Effective Date: October 29, 2025
The End-User License Agreement, Terms of Service and Terms of Use (“Agreement”) govern your access to and use of the Testandi software, website, APIs, and related services (“Software”) provided by Testandi, Inc. (“Company,” “we,” “us,” or “our”). By downloading, installing, accessing, or using the Software, you (“User” or “you”) agree to be bound by this Agreement. If you do not agree, do not install or use the Software.
All investing is subject to risk, including the risk of loss. Past performance does not guarantee future results.
Our algorithm offers model portfolio simulations, risk-return analytics, and financial wellness guidance. It is for informational purposes only and does not constitute financial, legal, or tax advice. You are solely responsible for your investment decisions.
You agree to use the system only for lawful purposes and acknowledge that the platform relies on third-party market data feeds, which may be delayed or inaccurate.
We are not liable for losses arising from reliance on algorithm outputs, delays in service, or third-party data errors.
The Software may integrate or link to third-party platforms (e.g., Apple, Google, Microsoft, Meta, OpenAI, Anthropic). Use of those products and services is governed by their respective terms and policies. Company is not responsible for the acts, omissions, or content of third parties.
By using this platform, you acknowledge that you have read, understood, and agree to these Terms.
Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on devices you own or control solely for your personal or internal business purposes. This license does not convey any ownership rights or intellectual property rights in or to the Software.
All right, title, and interest in the Software and all accompanying content, documentation, graphics, interfaces, algorithms, trade secrets, source code, object code, and trademarks are and shall remain the exclusive property of Company and its licensors. The Software is protected by intellectual-property and trade-secret laws worldwide. You may not:
Copy, decompile, reverse engineer, disassemble, modify, or create derivative works based on the Software;
Circumvent any security or authentication mechanism;
Access or attempt to access the Software’s source code or underlying structure except as expressly authorized in writing.
You agree not to use the Software to:
Violate any law, regulation, or third-party right;
Attempt unauthorized access to Company systems, networks, or data;
Interfere with the normal operation of the Software or other users’ enjoyment of it;
Introduce malicious code, viruses, or perform penetration testing without written consent;
Use the Software for unlawful, fraudulent, defamatory, or deceptive purposes.
If you register an account, you are responsible for safeguarding your credentials. You agree to promptly notify Company of any unauthorized use or security breach. Company may suspend or terminate accounts that violate this Agreement or present a security risk.
Company may provide updates, patches, or enhancements (“Updates”) that may be automatically installed. You consent to receive such Updates and understand that failure to install them may render the Software insecure or inoperable. Company may modify or discontinue portions of the Software at its discretion with reasonable notice when feasible.
Use of the Software may involve the collection and processing of data as described in our Privacy Policy, incorporated herein by reference. Company employs commercially reasonable administrative, technical, and physical safeguards to protect data, but no system is completely secure.
Where the Software or services require payment, you agree to pay all applicable fees, taxes, and charges as specified at the time of purchase. Failure to pay may result in suspension or termination of access.
You acknowledge that the Software contains proprietary and confidential information, including but not limited to algorithms, trade secrets, data models, and source code. You agree to:
Use such confidential information only as expressly permitted;
Not disclose, distribute, or provide access to any portion of the Software to third parties without written consent;
Implement reasonable safeguards to prevent unauthorized disclosure or use.
Any unauthorized access to, reproduction of, reverse engineering of, or disclosure of the Software’s source code, algorithms, or trade secrets constitutes a material breach of this Agreement and a violation of intellectual-property and trade-secret laws. In the event of such unauthorized access, you acknowledge that:
Irreparable Harm: Company will suffer irreparable injury for which monetary damages alone are inadequate.
Injunctive Relief: Company is entitled to immediate injunctive and equitable relief (temporary, preliminary, and permanent) to prevent or restrain such activity, in addition to any other remedies available at law.
Liquidated and Compensatory Damages: You shall be liable for:
Actual damages, including but not limited to costs of forensic investigation, remediation, and lost profits;
Statutory damages as permitted under applicable law;
Liquidated damages of US $250,000 (two hundred fifty thousand dollars) per incident or the actual value of the intellectual property misappropriated, whichever is greater; and
Reasonable attorneys’ fees and costs of enforcement.
Continuing Obligation: These obligations survive termination or expiration of this Agreement.
This Agreement is effective until terminated. You may terminate by ceasing use and deleting all copies. Company may limit, suspend, or terminate your license immediately if you breach this Agreement. Upon termination, you must destroy all copies of the Software and related materials.
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND RELIABILITY. YOU ASSUME ALL RISKS ARISING FROM USE OF THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS YOU PAID FOR THE SOFTWARE IN THE 12 MONTHS PRIOR TO THE CLAIM.
You agree to indemnify, defend, and hold harmless Company and its affiliates, directors, officers, employees, and licensors from any claim, damage, loss, or expense (including attorneys’ fees) arising out of or relating to your use of the Software, violation of this Agreement, or infringement of any third-party right.
You agree to comply with all applicable export laws and regulations and not export or re-export the Software to restricted countries or individuals.
This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute shall be resolved through binding arbitration under the rules of the applicable arbitration association in the designated venue, and judgment on the award may be entered in any court of competent jurisdiction. Company may seek injunctive relief in any court to protect its intellectual property.
Entire Agreement: This document constitutes the full agreement between you and Company regarding the Software.
Severability: If any provision is found invalid, the remaining provisions remain in full force.
Waiver: No waiver of any term is effective unless in writing.
Assignment: You may not assign this Agreement without consent; Company may assign in connection with merger or reorganization.
Survival: Sections 2, 9, 10, 12–17 survive termination.
For questions or legal notices, contact:
Testandi