Terms of Service

Last updated January 20, 2025

Acceptance of Terms

By accessing portfoliorebalancer.com, our mobile applications, and our other online services and websites (collectively, the “Platform”), you agree to be bound by the following Terms of Service, as well as our Privacy Policy linked here, which may be updated by us from time to time without notice. Please review them carefully.

The section below titled “Dispute Resolution; Agreement to Arbitrate” contain important provisions that affect your legal rights. Please read them carefully.

Use of the Platform

The Platform is intended solely for individuals who are 18 years of age or older. Any access to or use of the Platform by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By accessing or using the Platform, you represent and warrant that you are 18 or older.

The Platform is only intended for use by persons located in the United States. We make no representation that the Platform is appropriate or available for use outside the United States. Accessing the Platform from locations outside the United States may be illegal or impermissible under local law.

You must not act, and must not enable or allow any third party to act, as a service bureau or pass-through agent for the Platform.

Platform is for Informational Use Only

The Platform performs mathematical calculations based on data you provide and is therefore provided for informational purposes only, and is not intended to provide legal, tax, or financial planning advice. You agree that you are responsible for your own investment research and decisions, and that you will not rely on the Platform for your investment decisions.

Due to market volatility, the data you provided to the Platform may be significantly different than current market conditions. You agree that you are solely responsible for any investment actions you choose to take based on calculations the Platform performs using the data you provided to it.

The Platform has no knowledge of or capability to consider tax implications in its calculations. You agree that you are solely responsible for understanding the tax implications of any investment actions you choose to take. We recommend that you seek independent financial and tax advice before making any investment decisions.

Except as otherwise provided herein, we will not be liable for any action or inaction you take based on information you receive via the Platform.

Access to the Platform

Your access to and use of the Platform shall be governed by these Terms of Service. We reserve the right, in our sole discretion, to deny you access to the Platform, or any portion of it, without notice or reason. You agree not to access the platform with more than one user account by use of multiple email addresses or other means. If we determine, in our sole discretion, that you created multiple user accounts your access will be terminated and any subscription fees already paid will not be refunded to you.

The Platform may contain links to content created by third parties that are not affiliated with us. We are not responsible for such content and do not endorse or approve it. Such content may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from those applicable to the Platform. We assume no responsibility or liability for the accuracy, reliability, or opinions contained in such content. If you decide to access such content, you do so at your own risk.

Conditions of Use

You agree to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You further agree not to interfere with the functioning of the Platform in any way.

Authorization to use the platform is only granted for personal or internal business purposes, and is non-transferable. Authorization expires at the end of the applicable subscription term unless renewed.

Support

We will provide you with support to resolve general issues relating to your account and your use of the Platform through resources and documentation that we make available on the website. Support is also available by contacting us at Support.

Services Fees

The fees are stated on the Portfolio Rebalancer pricing page, unless you and Gigamorph LLC otherwise agree in writing. Subject to the requirements of law, we may revise the fees at any time. We may, from time to time, offer a service or service feature without charge, or waive a fee for that service or service feature. If we increase a fee, or introduce a new fee, for a service that you are currently using, we will notify you at least 30 days before the revised or new fee applies to you, and fee changes will take affect no sooner than the end of the current term of your subscription.

Subscription fees will be charged on an ongoing basis either monthly or annually, depending on the subscription plan you have selected. You may stop your subscription from renewing by using the billing portal.

Data Retention

We are not obligated to retain your data after your subscription expires, except as required by law, but may choose to do so. To ensure your data is not retained, you can request your account to be deleted as outlined in the Privacy Policy.

Access and Interference

You agree not to engage in any of the following:

  • Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, programs, algorithms, or methodologies to access, acquire, copy, or monitor the Platform or any portion of the Platform, other than via software that sends queries to the Platform to index or rank a website for search and location purposes, without our express written consent, which may be withheld at our sole discretion.
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Platform, other than the search engines and search agents available through the Platform and other than generally available third-party web browsers ( such as Microsoft Edge or Chrome).
  • Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Platform.
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Platform.

Secured Areas

Access to and use of password-protected and/or secure areas of the Platform are restricted to authorized users only. Unauthorized persons attempting to access these areas of the Platform may be subject to legal action.

Reservation of Rights

The Platform is protected by copyright and other intellectual property laws and international treaties. We reserve all rights not expressly granted in this Agreement, and no rights are granted or implied by waiver or estoppel.

Feedback

Feedback by Customer is optional and voluntary. Feedback may be used by Gigamorph LLC for any purpose without obligation of any kind as long as the Customer’s confidential information remains confidential.

Limited Liability

NEITHER GIGAMORPH LLC NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICES, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE USE OF THE PLATFORM OR A LINKED WEBSITE (INCLUDING BUT NOT LIMITED TO THE DELAY OR INABILITY TO USE THE PLATFORM OR A LINKED WEBSITE). THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARE FORESEEABLE OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED TEH AMOUNT YOU PAID TO US FOR SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE OF YOR CLAIM.

No Warranties

All products, services, and content on the Platform are provided “as is” and “as available” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. We specifically disclaim any duty to update the the Platform, and it is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on or produced by the Platform. We do not guarantee that the Platform will operate error-free or that the Platform, its servers, or the content are free of computer viruses or similar contamination or destructive features. If you choose to use the Platform, or rely on the information presented on it, you do so solely at your own risk.

Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Indemnification and Hold Harmless

You agree to indemnify, defend, and hold Gigamorph LLC harmless from any liability, loss, claim, and expense, including attorney’s fees, related to your violation of these Terms and Conditions or use of the Platform. Nothing in these Terms of Use shall affect any non-waivable statutory rights that apply to you. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such a case, you agree to cooperate with any reasonable requests assisting our defense of such a matter.

Choice of Law

All Platform activity or use and these Terms and Conditions are governed by the laws of the United States of America and the applicable laws of the State of California, without regard to conflict of law principles.

Dispute Resolution; Agreement to Arbitrate

You and Gigamorph LLC (for purposes of this section, “the parties”) agree that any claim or controversy that may arise between you and Gigamorph LLC relating in any way to your use of the publicly available portions of the Platform will be determined by binding arbitration conducted under the auspices of JAMS pursuant to its Arbitration Rules and Procedures. This arbitration agreement includes any controversy involving the performance, construction, or breach of these Terms and Conditions.

You and Gigamorph LLC agree that the arbitration shall apply the substantive law of California to all state law claims, that limited discovery shall be conducted in accordance with JAMS’s Arbitration Rules and Procedures, and that the arbitrator may not award punitive or exemplary damages, unless (but only to the extent that) such damages are required by statute to be an available remedy for any of the specific claims asserted. In accordance with JAMS’s Arbitration Rules and Procedures, the arbitrator’s award shall consist of a written statement as to the disposition of each claim and the relief, if any, awarded on each claim. The award shall not include or be accompanied by any findings of fact, conclusions of law, or other written explanations of the reasons for the award. You understand that the right to appeal or to seek modification of any ruling or award by the arbitrator is severely limited under state and federal law. You acknowledge that you are waiving your right to a jury trial. Judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction, and the parties hereto and their respective representatives hereby submit to the jurisdiction of any such court for the purpose of such arbitration and the entering of such judgment.

Federal and state statutes of limitation, repose, and/or other rules, laws, or regulations impose time limits for bringing claims in federal and state court actions and proceedings. The parties agree that all federal or state statutes of limitation, repose, and/or other rules, laws, or regulations imposing time limits that would apply in federal or state court, apply to any Controversy, and such time limits are hereby incorporated by reference. Therefore, to the extent that a Controversy would be barred by a statute of limitation, repose, or other time limit, if brought in a federal or state court action or proceeding, the parties agree that such Controversy shall be barred in an arbitration proceeding.

Any award of the arbitrator or a majority of the arbitrators will be final and binding, and judgment on such award may be entered in any court having jurisdiction. This arbitration provision will be enforced and interpreted exclusively in accordance with applicable federal laws of the United States, including the Federal Arbitration Act. Any costs, attorneys’ fees, or taxes involved in confirming or enforcing the award will be fully assessed against and paid by the party resisting confirmation or enforcement of said award.

You agree to the following additional provisions regardless of your place of residence at the time a Controversy arises:

  • You agree that any arbitration hearing will be held in San Diego, California;
  • You agree to the personal jurisdiction of the courts located in the State of California, United States, to interpret and enforce the arbitration provisions described in this section; and
  • All arbitrations will be conducted in the English language.

The parties agree that any and all claims must be arbitrated on an individual basis. By entering into these Terms and Conditions and agreeing to arbitration, you agree that you are waiving the right to file a lawsuit and the right to a trial by jury. You further agree that you waive any right to litigate on a class action, representative, or consolidated basis, or to join or consolidate your claims with claims of any other person or entity, including as a representative member or as part of a class.

If this specific provision is found to be unenforceable in whole or in part, then the entirety of this arbitration provision shall be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the section immediately below shall govern any action arising out of or related to these Terms and Conditions.

Exclusive Venue for Other Controversies

Gigamorph LLC and you agree that any controversy excluded from the dispute resolution procedure and arbitration provision in the previous section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of California, County of San Diego, or the United States District Court for the Southern District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. Notwithstanding the foregoing, Gigamorph LLC retains the right to bring any action in any court of competent jurisdiction to enforce these Terms and Conditions or to enjoin any infringement of the intellectual property rights of Gigamorph LLC or any of its affiliates or subsidiaries.

Platform and Terms Subject to Change

We reserve the right to change these Terms of Service by posting a revised agreement. If you don’t agree with these changes, you must stop using the Platform. Your continued use of the platform constitutes your acceptance of the revised Terms of Service. The information on the Platform is subject to change without notice. We have the right to make changes to the Platform if such changes do not materially lessen the Platform’s functionality, or are required to prevent us from violating a law or breach any legal obligation to a governmental authority. We may provide additional terms that apply to Customer’s use of updates, new features, or related software.

Miscellaneous

These Terms and Conditions, together with the Privacy Policy linked above, constitute the entire agreement between you and Gigamorph LLC regarding your use of the Platform, superseding any prior agreements between you and Gigamorph LLC related to your use of this Platform (including, but not limited to, any prior versions of these Terms and Conditions). The failure of Gigamorph LLC to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

These Terms and Conditions are binding on your successors, assigns, heirs, and executors.