Terms of Service
Your agreement with us
Last updated · Sep 5, 2026
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§ 01
Acceptance of terms
By accessing, registering for, or using the Benchfolio platform, operated by Benchfolio LLC, a New York limited liability company (“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.
§ 02
Description of service
Benchfolio is a portfolio analytics and performance-tracking platform for retail investors. The Service includes, without limitation: read-only brokerage aggregation, manually entered portfolios, daily portfolio reconstruction, returns and risk analytics (including Sharpe, Sortino, Calmar, drawdown, volatility, beta, alpha, VaR and CVaR), benchmark comparison against published market indices, dividend and interest tracking, holdings and allocation analysis, and shareable portfolio links.
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.
New account creation may require an invite code. Every new account begins with a 14-day Pro trial that does not require a payment method; unless you subscribe, the account converts to the Free plan when the trial ends. The Free plan is limited to one manually entered portfolio of up to 15 holdings. Pro is billed monthly or annually through our payment processor, includes connected brokerage accounts and up to five manual portfolios, and can be cancelled at any time from your account settings. Prices, plan limits, and promotional pricing may change; we will give notice before a change affects an existing subscription.
§ 03
No investment advice (critical disclaimer)
Benchfolio is analytical software. We are NOT a registered investment adviser, broker-dealer, bank, or financial planner, and we are not registered with the SEC, FINRA, or any state securities regulator in any capacity.
None of the metrics, charts, or analytics the Service produces is financial advice, investment advice, or a recommendation to buy or sell any security. Everything Benchfolio shows you is for informational purposes only. You should verify the numbers against your broker’s own statements and consult a licensed professional before making any financial decision.
Under no circumstances shall Benchfolio LLC, its founders, or contributors be held liable for any financial losses or damages incurred as a result of using our analytical software. Past performance is not indicative of future results.
§ 04
GIPS disclaimer
Benchfolio is not a GIPS-compliant firm and does not claim compliance with the Global Investment Performance Standards (GIPS®). The performance data, return calculations (such as Modified Dietz and daily time-weighted return), and risk models presented on the Service have not been independently verified or audited, and are not prepared in accordance with GIPS reporting standards. If you publish a Benchfolio share link, you may not present what it shows as a GIPS-verified composite or as audited performance.
§ 05
Accuracy of data & historical reconstruction
Benchfolio aggregates data from third-party brokerages through the SnapTrade API and from market data providers including Yahoo Finance, Polygon.io, and Databento. We do not guarantee the completeness, accuracy, timeliness, or reliability of any data presented. Prices, daily profit and loss, and derived statistics such as rolling volatility can lag or disagree with your broker because of upstream provider delays, corporate actions we have not yet processed, or approximations in our own calculations.
Historical reconstruction. For periods before you connected your account, we build daily portfolio snapshots by replaying the transaction history your broker reports and pricing each day’s positions. How far back this reaches depends entirely on how much history your broker returns. These reconstructed values are computed estimates, not official brokerage records, and may differ from the statements your broker issues. Reconstructed data should never be used for tax reporting, regulatory filings, or any purpose where an authoritative broker statement is required. Benchfolio marks which part of your history is reconstructed and lets you exclude it from your dashboard and from any link you share.
§ 06
User accounts & 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.
§ 08
Acceptable use
You agree not to use the Service to: (i) circumvent rate limits, authentication, or access controls; (ii) automate account creation, share-link creation, or data scraping beyond what the Service’s user interface permits; (iii) reverse engineer, decompile, or attempt to extract the source code of our analytical engines; (iv) resell, sublicense, or redistribute Benchfolio analytics or Shared Content without our written permission; (v) upload, publish, or share content that is unlawful, fraudulent, defamatory, infringing, or that impersonates another person or entity; (vi) use the Service in connection with any security, trading, or financial product that requires regulatory licensure we do not hold; or (vii) interfere with the operation or security of the Service for any other user.
We reserve the right to suspend or terminate accounts and revoke share links that we reasonably believe violate this section, with or without notice.
§ 09
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 LLC. 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.
§ 10
Copyright complaints (DMCA)
We respect the intellectual property of others. If you believe that content published via a Benchfolio Shared Content link infringes your copyright, please send a notice to team@benchfolio.com that includes: (a) a physical or electronic signature of the copyright owner or an authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) the specific URL of the allegedly infringing Shared Content; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner. We will respond to properly-submitted notices in accordance with 17 U.S.C. § 512(c).
§ 11
Warranty disclaimer (“as is”)
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BENCHFOLIO LLC 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.
§ 12
Indemnification
You agree to defend, indemnify, and hold harmless Benchfolio LLC, its affiliates, licensors, and service providers, and their respective 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, (b) a breach of these Terms, or (c) any Shared Content you publish through the Service.
§ 13
Governing law & dispute resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
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, with the seat of arbitration in Albany, New York. You agree to waive any right to participate in a class-action lawsuit or class-wide arbitration against Benchfolio LLC.
30-day opt-out. You may opt out of this arbitration and class-action waiver by sending written notice to team@benchfolio.com within thirty (30) days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms or your continued use of the Service.
§ 14
Limitation of liability
In no event shall Benchfolio LLC, 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.
§ 15
General provisions
Entire agreement. These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Benchfolio LLC concerning the Service and supersede all prior or contemporaneous communications, whether written or oral.
Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
No waiver. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Benchfolio LLC.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
Electronic communications. By using the Service, you consent to receive communications from us electronically, including by email and in-app notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
§ 16
Contact
Questions or notices regarding these Terms, including legal inquiries, copyright complaints, and service-of-process requests, may be directed to team@benchfolio.com.