Terms of Service
Last Updated: February 9, 2025
1. Acceptance of Terms
By accessing or using the Beyalan platform, website, and related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not access or use the Service. Beyalan reserves the right to modify these Terms at any time. Continued use of the Service after any such modifications constitutes your acceptance of the revised Terms.
2. Description of Service
Beyalan provides investment research tools, portfolio analytics, backtesting engines, factor analysis, portfolio optimization, and data visualization through a web-based terminal interface. Beyalan is not a registered investment adviser, broker-dealer, financial planner, or financial institution. The Service is designed for informational and educational purposes only.
3. Not Financial Advice
All content, data, analytics, projections, and information provided through the Service are for informational and educational purposes only and do not constitute personalized investment advice, financial advice, trading advice, or any other sort of advice. You should not make any investment decision based solely on information provided by the Service. Users should consult with qualified financial advisors before making investment decisions. Past performance does not guarantee future results. All investing involves risk, including the possible loss of principal. Beyalan makes no representation or warranty that any investment strategy or recommendation made through the Service will be profitable.
4. User Accounts
You must be at least 18 years of age to use the Service. By creating an account, you represent that the information you provide is accurate and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Each account is for a single individual and may not be shared. You agree to notify Beyalan immediately of any unauthorized use of your account.
5. User Content & Data License
By submitting, uploading, or otherwise making available any data, content, or information through the Service (collectively, “User Content”), including but not limited to portfolio data, investment preferences, watchlists, and usage patterns, you grant Beyalan a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from such User Content for purposes including but not limited to: operating, improving, and marketing the Service; conducting research and analytics; developing new products, features, and services; and creating aggregated, de-identified, or anonymized datasets. You retain ownership of your original User Content.
6. Brokerage Connections
The Service may allow you to connect third-party brokerage accounts via SnapTrade or other authorized integrations. Beyalan does not store your brokerage login credentials. Brokerage data is accessed through secure, authorized third-party APIs. Beyalan is not responsible for the availability, accuracy, or completeness of data provided by third-party brokerage services. Your use of brokerage connections is subject to the terms and policies of the applicable third-party provider.
7. Intellectual Property
All content, features, functionality, design, code, graphics, logos, and trademarks associated with the Service are owned by Beyalan or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes. No right, title, or interest in any content is transferred to you.
8. Prohibited Conduct
You agree not to: (a) scrape, crawl, or use automated means to access the Service or extract data; (b) reverse engineer, decompile, or disassemble any part of the Service; (c) redistribute, sublicense, or resell any data or content obtained from the Service; (d) attempt to gain unauthorized access to any systems, networks, or accounts associated with the Service; (e) interfere with or disrupt the integrity or performance of the Service; (f) use the Service for any unlawful purpose; or (g) impersonate any person or entity or misrepresent your affiliation with a person or entity.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BEYALAN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. BEYALAN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL MARKET DATA IS SOURCED FROM THIRD-PARTY PROVIDERS AND IS PROVIDED WITHOUT WARRANTY OF ACCURACY, COMPLETENESS, OR TIMELINESS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BEYALAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY INVESTMENT LOSSES OR TRADING DECISIONS MADE BASED ON INFORMATION PROVIDED BY THE SERVICE; (D) DATA INACCURACIES OR SERVICE INTERRUPTIONS; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR DATA. BEYALAN’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNT OF FEES PAID BY YOU TO BEYALAN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless Beyalan, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, 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 rights of another party; or (d) any investment or trading decisions you make based on information obtained through the Service.
12. Arbitration & Class Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the State of Delaware. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You have the right to opt out of this arbitration provision by sending written notice to help@beyalan.com within thirty (30) days of first accepting these Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.
14. Modification of Terms
Beyalan reserves the right to modify these Terms at any time in its sole discretion. Changes will be effective upon posting of the updated Terms on the Service. It is your responsibility to review these Terms periodically. Your continued use of the Service after the posting of any changes constitutes your acceptance of such changes.
15. Termination
Beyalan may suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice. Upon termination, your right to use the Service will immediately cease. Sections 3, 5, 9, 10, 11, 12, and 13 of these Terms shall survive termination.
16. Severability
If any provision of these Terms is held to be invalid, unenforceable, or illegal, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, enforceable, and legal while preserving its original intent.
17. Contact
If you have any questions about these Terms, please contact us at help@beyalan.com.