Effective date: January 1st 2025
Welcome to Benchmark3x (“Benchmark3x,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website, dashboards, tools, content, and subscription services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms.
If you do not agree, please do not use the Service.
Benchmark3x is a software application and research tool that provides market commentary, model outputs, and educational information related to certain exchange-traded funds (ETFs) and market conditions.
Benchmark3x is not a registered investment advisor, broker-dealer, or financial analyst. Nothing on the Service is investment, legal, tax, or financial advice, and nothing is a recommendation to buy, sell, or hold any security. You are solely responsible for your investment decisions. Use of the Service does not create a fiduciary relationship between you and Benchmark3x.
You must be at least 18 years old (or the age of majority where you live) to use the Service. By using the Service, you represent that you meet this requirement.
To use subscriber features, you may need to create an account. You agree to:
You are responsible for all activity under your account.
If you purchase a subscription, you authorize us (and our payment processor) to charge your payment method on a recurring basis according to the plan you select.
All sales are final. No refunds are provided for any reason, including (but not limited to) partial months, unused access, performance outcomes, accidental purchases, or service changes.
If you cancel, your subscription remains active until the end of the current billing period, and you will not be charged again after that.
We may change prices or plan features from time to time. If required, we’ll provide notice in advance (for example via email or within the Service). Continued use after the change becomes effective means you accept the updated pricing.
We work hard to keep the Service available, but we do not guarantee uninterrupted access. The Service may be modified, updated, paused, or discontinued at any time (in whole or in part), including to improve features, address issues, or comply with law.
Market data and signals may be delayed, estimated, incomplete, or based on third-party sources. Signal timing (e.g., “next market open”) and “last updated” timestamps are informational and may not reflect real-time conditions.
Investing involves risk, including loss of principal. Leveraged ETFs involve additional risks and may be volatile. Any references to historical, backtested, hypothetical, or simulated performance have limitations and do not guarantee future results. Actual trading results may differ materially due to factors like slippage, liquidity, execution timing, fees, taxes, and changing market regimes.
You agree not to:
We may suspend or terminate access if we believe you violated these Terms.
The Service and all content (including text, graphics, dashboards, models, calculations, designs, and logos) are owned by Benchmark3x or its licensors and are protected by intellectual property laws.
We grant you a limited, personal, non-exclusive, non-transferable license to access and use the Service for your own personal use, subject to these Terms.
We may use third-party tools and services (e.g., hosting, analytics, payments, authentication). Your use of those services may be governed by their own terms and privacy practices. We are not responsible for third-party services outside our control.
If you provide suggestions or feedback, you grant us permission to use it without restriction or compensation.
You may stop using the Service at any time and may cancel your subscription through your account settings (or the method provided in the Service).
We may suspend or terminate your account if:
Sections that should logically survive termination (e.g., IP, disclaimers, limitation of liability) will remain in effect.
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties—express or implied—including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be accurate, reliable, error-free, or uninterrupted.
To the fullest extent permitted by law, Benchmark3x and its owners, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of the Service.
To the fullest extent permitted by law, our total liability for any claim related to the Service will not exceed the amount you paid to us for the Service in the three (3) months immediately before the event giving rise to the claim.
You agree to indemnify and hold harmless Benchmark3x and its affiliates, owners, and employees from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service or your violation of these Terms.
If a dispute arises, we encourage you to contact us first so we can try to resolve it informally. Any legal claim related to the Service or these Terms will be brought in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to provide notice (for example, by posting an updated effective date or notifying you through the Service). Your continued use of the Service after changes become effective means you accept the updated Terms.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
These Terms constitute the entire agreement between you and Benchmark3x regarding the Service and supersede any prior agreements or understandings.
Questions about these Terms? Contact us at: support@benchmark3x.com