TERMS OF SERVICE

Last updated: 10/7/2022

  1. Introduction

    Welcome to Aligned Investing, LLC. ("Company", "we", "our", "us").

    These Terms of Service ("Terms", "Terms of Service") govern your use of our automated financial planning website located at https://alignedinvesting.co and our mobile application Aligned Investing (together or individually "Service") operated by Aligned Investing, LLC.

    Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read our Privacy Policy here https://alignedinvesting.co/privacy.

    Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). By using or accessing our Service, you acknowledge that you have read and understood Agreements and agree to their terms and be bound of them, as updated from time to time.

    We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

    If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing at support@alignedinvesting.co so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

    Thank you for being responsible.

  2. Accessing the Website and Account Security

    Contingent on Your payment of appropriate fees for the use of the Service, as applicable, and in compliance with these Terms, we grant You a limited license to use and access our Service. In order to access and use our Service and any related offerings, you must register to create an account ("User Account"). When you register, you will be asked to choose a password, which you will be required to use to access your User Account. We employ physical, electronic and procedural safeguards that comply with federal standards to guard users' personal and financial information (see Privacy Policy).

    You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify us immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a user you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You are also responsible for maintaining appropriate anti-virus and anti-malware software on your computer or mobile devices, so that your User Account information is not compromised through your own negligence. If you receive evidence that someone has committed fraud by accessing your User Account, you must contact us immediately at support@alignedinvesting.co.

    You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

  3. Conditions to Subscribe for the Service

    Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using our Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Agreements. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

    You must be a U.S. tax resident at the time of registration, and you must maintain U.S. tax residency while using the Service.

    You must be able open a brokerage account with Alpaca Securities, LLC.

    You must complete a comprehensive questionnaire that will provide us with all necessary data for use in the algorithm to generate the recommended portfolio.

    You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

    We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

  4. The Service

    Aligned Investing is exclusively a web-based investment adviser that offers fully-automated discretionary investment management services to retail investors ("you") with continuous monitoring and supervision of your investment portfolio. We offer a customized portfolio management service through determining individual investment goals, time horizons, objectives, and risk tolerance. We provide a value-driven investing experience by considering your social and environmental principles when we tailor investments according to your guidelines, mandates and restrictions. When you provide us discretionary authority you will sign a limited trading authorization or equivalent, which means we will have the authority to buy and sell investments in your account without seeking your approval on each transaction. Our algorithm creates portfolios that are composed of preselected stocks and ETFs, therefore your account is limited to these types of investments. Our portfolios are designed to adjust according to your personal risk tolerance while remaining diversified. For additional information, please see Item 4 of our Firm Brochure (Form ADV Part 2A).

  5. Communications

    By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

  6. Contests, Sweepstakes and Promotions

    Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

  7. Pricing and Billing

    The Fee for using the Service will be an annualized 0.25% of the market value of all assets in the Account under management on the last trading day of each calendar month.  The Fees are not charged in advance and are calculated on a continuous basis and deducted from your Account each month as follows: we calculate a daily advisory fee, which is equal to the fee rate multiplied by the net market value of your Account as of the close of trading on the New York Stock Exchange ("NYSE") ( "close of markets") on such day, or as of the close of markets on the immediately preceding trading day for any day when the NYSE is closed, and then divided by 365 (or 366 in any leap year). The Fee for a calendar month is equal to the total of the daily fees calculated during that month (less any deductions or fee waivers) and is deducted from your Account no later than the tenth business day of the following month.

    The Fee will include all financial planning services we provide for you. The Fee may waived at Adviser's discretion for certain types of securities held in the Account. You understand that Account assets invested in shares of mutual funds or other investment companies ("Funds") will be included in calculating the value of the Account for purposes of computing the Fee and the same assets will also be subject to additional advisory and other fees and expenses, as set forth in the prospectuses of those Funds, paid by the funds but ultimately borne by you. No increase in the Fee shall be effective without your prior written notification. You certify and acknowledge that you has had an opportunity to discuss the fee provisions and other arrangements relating to the investment management and advisory services to be provided by us hereunder and is satisfied that you have received sufficient information to evaluate the terms of this Agreement.

    Except when required by law, paid Subscription fees are non-refundable.

  8. Content

    Content found on or through this Service are the property of Aligned Investing, LLC. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

  9. Prohibited Uses

    You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

    a. In any way that violates any applicable national or international law or regulation.

    b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

    c. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.

    d. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

    e. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

    f. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

    Additionally, you agree not to:

    a. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real time activities through Service.

    b. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

    c. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

    d. Use any device, software, or routine that interferes with the proper working of Service.

    e. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

    f. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

    g. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

    h. Take any action that may damage or falsify Company rating.

    i. Otherwise attempt to interfere with the proper working of Service.

  10. Third- Party Applications

    We may use third-party Service Providers to monitor and analyze the use of our Service.

    a. Google Analytics

    Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

    For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

    We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

    b. Amplitude

    Amplitude is provided by Amplitude, Inc.

    Amplitude is a cloud-based product-analytics platform that helps customers build better products.

    For more information on what type of information Amplitude collects and how the data is protected, please visit Amplitude's Privacy Policy page: https://amplitude.com/privacy.

    c. Sentry

    Sentry is open-source error tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/privacy/

    d. FullStory

    FullStory is provided by FullStory, Inc.

    FullStory allows for companies to understand the usability of their websites and mobile apps.

    For more information on what time of information FullStory collects and how the data is protected, please visit FullStory's Privacy Policy page: https://fullstory.com/legal/privacy-policy/.

    e. Links To Other Web Sites

    Our Service may contain links to third party web sites or services that are not owned or controlled by Aligned Investing, Inc.

    Aligned Investing, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

    YOU ACKNOWLEDGE AND AGREE THAT ALIGNED INVESTING, INC. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

    WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

  11. Intellectual Property

    The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

  12. Copyright Policy

    We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

    If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@alignedinvesting.co, with the subject line: "Copyright Infringement" and include in your claim.

    You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

  13. DMCA Notice and Procedure for Copyright Infringement Claims

    You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

    b. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

    c. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

    d. your address, telephone number, and email address;

    e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    You can contact our Copyright Agent via email at dmca@alignedinvesting.co

  14. Trademarks

    The Company name, the terms, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

  15. Error Reporting and Feedback

    You may provide us either directly at support@alignedinvesting.co or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

    The third party sites and tools mentioned above include the following:

  16. Disclaimer Of Warranty

    THESE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

    NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  17. Limitation Of Liability

    EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  18. Indemnification

    You agree that you will be personally responsible for your use of our Website, and you agree to defend, indemnify, and hold us, our officers, directors, employees, consultants, affiliates, subsidiaries, and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of our Website; (ii) your violation of the Terms of Use or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

  19. Termination

    We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

    If you wish to terminate your account, you may simply discontinue using Service.

    All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  20. Governing Law

    These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.

    Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

  21. Changes To Service

    We reserve the right to withdraw, discontinue or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

  22. Waiver And Severability

    No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

    If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

  23. Contact Us

    Please send your feedback, comments, requests for technical support:

    By email: support@alignedinvesting.co.

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All investing involves risk, including the possible loss of money you invest. Past performance does not guarantee future performance. Historical returns, expected returns, and probability projections are provided for information and illustrative purposes, and may not reflect actual future performance. Please see our Form ADV for important details. Investment services provided by Aligned Investing, LLC.

© 2023 Aligned Investing, LLC.