1. Introduction

These Terms of Use (“Terms”) constitute the entire agreement between MomentumX Capital, LLC (doing business as MomentumX, including its subsidiaries, affiliates, and assigns, collectively “MomentumX,” “we,” “us,” or “our”) and any person or entity accessing or using the website momentumx.capital, its subdomains, content, platforms, tools, signals, dashboards, reports, APIs, and any related applications (collectively, the “Site” or “Services”).

By accessing or using the Site or Services, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms take precedence over any other terms or conditions you may propose. Continued use of the Site after any modifications constitutes acceptance of the updated Terms.

If you do not agree to these Terms, do not access or use the Site or Services.

2. User Acknowledgements

By accessing the Site, you acknowledge and agree:

  • Subscriptions are non-refundable except as explicitly provided in our Performance-Based Refund Policy (Section 7) below.
  • You are fully responsible for all charges and activity on your account.
  • MomentumX makes no guarantees of profitability or specific investment outcomes for your personal account.
  • The Site and Services are intended solely for users who are at least 18 years old and legally capable of entering binding contracts.
  • The Site is operated from the United States. If you access it from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.
  • Access may be interrupted or affected by factors beyond our control.

3. User Restrictions

You agree not to:

  • Provide false or misleading information.
  • Use the Site for harassment, abuse, fraud, or illegal activities.
  • Violate any applicable law, regulation, or third-party rights.
  • Interfere with, disrupt, or attempt unauthorized access to the Site, accounts, or systems.
  • Transmit malicious software or engage in scraping, data mining, or automated access without permission.
  • Use the Site for commercial purposes beyond personal investing (e.g., no resale of signals, reports, or content).
  • Access the Site from jurisdictions where it is prohibited or illegal.

4. User Representations and Warranties

You represent and warrant that:

  • You are at least 18 years old and have full authority to agree to these Terms.
  • You have not been previously suspended or removed from the Site.
  • You are not on any sanctioned or restricted persons list.
  • You will comply with all applicable laws.
  • You have sufficient knowledge and experience to evaluate investment risks independently.

5. The Site and Services

The Site and Services are the exclusive property of MomentumX and protected by U.S. and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes only, subject to these Terms.

You may not copy, modify, reverse engineer, distribute, or create derivative works from the Site or content without prior written consent. All intellectual property rights remain with MomentumX. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.

6. Not Investment Advice & Hypothetical Disclosure

MomentumX is not a registered investment advisor, broker-dealer, or financial advisor. The Services provide general market commentary, research tools, indicators, and trading signals for informational and educational purposes only.

  • No Personalized Advice: Content does not constitute personalized investment, financial, tax, or legal advice. You are solely responsible for your investment decisions and results.
  • Risk of Loss: Trading securities involves substantial risk of loss, including total loss of capital. Past performance (including our reported IRR) is not indicative of future results.
  • Hypothetical Performance Disclosure: The performance figures used to calculate refunds (IRR, YTD, Monthly Returns) are based on a Model Portfolio, not a real-money account. These results are hypothetical and strictly for the purpose of calculating subscription fees. They do not represent the actual trading of client funds. Hypothetical performance has inherent limitations, including the benefit of hindsight and the inability to account for financial risk or liquidity constraints.
  • Consult a Professional: Always consult a qualified professional before making investment decisions.

7. Subscriptions, Fees, and Billing

  • Billing: Subscriptions are monthly or annual and auto-renew. Prices are in USD and subject to change.
  • Payment Authorization: Payments are processed via Stripe. You authorize recurring charges to your payment method on file.
  • Taxes: You are responsible for all applicable taxes.
  • Failed Payments: Failed payments may result in suspension of access or additional fees (up to legal limits).
  • Annual Plans: Annual plans receive a discount and are billed upfront.

8. Performance-Based Refund Policy ("The Performance Pact")

Our refund policy ties your effective cost to the performance of the MomentumX Model Portfolio. By subscribing, you agree to the following calculation methods and terms:

A. The Definitions

  1. The Calculation Window: Performance is evaluated on the final trading day of the calendar month using closing prices.
  2. The Benchmark: "S&P 500" refers to the total return (including dividends) of the SPY (SPDR S&P 500 ETF Trust) or a comparable data source selected by MomentumX.
  3. "Monthly Beat": MomentumX Model Portfolio return > SPY Total Return for that specific calendar month.
  4. "YTD" (Year-to-Date): The cumulative return of the MomentumX Model Portfolio from January 1st of the current calendar year through the current month-end. Note: This metric tracks the portfolio's performance, not your personal subscription start date.

B. The Refund Logic (The Tiers) We will automatically issue a partial refund if we miss the following benchmarks:

  • Trailblazer: If we fail to beat the S&P 500 monthly AND our YTD is <15% → $29 Refund (Net Cost: $20).
  • Pro: If we fail to beat the S&P 500 monthly AND our YTD is <15% → $39 Refund (Net Cost: $40).
  • Insider: If our YTD is <20% (regardless of monthly result) → $100 Refund (Net Cost: $100).

C. Processing & Disputes

  • Automatic Processing: Refunds are processed automatically via Stripe by the 10th of the following month. No request is required.
  • Binding Calculation: MomentumX determines performance figures in its sole discretion based on its internal data and standard financial calculations. These calculations are final and binding. Deviations between our model signals and your personal trading execution (slippage, missed trades, different broker fees) are not grounds for a refund.
  • Exclusions: Except for these specific performance refunds, fees are non-refundable. There are no prorated refunds for cancellations or dissatisfaction.

9. Limitation of Liability

To the fullest extent permitted by law, MomentumX and its affiliates, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from use of the Site/Services, including trading losses, even if advised of the possibility. We provide the Services "as-is" without warranties of any kind, express or implied.

10. Indemnification

You agree to indemnify and hold harmless MomentumX and related parties from any claims, losses, or expenses (including legal fees) arising from your use of the Services, breach of these Terms, or violation of laws.

11. Termination

We may suspend or terminate your access at any time for breach of these Terms or other reasons, without refund except for accrued performance refunds for the current billing cycle.

12. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Delaware, USA (without regard to conflicts of law). You agree to exclusive jurisdiction in Delaware courts for any disputes.

13. Miscellaneous

  • No Agency: No partnership or agency relationship is created by these Terms.
  • Force Majeure: Delays caused by factors beyond our control (market closures, internet failures, acts of God) are excused.
  • Severability: If any provision is found invalid, the remaining provisions remain in effect.
  • Entire Agreement: These Terms supersede all prior understandings or agreements.

14. Contact

For questions regarding these terms, please contact:
admin@momentumx.capital

By using the Services, you agree to these Terms.