Terms of Service

1. Acceptance of Terms

By accessing, registering for, or using the Benchfolio platform ("Service", "we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of the services.

2. Description of Service

Benchfolio is an institutional-grade portfolio analytics, performance-tracking, and risk-management platform designed for retail investors. The Service allows users to view, analyze, and track historical portfolio data through mathematical aggregation, modeling, and automated data processing.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or temporary platform outages.

4. Global Investment Performance Standards (GIPS) Disclaimer

Benchfolio is not a GIPS-compliant firm and does not claim compliance with the Global Investment Performance Standards (GIPS®). The performance tracking data, mathematical return algorithms (such as Modified Dietz or Daily TWR), and risk models presented on the Service have not been independently verified, audited, or prepared in compliance with GIPS reporting standards. Any analytics derived from your brokerage data are for internal, localized tracking purposes and should not be externally marketed as GIPS-verified composites.

5. Accuracy of Data

Benchfolio aggregates financial data from third-party brokerage endpoints (primarily utilizing the secure SnapTrade API) and market data providers. While we strive to maintain high fidelity in our analytical models, we do not guarantee the completeness, accuracy, timeliness, or reliability of any data presented. Metrics such as execution price, daily P&L, rolling volatility, and Greeks may experience latency or discrepancies due to upstream provider changes or calculation approximations.

6. User Accounts and Security

To access certain features of the Service, you may be required to create an account. You are strictly responsible for maintaining the confidentiality of your account credentials, API keys, and authentication tokens. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use.

7. Intellectual Property

The Service, including all proprietary mathematical engines, dashboard layouts, UI/UX designs, trademarks, logos, and software code, is the exclusive property of Benchfolio. You are granted a limited, personal, non-exclusive, non-transferable license to use the platform for your own personal portfolio tracking. Reverse engineering, scraping, or redistributing our analytical tools or interfaces without explicit written consent is strictly prohibited.

8. Warranty Disclaimer ("As Is")

Platform Provided Without Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BENCHFOLIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranty that (i) the Service will meet your specific trading or analytical requirements, (ii) the calculations will be uninterrupted, timely, secure, or mathematically error-free, or (iii) the results that may be obtained from the use of the Service will be perfectly accurate or perfectly synchronized with your actual brokerage endpoints.

9. Indemnification

You agree to defend, indemnify, and hold harmless Benchfolio, its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms. This permanently shields us from being sued by third parties regarding your specific usage of our analytics.

10. Dispute Resolution & Arbitration

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled exclusively by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. You agree to waive any right to participate in a class-action lawsuit or class-wide arbitration against Benchfolio.

11. Limitation of Liability

In no event shall Benchfolio, its directors, employees, partners, agents, or suppliers, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any inaccuracies in financial data streams; or (iv) unauthorized access, use or alteration of your transmissions or content.