Terms of Service
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and Protonyx LLC ("Protonyx," "we," "us," or "our"). By accessing the Protonyx website (protonyxdata.com), or by downloading, installing, or using any Protonyx software or services (including the Vector portfolio analytics application) (collectively, the "Services"), you agree to be bound by these Terms in their entirety.
If you do not agree to these Terms, you must not access or use the Services.
If you are accepting on behalf of an organization, you represent and warrant that you have full legal authority to bind that organization to these Terms, and that your agreement constitutes the organization's agreement.
You must be at least 18 years of age to use the Services. By using the Services, you represent that you are at least 18 years old and that you meet all eligibility requirements set forth in these Terms. If you are under 18, you must not create an account, download any Protonyx software, or use the Services in any capacity.
In the event of any conflict between these Terms and the Protonyx Privacy Policy, these Terms shall control, except with respect to the collection, use, and disclosure of personal information, as to which the Privacy Policy shall control.
The Services are intended solely for users located in the United States.
Users located in the European Economic Area ("EEA"), the United Kingdom, or any other jurisdiction whose laws require compliance with the General Data Protection Regulation ("GDPR") or UK GDPR are not permitted to access or use the Services. By using the Services, you represent and warrant that you are not located in, and are not a resident of, any such jurisdiction.
Protonyx does not proactively verify the geographic location of every user, but relies on your representation as a condition of access. If Protonyx becomes aware, by any means, that a user is located in a restricted jurisdiction, Protonyx reserves the right to immediately terminate that user's access to the Services without prior notice and without liability of any kind. You agree to indemnify Protonyx for any costs, claims, or regulatory consequences arising from your misrepresentation of your location.
Protonyx LLC develops and distributes software and analytical tools for self-directed investors. Protonyx's current product is Vector, a desktop portfolio analytics application. Vector allows users to track investment positions and view mathematically derived analytics, including trend slope calculations, volatility scores, Sharpe ratios, portfolio beta, sector concentration analysis, Monte Carlo projection simulations, and rule-based diagnostic output generated by the Lens engine.
The Lens engine generates output using predetermined mathematical rules and thresholds applied to user-entered data. All Lens output, including any output that uses action-oriented language, is generated automatically by rule-based logic and does not represent the judgment, opinion, or recommendation of any person at Protonyx. See Section 4 for the complete disclaimer of financial advice.
Protonyx may offer additional products or services in the future. Unless a separate written agreement expressly governs a specific product, all Protonyx products and services are subject to these Terms.
All data entered into Protonyx software is stored locally on your device. Protonyx does not receive, transmit, or store your financial data on any remote server.
READ THIS SECTION CAREFULLY. IT IS A MATERIAL CONDITION OF YOUR USE OF THE SERVICES.
PROTONYX LLC IS NOT A REGISTERED INVESTMENT ADVISER, BROKER-DEALER, FINANCIAL PLANNER, OR FIDUCIARY OF ANY KIND, AND DOES NOT PROVIDE INVESTMENT ADVICE, FINANCIAL PLANNING SERVICES, OR SECURITIES RECOMMENDATIONS OF ANY KIND WHATSOEVER.
All output generated by the Services, including analytics, diagnostic results, trend calculations, volatility scores, projection simulations, Lens engine output, and all other metrics, is the product of mathematical formulas and statistical models applied to user-entered data and publicly available market data. Nothing produced by the Services constitutes a recommendation to buy, sell, hold, or otherwise transact in any security, financial instrument, or asset of any kind. This applies regardless of the specific language used in any output, including any output that employs action-oriented or directive language, which is generated automatically by rule-based logic and carries no advisory meaning.
Protonyx LLC is not registered as an investment adviser with the U.S. Securities and Exchange Commission or any state securities regulator, and does not hold itself out as one.
Projection simulations are statistical illustrations of hypothetical future outcomes based on historical volatility data. They are not forecasts, predictions, or guarantees of future performance. Past performance is not indicative of future results.
You are solely and exclusively responsible for all investment decisions you make. Protonyx bears no responsibility whatsoever for any financial loss, missed opportunity, tax consequence, or other outcome arising from any investment decision you make, regardless of whether that decision was influenced by output from the Services.
Consult a licensed financial adviser, attorney, or accountant before making any investment decision.
The Services retrieve market data from third-party providers, including Yahoo Finance via the open-source yfinance library. Protonyx is not affiliated with Yahoo Finance or any other third-party data provider and makes no representation, warranty, or guarantee that any third-party data is accurate, complete, current, or free from errors.
Market data may be delayed, incomplete, unavailable, or otherwise impaired due to factors entirely outside Protonyx's control. Third-party data provider outages or failures do not excuse Protonyx from obligations unrelated to data delivery, but Protonyx is not liable for any failure of the Services to the extent that failure is caused by a third-party data provider. All analytics produced by the Services are directly dependent on the accuracy and completeness of underlying data. Protonyx is not liable, under any legal theory, for any decision, loss, or consequence arising from inaccurate, incomplete, delayed, or unavailable data.
Subject to your full and continued compliance with these Terms, Protonyx grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use Protonyx software on devices you own or control, solely for your personal, non-commercial purposes.
For the avoidance of doubt, this license expressly includes use by individual investors managing their own personal investment portfolios on their own behalf, provided such use is not on behalf of clients, an employer, or any third party. Use of the Services to analyze portfolios belonging to, or for the benefit of, any other person or entity, whether or not compensation is received, falls outside the scope of this license and requires Protonyx's prior written consent.
This license does not include the right to, and you expressly agree not to:
Any use of the Services not expressly permitted by these Terms is strictly prohibited and constitutes a material breach of this agreement.
The Services and all associated elements, including source code, algorithms, analytical models, computational methods, interface designs, graphics, documentation, and all other materials, are the exclusive intellectual property of Protonyx LLC, protected by applicable U.S. and international copyright, trade secret, and intellectual property law.
The names "Protonyx" and "Vector," together with all associated logos, marks, and trade dress, are trademarks of Protonyx LLC. Nothing in these Terms grants you any ownership interest in, or license to, any Protonyx intellectual property beyond the limited license expressly stated in Section 6.
You retain ownership of all data you personally enter into the Services.
Protonyx software is architected with a local-first design. Your portfolio data, settings, and cached market data are stored on your device and are not transmitted to Protonyx servers. The Services make outbound network requests to third-party market data providers containing only ticker symbols; no personal identifying information is included in those requests.
If you register for Protonyx web services or otherwise provide information to Protonyx, that information is handled in accordance with the Protonyx Privacy Policy, available at protonyxdata.com/privacy, which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Privacy Policy regarding the collection, use, or disclosure of personal information, the Privacy Policy shall control.
If Protonyx LLC is involved in a merger, acquisition, asset sale, reorganization, or similar transaction, your personal information and any license rights granted under these Terms may be transferred to the successor entity as part of that transaction. Protonyx will provide notice of any such transfer that materially affects your rights under these Terms or the Privacy Policy by posting a notice on protonyxdata.com and, where practicable, by emailing the address associated with your account, no less than 14 days before the transfer takes effect. Your continued use of the Services following such notice constitutes acceptance of the transfer. If you do not wish to continue using the Services following a transfer, you may terminate your license as described in Section 16.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROTONYX LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
PROTONYX DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, ERROR, OR DEFECT; (C) ANY DATA, OUTPUT, OR RESULT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROTONYX OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROTONYX LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF INVESTMENT RETURNS, LOSS OF REVENUE, LOSS OF DATA, FINANCIAL LOSSES ARISING FROM INVESTMENT DECISIONS, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, THE LEGAL OR EQUITABLE THEORY ASSERTED, OR WHETHER PROTONYX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PROTONYX'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO PROTONYX IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS ($50.00).
THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, PROTONYX'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Protonyx LLC and its members, managers, officers, employees, contractors, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Services; (b) your violation of any provision of these Terms; (c) your violation of any applicable law or regulation; (d) any investment decision you make in whole or in part based on output from the Services; or (e) any dispute between you and any third party.
Protonyx reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Protonyx's defense of that matter.
You agree to use the Services only for lawful purposes and in full compliance with these Terms and all applicable laws and regulations. Without limiting the foregoing, you must not:
You have the right to opt out of the binding arbitration and class action waiver provisions in Section 15. To opt out, you must send written notice of your decision to Protonyx LLC at legal@protonyxdata.com within 30 days of first downloading or using the Services (the "Opt-Out Deadline"). Your notice must include your full name, the email address associated with your account, and a clear statement that you are opting out of arbitration. If delivery by email fails or you do not receive a confirmation within 5 business days of sending, you should re-send your notice or contact Protonyx by postal mail at the address provided at protonyxdata.com/contact.
If you opt out, all disputes will be resolved in accordance with applicable law in the courts specified in Section 15, and the class action waiver in Section 15 will not apply to you. Opting out does not affect any other provision of these Terms.
If you do not opt out before the Opt-Out Deadline, you agree to be bound by the arbitration and class action waiver provisions in Section 15.
These Terms are governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to its conflict of laws principles. The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of the arbitration provisions in this Section.
Binding Arbitration. Except as otherwise provided in this Section and subject to your right to opt out under Section 14, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including any question of whether a particular dispute is subject to arbitration, shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by these Terms. Filing fees, administrative fees, and arbitrator compensation shall be governed by the AAA Consumer Arbitration Rules. The arbitration shall be conducted in St. Louis, Missouri, or, if you so elect, by telephone or videoconference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. YOU AND PROTONYX EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. You expressly waive any right to bring or participate in any class action, class arbitration, or representative proceeding. If a court or arbitrator finds this class action waiver unenforceable with respect to any claim, then the arbitration agreement shall not apply to that claim, and that claim shall be resolved in court in St. Louis, Missouri.
Small Claims Court. Either party may bring an individual claim in small claims court in St. Louis, Missouri, provided the claim qualifies for small claims court jurisdiction.
Exceptions. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute by arbitration.
These Terms remain in full force and effect until terminated. You may terminate your license by ceasing all use of and uninstalling all Protonyx software from your devices. Your termination does not relieve you of any obligations or liabilities that arose prior to termination.
Protonyx may suspend or terminate your license and access to the Services immediately and without prior notice if you breach any provision of these Terms or if Protonyx determines in its sole discretion that your use of the Services poses a risk to Protonyx, its data providers, or other users. For terminations not based on breach or risk, Protonyx will endeavor to provide at least 7 days' advance notice to the email address associated with your account.
Paid Accounts. If Protonyx terminates your paid account without cause before the end of a paid billing period, Protonyx will issue a prorated refund or credit for the unused portion of that billing period. No refund is owed for terminations resulting from your breach of these Terms.
Upon termination for any reason, you must immediately cease all use of the Services and destroy all copies of any Protonyx software in your possession.
Sections 4, 7, 10, 11, 12, 15, and 17 survive termination of these Terms.
Protonyx may modify these Terms at any time. When changes are made, Protonyx will update the Effective Date at the top of this document. For purposes of these Terms, "material changes" means changes that: (a) expand the scope of data Protonyx collects or shares; (b) reduce your rights or remedies; (c) increase your obligations or liability; or (d) alter the arbitration or dispute resolution provisions.
Material changes will be communicated to you via email to the address associated with your account and through a prominent notice on protonyxdata.com, no less than 14 days before the changes take effect.
If you do not agree to the modified Terms, you must stop using the Services before the effective date of the changes. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.
By creating a Protonyx account or installing Protonyx software, you affirmatively acknowledge that you have read, understood, and agree to be bound by these Terms. Protonyx records the version of the Terms in effect at the time of your account creation or software installation, together with a timestamp, as evidence of your agreement. If you do not agree, you must not proceed.
Entire Agreement. These Terms, together with the Protonyx Privacy Policy, constitute the entire agreement between you and Protonyx LLC with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties relating to the Services.
Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
No Waiver. Protonyx's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Protonyx to be effective.
No Assignment. You may not assign or transfer any of your rights or obligations under these Terms without Protonyx's prior written consent. Protonyx may assign these Terms or any of its rights or obligations hereunder without restriction, including in connection with a merger, acquisition, or sale of assets, subject to the notice requirements of Section 9.
Force Majeure. Protonyx shall not be liable for any delay or failure to perform any obligation under these Terms to the extent that such delay or failure is caused by circumstances beyond Protonyx's reasonable control, including acts of God, internet service disruptions, government actions, cyberattacks on infrastructure outside Protonyx's control, or other events outside Protonyx's reasonable control. Third-party data provider outages fall within this provision only to the extent the outage is beyond Protonyx's reasonable ability to mitigate.
No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
For questions, legal notices, or concerns regarding these Terms, contact Protonyx LLC at:
We will respond within 30 days.