Terms of Service

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract. If you create an account on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.

2. Description of the Service

Botfolio is a software-as-a-service platform that lets you design, backtest, deploy, and monitor algorithmic trading strategies ("bots"). Bots execute against your own brokerage account at Alpaca Securities LLC or its affiliates ("Alpaca"). Botfolio supports both Alpaca paper accounts (simulated funds) and Alpaca live accounts (real funds). Botfolio is a software tool. We are not your broker, we do not hold your funds, we do not execute trades on our own account on your behalf, and all clearing and execution occur within your Alpaca account under your relationship with Alpaca.

3. Not Financial, Investment, Legal, or Tax Advice

4. Risk Disclosure — Algorithmic Trading

Trading securities, options, and other instruments involves a substantial risk of loss and is not suitable for every investor. Algorithmic trading carries additional risks specific to its automated nature, including but not limited to:

• A bot can place repeated losing trades faster than a human could intervene.
• Strategy parameters, watchlists, risk caps, and schedules are under your sole control and can produce unintended behavior.
• Backtests rely on historical market data and modeling assumptions that may not match live market conditions. Slippage, latency, fees, halts, gaps, dividends, and corporate actions can materially change real outcomes.
• Market data, brokerage APIs, internet connectivity, our servers, and third-party providers can become unavailable, delayed, or incorrect, which may cause missed trades, duplicate trades, or unintended exposure.
• Pattern Day Trader rules, buying power, margin, and short-availability rules apply at the account level and may interact unpredictably with multiple bots that share a single Alpaca account.

By using the Service you acknowledge these risks and accept them.

5. Your Account

You must provide accurate information when registering and keep it current. You are responsible for the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

6. Alpaca Connection

To run bots, you must connect at least one Alpaca account by providing Alpaca API credentials or by completing the Alpaca OAuth flow. By connecting, you authorize Botfolio to read your account information and to place orders that bots you have deployed are configured to place. You remain solely responsible for monitoring your Alpaca account, for complying with Alpaca's terms, and for any orders placed. Botfolio is not affiliated with Alpaca and is not responsible for Alpaca's acts, omissions, fees, outages, account suspensions, or determinations.

7. Subscriptions, Billing, and Refunds

• Current subscription tiers, prices, and included features are displayed on the pricing page and may change. Material changes to the price of an existing subscriber's plan will be announced at least 30 days in advance.
• Paid subscriptions renew automatically until cancelled. You may cancel at any time from your account settings or by emailing support; cancellation takes effect at the end of the then-current billing period.
• Free trials, if offered, convert to a paid subscription at the end of the trial period unless you cancel before the trial ends.
• Except where required by law, all fees are non-refundable, including for partial billing periods, unused features, and account suspensions resulting from your violation of these Terms.
• Payments are processed by Stripe. You authorize us to charge your selected payment method on each renewal date.

8. Acceptable Use

You agree not to:

• use the Service for any unlawful purpose or in violation of any applicable law or regulation, including securities laws;
• engage in market manipulation, spoofing, layering, wash trading, insider trading, or any fraudulent or deceptive trading activity;
• attempt to reverse engineer, decompile, disassemble, scrape, or disrupt the Service or its underlying systems;
• create accounts by automated means, use false identities, or share, sell, or sublicense your account;
• use the Service to provide brokerage, investment advisory, or money-management services to third parties without our written permission;
• upload content that infringes intellectual property, contains malware, or is intended to harm other users.

9. Taxes

You are solely responsible for reporting and paying any taxes that arise from your trading activity. Botfolio does not provide tax advice and does not issue trade-related tax forms; those are issued by your brokerage. Subscription fees are exclusive of any applicable sales, use, or value-added taxes, which we may collect where required.

10. Intellectual Property

The Service, including its software, design, branding, content, and underlying technology, is owned by Botfolio and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal or internal business use, subject to these Terms. Your bot configurations, strategy descriptions, and trade data remain yours; you grant us a worldwide, royalty-free license to host, process, display, and transmit them as necessary to operate the Service and as described in the Privacy Policy.

11. Service Availability and Changes

We strive for high availability but do not guarantee uninterrupted, error-free, or timely operation. We may add, modify, or discontinue features at any time. We are not liable for missed trades, duplicate trades, or losses arising from downtime, maintenance, or any failure of third-party services on which the Service depends (including Alpaca, Stripe, Supabase, Cloudflare, Polygon, or any LLM provider).

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT ANY TRADING RESULT, PROFITABILITY, OR PERFORMANCE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTFOLIO AND ITS OPERATORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST TRADING GAINS, TRADING LOSSES, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE THREE MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

14. Indemnification

You will indemnify, defend, and hold harmless Botfolio and its operators from and against any claim, loss, damage, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to (i) your use of the Service, (ii) your bot configurations and any orders placed in your Alpaca account, (iii) your violation of these Terms, or (iv) your violation of any law or third-party right.

15. Termination

You may delete your account at any time from your account settings. We may suspend or terminate your account at any time, with or without notice, for any violation of these Terms or for any conduct we reasonably believe is harmful to other users, to Botfolio, or to a third party. Upon termination, your right to use the Service ends and we may delete your data as described in the Privacy Policy.

16. Dispute Resolution; Arbitration; Class Waiver

Please read this section carefully — it affects your legal rights.Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Lake County, Illinois, or by video conference at the arbitrator's discretion. Judgment on the award may be entered in any court of competent jurisdiction. You and Botfolio each waive any right to a jury trial.

Class-action waiver: all claims must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Notwithstanding the foregoing, either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property rights.

17. Governing Law

These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws principles. Subject to Section 16, the state and federal courts located in Lake County, Illinois will have exclusive jurisdiction over any dispute not subject to arbitration.

18. Changes to These Terms

We may update these Terms from time to time. Material changes will be announced by email or by an in-app notice at least 14 days before they take effect. Continued use of the Service after the effective date of an updated version constitutes acceptance of the updated Terms.

19. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Botfolio regarding the Service. If any provision is held unenforceable, the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

20. Contact

General support: [email protected]
Legal notices: [email protected]
Security: [email protected]
Mailing address: Alejandro Verdin, dba Botfolio, 1500 Lincoln Street, North Chicago, IL 60064, USA