securities prices can be volatile and you may lose some or all of your investment
• Automation Risk: Automated trading systems may malfunction, execute unexpected trades, or fail to execute trades
• Technology Risk: Internet connectivity, server outages, or software bugs may affect trade execution
• Strategy Risk: Backtested strategies may not perform as expected in live markets
• Liquidity Risk: Some securities may not be tradeable at desired prices
• Regulatory Risk: Laws and regulations may change and affect your trading

4.1 Pattern Day Trader (PDT) Rule

If your account balance is below $25,000, you are subject to the Pattern Day Trader rule which limits day trades to 3 per 5 business days. Violations may result in account restrictions by your broker.

5. User Responsibilities

By using this Service, you agree to:

• Provide accurate information when creating your account
• Maintain the security of your account credentials
• Use only API keys for accounts you own and are authorized to trade
• Monitor your trading activity and agent performance
• Understand the strategies and risks before activating any agent
• Comply with all applicable laws and regulations
• Not use the Service for any illegal purpose
• Not attempt to reverse engineer, hack, or disrupt the Service

6. Limitation of Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7. Indemnification

You agree to indemnify, defend, and hold harmless the Service and its operators, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your trading activities
• Any breach of your representations and warranties

8. Service Availability

• We strive for high availability but do not guarantee uninterrupted service
• We may modify, suspend, or discontinue the Service at any time
• Scheduled maintenance will be announced when possible
• We are not responsible for third-party service outages (brokerages, data providers)

9. Data Sources & Accuracy

This Service aggregates market data from multiple third-party sources:

9.1 Historical Data (Backtesting & Simulations)

• Source: Licensed market data providers
• Coverage: 2 years of minute-level OHLCV data (February 2024 – February 2026)
• Integrity: ~99.9% data completeness across 114+ symbols
• Accuracy: Best-effort; historical data may contain adjustments or corrections

9.2 Real-Time Stock Data

• Source: Third-party market data APIs
• Typical Delay: 1-15 minutes from real-time (not guaranteed)
• Availability: Subject to third-party terms; may become unavailable without notice
• Accuracy: Not guaranteed; may contain errors or omissions

9.3 Cryptocurrency Data (Real-Time)

• Source: Alpaca Markets (official API)
• Typical Delay: Less than 1 minute from real-time
• Availability: Subject to Alpaca's terms of service

9.4 Data Accuracy Disclaimer

You acknowledge and agree that:

• Market data may be delayed, incomplete, or inaccurate
• We make no warranties regarding data accuracy or timeliness
• You should verify critical data with your brokerage before trading
• Data source availability is outside our control
• We may change data sources at any time without notice

10. Subscription and Payment

10.1 Subscription Tiers

The Service offers the following paid subscription tiers:

• Starter ($5/month): Up to 3 trading agents, $5,000 allocation cap per agent, 1 day trade agent
• Growth ($9/month): Unlimited trading agents, unlimited allocation, 1 day trade agent
• PRO ($20/month): Unlimited trading agents, unlimited allocation, unlimited day trade agents, access to PRO-tier strategies

We may introduce additional tiers or modify pricing with at least 30 days' notice to existing subscribers.

10.2 Payment Processing

• All payments are processed securely through Stripe, Inc. (stripe.com)
• We do not store your credit card number, debit card number, or bank account details on our servers
• Stripe handles all payment card industry (PCI) compliance obligations
• By subscribing, you also agree to Stripe's Terms of Service
• Payments are billed in U.S. Dollars (USD)

10.3 Billing Cycle

• Subscriptions are billed monthly in advance on the same day each month
• Your billing cycle starts on the date of your first subscription payment
• If you upgrade mid-cycle, you will be charged a prorated amount for the remainder of the current billing period
• If you downgrade mid-cycle, the change takes effect at the start of your next billing cycle

10.4 Free Trial & Beta Period

• During the beta period, certain features may be available at no cost
• Free access during beta does not guarantee continued free access after launch
• We will provide at least 14 days' notice before the beta period ends and paid subscriptions begin

10.5 Failed Payments

• If a scheduled payment fails, we will attempt to charge your payment method up to 3 additional times over 7 days
• You will receive email notification of each failed payment attempt
• If all retry attempts fail, your subscription will be marked as past due
• Active trading agents will be set to exit-only mode — they will honor their next exit signal and then pause. No new positions will be opened.
• Your account and data will be preserved. Reactivation requires a successful payment.

10.6 Cancellation

• You may cancel your subscription at any time from your account settings page
• Upon cancellation, your subscription remains active until the end of the current billing period
• After the billing period ends:
  • Active trading agents will honor their next exit signal and then pause
  • No new agents can be created
  • Your account, trading history, and performance data are preserved
  • You can resubscribe at any time to reactivate your agents

10.7 Refund Policy

• General Policy: Subscription fees are non-refundable. Because this is a digital service that provides immediate access to automated trading tools, refunds are not available for partial billing periods.
• Exceptions: Refunds may be issued at our sole discretion in cases of:
  • Technical failures that prevented you from accessing the Service for more than 72 consecutive hours during a billing period
  • Unauthorized charges on your account (report within 30 days)
  • Billing errors (duplicate charges, incorrect amounts)
• How to Request: Email tradecraft@bened.works with your account email, the charge in question, and the reason for your request
• Processing Time: Refund requests are reviewed within 5 business days. Approved refunds are processed through Stripe and may take 5–10 business days to appear on your statement.
• Chargebacks: If you initiate a chargeback with your bank instead of contacting us, your account will be immediately suspended pending resolution. We encourage you to contact us first.

10.8 Price Changes

• We reserve the right to modify subscription pricing
• Existing subscribers will receive at least 30 days' email notice before any price increase takes effect
• Price increases apply at the start of your next billing cycle after the notice period
• If you do not agree to a price change, you may cancel before it takes effect

11. Termination

• You may cancel your account at any time
• We may terminate accounts that violate these Terms, following the graduated enforcement process in Section 13a
• You will be notified by email with specific grounds for any suspension or termination
• Upon termination, your API keys will be deleted from our systems
• You retain the right to export your data for 30 days after termination
• Sections 2, 4, 6, 7, 11, and 12 survive termination

12. Governing Law & Disputes

These Terms are governed by the laws of the State of Arizona, without regard to conflict of law provisions.

12.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall take place in Maricopa County, Arizona, or at your election, may be conducted remotely via telephone or video conference.

12.2 Class Action Waiver

YOU AND BENED LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

12.3 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.

12.4 Cost Allocation

If your claim does not exceed $10,000, BENED LLC will pay all arbitration filing fees, administration fees, and arbitrator fees associated with the arbitration. For claims exceeding $10,000, fees will be allocated in accordance with AAA rules. Each party shall bear its own attorneys' fees unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.

12.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to tradecraft@bened.works within 30 days of first accepting these Terms. Your notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration clause. If you opt out, disputes will be resolved in the state or federal courts located in Maricopa County, Arizona.

12.6 Severability

If any portion of this arbitration section is found unenforceable, the remainder shall continue in full force and effect. If the class action waiver (§12.2) is found unenforceable, the entire arbitration section shall be void and disputes shall be resolved in courts of competent jurisdiction in Maricopa County, Arizona.

13. Changes to Terms

13.1. When we update these Terms, you will be notified by email at least 30 days before changes take effect.

13.2. A summary of what changed will be provided — not just “terms updated.”

13.3. Previous versions will remain available for comparison.

13.4. You will be required to re-accept updated Terms before continuing to use the Service.

13.5. You may reject the new terms and close your account with full data export per Section 13c.

13a. Enforcement Policy

BENED uses graduated enforcement. The consequence matches the violation.

For most violations of these Terms:

• (a) First offense: Written warning via email explaining the specific issue
• (b) Second offense: Temporary account restriction (24-72 hours) with written guidance
• (c) Third offense: Extended suspension (up to 30 days)
• (d) Severe or repeated violations: Account termination with appeal rights per Section 13b

Immediate action (bypassing graduated steps) is reserved for:

• Illegal activity (fraud, market manipulation)
• Security breaches threatening other users
• Active abuse of brokerage API access

Even in cases of termination, you will be notified by email with specific grounds, retain appeal rights, and can export your trading data for 30 days.

13b. Appeal Process

If BENED takes any enforcement action on your account — including restriction, suspension, or termination — you have the right to appeal.

How to appeal:

• Use the in-app support widget, or email tradecraft@bened.works with subject “ACCOUNT APPEAL”
• Include your account email and the specific action you are appealing
• A human member of the BENED team will review your appeal

Timelines:

• Acknowledgment within 24 hours
• Decision within 72 hours
• If the original action was in error, it will be reversed immediately and your account fully restored

You may escalate unresolved disputes to the Arizona Attorney General Consumer Protection division at www.azag.gov/consumer.

13c. Your Data Rights

You own your data. Specifically:

• Right to Access: Request a copy of all data we hold about you
• Right to Export: Download your trading history, agent configurations, performance data, and account information
• Right to Delete: Request deletion of your account and all associated data. Trading records required for regulatory compliance (7-year retention) may be retained as disclosed
• Right to Correct: Request correction of inaccurate personal data
• Right to Opt Out: You may opt out of non-essential communications

All data requests will be fulfilled within 30 days. Deletion means actual deletion, not deactivation.

BENED does not sell your data. BENED does not share your data with advertising networks or data brokers.

13d. Response Time Commitments

BENED commits to the following response timelines:

• Account suspension appeals: Response within 48 hours
• Billing/refund disputes: Response within 5 business days
• General support inquiries: Response within 5 business days
• Privacy/data requests: Response within 30 days

All enforcement decisions are reviewed by a human being. BENED does not use automated-only enforcement decisions for account actions.

14. Contact

For questions about these Terms:

• Support widget available on the TradeCraft dashboard
• Email: tradecraft@bened.works
• Company: BENED LLC, Glendale, AZ