These Terms of Service (“Terms”) govern your access to and use of Pendulum Trader (the “Service”), operated by Dhawal Patel, a sole proprietor based in New Jersey, United States (“we,” “us,” or “our”). By creating an account, subscribing, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract in your jurisdiction to use the Service. By using the Service you represent that you meet these requirements. The Service is not intended for minors and is not available in any jurisdiction where its use would be prohibited.

2. Nature of the Service — not financial advice

Pendulum Trader is an educational and self-coaching tool focused on trading psychology. It is not a broker-dealer, investment adviser, financial planner, commodity trading advisor, or futures commission merchant. Nothing on the Service constitutes investment advice, a recommendation, or a solicitation to buy or sell any security, futures contract, option, or other financial instrument.

Please review our full Risk Disclaimer before placing any trades. Trading futures, options, and other leveraged products involves substantial risk of loss and is not suitable for every investor. Past performance is not indicative of future results.

3. Your account

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 access at support@pendulumtrader.com.
You must provide accurate information and keep it up to date.
We may suspend or terminate accounts that violate these Terms.

4. Acceptable use

You agree not to:

Reverse engineer, decompile, scrape, or extract the underlying code or models of the Service.
Use the Service to build a competing product.
Attempt to interfere with, overload, or compromise the Service's infrastructure.
Use the Service for any illegal activity or to violate the rights of others.
Impersonate any person or misrepresent your affiliation.
Use the AI coach to generate content that is unlawful, defamatory, or harmful.
Share your account credentials or resell access without authorization.

5. Subscriptions, billing, and cancellation

Paid features are offered on a recurring subscription basis. Fees are disclosed on the Pricing page at time of purchase.
Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
You can cancel at any time from your billing page. Cancellation takes effect at the end of the current billing period — you retain access until then.
Except where required by law, fees are non-refundable.
We may change pricing with at least 30 days' notice. Changes apply at the next renewal.
Payment processing is handled by Stripe. By subscribing, you also agree to Stripe's terms.

6. Your content

You retain all ownership of the content you enter into the Service — trades, journal entries, emotional logs, reflections, and AI coach conversations (“User Content”). You grant us a limited, non-exclusive, worldwide license to host, process, and display your User Content solely for the purpose of operating and improving the Service for you. We do not train third-party AI models on your User Content.

You are solely responsible for your User Content. You represent that you have the rights necessary to upload it and that it does not infringe any third party's rights.

7. Our intellectual property

The Service, including the software, design, logos, text, graphics, and all other content created by us (excluding User Content), is owned by Pendulum Trader and protected by copyright, trademark, and other laws. Except for the limited license granted to you to use the Service, no rights are transferred to you.

8. Third-party services

The Service integrates with third-party providers (Stripe, Supabase, Anthropic, Resend, Vercel, and others). We are not responsible for the acts or omissions of these providers, and their services are governed by their own terms.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY INSIGHTS, COACHING OUTPUTS, OR ANALYTICS WILL IMPROVE YOUR TRADING RESULTS.

ANY TRADING DECISIONS YOU MAKE ARE YOURS ALONE. WE ARE NOT RESPONSIBLE FOR TRADING LOSSES, MISSED OPPORTUNITIES, OR ANY OTHER FINANCIAL OUTCOME.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENDULUM TRADER AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSSES SUSTAINED FROM TRADING ACTIVITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Pendulum Trader from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another.

12. Termination

You may terminate your account at any time. We may suspend or terminate your access if you breach these Terms, if your account is inactive for an extended period, or if we discontinue the Service. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including Sections 6, 7, 9, 10, 11, 13, and 14) will survive.

13. Governing law and dispute resolution

These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved informally by contacting support@pendulumtrader.com.

Binding arbitration and class-action waiver: If the dispute cannot be resolved informally within 60 days, you and Pendulum Trader agree that any dispute shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, with the seat of arbitration in New Jersey (or remotely by mutual agreement). You waive the right to participate in any class, collective, or representative action. This clause does not apply where prohibited by law. Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction for intellectual property infringement or misuse.

14. Changes to these Terms

We may modify these Terms at any time. Material changes will be communicated via email or an in-app notice at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

15. Contact

Questions about these Terms? Email support@pendulumtrader.com.

Terms of Service.