Terms of Service

By accessing or using The Daily Profiler trading journal and related services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and The Daily Profiler, LLC ("Company," "we," "our," or "us"), a limited liability company organized under the laws of the State of South Carolina, United States.

Important: These Terms contain arbitration and class action waiver provisions that affect your legal rights. Please read Section 11 carefully.

The Service provides the following features:

• Trading Journal: Record and track individual trades, entries, exits, and outcomes
• Daily & Weekly Journals: Document trading psychology, market analysis, and P12 methodology
• Analytics & Reporting: Performance dashboards, statistics, charts, and trend analysis
• Backtest Management: Record and analyze historical trading scenarios
• Business Plan Tools: Create and manage trading business plans based on industry best practices
• Educational Content: Blog posts, articles, and trading resources
• Mentorship Matching (Opt-In): Connect with mentors or battle buddies for accountability
• Newsletter (Opt-In): Receive trading education and blog updates via email

Service Availability: We strive to provide 24/7 availability but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance when possible.

3.1 Eligibility Requirements

• You must be at least 18 years old to use the Service
• You must have legal capacity to enter into a binding contract
• You must not be barred from using the Service under applicable law
• You must provide accurate, complete, and current registration information

3.2 Account Security

• You are responsible for maintaining the confidentiality of your password
• Choose a strong, unique password (not used on other sites)
• Do not share your account credentials with others
• Notify us immediately if you suspect unauthorized access: [email protected]
• You are responsible for all activity that occurs under your account

3.3 Account Ownership

One person may not maintain multiple accounts. If you create multiple accounts, we may suspend or terminate all accounts associated with you.

3.4 Account Termination by User

You may delete your account at any time via Settings > Account > Delete Account. Upon deletion:

• Your personal data will be permanently deleted within 30 days
• Anonymized data may be retained for statistical purposes
• Audit logs may be retained for 7 years (legal compliance)
• Deletion is permanent and cannot be undone

You agree NOT to:

4.1 Illegal or Fraudulent Activity

• Use the Service for any illegal purpose or in violation of any laws
• Violate securities laws, regulations, or CFTC rules
• Engage in fraud, money laundering, or market manipulation
• Impersonate others or provide false, misleading, or deceptive information

4.2 Security & Technical Violations

• Attempt to hack, breach security, or gain unauthorized access to the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Scrape, data mine, or harvest user data using bots or automated tools
• Upload viruses, malware, trojans, or malicious code
• Bypass access controls, paywalls, or authentication mechanisms
• Overload or interfere with servers or networks (DDoS attacks)

4.3 Abuse & Harassment

• Harass, threaten, stalk, or abuse other users
• Upload offensive, defamatory, obscene, or hateful content
• Spam users with unsolicited messages or advertisements
• Engage in cyberbullying or hate speech

4.4 Commercial Misuse

• Resell, redistribute, or sublicense the Service without permission
• Use the Service for commercial purposes beyond personal trading journal use
• Frame, mirror, or replicate any portion of the Service
• Remove copyright notices, trademarks, or proprietary markings

Enforcement: Violation of these rules may result in account suspension, termination, or legal action. We reserve the right to report illegal activity to law enforcement.

5.1 Your Content Ownership

You retain ownership of all content you upload to the Service, including:

• Trade logs and journal entries
• Backtest records and analysis
• Business plans and goals
• Screenshots, charts, and images
• Comments, notes, and annotations

5.2 License You Grant Us

By uploading content, you grant The Daily Profiler a non-exclusive, worldwide, royalty-free license to:

• Store, display, and process your content to provide the Service
• Create backups and redundant copies for data protection
• Generate analytics and statistics (anonymized and aggregated)

We will NOT: Use your content for advertising, sell it to third parties, or share it publicly without your consent.

5.3 Content Restrictions

User content must NOT contain:

• Copyright-infringing material (charts from paid services, proprietary indicators)
• Illegal content or content promoting illegal activity
• Offensive, defamatory, obscene, or sexually explicit material
• Viruses, malware, or malicious code
• Private information of other individuals (doxxing)

5.4 Content Removal

We reserve the right to remove content that violates these Terms, is reported by users, or is deemed inappropriate at our sole discretion. We will notify you if content is removed (unless prohibited by law).

6.1 Our Intellectual Property

The Service, including its design, code, features, trademarks, logos, and content (excluding user content), is the property of The Daily Profiler, LLC and is protected by:

• United States copyright law
• Trademark law (registered and unregistered marks)
• Trade secret law
• International intellectual property treaties

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial trading journal purposes.

This license does NOT permit:

• Resale, redistribution, or sublicensing of the Service
• Commercial use beyond personal trading journaling
• Modification or creation of derivative works
• Reverse engineering or decompilation

6.3 Trademarks

"The Daily Profiler," "Pack Trade Group," and associated logos are trademarks or registered trademarks of The Daily Profiler, LLC. You may not use our trademarks without prior written consent.

6.4 DMCA Copyright Infringement

If you believe your copyright has been infringed, contact our DMCA agent:

Email: [email protected]
Include: (1) Description of copyrighted work, (2) URL of infringing content, (3) Your contact information, (4) Statement of good faith belief, (5) Statement under penalty of perjury that notice is accurate.

7.1 NOT Investment Advice

The Service provides tools for journaling and tracking trades. NOTHING in the Service constitutes investment advice, financial advice, tax advice, legal advice, or trading recommendations.

• We are NOT registered investment advisors (RIA)
• We are NOT broker-dealers or financial planners
• We do NOT provide personalized investment recommendations
• Educational content is for informational purposes only

7.2 Trading Risks

TRADING INVOLVES SUBSTANTIAL RISK OF LOSS. You acknowledge:

• Futures, options, and derivatives trading is highly speculative and risky
• You may lose all or more than your initial investment (margin calls, liquidation)
• Past performance is NOT indicative of future results
• Only trade with risk capital you can afford to lose
• Leverage amplifies both gains and losses

7.3 CFTC Rule 4.41 Compliance

Hypothetical or Simulated Performance Results Have Inherent Limitations:

• Simulated results do NOT represent actual trading
• Results may over-compensate or under-compensate for market factors
• Backtests are designed with benefit of hindsight
• No representation is made that any account will achieve similar profits or losses
• Market conditions change; historical patterns may not repeat

7.4 Your Sole Responsibility

YOU are solely responsible for:

• All trading decisions and their outcomes
• Evaluating the suitability of any trading strategy
• Consulting with licensed financial professionals before trading
• Understanding the risks of futures, options, and derivatives
• Compliance with all applicable laws and regulations

Consult Professionals: Before trading, consult with a registered investment advisor, tax professional, and legal counsel to understand your specific situation.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

8.1 "AS IS" Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be error-free, uninterrupted, secure, or virus-free
• Warranties regarding the accuracy, reliability, or completeness of data or analytics

8.2 No Liability for Trading Losses

WE ARE NOT LIABLE FOR:

• Trading losses or financial harm resulting from use of the Service
• Inaccurate data, statistics, or analytics
• Service downtime, outages, or technical failures
• Data loss, corruption, or deletion
• Third-party actions (broker failures, exchange outages)

8.3 Cap on Damages

Our total liability for any claims arising from your use of the Service is limited to the greater of:

• The amount you paid to us in the 12 months before the claim, OR
• $100 USD

8.4 No Indirect Damages

We are NOT liable for indirect, consequential, incidental, special, punitive, or exemplary damages, including:

• Lost profits or revenue
• Loss of business opportunity
• Loss of data or goodwill
• Emotional distress or reputational harm

Note: Some jurisdictions do not allow limitation of implied warranties or exclusion of certain damages. If these laws apply to you, some of the above exclusions may not apply.

You agree to indemnify, defend, and hold harmless The Daily Profiler, LLC, its officers, directors, employees, contractors, agents, affiliates, and partners from any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law, regulation, or third-party right
• Your trading activities and financial losses
• Your user-generated content or infringement of intellectual property rights
• Your negligence, willful misconduct, or fraud

10.1 Data Export (GDPR/CCPA Right)

You may request a machine-readable export of your data (trades, journals, backtests, business plans) at any time via Settings > Data Export. We will provide the export within 30 days.

10.2 Right to Be Forgotten (Account Deletion)

You may delete your account at any time via Settings > Account > Delete Account. Upon deletion:

• Personal Data Deleted: Within 30 days (name, email, trading data)
• Anonymized Data Retained: Aggregated statistics (no personal identifiers)
• Audit Logs Retained: For 7 years (legal compliance requirement for CFTC, tax authorities)
• Permanent: Deletion cannot be undone; backups purged within 90 days

11.1 Governing Law

These Terms are governed by the laws of the State of South Carolina, United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11.2 Arbitration Agreement (US Users)

PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except as otherwise provided below.

• Arbitration Location: Fort Mill, South Carolina
• Arbitrator Decision: Final and binding (limited appeal rights)
• Small Claims Exception: Either party may bring claims in small claims court
• Injunctive Relief Exception: Either party may seek injunctive relief in court

11.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. You waive any right to participate in class actions, class arbitrations, or representative proceedings.

11.4 Jurisdiction (Non-US Users)

For users outside the United States or where arbitration is prohibited by law, you agree to the exclusive jurisdiction of state and federal courts located in York County, South Carolina, United States.

11.5 Opt-Out (30 Days)

You may opt out of the arbitration agreement within 30 days of account creation by emailing [email protected] with subject "Arbitration Opt-Out" and your name and username.

We may update these Terms from time to time. Material changes will be notified via:

• Email notification to registered users
• Prominent notice on the Service (banner or modal)
• Update to "Effective Date" at top of this page

Continued use of the Service after changes constitutes acceptance. If you do not agree to updated Terms, you must stop using the Service and delete your account.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and The Daily Profiler, LLC regarding use of the Service.

For questions, concerns, or notices regarding these Terms, contact us:

The Daily Profiler, LLC
Legal Department
Email: [email protected]
Website: www.thedailyprofiler.com
Address: [Physical address for legal notices - to be added]