1. Acceptance
By accessing or using the BallastX platform ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Platform. If you are using the Platform on behalf of a firm, you represent that you have authority to bind that firm to these Terms.
2. Description of the service
BallastX is a non-discretionary technology platform that generates hedging analysis and recommendations for use by registered investment advisors ("Advisors"). Specifically, the Platform:
- Analyzes portfolio data entered by the Advisor to identify concentration risk.
- Suggests options-based hedging strategies (protective puts, put spreads, collars, and similar structures) based on current market data and the parameters the Advisor provides.
- Requires the Advisor to review and explicitly approve each recommendation before it is presented to a client or recorded.
- Maintains an immutable, hash-chained audit ledger of all recommendations and decisions for compliance documentation purposes.
- Provides read-only brokerage connectivity, with the Advisor's explicit consent, via SnapTrade's OAuth infrastructure.
The Platform does not execute trades. The Platform does not hold custody of client assets. The Platform does not have discretionary authority over any account. Client execution occurs through the client's own brokerage account using their own credentials.
3. Not investment advice
Nothing on the Platform constitutes investment advice, a recommendation to buy or sell any security or options contract, or the creation of any fiduciary, advisory, or brokerage relationship between BallastX and any client.
The Platform produces analysis and documentation tools for use by licensed professionals. Advisors are solely responsible for the suitability of any recommendation they present to clients. BallastX does not know the individual circumstances, risk tolerance, tax situation, or investment objectives of any end client.
Use of the Platform does not relieve an Advisor of their fiduciary duties, Regulation Best Interest obligations, or any other professional or legal obligations owed to their clients.
4. Eligibility
The Platform is intended for use by registered investment advisors, investment advisory representatives, and compliance professionals at registered advisory firms operating in the United States. By using the Platform, you represent that you are a licensed professional and that your use complies with applicable securities laws and your firm's compliance policies.
The Platform is not intended for, and you may not use it to provide services directly to, retail clients or members of the general public.
5. Accounts and access
You are responsible for maintaining the security of your account credentials. You must notify us promptly at advisors@ballastx.com if you believe your account has been compromised. You are responsible for all activity that occurs under your account.
6. Acceptable use
You agree not to:
- Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
- Attempt to reverse-engineer, decompile, or extract source code from the Platform.
- Use automated scraping, crawling, or data extraction tools against the Platform without our written permission.
- Interfere with or disrupt the Platform or its underlying infrastructure.
- Misrepresent your identity, credentials, or the nature of your firm when using the Platform.
- Share your account credentials with unauthorized users or allow concurrent access by multiple individuals under a single account unless expressly permitted by your subscription.
7. Intellectual property
BallastX owns all rights in the Platform, including its software, models, user interface, brand, and documentation. These Terms do not transfer any ownership rights to you. You receive a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purpose during your active subscription.
You retain ownership of the portfolio data and inputs you provide. You grant BallastX a limited license to process that data to provide the service and to improve the Platform in aggregated, anonymized form.
8. Subscription and payment
Access to the Platform requires an active subscription. Subscription terms, pricing, and billing cycles are described at the time of purchase and in your order confirmation. Fees are non-refundable except as required by law or as expressly stated in your subscription agreement. We reserve the right to modify pricing with reasonable advance notice.
9. Disclaimers of warranties
The Platform is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Platform will be uninterrupted, error-free, or free of security vulnerabilities. We do not warrant the accuracy or completeness of market data displayed on the Platform, which is sourced from third-party providers.
Options strategies involve significant risk of loss. Past performance of any strategy illustrated by the Platform is not indicative of future results. Market conditions can change rapidly, and a hedge that was appropriate at the time of recommendation may not remain so.
10. Limitation of liability
To the maximum extent permitted by applicable law, BallastX and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, investment losses, or data loss, arising from your use of or inability to use the Platform.
BallastX's total liability for any claim arising out of or relating to these Terms or the Platform will not exceed the subscription fees you paid in the twelve months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless BallastX and its affiliates from any claim, loss, or expense (including reasonable legal fees) arising from your use of the Platform in violation of these Terms, your breach of any applicable law or regulation, or any recommendation you make to a client based on Platform outputs.
12. Termination
Either party may terminate access to the Platform at any time. We may suspend or terminate your access immediately if we reasonably believe you are violating these Terms. Upon termination, your license to use the Platform ends. Audit ledger records may be retained as required by applicable law and as described in our Privacy Policy.
13. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Any dispute arising from these Terms or your use of the Platform will be resolved through binding arbitration under the rules of the American Arbitration Association, with proceedings conducted in the State of Delaware, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
14. Changes to these terms
We may update these Terms from time to time. We will post the revised Terms on this page with an updated effective date and will provide notice via email or in-platform notification for material changes. Continued use of the Platform after notice of a material change constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms: advisors@ballastx.com.