TRAVIDENCE — TERMS OF SERVICE

These Terms of Service (these “Terms”) are a binding agreement between you and Travidence, LLC, a Delaware limited liability company, Delaware File No. 10703505, with a mailing address at 800 N King Street, Suite 304-3527, Wilmington, Delaware 19801, United States (“Travidence,” “we,” “our,” or “us”). These Terms govern your access to and use of the TRAVIDENCE websites, platform, and strategy-validation services (collectively, the “Service”).

IMPORTANT: SECTION 15 CONTAINS AN AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. IT AFFECTS YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 15(g).

By clicking to accept these Terms, creating an account, submitting a strategy for validation, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

1. Acceptance; Contracting Entity

Your agreement with us is formed when you affirmatively accept these Terms (for example, by checking an acceptance box at account creation or at checkout). The version of these Terms in effect at the time of your acceptance, together with any later version that takes effect under Section 16, governs your use of the Service. The Service is operated by Travidence, LLC under license from its licensors (see Section 10).

2. Eligibility

(a) Age; capacity; one account. You must be at least 18 years old and have the legal capacity to enter into a binding contract. You may maintain only one account; your account is personal and non-transferable, and you may not share your login credentials.

(b) Sanctions. You represent and warrant that you are not located in, ordinarily resident in, or accessing the Service from any country or region subject to comprehensive U.S. sanctions (including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and that you are not a person with whom U.S. persons are prohibited from dealing under applicable trade and sanctions laws.

(c) Excluded jurisdictions. The Service is not offered to, or directed at, residents of the European Economic Area, the United Kingdom, or Switzerland. By using the Service, you represent and warrant that you are not a resident of any of those jurisdictions.

(d) Local law. You are responsible for compliance with the laws of your own jurisdiction. We make no representation that the Service is appropriate or available for use in any particular location.

3. The Service

(a) What the Service does. The Service performs an automated, deterministic statistical analysis of the trading history and intake information that you submit — by file upload or by read-only broker connection — and issues a Robustness Score (0–100), a verdict band, and a downloadable certificate bearing a unique certificate ID and a reproducibility hash. The analysis detects statistical signals associated with overfitting in the submitted results. It does not receive, review, or evaluate your strategy’s code, rules, or logic.

(b) Disclaimer of Opinion. Possible outcomes include a Disclaimer of Opinion, issued when the submitted sample is insufficient for an audit-grade assessment. A Disclaimer of Opinion is a delivered result of the analysis, not a failure of the Service.

(c) What the Service is not. The Service does not execute trades, route orders, hold or custody funds or assets, or provide brokerage services of any kind. Travidence is not a broker-dealer, investment adviser, commodity trading advisor, or financial institution, and is not registered with any financial regulator.

(d) Processing times. Processing times shown on the Service are estimates only and are not commitments.

(e) Delivery. Results and certificates are delivered through your account. Email notifications, where enabled, do not contain results.

4. No Financial Advice; No Guarantee of Results

(a) Informational only. The Service and all outputs — including the Robustness Score, verdict bands, certificates, and related content — are provided for informational purposes only and do not constitute investment, financial, legal, or tax advice, nor a recommendation, solicitation, or offer to buy or sell any financial instrument or to pursue any trading strategy or evaluation program.

(b) Nature of the Score. The Robustness Score is an automated statistical measure of the robustness of a submitted trading history under the tests applied by our engine as of the analysis date. It is probabilistic and descriptive of past data. A HIGH SCORE OR FAVORABLE BAND IS NOT A PREDICTION OR GUARANTEE OF FUTURE PROFITABILITY, OF LIVE-TRADING PERFORMANCE, OR OF SUCCESS IN ANY PROPRIETARY-TRADING-FIRM EVALUATION. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.

(c) Your decisions. You are solely responsible for your trading and investment decisions and for any losses that result from them. Consult your own professional advisers before making financial decisions.

5. Accounts

You agree to provide accurate information, keep your login methods secure, and notify us promptly at [email protected] of any unauthorized use of your account. You are responsible for activity under your account. We may decline to open, or may suspend, accounts that violate Section 2 or Section 11.

6. Fees; Payments; Refunds; Chargebacks

(a) Fees. Fees for the Service are displayed at checkout at the time of purchase and are charged in U.S. dollars. Each submission — whether an initial validation or a revalidation of a strategy — is a separate, one-time purchase. Applicable taxes may be added where required. Payments are processed by our third-party payment processor; we do not store full card numbers.

(b) Cancellation window. You may cancel a submission and receive a full refund only if analysis of that submission has not yet begun.

(c) Final sale. Once analysis has begun or a result has been issued — including a Disclaimer of Opinion — the fees for that submission are final and non-refundable. You are paying for the performance of the analysis, not for any particular outcome.

(d) Discretionary refunds. We may, in our sole discretion, issue a refund or credit in an individual case; doing so does not waive this Section and does not entitle you or anyone else to the same treatment in other cases.

(e) Non-waivable rights. Nothing in this Section limits any non-waivable rights you may have under the mandatory consumer-protection laws of your place of residence.

(f) Chargebacks. If you believe a charge is in error, contact us first at [email protected]. Initiating a payment-card chargeback or other payment reversal for a fee properly charged under these Terms, without first following the dispute process in Section 15(b), is a material breach of these Terms and grounds for suspension of your account and withholding or revocation of pending results. We may contest any such chargeback with evidence of your acceptance of these Terms and of this refund policy.

7. Your Content; License to Us

(a) Ownership. You retain all ownership rights you have in the trading histories, files, and other content you submit (“Your Content”).

(b) License. You grant Travidence a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, and analyze Your Content solely to (i) provide the Service, including generating your results and certificates; (ii) maintain the evidentiary record supporting issued certificates for the retention period described in the Privacy Policy; and (iii) comply with applicable law.

(c) Your representations. You represent and warrant that Your Content is accurate and genuine, that it reflects real records of the account or backtest it purports to represent, and that you have all rights necessary to submit it. Submitting fabricated, manipulated, or third-party data without authorization is a material breach of these Terms.

(d) No sale of Your Content. We do not sell Your Content and do not use it to provide services to other customers. We may generate aggregated, de-identified operational statistics (for example, submission volumes and error rates) that do not reveal Your Content.

8. Broker Credentials and Connected Accounts

If you connect a supported trading venue, you authorize Travidence to use the read-only credentials you provide solely to retrieve your trade history for analysis. Credentials are stored encrypted; you may delete them at any time from your account, and they are removed upon account deletion as described in the Privacy Policy. You are responsible for ensuring that creating and using read-only API credentials complies with your agreement with the relevant venue. We are not responsible for the acts, omissions, availability, or data accuracy of any third-party venue.

9. Certificates and Public Verification

(a) Scope of a certificate. Each certificate states the results of the analysis of the specific data you submitted, as of its issuance date, under the engine version identified on the certificate.

(b) Public verification. Each certificate bears a unique certificate ID and a reproducibility hash. Anyone holding a certificate ID may use our public verification page to confirm whether the certificate was issued and whether a presented hash matches our registry. The verifier displays limited, non-personal information only.

(c) Registry integrity. To preserve the integrity of issued certificates, the certificate registry and the evidentiary record supporting it are retained for the period stated in the Privacy Policy and survive deletion of your account.

(d) Permitted use. You may share and display your certificate. You may not alter a certificate, misrepresent its scope or meaning (including presenting a Robustness Score as a prediction of profitability), or state or imply that Travidence endorses you or your strategy.

(e) Revocation. We may revoke a certificate that was obtained through fraudulent, fabricated, manipulated, or materially inaccurate data, or in material breach of these Terms, and may update the verification registry accordingly.

10. Intellectual Property; Limited License to You

The Service — including its software, scoring engine, methodology, models, documentation, text, and branding — is owned by Travidence or its licensors and is protected by intellectual-property laws. The TRAVIDENCE name and marks are used under license and may not be used without prior written permission, except to truthfully identify a certificate issued to you. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service to evaluate trading strategies that you own or are authorized to evaluate. You may not resell the Service or use it to provide validation or certification services to third parties. If you provide feedback or suggestions, we may use them without restriction or obligation to you.

11. Acceptable Use

You will not: (a) use the Service in violation of law or these Terms; (b) interfere with or disrupt the Service, or attempt to access it by any means other than the interfaces we provide; (c) use robots, scrapers, or other automated means to access the Service, or probe, scan, or test its vulnerabilities; (d) attempt to derive, reverse engineer, extract, or reconstruct the Service’s confidential scoring parameters, thresholds, weights, or calibration, including through systematic or coordinated submissions designed to map the scoring engine; (e) submit content you lack the rights to submit, or fabricated or manipulated data; (f) circumvent eligibility restrictions, fees, or security measures; (g) access or use the Service as, or on behalf of, a competitor of Travidence, or for competitive benchmarking; or (h) misuse certificates or the verification page, including by attempting to enumerate certificate IDs.

12. Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WITHOUT LIMITING SECTION 4, TRAVIDENCE DOES NOT WARRANT THAT ANY SCORE, BAND, OR CERTIFICATE WILL RESULT IN, OR CORRELATE WITH, ANY TRADING OUTCOME, FUNDING DECISION, OR EVALUATION RESULT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS; IN THAT CASE, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) TRAVIDENCE AND ITS MEMBERS, MANAGERS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, TRADING LOSSES, LOSS OF CAPITAL, LOST OPPORTUNITIES, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) TRAVIDENCE’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES YOU PAID TO TRAVIDENCE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (ii) TWO HUNDRED FORTY-NINE U.S. DOLLARS (US$249). THESE LIMITS DO NOT APPLY WHERE PROHIBITED BY MANDATORY LAW AND DO NOT LIMIT LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT.

14. Indemnification

You will defend, indemnify, and hold harmless Travidence and its members, managers, licensors, and service providers from and against any claims, damages, liabilities, and reasonable expenses (including attorneys’ fees) arising out of Your Content, your use of the Service in breach of these Terms, or your violation of applicable law or third-party rights.

15. Dispute Resolution — Informal Resolution, Binding Individual Arbitration, Class Action Waiver

(a) Scope. This Section applies to any dispute, claim, or controversy between you and Travidence arising out of or relating to the Service or these Terms (a “Dispute”), except that (i) either party may bring an individual claim in small claims court as provided in subsection (f), and (ii) either party may seek injunctive or equitable relief in court for infringement or misuse of intellectual property or confidential information.

(b) Informal resolution first (required). Before commencing arbitration, the party raising a Dispute must send the other party a written notice describing it (to Travidence at [email protected] or the mailing address above; to you at your account email). The parties must then attempt in good faith to resolve the Dispute — including, on either party’s request, by telephone or videoconference — for at least sixty (60) days from receipt of the notice. Completing this process is a condition precedent to filing an arbitration, and applicable limitation periods are tolled while it is pending.

(c) Binding individual arbitration. Any Dispute not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time of filing, as modified by this Section. The Federal Arbitration Act governs this Section. The arbitration will be conducted in English before a single arbitrator. Any hearing will be held by videoconference or decided on written submissions, unless the arbitrator determines under the AAA Rules that an in-person hearing is required, in which case its location will be determined under the AAA Rules. Fees and costs are governed by the AAA’s consumer fee schedule. Judgment on the award may be entered in any court of competent jurisdiction.

(d) CLASS ACTION AND JURY WAIVER. ALL DISPUTES MUST BE BROUGHT AND RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER YOU NOR TRAVIDENCE MAY PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY. If the prohibition on class or representative proceedings is held unenforceable as to a particular Dispute, then this arbitration agreement is void as to that Dispute, which shall proceed in court under Section 18; in no event will class arbitration be permitted.

(e) Mass filings. If twenty-five (25) or more demands for arbitration raising similar claims and represented by the same or coordinated counsel are filed against Travidence within ninety (90) days, the parties agree that the Disputes will be administered in staged batches of up to fifty (50) demands each, with one arbitrator per batch and only one batch proceeding at a time. After resolution of the first batch, the parties will participate in a global mediation of the remaining demands for ninety (90) days before further batches proceed. Applicable limitation periods are tolled for demands awaiting their batch. If a claimant’s demand has not been resolved within eighteen (18) months of its filing, either that claimant or Travidence may elect to have that demand proceed in court under Section 18.

(f) Small claims. Either party may bring an individual claim in a small claims court of competent jurisdiction, so long as the matter remains in that court and advances only on an individual, non-representative basis.

(g) 30-day opt-out. You may reject this arbitration agreement, without penalty, by sending written notice within thirty (30) days after you first accept these Terms, by email to [email protected] with the subject “Arbitration Opt-Out,” or by mail to our address above, stating your name, your account email, and your intent to opt out. Opt-out notices must be individual; group, mass, or collective opt-outs are not valid. If you opt out, Section 18 governs Disputes, and all other provisions of these Terms continue to apply.

(h) Severability; survival. Except as provided in subsection (d), if any part of this Section is held unenforceable, the remainder remains in effect. This Section survives termination of your account or of these Terms.

16. Changes to these Terms

We may update these Terms. If we make a material change, we will provide notice at least fifteen (15) days before it takes effect — by email to your account address and/or a prominent notice in the Service — and we will state the new version’s effective date. Material changes require your renewed acceptance before they apply to you; for non-material changes, continued use of the Service after the effective date constitutes acceptance. CHANGES APPLY PROSPECTIVELY ONLY: a Dispute is governed by the version of these Terms in effect when the events giving rise to the Dispute occurred, and no change applies retroactively. Each published version carries a version number and effective date, and prior versions are available on request. If you do not agree to a change, stop using the Service before its effective date; Section 6 continues to govern completed purchases.

17. Term; Suspension; Termination

You may stop using the Service and request deletion of your account at any time (the Privacy Policy describes what is retained, including the certificate registry). We may suspend or terminate your access, or decline to provide the Service, for breach of these Terms, suspected fraud or unlawful activity, legal or security risk, or discontinuation of the Service; where practicable, we will provide notice. Sections 4, 6, 7(b), 9, 10, 12, 13, 14, 15, 18, and 19 survive termination.

18. Governing Law; Language

These Terms and any Dispute are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws rules, except that Section 15 is governed by the Federal Arbitration Act. Subject to Section 15, the state and federal courts located in Delaware have exclusive jurisdiction over any Dispute, and the parties consent to their personal jurisdiction and waive objections to venue. These Terms are drafted in English. Translations (including Spanish) are provided for convenience only; in case of any difference, the English version prevails.

19. General Provisions

These Terms, the Privacy Policy, and any policies referenced in them constitute the entire agreement between you and Travidence regarding the Service and supersede prior agreements on that subject. We may assign these Terms, in whole or in part, in connection with a merger, reorganization, or transfer of the Service, including to an affiliate; you may not assign them without our written consent. Our failure to enforce a provision is not a waiver of it. If any provision is held invalid or unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue in full force. We are not liable for any delay or failure to perform caused by events beyond our reasonable control. Notices to you may be given to your account email address; notices to us must be sent to [email protected] or to our mailing address above.

Contact

Travidence, LLC — 800 N King Street, Suite 304-3527, Wilmington, Delaware 19801, United States — [email protected].