Terms of Service

By accessing or using the riskDNA platform (“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 riskDNA, Inc. (“riskDNA,” “we,” “us,” or “our”).

riskDNA provides risk assessment, behavioral finance profiling, portfolio analysis, compliance documentation tools, and client management capabilities designed for financial advisors and wealth management professionals. The Service is a software tool — it is not a financial advisory service.

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activity that occurs under your account
• You must notify us immediately of any unauthorized use of your account
• You must comply with all applicable laws and regulations in your jurisdiction, including securities regulations
• If you use the Service on behalf of a firm, you represent that you have authority to bind that entity to these Terms

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulation
• Attempt to gain unauthorized access to any part of the Service or its systems
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service to transmit malware, spam, or other harmful content
• Scrape, crawl, or use automated means to access the Service without permission
• Misrepresent your identity, credentials, or affiliation
• Resell, sublicense, or redistribute access to the Service without written authorization

The Service, including its design, features, code, algorithms, documentation, trademarks, and all content created by riskDNA, is the exclusive property of riskDNA, Inc. and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Specifically:

• riskDNA does NOT provide investment advice of any kind
• riskDNA is NOT a fiduciary to you, your firm, or your clients
• Risk scores, analytics, and outputs are tools to assist your professional judgment — not recommendations
• Past performance data displayed on the platform is not indicative of future results
• You are solely responsible for your investment decisions and client recommendations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RISKDNA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

IN NO EVENT SHALL RISKDNA'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO RISKDNA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

You agree to indemnify, defend, and hold harmless riskDNA, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any content or data you submit through the Service.

You retain full ownership of all data you input into the Service, including client information, portfolio data, and any other proprietary content (“Your Data”). We do not claim ownership over Your Data. You grant us a limited license to process Your Data solely to provide and improve the Service. Upon account termination, you may request export of Your Data, and we will make commercially reasonable efforts to provide it in a standard format.

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any downtime, data loss, or service interruptions. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

We may suspend or terminate your access to the Service at any time, with or without cause, upon notice. You may terminate your account at any time by contacting us. Upon termination: (a) your right to use the Service ceases immediately; (b) you may request export of Your Data within 30 days; (c) we may retain certain data as required by law or for legitimate business purposes as described in our Privacy Policy.

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of laws provisions. Any legal action arising out of these Terms shall be brought exclusively in the state or federal courts located in Denver County, Colorado.

Before initiating any legal action, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of thirty (30) days. If negotiation fails, either party may initiate binding arbitration under the rules of the American Arbitration Association (AAA) in Denver, Colorado. Each party shall bear its own costs, and the arbitrator's decision shall be final and binding. Notwithstanding the foregoing, either party may seek injunctive relief in court to prevent irreparable harm.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the “Last updated” date. For significant changes, we will provide at least 30 days' notice via email or in-app notification. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

For questions about these Terms, please contact us at: