Terms of Use

1. Eligibility

You may use the Service only if you:

• are at least 18 years old;
• have the legal capacity to enter into a binding agreement;
• are not prohibited from using the Service under applicable law; and
• will use the Service only for lawful purposes and in accordance with these Terms.

If you access or use the Service on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

2. Nature of the Service; Important Disclosures

2.1 Informational and Educational Service Only

ArcAlpha provides an informational and educational analytics platform for self-directed users. The Service publishes impersonal analytical information, algorithmic observations, market commentary, charting, analytics, educational content, and related tools designed to help users evaluate publicly available market information.

These disclosures describe the intended scope of the Service as actually offered. If a feature is not enabled or not available to users, these disclosures should not be read to imply that such feature is live.

2.2 No Investment Advice; No Personalized Recommendations

ArcAlpha does not provide investment advice, legal advice, tax advice, brokerage services, portfolio management, or financial planning. ArcAlpha is not your investment adviser, broker-dealer, commodity trading advisor, commodity pool operator, or fiduciary.

The Service is intended to qualify as impersonal investment-related information within the meaning of applicable securities laws and is not intended to provide individualized investment advice or recommendations. It is not tailored to your financial situation, investment objectives, risk tolerance, time horizon, holdings, account size, tax status, or suitability needs. ArcAlpha does not take into account your specific circumstances and does not recommend that you buy, sell, hold, enter, exit, or roll any security, option, or strategy.

Any alerts, scores, labels, classifications, chart-reference levels, commentary, analytics, or other outputs are provided for general informational and educational purposes only and do not constitute a personalized recommendation or solicitation to enter into any transaction.

2.3 No Execution; No Custody; No Discretion

ArcAlpha does not:

• execute or place trades for you;
• submit, transmit, route, or pre-populate orders;
• hold customer funds or securities;
• accept discretionary trading authority;
• act as your agent or advisor in any securities transaction; or
• make investment decisions on your behalf.

You alone are responsible for deciding whether, when, and how to act on any information made available through the Service.

2.4 No Suitability or Best-Interest Determination

ArcAlpha does not evaluate whether any security, strategy, or market view is suitable or appropriate for you, nor does ArcAlpha determine whether any action would be in your best interest.

2.5 Market Risk; No Guarantee

Investing and trading involve substantial risk, including the risk of loss of principal. Past performance does not guarantee future results. No content or output made available through the Service is a guarantee, promise, evaluation, or assurance of future performance, profitability, or avoidance of loss.

2.6 No Ongoing Monitoring Obligation

ArcAlpha does not monitor user accounts, portfolios, or positions and has no obligation to update, modify, or notify you regarding any output based on changes in your personal circumstances or market conditions.

3. Accounts

To access certain features, you may need to create an account. You agree to provide accurate, current, and complete personal and other information and to keep it updated.

You are responsible for safeguarding your credentials and for all activity under your account. You must promptly notify us at support@arcalpha.io of any unauthorized use or suspected security incident.

Account creation requires (i) selection of a paid subscription plan offered by ArcAlpha at the time of sign-up (currently “Alpha” or “Architect”), and (ii) provision of a valid payment method that ArcAlpha or its payment processor is authorized to charge in accordance with Section 4. ArcAlpha does not offer a permanent free tier. New accounts begin with the seven-day free trial described in Section 4.1.

We may suspend or terminate your account if we reasonably believe your account is compromised or is being used in violation of these Terms.

4. Subscriptions, Billing, and Renewals

Certain parts of the Service require a paid subscription. Pricing, plan features, billing intervals, and included functionality are described at the time of purchase and may be updated prospectively.

4.1 Mandatory Free Trial. ArcAlpha offers a seven (7) calendar-day free trial to each eligible new subscriber. The trial begins on the calendar day on which you complete sign-up (the “Trial Start Date”) and ends at 11:59 p.m. U.S. Pacific Time on the seventh (7th) calendar day thereafter (the “Trial End Date”). To start a trial, you must select a paid subscription plan (Alpha or Architect) and provide a valid payment method at the time of sign-up. During the trial, you will have access to the features of the plan you selected, subject to any usage limits applicable to that plan and to these Terms.

4.2 Plan Selection. At sign-up, you must select one of ArcAlpha’s then-current paid subscription plans (currently Alpha or Architect). The features, usage limits, and recurring price of each plan are described on the pricing page and at the point of checkout. You may change plans before, during, or after the trial through the self-service controls in your account settings; plan changes take effect prospectively and do not extend or restart the trial period.

4.3 Auto-Conversion; Recurring Billing. Unless you cancel before the Trial End Date in accordance with Section 4.4, your trial will automatically convert to a paid subscription at the recurring price of the plan you selected, and you authorize ArcAlpha or its payment processor to charge the applicable initial and recurring fees, taxes, and other amounts to your designated payment method on and after the Trial End Date until you cancel. Recurring charges will continue at the billing interval associated with your plan (e.g., monthly or annual) and at the then-current price disclosed at the time of purchase or any subsequent price change for which we have provided notice as required by applicable law.

4.4 Cancellation.

(a) Cancellation During the Trial. You may cancel your subscription at any time before the Trial End Date through your account settings. If you cancel before the Trial End Date, you will not be charged, and your access to the paid features of the plan you selected will end at the Trial End Date (or, if earlier, the date on which you cancel).

(b) Cancellation After Auto-Conversion. After your trial has converted to a paid subscription, you may cancel at any time through your account settings. Unless required by law, cancellation takes effect at the end of the then-current billing period, and fees already paid are non-refundable. ArcAlpha does not issue pro-rated refunds for mid-cycle cancellations, unused access, or partial billing periods.

(c) Refunds Required by Applicable Law. Any refund that ArcAlpha is required to issue under applicable consumer-protection law will be processed through ArcAlpha’s payment processor. If you believe you are entitled to such a refund, you must submit a written request to billing@arcalpha.io that (i) identifies the specific statute, regulation, or other legal authority you are relying on; (ii) explains why you believe that authority applies to your circumstances; and (iii) attaches any documentation reasonably necessary for ArcAlpha to evaluate the request. ArcAlpha will respond within a reasonable time and will issue any legally required refund through its payment processor; absent a legally required refund, fees already paid remain non-refundable. Nothing in this Section 4.4(c) limits any chargeback or dispute right you may have under your card network’s rules or under applicable law.

4.5 Taxes. You are responsible for applicable taxes, duties, or government charges associated with your subscription, except taxes imposed on ArcAlpha’s net income.

4.6 One Trial Per Person; Anti-Abuse. The free trial described in Section 4.1 is limited to one (1) trial per person, per household, and per unique payment method. ArcAlpha may, in its sole discretion, decline to offer a trial, shorten a trial, or terminate a trial without notice if ArcAlpha reasonably determines that you (a) have previously received a trial of any ArcAlpha plan; (b) are attempting to register multiple accounts to obtain additional trials; (c) are using payment-method, identity, device, or network signals consistent with trial abuse; or (d) are otherwise circumventing this Section. Termination of a trial under this Section 4.6 does not give rise to any refund or credit.

4.7 Transition of Existing Free (Explorer) Users. Users whose accounts existed before the Effective Date of these Terms and who were on ArcAlpha’s prior free (“Explorer”) tier will receive written notice by email at least seven (7) calendar days before access to the Explorer tier is discontinued. To retain access to ArcAlpha after the notice period, those users must (i) select a paid plan, (ii) provide a valid payment method, and (iii) affirmatively accept these updated Terms. Users who do not complete those steps before the end of the notice period will lose access to the Service. Such users remain free to register again at any time as new subscribers, in which case they will be offered the same seven-day free trial available to any other new subscriber on the same terms set forth in Sections 4.1 through 4.6.

You agree not to:

• use the Service for any unlawful, fraudulent, deceptive, or misleading purpose;
• use the Service in violation of securities, privacy, consumer-protection, sanctions, or other applicable laws;
• misrepresent ArcAlpha as providing personalized investment advice, brokerage, or execution services;
• copy, scrape, harvest, or systematically extract data or content from the Service except as expressly permitted in writing;
• reverse engineer, decompile, disassemble, or attempt to derive source code, scoring logic, prompts, or non-public functionality, except to the extent prohibited by law;
• interfere with or disrupt the Service or its security;
• use bots or automated means to overload or abuse the Service;
• use the Service to build, train, improve, benchmark, or power a competing product or model without our written consent;
• remove or alter proprietary notices or disclaimers; or
• encourage anyone to rely on the Service as individualized investment advice;
• redistribute, resell, sublicense, or otherwise make available to any third party any market data, financial data, prices, analytics, or other data received through the Service, whether in raw, derived, or aggregated form;
• use any data obtained through the Service to create, operate, or enhance any product or service that competes with or substitutes for the Service or any third-party data provider’s offerings;
• store, download, cache, or retain any market data or financial data obtained through the Service beyond the period of your active subscription, or in excess of what is reasonably necessary for personal, non-commercial use during your subscription; and
• comply with all third-party data provider terms, restrictions, and pass-through obligations applicable to data made available through the Service;
• export data from the Service in bulk form; provided, however, that limited export of data pertaining to one or a few ticker symbols (such as a one-off export to a spreadsheet) is permitted solely for your personal research purposes, and any data so exported may not be used for any other purpose, redistributed, published, or shared with any third party;
• operate the Service, or make the Service or any data obtained through the Service available, on a “service bureau,” “as-a-service,” or shared-access basis, or otherwise make the Service available to any party other than you and persons authorized in writing by ArcAlpha;
• distort, materially alter, omit, mis-label, or otherwise compromise the integrity of any market data, financial data, or analytics obtained through the Service before any further use or display, or present such data in a manner that is misleading as to its source or accuracy;
• publish, enhance, display, or distribute any compilation, directory, database, listing, or dataset derived from or based on data, content, or analytics obtained through the Service;
• access, download, or export data or content from the Service from, into, or in any jurisdiction subject to comprehensive U.S. trade sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), or make the Service or any data accessible to any person or entity included on any U.S. Government list of restricted or denied parties (including the Specially Designated Nationals and Blocked Persons List, the Denied Persons List, or the Entity List);
• use, register, or display the names, logos, trademarks, service marks, or trade dress of ArcAlpha or of any third-party data provider whose data is made available through the Service, except as expressly permitted in writing by ArcAlpha or the applicable provider;
• attempt to access, probe, scan, or interfere with the Service or any related systems, servers, networks, accounts, or infrastructure without authorization, including through credential stuffing, password spraying, or any other unauthorized authentication method; or
• circumvent, exceed, or attempt to circumvent or exceed any rate limit, query cap, usage cap, watchlist cap, account cap, or other contractual or technical usage restriction applicable to your subscription tier, or share, sublicense, or pool access to the Service among multiple individuals or accounts.

We may investigate and take any lawful action we deem appropriate in response to violations, including suspension or termination.

6. Third-Party Data and Content

The Service may display or incorporate data, prices, charts, analytics, ratings, research, or other content provided by third parties. Third-party data may be delayed, incomplete, inaccurate, unavailable, or subject to correction or revision without notice. ArcAlpha does not guarantee the accuracy, completeness, timeliness, or availability of third-party data or content.

6.1 Data Licensing and Ownership. Market data, financial data, and related content displayed through the Service is licensed from third-party data providers and remains the exclusive intellectual property of those providers. Nothing in these Terms transfers any ownership interest in third-party data to you. Your access to such data is limited to viewing and personal, non-commercial use within the Service during your active subscription.

6.2 Data Timeliness. Market data displayed through the Service may be real-time, delayed, or end-of-day depending on the data source, data type, and your subscription tier. ArcAlpha does not guarantee that any data is delivered in real time. Delayed data may lag actual market conditions by 15 minutes or more. You should not rely solely on data displayed through the Service for time-sensitive trading decisions.

6.3 Data Use Restrictions. You may not redistribute, resell, sublicense, publish, broadcast, or otherwise make available to any third party any data received through the Service. This restriction applies to all market data, financial data, analytics, and derived content, whether displayed in raw form or incorporated into charts, alerts, scores, or other outputs. Violation of this restriction may result in immediate termination of your account and may expose you to legal liability under ArcAlpha’s agreements with its data providers.

6.4 Incorporation of Third-Party Data Provider Terms. Your access to and use of data made available through the Service is also subject to the end-user-facing terms, restrictions, and usage policies that ArcAlpha’s third-party data providers require ArcAlpha to pass through to its users, including, where applicable, the standard terms of use maintained by those providers. ArcAlpha may incorporate such terms into these Terms by reference upon notice to you (which may be given by email, in-product notice, or update to these Terms), and your continued use of the Service following such notice constitutes your agreement to comply with the incorporated terms. To the extent any such incorporated provider terms are inconsistent with these Terms, the more protective restriction with respect to use of provider data will control.

7. Alerts, Scores, Analytics, and Chart Reference Levels

The Service may display alerts, classifications, ratings, scores, market-state labels, and similar outputs generated by algorithms or rules-based systems using publicly available or licensed data. These outputs are informational observations only. They are not personalized recommendations and do not account for your individual circumstances.

Where the Service displays chart-reference levels, pivot levels, or similar technical context, those items are provided solely as educational chart context. They are not entry or exit instructions, trading signals, target prices, stop-loss instructions, or holding-period recommendations.

ArcAlpha may change or discontinue any model, score, label, methodology, data input, or visualization at any time, with or without notice.

8. Educational and Editorial Content

The Service may include articles, blog posts, newsletters, videos, audio briefings, transcripts, tutorials, screeners, classifications, and market commentary. That content is provided for general educational and informational purposes only. It is not individualized advice or recommendation and should not be treated as such.

You are solely responsible for independently verifying information presented by the Service before making any investment or trading decision. You should consult your own licensed advisers regarding legal, tax, accounting, or investment matters.

9. Performance, Outcomes, and Historical Analysis

The Service does not include a subscriber-facing track record or performance display, but may present limited illustrative historical pattern outcomes, prior alert observations, analytics, or similar results. Unless expressly identified as actual live results of ArcAlpha itself, such information may be hypothetical, backtested, simulated, model-derived, or based on historical pattern analysis.

Hypothetical or backtested information has inherent limitations. It does not reflect actual trading, liquidity, market impact, slippage, commissions, taxes, order-routing differences, or the effect of behavioral decision-making. Different assumptions may produce materially different results.

You must not interpret any historical outcome, prior alert display, or performance-related content as a promise, projection, assurance, or guarantee of future results.

10. [Reserved.]

11. Communications

You agree that we may send you account-related, transactional, operational, technical, security, legal, and service notices electronically, including by email, in-product messages, or posting to the Service.

If you opt in, we may also send you newsletters, educational content, updates, and marketing communications. You may unsubscribe from marketing emails as described in those messages, but you will still receive non-marketing operational communications where permitted by law.

11.1 SMS / Text Message Program. If you provide your mobile telephone number and affirmatively opt in to receive text messages from ArcAlpha, you expressly consent to receive recurring autodialed text messages (including, where applicable, marketing or promotional messages) at the mobile number you provided, sent by or on behalf of ArcAlpha. You acknowledge that your consent is not a condition of purchasing any goods or services. Message frequency varies. Message and data rates may apply. Reply STOP to any message to opt out at any time; reply HELP for help. ArcAlpha may also send transactional, account, security, and service-related text messages, which are not subject to your marketing opt-in and which you may not be able to opt out of without ceasing to use the Service. You represent that the mobile number you provide is yours and that you will promptly notify ArcAlpha if it changes or is reassigned. Carriers are not liable for delayed or undelivered messages. By opting in, you also consent to receive such messages by means of an automatic telephone dialing system as that term is used in the Telephone Consumer Protection Act, 47 U.S.C. § 227, and implementing regulations.

11.2 E-SIGN Consent. You consent to receive these Terms, the Privacy Policy, any other agreements with ArcAlpha, and any related disclosures, notices, and records (collectively, “Records”) in electronic form under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and any analogous state law. You may withdraw this consent by writing to legal@arcalpha.io, but doing so may terminate your access to the Service. To access and retain Records, you will need a current Internet browser, sufficient electronic storage, and an active email account. You agree to keep your contact information current and to notify ArcAlpha promptly if your email address changes.

11.3 Push Notifications and Third-Party Messaging. If you opt in to receive push notifications through your browser or mobile device, or if you connect a third-party messaging service (currently Telegram) to your ArcAlpha account, ArcAlpha may send you the daily conviction snapshot, real-time setup alerts, and other educational and operational notifications you have enabled. Subscription to push notifications and third-party messaging is optional, off by default for real-time setup alerts, and requires your affirmative opt-in. You may enable, disable, or modify these notifications at any time through your account’s notification settings, and may revoke any third-party messaging connection through your account settings or the applicable third-party platform; ArcAlpha will not condition access to the Service on your maintaining any push or third-party messaging connection. All notifications sent through these channels are identical for all subscribers who have enabled the corresponding notification type for the corresponding plan tier; they are impersonal, are not tailored to your financial situation, holdings, or circumstances, and do not constitute personalized investment advice or a recommendation to buy, sell, or hold any security. ArcAlpha does not control, and is not responsible for, the delivery, timing, content rendering, availability, or security of notifications sent through any third-party messaging platform (including Telegram), and your use of any such platform is governed by that platform’s own terms of service and privacy policy. Notifications may be delayed, undelivered, or unavailable due to network conditions, device settings, operating-system policies, third-party platform conditions, or other factors outside ArcAlpha’s reasonable control; you should not rely solely on the receipt or non-receipt of any notification for time-sensitive trading decisions.

12. Intellectual Property

The Service, including all software, code, interfaces, content, text, graphics, charts, audio, video, branding, scores, labels, methodologies, compilations, and other materials, is owned by ArcAlpha or its licensors and is protected by intellectual-property and other laws.

Subject to your compliance with these Terms, ArcAlpha grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal personal or internal business use, as applicable, during the term of your subscription.

Except for that limited license, no rights are granted to you.

13. Feedback

If you provide suggestions, feedback, ideas, bug reports, or other input regarding the Service, you grant ArcAlpha a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable right to use, reproduce, modify, distribute, perform, display, and otherwise exploit that feedback for any lawful purpose without restriction or compensation.

14. Suspension and Termination

We may suspend, restrict, or terminate your access to all or part of the Service at any time, with or without notice, if:

• you violate these Terms;
• we believe your use creates legal, regulatory, security, or reputational risk;
• we are required to do so by law, court order, or request of a regulator;
• a third-party provider suspends or terminates services relevant to your use; or
• we discontinue the Service or a feature.

You may stop using the Service at any time.

14.1 Effect of Termination on Data. Upon termination or expiration of your subscription for any reason, your license to access and use all data obtained through the Service immediately ceases. You must promptly delete and destroy all copies of market data, financial data, and related content obtained through the Service from all systems, devices, and records in your possession or control. ArcAlpha reserves the right to request written confirmation of such deletion. The provisions of Sections 5, 6, 12, 13, 16, 17, 18, 19, and 21, together with any other provisions that by their nature should survive, will survive termination.

15. Privacy

Your use of the Service is also governed by our Privacy Policy, available at www.arcalpha.io/privacypolicy, which is incorporated into these Terms by reference.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, ARCALPHA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, QUIET ENJOYMENT, AND THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY, OR SECURE.

ARCALPHA DOES NOT WARRANT THAT ANY ALERT, SCORE, LABEL, ANALYTIC, CLASSIFICATION, MARKET COMMENTARY, CHART REFERENCE LEVEL, OR OTHER OUTPUT IS CORRECT, COMPLETE, PREDICTIVE, OR APPROPRIATE FOR ANY USER OR PURPOSE.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

ARCALPHA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OR TRADING LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF ARCALPHA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• THE TOTAL AMOUNT YOU PAID TO ARCALPHA FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
• ONE HUNDRED U.S. DOLLARS (US $100).

WITHOUT LIMITING THE FOREGOING, ARCALPHA WILL NOT BE LIABLE FOR ANY LOSSES ARISING FROM:

• YOUR INVESTMENT OR TRADING DECISIONS;
• ANY THIRD-PARTY DATA OR CONTENT;
• ANY ACT OR OMISSION OF A BROKER, CUSTODIAN, CONNECTIVITY PROVIDER, OR OTHER THIRD PARTY;
• ANY OUTAGE, DELAY, OR ERROR IN DATA FEEDS OR CONNECTIVITY;
• ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT CAUSED BY YOUR FAILURE TO SAFEGUARD CREDENTIALS; OR
• ANY REGULATORY OR TAX CONSEQUENCES OF YOUR USE OF THE SERVICE.

18. Indemnification

You agree to defend, indemnify, and hold harmless ArcAlpha and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any claims, demands, actions, proceedings, damages, judgments, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your use of the Service;
• your violation of these Terms;
• your violation of any law or the rights of any person or entity;
• your misuse of any alert, score, content, or third-party connectivity feature; or
• any content, data, or materials you submit through the Service.

19. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Illinois, without regard to conflict-of-laws rules, except to the extent preempted by federal law or prohibited by applicable consumer-protection law.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not subject to arbitration under Section 20 will be brought exclusively in the state or federal courts located in Illinois, and each party irrevocably submits to the personal jurisdiction and venue of those courts, except where applicable law prohibits exclusive venue.

20. Dispute Resolution; Mandatory Arbitration; Class Action Waiver; Jury Trial Waiver

20.1 Informal Dispute Resolution. Before initiating any arbitration or formal proceeding, you agree to first contact ArcAlpha at legal@arcalpha.io with a written notice describing the nature and basis of the claim, the specific relief sought, and your contact information (an “Informal Notice”). You and ArcAlpha will then attempt in good faith to resolve the dispute informally for at least sixty (60) days. Compliance with this Section is a condition precedent to commencing arbitration; any applicable statute of limitations and any filing-fee deadlines will be tolled during this informal-resolution period.

20.2 Binding Arbitration. Except as provided in Sections 20.4 and 20.5, you and ArcAlpha agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including questions concerning the existence, scope, validity, or enforceability of this arbitration agreement (collectively, “Disputes”), will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (as modified by these Terms), and judgment on the award may be entered in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

20.3 Arbitration Procedure. The arbitration will be conducted by a single arbitrator. Unless you and ArcAlpha otherwise agree, the seat of arbitration is Chicago, Illinois; the arbitrator may, however, conduct hearings remotely or in your county of residence if you so elect. The arbitrator will apply the substantive law of Illinois (without regard to conflict-of-laws principles). The arbitrator may award any individual remedy that a court could award under applicable law, but may not award relief affecting any person other than the named parties. ArcAlpha will pay all AAA filing, administrative, and arbitrator fees in excess of the amount you would have paid to file the same claim in court, unless the arbitrator determines that your claim was frivolous or asserted for an improper purpose under Federal Rule of Civil Procedure 11(b).

20.4 Small-Claims Carve-Out. Either party may bring an individual claim in a small-claims court of competent jurisdiction in lieu of arbitration, so long as the action remains in that court and is pursued only on an individual (non-class, non-representative) basis.

20.5 Equitable and Intellectual-Property Relief. Either party may seek temporary or preliminary injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property, trade secrets, or confidential information pending the resolution of arbitration.

20.6 Class Action and Representative Action Waiver. YOU AND ARCALPHA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If a court decides that this Section 20.6 is unenforceable as to any particular claim or request for relief, that claim or request will be severed from the arbitration and brought in the courts identified in Section 19, while all other claims will remain in arbitration.

20.7 Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ARCALPHA EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE THAT, FOR ANY REASON, IS RESOLVED IN COURT RATHER THAN IN ARBITRATION.

20.8 30-Day Right to Opt Out. You may opt out of this Section 20 (other than Section 20.7) by sending a written opt-out notice to legal@arcalpha.io within thirty (30) days after you first agree to these Terms or after any material amendment to this Section 20. The notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other portion of these Terms.

20.9 Severability; Survival. If any portion of this Section 20 (other than Section 20.6) is found to be unenforceable, the remaining portions will remain in full force and effect. If Section 20.6 is found to be unenforceable in its entirety, this entire Section 20 will be null and void, and the parties’ disputes will be resolved exclusively in the courts identified in Section 19. This Section 20 will survive termination of these Terms.

21. Changes to the Service and Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms from time to time. If we make material changes, we will provide notice as required by applicable law. By continuing to use the Service after updated Terms become effective, you agree to the revised Terms.

22. General

These Terms, together with the Privacy Policy and any other expressly incorporated policies or disclosures, form the entire agreement between you and ArcAlpha regarding the Service.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

ArcAlpha’s failure to enforce any provision is not a waiver of that provision or any other provision.

You may not assign or transfer these Terms without ArcAlpha’s prior written consent. ArcAlpha may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.

No agency, partnership, joint venture, employment, fiduciary, or advisory relationship is created by these Terms or your use of the Service.

23. Contact