Terms of Service

1. Parties and Acceptance

1.1 These Terms of Service ("Terms") constitute a legally binding agreement between you ("User") and Tactical Investing ("Provider", "we", "us"), operator of the platform accessible at tacticalinvesting.ch and associated applications (collectively, the "Platform").

1.2 By registering an account or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms in their current version.

1.3 If you do not agree to these Terms, you must not access or use the Platform.

1.4 The Provider reserves the right to update these Terms at any time (see Section 14). Your continued use of the Platform after notification of changes constitutes acceptance of the revised Terms.

2. Description of Services

2.1 Tactical Investing is a technology platform that enables Users to:

• configure and store their own rule-based investment strategies using parameters they define themselves;
• run historical backtests based on self-defined rules and market data;
• use market data (including VIX-based volatility indices) as trigger inputs within their own strategy configurations;
• view the current rule-status of their own strategy configuration ("Live Signals").

Market data — including computed indicators such as the proprietary "Fear Index" — is processed internally from licensed third-party sources and exposed to authenticated Users solely in connection with their own strategy configurations. The Provider does not republish or redistribute raw third-party market data feeds.

2.2 The Platform exclusively executes rules that the User has configured. All strategy parameters — including but not limited to asset selection, weightings, threshold values, and rebalancing intervals — are set by the User at their own discretion.

2.3 Any example configurations ("Templates") are provided for illustrative purposes only and do not constitute investment recommendations.

2.4 The Provider may modify, expand, or restrict the scope of services at any time. Material changes will be communicated to the User with reasonable notice.

3. Eligibility and Account Registration

3.1 To use the Platform, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement in your jurisdiction.

3.2 You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

3.3 You are solely responsible for maintaining the confidentiality of your login credentials. You must notify the Provider immediately if you become aware of any unauthorized use of your account.

3.4 The Provider reserves the right to refuse registration or to suspend or terminate accounts at its sole discretion, including in the event of a violation of these Terms.

4. No Investment Advice — Informational Purposes Only

4.1 General Disclaimer

All information, signals, strategy states, indicators, and backtesting results displayed on the Platform are provided for informational and illustrative purposes only. Nothing on the Platform constitutes a recommendation, solicitation, or offer to buy, sell, or hold any security, financial instrument, or investment product.

4.2 No Registered Investment Adviser Status

The Provider is not registered or licensed as an investment adviser, broker-dealer, financial planner, or financial analyst with any regulatory authority, including but not limited to:

• the U.S. Securities and Exchange Commission (SEC) or any U.S. state securities regulator;
• the Financial Industry Regulatory Authority (FINRA);
• the Swiss Financial Market Supervisory Authority (FINMA);
• the German Federal Financial Supervisory Authority (BaFin);
• the UK Financial Conduct Authority (FCA);
• any other financial market regulator worldwide.

The Platform does not fall under the U.S. Investment Advisers Act of 1940 because it does not provide personalized investment advice for compensation within the meaning of that Act. The Platform executes mechanical rules defined by the User and displays market data and computed indicators.

4.3 User-Defined Rules

Any signal or strategy state shown on the Platform reflects the current condition of rules that the User has personally configured. The Provider does not select assets, set thresholds, or determine allocations on behalf of the User. The Platform's role is analogous to a calculator or a spreadsheet: it computes and displays what the User's own rules produce.

4.4 No Guarantee of Results

Past performance of any strategy, backtest result, or market indicator shown on the Platform is not indicative of future results. Markets can and do behave differently from historical patterns. The Provider makes no representation or warranty that any strategy will achieve positive returns or avoid losses.

4.5 Seek Independent Advice

Before making any investment decision, you should consult a qualified, licensed financial adviser, tax adviser, or legal counsel in your jurisdiction. The Platform is not a substitute for professional financial advice tailored to your individual circumstances.

4.6 Fear Index and Proprietary Indicators — Specific Disclaimer

The Platform includes a proprietary market sentiment indicator referred to as the "Fear Index" (the "Indicator"). The following limitations apply specifically to the Indicator and any signal or strategy state derived from it:

• The Indicator is a computed, model-based output derived from market data (including VIX, VIX futures, and related volatility indices). It is not a direct market price or a regulated financial index.
• The Provider does not warrant that the Indicator is accurate, complete, free of calculation errors, or fit for any particular purpose. The underlying algorithm may contain errors, bugs, or modelling assumptions that prove incorrect.
• The Indicator is based in part on data sourced from third-party providers (including Interactive Brokers, EODHD, and yfinance). Such data may be delayed by up to 15 minutes or more, may contain errors, gaps, or stale values, and is outside the Provider's control. The Provider is not liable for any inaccuracies in third-party data that affect the Indicator's output.
• Historical Indicator values used in backtesting may have been retroactively recalculated (e.g. due to changes in the underlying model or data corrections). Backtest results based on such recalculated values may not reflect what signals would have been generated in real time.
• The Indicator is not a prediction of future market movements. A "calm" reading does not guarantee that markets will not decline. A "high stress" reading does not guarantee that markets will decline. The Indicator may fail to detect, or may produce false signals for, market events including but not limited to flash crashes, geopolitical shocks, or liquidity crises.
• The Provider reserves the right to modify, recalibrate, discontinue, or replace the Indicator or its underlying methodology at any time without notice. Any such change may cause the Indicator to produce materially different outputs from prior periods.

By using any feature of the Platform that incorporates the Fear Index or any derived indicator, you acknowledge these limitations and agree that the Provider shall not be liable for any loss or damage arising from reliance on the Indicator's output.

5. Subscriptions and Payment

5.1 The Platform is offered in tiered subscription plans (including "Explorer", "Analyst", "Investor", and "Investor+EU"). The features included in each plan are described on the Platform.

5.2 Paid subscriptions are processed through Stripe, Inc. By subscribing, you also agree to Stripe's terms of service and privacy policy.

5.3 Subscription fees are charged in advance for the selected billing period (monthly or annually) and renew automatically until cancelled.

5.4 All prices are in USD, exclusive of applicable local taxes or levies for which you are solely responsible.

5.5 The Provider will give at least 30 days' notice of any price changes. You have the right to cancel your subscription before the new price takes effect.

5.6 In the event of failed payment, the Provider reserves the right to restrict access to paid features or downgrade the account to the free tier.

5.7 All subscription fees are non-refundable. Upon cancellation, you retain access to the Platform until the end of the current billing period. No partial refunds are issued for unused time within a billing period. This no-refund policy applies regardless of the reason for cancellation, except where mandatory applicable law provides otherwise (e.g. statutory 14-day withdrawal rights for EU/EEA consumers upon initial purchase, which are waived upon first use of the Platform).

6. Cancellation and Downgrade

6.1 You may cancel your paid subscription at any time through the Stripe Customer Portal. Cancellation takes effect at the end of the current billing period.

6.2 The Provider may terminate the agreement for cause with immediate effect, in particular in the event of a material breach of these Terms.

6.3 Upon downgrade, existing User data is retained. Access to features not included in the new plan will be restricted, but data will not be deleted.

7. Acceptable Use

7.1 You agree to use the Platform only for lawful purposes and in accordance with these Terms.

7.2 The following are expressly prohibited:

• using the Platform to distribute investment recommendations to third parties;
• reverse engineering, decompiling, or otherwise attempting to derive the source code of the Platform;
• using automated access methods (bots, scrapers, crawlers) without written permission;
• using the Platform in a way that impairs or overloads its operation;
• uploading or transmitting content that is unlawful, defamatory, or otherwise harmful;
• circumventing, disabling, or otherwise interfering with security-related features of the Platform;
• using the Platform in violation of any applicable law or regulation, including securities laws in your jurisdiction.

8. Availability, Data Accuracy and Algorithmic Risk

8.1 The Provider aims to operate the Platform with high availability but does not guarantee uninterrupted access. Scheduled and unscheduled maintenance may cause interruptions.

8.2 Market data is sourced from third-party providers (including yfinance, EODHD, and Interactive Brokers). The Provider does not warrant the completeness, accuracy, or timeliness of such data. Market data may be delayed by up to 15 minutes or more, and in some circumstances may be unavailable, stale, or erroneous. The Provider accepts no liability for any consequences arising from inaccurate, delayed, or missing third-party data.

8.3 The Fear Index and other computed indicators on the Platform are model-based outputs that depend on the accuracy of upstream data sources. If upstream data is incorrect, delayed, or unavailable, the Indicator output will be correspondingly affected. The Provider does not guarantee that any fallback or cached value used when live data is unavailable reflects actual market conditions.

8.4 Algorithmic risk: the models and calculations underlying the Platform's indicators and backtesting engine may contain errors, incomplete assumptions, or methodological limitations. No algorithm can guarantee correct outputs in all market conditions. The Provider is not liable for losses arising from algorithmic errors, model failures, or unexpected behaviour of the Platform's calculation engine.

8.5 You are solely responsible for independently verifying any data, signal, or indicator value before making investment decisions. Nothing displayed on the Platform should be used as the sole or primary basis for any financial transaction.

9. Intellectual Property

9.1 All content on the Platform — including software, design, algorithms, text, graphics, and trademarks — is protected by intellectual property law and remains the property of the Provider.

9.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely as permitted by these Terms.

9.3 Data and configurations created by the User remain the User's property. The Provider is granted the right to process such data for the purpose of providing the service.

10. Disclaimer of Warranties and Limitation of Liability

10.1 Disclaimer of Warranties

The Platform 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, accuracy, or non-infringement. The Provider does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.

10.2 No Liability for Investment Losses

The Provider shall not be liable — under any legal theory, including contract, tort (including negligence), strict liability, or otherwise — for any investment losses, trading losses, loss of profits, loss of data, or any other direct, indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with your use of the Platform or any investment decision made in reliance on information displayed on the Platform.

10.3 Aggregate Liability Cap

To the maximum extent permitted by applicable law, the Provider's total aggregate liability to you for any claims arising under or related to these Terms or the Platform shall not exceed the greater of: (a) the total subscription fees paid by you to the Provider in the twelve (12) months immediately preceding the claim, or (b) USD 100.

10.4 Essential Basis of the Bargain

You acknowledge that the limitations of liability in this Section 10 reflect a reasonable allocation of risk and are an essential basis of the bargain between you and the Provider. The Provider would not be able to offer the Platform on the terms described herein without these limitations.

10.5 Exceptions

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory applicable law, including liability for death or personal injury caused by gross negligence or wilful misconduct.

11. Dispute Resolution — Arbitration and Class Action Waiver

11.1 Informal Resolution First

Before initiating any formal dispute resolution, you agree to contact the Provider at support@tacticalinvesting.ch and attempt to resolve the dispute informally for at least 30 days.

11.2 Binding Arbitration (US Users)

For Users located in the United States, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that cannot be resolved informally shall be finally settled by binding arbitration administered by the Swiss Chambers' Arbitration Institution (SCAI) in accordance with its Swiss Rules of International Arbitration. The seat of arbitration shall be Zurich, Switzerland. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

To the maximum extent permitted by applicable law, you and the Provider each waive the right to participate as a plaintiff or class member in any purported class action, collective action, or representative proceeding. Disputes must be brought on an individual basis only.

11.4 Governing Law and Jurisdiction (Non-US Users)

For Users outside the United States, these Terms shall be governed by the substantive laws of Switzerland, excluding its conflict-of-law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction shall be Zurich, Switzerland, subject to any mandatory consumer protection rules applicable in your country of residence.

11.5 EU/EEA Consumers

If you are a consumer resident in the EU or EEA, you may also make use of the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. Mandatory consumer protection rights applicable in your country of residence are not affected by these Terms.

12. Privacy and Data Protection

12.1 The collection, processing, and use of your personal data is governed by our Privacy Policy, available at tacticalinvesting.ch/privacy.

12.2 To provide the service, the Provider uses the following third-party processors, each of which may process personal data:

• Clerk, Inc. (USA) — authentication and user management
• Stripe, Inc. (USA) — payment processing
• Render Services, Inc. (USA) — cloud hosting and database
• Sentry / Functional Software, Inc. (USA) — error logging (EU region; PII-filtered)

12.3 Where data is transferred to countries outside the European Economic Area or Switzerland (in particular to the USA), such transfer is carried out on the basis of appropriate safeguards, including the EU Standard Contractual Clauses or an adequacy decision.

12.4 California Residents: if you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA), including the right to know, delete, and opt out of the sale of personal information. The Provider does not sell personal information. For CCPA requests, please contact us at privacy@tacticalinvesting.ch.

12.5 EU/EEA and Swiss Residents: the General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (nFADP) apply to your personal data. You have the right to access, rectify, erase, restrict processing of, and port your data. To exercise these rights, please contact us via privacy@tacticalinvesting.ch.

12.6 UK Residents: the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 apply to your personal data. You have the same rights as described in Section 12.5 above. UK Users may exercise these rights by contacting us at privacy@tacticalinvesting.ch. The Provider does not currently have a designated UK representative under Article 27 UK GDPR; should this become legally required, we will appoint one and update these Terms accordingly.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Provider and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) any investment decision you make based on information from the Platform; or (d) your violation of any applicable law or the rights of any third party.

14. Changes to These Terms

14.1 The Provider reserves the right to modify these Terms at any time. Changes will be communicated to the User via in-platform notification.

14.2 If you do not object to the revised Terms within 30 days of notification, the revised Terms will be deemed accepted. If you object, the Provider is entitled to terminate the agreement as of the date the revised Terms take effect.

15. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and the Provider with respect to the Platform.

Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

No Waiver: The Provider's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer any rights or obligations under these Terms without the Provider's prior written consent. The Provider may assign these Terms in connection with a merger, acquisition, or sale of assets.

Language: These Terms are provided in English. In case of conflict with any translated version, the English version shall prevail.

Contact and Business Address

For any questions regarding these Terms, please contact us at: