Terms of Use

1. Acceptance of these Terms

These Terms of Use (“Terms”) are a binding agreement between you and Steady Otter (“Steady Otter,” “we,” “us,” or “our”) governing your access to and use of the Portfolio Mix website, software, simulations, outputs, and related features (collectively, the “Service”).

By visiting any page of the website, pressing any button, accessing, or otherwise using any part of the Service, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, do not visit, access, or use the Service.

You may use the Service only if you are at least 18 years old and legally able to enter into this agreement.

2. Alpha testing only

The Service is an unfinished alpha product made available solely for testing and evaluation. By using it, you are participating as a tester and for no other purpose. The Service may be incomplete, inaccurate, unavailable, changed, suspended, or discontinued at any time without notice. Features and data may fail, and inputs or outputs may be lost or deleted.

Do not rely on the Service for any financial decision or other important purpose. Do not submit information that you cannot afford to lose or that you are not authorized to provide.

3. Mathematical simulation tool only

The Service is merely a mathematical tool for running speculative, hypothetical simulations for personal testing and enjoyment. It does not provide any professional service. Nothing in the Service is financial, investment, legal, tax, accounting, trading, brokerage, fiduciary, or other professional advice.

The Service does not recommend or endorse buying, selling, holding, or otherwise transacting in any security, fund, asset, strategy, or portfolio. No content or output is an offer, solicitation, recommendation, personalized analysis, or guarantee of any result. Steady Otter is not acting as your adviser, broker, dealer, fiduciary, or agent.

4. No transactions or actions

The Service does not connect to, access, control, or monitor any brokerage, bank, retirement, exchange, wallet, or other financial account. It cannot and does not place trades, buy or sell assets, transfer funds, rebalance portfolios, open or close accounts, or perform any other action on your behalf.

5. Speculative results and market risk

All simulations, projections, scores, allocations, comparisons, and other outputs are hypothetical and speculative. They may use assumptions, estimates, historical, incomplete, delayed, stale, synthetic, or inaccurate data. They do not reflect actual trading, market conditions, taxes, fees, liquidity, slippage, or your complete circumstances unless expressly stated. Past or simulated performance does not predict or guarantee future results.

Investing and trading involve risk, including possible loss of principal. You are solely responsible for independently checking all inputs and outputs and for obtaining advice from qualified professionals before making any real-world decision.

6. You assume all risk and responsibility

To the maximum extent permitted by law, you voluntarily assume all risk, responsibility, and liability arising from or related to your access to, testing of, reliance on, or use of the Service and its outputs. Any decision or action you take is entirely your own. You are responsible for complying with all laws, rules, contracts, and duties that apply to you.

7. Acceptable use

You agree not to:

• use the Service for unlawful, commercial advisory, or client work;
• interfere with, overload, probe, reverse engineer, or bypass the Service or its security;
• introduce malicious code, automate abusive requests, or access data or systems without authorization;
• misrepresent the Service or its outputs as professional advice or as a recommendation by Steady Otter; or
• infringe another person’s rights or submit their data without permission.

8. Ownership and feedback

The Service, including its software, design, branding, and content, is owned by Steady Otter or its licensors and is protected by applicable law. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Service for personal alpha testing.

You retain any rights you have in content you submit. You grant us a non-exclusive license to host, copy, process, and use that content only as needed to operate, secure, test, and improve the Service. If you provide feedback, you allow us to use it without restriction or compensation to you.

9. Third-party data and services

The Service may rely on or link to third-party data, software, websites, or services. We do not control or endorse them and are not responsible for their availability, accuracy, security, terms, or practices. Your use of third-party services is governed by their terms.

10. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available,” with all faults and without warranties of any kind, express, implied, or statutory. Steady Otter disclaims all warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, security, and that the Service or any output will be error-free or meet your needs.

11. Limitation of liability

To the maximum extent permitted by law, Steady Otter and its owners, contributors, suppliers, and service providers will not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, or for any loss of money, investments, profits, data, goodwill, opportunities, or use, arising from or related to the Service, even if advised that such loss is possible.

To the maximum extent permitted by law, their total aggregate liability for all claims arising from or related to the Service will not exceed the greater of the amount you paid to use the Service during the 12 months before the event giving rise to the claim or US $100.

Some jurisdictions do not allow certain warranty exclusions or liability limitations, so parts of these sections may not apply to you. Nothing in these Terms excludes rights or liability that cannot lawfully be excluded.

12. Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Steady Otter and its owners and contributors from claims, losses, liabilities, and reasonable costs arising from your misuse of the Service, violation of these Terms or law, or infringement of another person’s rights.

13. Suspension and termination

You may stop using the Service at any time. We may restrict, suspend, or terminate access at any time, including to protect the Service or other users. Provisions that by their nature should survive termination will survive, including ownership, risk allocation, disclaimers, liability limits, and dispute terms.

14. California law; disputes; no mandatory arbitration

The laws of the State of California govern these Terms and any dispute arising from or related to the Service, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise. You and Steady Otter consent to the personal jurisdiction and venue of courts of competent jurisdiction located in California.

These Terms do not require arbitration, and they do not waive any right to participate in a class or representative action if that right is otherwise available under applicable law. Before filing a claim, you and Steady Otter agree to make a good-faith effort to resolve it informally by email.

15. Changes to the Service or Terms

We may update the Service and these Terms as alpha testing continues. We will post revised Terms and change the effective date. Your use of the Service after revised Terms take effect means you accept the revised Terms.

16. General terms

These Terms and the Privacy Policy are the entire agreement between you and Steady Otter about the Service. If a provision is unenforceable, it will be enforced to the greatest lawful extent and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with operating or transferring the Service. Headings are for convenience only.

17. Contact

Questions about these Terms may be sent to contact@steadyotter.com.