PivotTracker Terms of Service
Effective Date: September 17, 2026
Last Updated: September 25, 2026
These Terms of Service ("Terms") are a binding agreement between you ("you" or "Customer") and Finspicuous LLC ("Finspicuous," "we," "us," or "our"), governing your access to and use of PivotTracker, including its website, dashboards, scoring tools, watchlists, alerts, and any related software (collectively, the "Service").
By creating an account, checking the acknowledgment box at signup, or paying for a subscription, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service Is Informational Only — No Investment, Financial, Legal, or Tax Advice
PivotTracker is a data analytics and information tool. It scores, ranks, and displays market data, technical indicators, and historical signal statistics for securities and other instruments you choose to track. Nothing in the Service constitutes investment, financial, legal, or tax advice, and nothing in the Service is a recommendation, solicitation, or offer to buy, sell, or hold any security or other financial instrument.
Specifically:
- Finspicuous LLC is not a registered investment adviser, broker-dealer, or commodity trading advisor under the Investment Advisers Act of 1940, the Securities Exchange Act of 1934, the Commodity Exchange Act, or any state equivalent, and does not act as one in providing the Service.
- No output of the Service — including scores, tiers, "qualified" or "firing" designations, win rates, edge calculations, target/stop levels, or any other metric — is personalized advice suited to your financial situation, objectives, or risk tolerance.
- No fiduciary relationship is created between you and Finspicuous LLC by your use of the Service.
- You should consult a licensed, qualified financial advisor before making any investment decision. Trading and investing carry substantial risk, including the risk of losing your entire investment, and you are solely responsible for evaluating that risk and for any decision you make.
2. No Guarantee of Accuracy, Availability, or Results
- Market data displayed in the Service may be delayed, sourced from third parties, or subject to errors, outages, or interruptions outside our control. We do not warrant the accuracy, completeness, or timeliness of any data, score, or calculation in the Service.
- Past performance is not indicative of future results. Any historical win rate, edge, backtest, or statistic shown in the Service describes historical data only and does not predict, guarantee, or imply future performance of any signal, strategy, or security.
- The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee uninterrupted or error-free operation.
3. Assumption of Risk
You acknowledge that trading and investing in securities, options, and other financial instruments involves substantial risk of loss, including the possible loss of your entire investment. You assume full responsibility for any trading or investment decision you make, whether or not informed by information from the Service, and you agree that Finspicuous LLC has no responsibility for the outcome of those decisions.
4. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. By using the Service, you represent that you meet these requirements and that your use complies with the laws of the jurisdiction where you reside.
5. Accounts
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at charlene@finspicuous.com of any unauthorized use.
6. Subscriptions, Billing, and Auto-Renewal
- Access to some or all of the Service requires a paid subscription at the rate displayed at checkout.
- Your subscription automatically renews at the end of each billing period (monthly or annual, as selected) at the then-current rate, using your payment method on file, until you cancel.
- You may cancel at any time through your account settings or by contacting charlene@finspicuous.com. Cancellation takes effect at the end of your current billing period; you retain access through that period's end.
- Fees are non-refundable, including for partial billing periods, except where required by law.
- We will provide advance notice before any price increase takes effect on your next renewal, and separate notice of your right to cancel before an automatic renewal, consistent with applicable state auto-renewal disclosure laws.
7. Acceptable Use
You agree not to: (a) reverse-engineer, scrape, or resell the Service or its data feeds; (b) share your account or subscription access with others outside a plan that explicitly permits it; (c) use the Service to violate any applicable securities law, including market manipulation or insider trading; or (d) interfere with the Service's operation or security.
8. Intellectual Property
The Service, including its software, scoring methodology, design, and all content we provide (excluding third-party market data and your own account data), is owned by Finspicuous LLC and protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your own personal or internal business use during your subscription. No other rights are granted.
9. Your Data and Watchlists
You retain ownership of any watchlists, portfolios, trade journal entries, or configuration data you input into the Service (your "Content"). You grant us a license to store, process, and display your Content solely to provide the Service to you.
You further grant us a license to de-identify and aggregate your Content and its outcomes (for example, trade results recorded in the Trading Journal) with data from other subscribers, and to use that de-identified, aggregated data to evaluate, refine, and improve our scoring models, card thresholds, and analytics, and to provide better insights and functionality to subscribers generally. We do not sell your Content, trade on it, or share it in a form that identifies you or your account. See our Privacy Policy for how we handle personal data.
10. Third-Party Data and Links
The Service may incorporate data from third-party providers (market data vendors, exchanges, etc.) and may link to third-party sites. We do not control and are not responsible for the accuracy, availability, or content of third-party data or sites.
11. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- FINSPICUOUS LLC AND ITS OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR TRADING OR INVESTMENT LOSSES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID FINSPICUOUS LLC IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.
- THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify and hold harmless Finspicuous LLC from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party right, including any trading or investment decision you make.
14. Termination
We may suspend or terminate your access to the Service at any time for violation of these Terms, non-payment, or suspected fraudulent or illegal activity. You may terminate your account at any time as described in Section 6. Sections that by their nature should survive termination (including Sections 1–3, 11–13, 16) will survive.
15. Changes to the Service or These Terms
We may modify the Service or these Terms at any time. For material changes to these Terms, we will provide notice (such as email or an in-app notice) and, where required by law, obtain renewed acknowledgment before your next billing cycle. Continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.
16. Governing Law and Dispute Resolution
Governing Law. These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles.
Binding Arbitration. Except for claims that qualify for small-claims court or claims for injunctive relief to protect intellectual property or confidential information, any dispute arising from or relating to these Terms or the Service will be resolved through binding, individual arbitration rather than in court, administered under the rules of the American Arbitration Association (or an equivalent arbitration body), with the arbitration seated in Oregon.
Class Action Waiver. You and Finspicuous LLC agree that any dispute resolution proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action.
Arbitration Opt-Out. You may opt out of this arbitration agreement by sending written notice to charlene@finspicuous.com within 30 days of first accepting these Terms.
17. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including market data outages, third-party service failures, or acts of God.
18. General
Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
Entire Agreement. These Terms, together with any Privacy Policy and order confirmation, constitute the entire agreement between you and Finspicuous LLC regarding the Service.
No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
Contact. Questions about these Terms: charlene@finspicuous.com.