1. Introduction
Welcome to Profunda ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Profunda platform, website at profunda.io, and all related services (collectively, the "Service").
By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
We reserve the right to update these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date.
2. Definitions
For the purposes of these Terms:
- "Account" means a unique account created for you to access our Service.
- "Content" refers to data, text, graphics, images, or other material displayed on the Service.
- "Subscription" refers to the paid plans (Dolphin, Orca, Blue Whale) that provide access to premium features.
- "Signals" refers to the trading signals, market pulse indicators, and analytics provided by the Service.
- "API" refers to the Application Programming Interface provided to Blue Whale subscribers.
- "User" or "you" refers to any individual or entity accessing or using the Service.
3. Account Registration
3.1 Eligibility
You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Create a strong, unique password for your account
- Not share your account credentials with any third party
- Notify us immediately of any unauthorized access or security breach
- Keep your account information accurate and up to date
3.3 Account Responsibility
We are not liable for any loss or damage arising from your failure to protect your account credentials. You agree to accept responsibility for all activities that occur under your account.
4. Subscriptions & Payments
4.1 Subscription Tiers
Profunda offers the following subscription tiers:
- Free: Limited access to Market Pulse gauges and signal previews
- Dolphin: BTC/ETH signals, basic Chart Studio access
- Orca: Altcoin coverage, full Chart Studio, daily digest
- Blue Whale: API access, custom alerts, real-time notifications
4.2 Billing
Paid subscriptions are billed in advance on a monthly or annual basis. You agree to pay all fees associated with your selected subscription plan. All prices are displayed in Euros (EUR) and include applicable taxes unless otherwise stated.
4.3 Free Trial
We may offer a free trial period for paid subscriptions. At the end of the trial, you will be automatically charged for the subscription unless you cancel before the trial ends.
4.4 Cancellation
You may cancel your subscription at any time through your account settings. Upon cancellation:
- Your subscription will remain active until the end of the current billing period
- You will not be charged for the next billing cycle
- No refunds will be provided for partial billing periods
4.5 Refunds
Generally, subscription fees are non-refundable. However, we may consider refund requests on a case-by-case basis for exceptional circumstances. Contact support@profunda.io for refund inquiries.
5. Acceptable Use
5.1 Permitted Use
You may use the Service for your personal or internal business purposes in accordance with these Terms and your subscription plan.
5.2 Prohibited Activities
You agree not to:
- Use the Service for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to any part of the Service
- Interfere with or disrupt the integrity or performance of the Service
- Reverse engineer, decompile, or disassemble any part of the Service
- Scrape, crawl, or use automated means to access the Service beyond API limits
- Resell, redistribute, or sublicense access to the Service without authorization
- Use the Service to transmit malware, viruses, or harmful code
- Impersonate any person or entity or misrepresent your affiliation
- Use signals for market manipulation or any fraudulent activity
5.3 API Usage
Blue Whale subscribers with API access must comply with our API documentation, rate limits, and usage guidelines. Excessive or abusive API usage may result in temporary or permanent suspension of access.
6. Intellectual Property
6.1 Ownership
The Service, including all content, features, and functionality (including but not limited to algorithms, text, graphics, logos, and software), is owned by Profunda and is protected by international copyright, trademark, patent, and other intellectual property laws.
6.2 License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.
6.3 Restrictions
You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the software.
6.4 Feedback
If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, worldwide license to use such feedback without restriction or compensation to you.
7. Data & Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.
You acknowledge that the signals, analytics, and data provided through the Service are derived from publicly available social media content and market data. We do not guarantee the accuracy, completeness, or timeliness of this data.
8. Disclaimers
8.1 No Financial Advice
IMPORTANT: THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, TRADING, OR OTHER PROFESSIONAL ADVICE.
Signals, market pulse indicators, and other analytics provided by Profunda are not recommendations to buy, sell, or hold any cryptocurrency or financial instrument. You should consult with a qualified financial advisor before making any investment decisions.
8.2 No Guarantees
We do not guarantee any specific outcomes or results from using the Service. Past performance of signals does not guarantee future results. Cryptocurrency trading involves substantial risk of loss and is not suitable for all investors.
8.3 Service Availability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.
8.4 Third-Party Data
Our Service aggregates data from third-party sources (YouTube, Twitter/X, Reddit, Binance). We are not responsible for the accuracy, reliability, or availability of this third-party data.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFUNDA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or data
- Trading losses or missed trading opportunities
- Cost of substitute services
- Any damages arising from your use of or inability to use the Service
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO PROFUNDA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Termination
10.1 Termination by You
You may terminate your account at any time by contacting support or through your account settings.
10.2 Termination by Us
We may suspend or terminate your access to the Service immediately, without prior notice, if:
- You breach any provision of these Terms
- You engage in fraudulent or illegal activities
- Your payment method fails or is declined
- We are required to do so by law
10.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that should reasonably survive termination shall survive, including ownership, disclaimers, and limitations of liability.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Posting the updated Terms on this page
- Updating the "Last updated" date
- Sending an email notification to registered users (for material changes)
Your continued use of the Service after any changes constitutes your acceptance of the new Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the European Union and the applicable laws of France, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of the Service shall be resolved in the courts of Paris, France, and you consent to the personal jurisdiction of such courts.
For consumers within the European Union, you may also use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr
13. Contact
If you have any questions about these Terms, please contact us:
- Email: legal@profunda.io
- Website: profunda.io
- Contact Page: profunda.io/contact