Terms of Service
These Terms of Service ("Terms") are a binding agreement between you and Precognitrade LLC, a New Jersey limited liability company ("Precognitrade," "we," "us," or "our"). They govern your use of the Precognitrade website at precognitrade.com, the Precognitrade web application, and any related APIs, emails, and services we provide (together, the "Service").
Precognitrade Terms of Service
Contents
- 1. Accepting these Terms
- 2. What Precognitrade is, and what it is not
- 3. Eligibility
- 4. Your account
- 5. Questions, viewings, resolution, and scoring
- 6. Private questions
- 7. Crowd View, Indigo Insight, and other paid data
- 8. The Indigo panel
- 9. Social features and community rules
- 10. Your content
- 11. Our intellectual property
- 12. Third-party data, services, and links
- 13. Subscriptions, billing, and payments
- 14. Closing your account; suspension and termination
- 15. Changes to the Service
- 16. Changes to these Terms
- 17. Disclaimers
- 18. Limitation of liability
- 19. Indemnification
- 20. Dispute resolution
- 21. Governing law and venue
- 22. Copyright complaints
- 23. Export controls and sanctions
- 24. Electronic communications
- 25. General terms
- 26. Notice for California users
- 27. Contact us
1. Accepting these Terms
1.1 Agreement. You accept these Terms when you create an account and confirm that you agree to them, or when you otherwise use the Service. If you do not agree, do not use the Service.
1.2 Other documents that apply. The following documents are part of these Terms:
- any feature-specific terms we show you when you use a feature, such as checkout terms for a subscription; and
- for members of the Indigo panel, the separate Indigo Panel Agreement described in Section 8.
If feature-specific terms conflict with these Terms, the feature-specific terms control for that feature.
1.3 Privacy. Our Privacy Policy explains how we handle personal information. It is a notice to you, not a contract you are asked to consent to, and nothing in these Terms lets us use personal information in ways the Privacy Policy or applicable privacy law does not allow.
1.4 Personal use. The Service is offered to individuals for personal, non-commercial use. Any commercial use, including business, institutional, or data-licensing use, requires a separate written agreement with us.
2. What Precognitrade is, and what it is not
2.1 What the Service does. Precognitrade is a forecasting, research, and entertainment platform. You can:
- browse questions about markets and other future events;
- complete "viewings," a blind forecasting exercise in which you may record impressions before you see a set of images, then choose an image that corresponds to a hidden answer;
- see your forecasts scored after questions resolve, and see statistics and leaderboards based on those scores;
- view aggregate forecasts, such as Crowd View (an aggregate of eligible user viewings) and, once it is available, Indigo Insight (an aggregate of eligible submissions from our contracted Indigo panel); and
- build a public profile, follow other users, publish posts, and comment.
2.2 Not investment, financial, legal, or tax advice. Nothing on the Service is investment, financial, trading, legal, tax, or other professional advice, and nothing on the Service recommends that you buy, sell, or hold any security, commodity, derivative, cryptocurrency, event contract, or other asset. This includes forecasts, aggregates, scores, rankings, signal divergence indicators, reports, and user posts. Precognitrade is not a registered investment adviser, broker-dealer, commodity trading advisor, exchange, or designated contract market. Our content is general and impersonal and does not take your circumstances into account. Before making any financial decision, do your own research and consult a qualified, licensed professional. You alone are responsible for any decision you make, and you should not rely on the Service to make it.
2.3 Not a prediction market, wager, or contest. The Service does not let you stake money or anything of value on an outcome, and correct forecasts do not win money, prizes, or anything else of value. Subscription fees pay for access to software features. They are not an entry fee, a stake, or a purchase of a chance to win. Scores, ranks, badges, and statistics have no cash value and cannot be sold, transferred, or redeemed. Invitation to the Indigo panel (Section 8) is not a prize. It is an offer to provide contracted services, and panel compensation is not based on whether forecasts are correct.
2.4 No trading, custody, or order routing. Precognitrade does not execute trades, route orders, hold funds or assets for users, operate wallets, or accept deposits. Links to third-party markets are for reference only.
2.5 No claim of special abilities. The viewing workflow draws on protocols associated with remote viewing and intuition research. We make no claim that any person has, or can develop, precognitive, extrasensory, or other special abilities, or that any method reliably predicts future events. Scores and statistics describe historical records only. A strong record may reflect chance. Past performance, whether an individual's, the crowd's, or the Indigo panel's, does not indicate future results.
2.6 Aggregates are opinions, not facts. Crowd View, Indigo Insight, signal divergence, and similar outputs summarize forecasts made by people. They may be based on small samples, may be wrong, and may change or become unavailable. A difference between one of our aggregates and a market price does not mean the market is mispriced or that any trade would be profitable.
3. Eligibility
To use the Service, you must:
- be a resident of the United States;
- be at least 18 years old and have reached the age of majority where you live;
- be able to form a binding contract;
- not be prohibited from using the Service under the laws that apply to you, including export control and sanctions laws (Section 23); and
- not have had a Precognitrade account suspended or terminated by us, unless we have given you written permission to return.
Laws governing forecasting, market data, and similar services differ between jurisdictions. You are responsible for confirming that your use of the Service is lawful where you live. We may restrict or refuse access in any jurisdiction. The Service is offered only to people who live in the United States, and paid plans are available only to them. In these Terms, "United States" includes Puerto Rico, Guam, the U.S. Virgin Islands, the Northern Mariana Islands, and American Samoa.
4. Your account
4.1 Registration. You need an account for most of the Service. You must give us an email address you control and verify it. Keep your information accurate and up to date.
4.2 One person, one account. Each account is for one person, and you may have only one active account at a time. If you voluntarily close an account, you may create a replacement account later, as described in Section 14.1. You may not create a replacement account to evade a suspension, termination, or other enforcement action, to manipulate rankings, or to get around integrity controls or plan limits. You may not share your account, let someone else use it, or sell or transfer it. Multiple active accounts undermine scoring and rankings, and we may suspend or close them (Sections 5.6 and 14.2).
4.3 Security. Keep your password confidential and do not reuse it from other sites. You are responsible for activity under your account. Tell us promptly at security@precognitrade.com if you believe someone has accessed your account without your permission.
4.4 Usernames. Your username is your public handle. It must follow our format rules and may not impersonate anyone, infringe anyone's rights, or be offensive or misleading. You do not own a username. We may reclaim or change a username that breaks these Terms. The usernames of closed accounts stay reserved and are not released for reuse.
5. Questions, viewings, resolution, and scoring
5.1 Where questions come from. Questions on the Service may be:
- imported from third-party prediction markets;
- generated by us from market data, for example daily cryptocurrency or stock price questions;
- written or curated by us; or
- created privately by eligible paid users (Section 6).
When a question becomes active, its wording, answer options, timing, and resolution rules are fixed for that question. An imported question is our own question based on a third-party market. Its wording, timing, or result may differ from the source market's, and our rules control on the Service.
5.2 How viewings work. When you start a viewing, you may record notes, sketches, or photos of handwritten impressions, or you may skip that step. Once you submit or skip it, your impressions are sealed and cannot be edited or replaced. You then see a set of images chosen for you, and you pick one and record your confidence. Each user receives their own images and hidden answer mapping. Your selection is final once you confirm it. Where the Service offers the option, you may cancel a viewing before selecting an image. Images you have already been shown may stay unavailable to you in future viewings.
5.3 Plan limits. Some limits depend on your plan. For example, the Free plan allows one unresolved viewing at a time. The current limits are shown in the Service and may change under Section 15.
5.4 Resolution. We decide how each question resolves, using the data sources and rules fixed in the question. Resolution is often automated and may rely on third-party data. We may void a question if we decide it cannot be fairly resolved, for example because a data source is unavailable, delisted, ambiguous, or clearly in error, the underlying event changes materially, or we suspect manipulation. A voided question is not scored as correct or incorrect. Our resolution and void decisions are final on the Service. No money or other value depends on them.
5.5 Scoring, statistics, and rankings.
- We score resolved viewings and calculate statistics and rankings using the methodology described in the Service, including the "How rankings work" guide on the Rankings page. We may improve the methodology and recalculate current statistics and rankings from the underlying records.
- Leaderboards use minimum sample sizes and other eligibility rules. A place on a leaderboard, a rank, or a badge is not an endorsement of anyone's ability, and no one is entitled to one.
- Your public profile shows performance statistics calculated from all of your eligible viewings. That includes viewings you never posted and viewings on private questions. Individual unposted viewings are not shown to others. Only the totals and derived statistics are.
- To protect the integrity of scoring, we may exclude viewings, results, or accounts from statistics, rankings, aggregates, or Indigo candidate consideration, or reset them, if we reasonably believe the rules in Section 5.6 have been broken.
5.6 Integrity rules. You agree not to:
- have more than one active account at a time, create a replacement account in breach of Section 4.2, or use another person's account;
- use bots, scripts, or other automation to create viewings, make selections, or interact with the Service;
- try to learn, predict, or reconstruct hidden answer mappings, other users' image sets, or unreleased results;
- ask for, share, or trade information about the candidate images in your viewings in order to influence anyone's selection;
- coordinate with others to manipulate Crowd View, rankings, Indigo candidate status, or any other aggregate or statistic;
- exploit bugs or errors instead of reporting them to us; or
- misrepresent your record, for example by altering screenshots of results or claiming results you did not achieve.
6. Private questions
6.1 Creating private questions. Eligible paid plans can create private questions from the templates we offer. Before you create a question, the Service shows its final wording and timing. Once you create it, the question is fixed and cannot be edited.
6.2 Who can see them. A private question is visible to you. Authorized Precognitrade personnel may also access it to operate, resolve, support, and moderate the Service. It is not otherwise shown to other users, with one exception. If you publish a viewing post about a private question and confirm that you want to include it, the question's text and parameters become visible in that post. Other users who see the post do not get access to the question itself.
6.3 Our rights. We may refuse, void, or remove a private question that breaks these Terms, concerns a prohibited or sensitive topic, or cannot be resolved reliably.
6.4 When a paid plan ends. If your plan changes so that you no longer have access to private-question features, you can no longer create private questions. Unresolved viewings you already started continue to resolve normally, but plan limits apply to new viewings.
7. Crowd View, Indigo Insight, and other paid data
7.1 Availability. Aggregates are shown only when their eligibility and minimum-sample rules are met. Indigo Insight is available only to Premium subscribers, and only when the Indigo panel is operating and enough eligible panel submissions exist for a question. We do not promise that Indigo Insight, or any other aggregate, will be available for any particular question, category, or number of questions.
7.2 Personal-use license. While your plan includes access, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to view aggregates and related data in the Service for your own non-commercial use. You may not:
- copy, republish, redistribute, sell, sublicense, or otherwise make aggregates available to others, whether through feeds, alerts, channels, newsletters, groups, or paid "signal" services;
- share Crowd View, Indigo Insight, or other aggregate values for a question that has not resolved, including Indigo Insight values before that question's viewing cutoff;
- scrape or systematically extract aggregates, questions, market data, or statistics, or use them to build a dataset, model, or competing product;
- use aggregates in any commercial product or service, or in any trading system operated for anyone other than you; or
- try to identify any individual, or work out any individual's forecast, from aggregates or other aggregated or de-identified data, for example by comparing an aggregate's values before and after a particular user completes a viewing.
After a question has resolved, you may refer to its aggregate values, including Crowd View and Indigo Insight values, provided you credit Precognitrade and your references are non-commercial, not systematic or automated, and not part of a feed, channel, newsletter, or paid service.
7.3 Commercial and API access. Commercial, programmatic, or bulk access to aggregates or historical data requires a separate written license. Those licenses will prohibit re-identification.
8. The Indigo panel
The panel is not operating yet. We have not formed the Indigo panel, and Indigo Insight and the Premium plan are not available. We calculate candidate status (Section 8.2) from the start, so that track records built now can count if the panel launches. The rest of this Section describes how the panel will work if and when we launch it. We may change the program before then, or decide not to launch it.
8.1 What it is. Indigo is the program under which Precognitrade contracts a panel of selected viewers. Indigo Insight is built only from the submissions of active panel members on questions assigned to them.
8.2 Candidates. We use statistical rankings and activity requirements to identify users who may be considered for the panel. Candidate status is internal. It is not a guarantee of an invitation, an offer of work, or a public status. Whether to invite anyone, and when, is entirely at our discretion. Your subscription plan is not a factor in how we calculate candidate status.
8.3 Membership. Membership starts only after you receive an invitation, accept the separate Indigo Panel Agreement, complete any identity, tax, and payment onboarding it requires, and your membership term is activated. The Indigo Panel Agreement governs membership, assignments, compensation, confidentiality, and disclosure embargoes. Where it conflicts with these Terms, it controls for panel matters. Compensation is for services such as completing assignments and following protocol. It is not based on whether forecasts are correct. Members are independent contractors, not employees, and are responsible for their own taxes.
8.4 Badge. Only active members may display the Indigo Viewer badge. Claiming or implying membership you do not hold is prohibited.
8.5 Subscribers. Once Premium is offered, a Premium subscription will give access to the Indigo Insight aggregate only. It does not include panel membership, an invitation, individual panelists' answers, or any right to contact, hire, or assign work to panelists.
9. Social features and community rules
9.1 Public by design. Your profile, which includes your username, display name, headline, profile image, banner, join date, follower and following counts, performance statistics, leaderboard placement, and any active Indigo badge, is visible to other signed-in users. So are the posts and comments you publish. Leaderboards are public: once you are eligible, anyone, including people who are not signed in, may see your leaderboard entry, which shows your username, your rank, and the statistics shown on the leaderboard, such as your number of scored attempts. There is no setting to hide from leaderboards in the Service, so choose a username you are comfortable having public. We feature your posts or your leaderboard entry in materials that promote the Service only if you give the separate promotional consent described in Section 10.3. Other users can see the total number of likes on a post but not who liked it.
9.2 Publishing is permanent. You cannot edit posts or comments after publishing them. You can delete your posts. Deleted content is removed from view, but we may keep records of it for a limited time as described in the Privacy Policy. If you schedule a viewing post to publish automatically after a question resolves, you authorize us to publish it at that time under the option you chose. Others may have copied or captured public content before you deleted it, and we cannot control those copies.
9.3 Impressions in posts. Including your sealed notes, sketches, or photos in a viewing post is optional and on by default. You can turn this off before publishing or scheduling a post. We remove hidden metadata, such as location data, from uploaded photos, but we cannot remove what is visible in them. Before you include them, check for personal information, such as names, addresses, or anything else visible in a photo. Once published, they cannot be edited.
9.4 Comment controls and blocking. You can choose who may comment on each post. You can block other users. Blocking prevents follows and interactions between you and the blocked user, in both directions. Blocking is not a guarantee against all contact or visibility, for example if someone uses a different account.
9.5 What you may not post or do. You may not use the Service to post, share, or do anything that:
- is illegal, or promotes or facilitates illegal activity;
- sexually exploits or endangers minors. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children and to law enforcement;
- is sexually explicit, or shows graphic violence or gore;
- shares, or threatens to share, an intimate image of any person without their consent, including a realistic image created or altered with AI or other tools (see Section 9.10);
- harasses, bullies, threatens, stalks, or intimidates anyone, or encourages others to do so;
- attacks people on the basis of race, ethnicity, national origin, caste, religion, disability, disease, age, sex, gender identity, sexual orientation, veteran status, or other protected characteristics;
- promotes or glorifies self-harm or suicide;
- discloses someone else's private or identifying information without their permission;
- impersonates any person or organization, including Precognitrade staff or Indigo members, or misrepresents your affiliation with anyone;
- is spam, a scam, or a pyramid or multi-level marketing scheme, or contains malware, phishing, or deceptive links;
- promotes a security, token, or other asset in exchange for compensation you do not clearly disclose, or is part of a "pump and dump," coordinated trading, or other market-manipulation scheme;
- presents content as personalized investment advice, promises or guarantees returns, or solicits people to copy trades or join paid signal groups;
- advertises gambling or wagering services;
- infringes anyone's copyright, trademark, privacy, publicity, or other rights; or
- evades a suspension, block, or other enforcement action.
9.6 User content is not endorsed. Posts, comments, and profiles are created by users and represent their views, not ours. We do not verify them, and they may be wrong, misleading, or offensive.
9.7 Moderation. We are not obligated to monitor content, but we may review, hide, remove, restrict, or quarantine any content, remove profile images or banners, limit features, or suspend accounts if we believe it is appropriate under these Terms or the law. We rely on user reports, human review, and automated safeguards such as rate limits and spam controls. If we remove or restrict your content or account, we will tell you what we did and why, and how to appeal. We may skip or delay that notice where the law or an order from an authority prevents it, where giving it could put someone's safety at risk or interfere with an investigation, or where the content is deceptive, high-volume commercial content such as spam campaigns.
9.8 Reporting content. You can report profiles, posts, and comments in the Service. Anyone, including people without an account, can report content they believe is illegal by emailing abuse@precognitrade.com with:
- a link to the content, or another way to find its exact location;
- an explanation of why they believe it is illegal;
- their name and email address. These are not required when reporting child sexual abuse material; and
- a statement that they believe, in good faith, that the information and allegations in the report are accurate and complete.
We will confirm that we received the report and tell the reporter what we decided.
9.9 Appeals. If you disagree with a moderation decision about your content or account, or about something you reported, you can appeal within 30 days of our notice by replying to our notice or emailing appeals@precognitrade.com. We will tell you the outcome, and we will reverse decisions we find were mistaken.
9.10 Removing intimate images shared without consent. If an intimate image or video of you has been posted on the Service without your consent, you can ask us to remove it. This includes realistic images created or altered with AI or other tools. You don't need an account, and someone you authorize can make the request for you. Email takedown@precognitrade.com with:
- your physical or electronic signature, which can be your typed full name;
- a link to where the image appears on the Service, or another description detailed enough for us to find it;
- a brief statement that you believe in good faith the image was published without your consent, plus any information that helps us assess the request; and
- a way to contact you, such as an email address.
We act on valid requests as soon as possible, and no later than 48 hours after we receive them. Within that time, we remove the image and make reasonable efforts to find and remove known identical copies of it on the Service. We do not delay removing an image covered by a valid request while we ask for more information. These requests go to a dedicated queue, separate from ordinary reports and appeals, and we handle them discreetly. Links to this process appear on our home page, in Settings, and alongside our Terms and Privacy Policy.
10. Your content
10.1 What "Your Content" means. "Your Content" is anything you submit to the Service. That includes profile information and images, impression notes, sketches, and photos, answer selections and confidence levels, private-question parameters, posts, comments, and reports.
10.2 You keep ownership. You keep whatever rights you have in Your Content.
10.3 License to operate and promote the Service. You grant Precognitrade a worldwide, non-exclusive, royalty-free license, which we may sublicense to our service providers and transfer to a successor, to host, store, copy, process, adapt (for example by resizing, cropping, re-encoding, or removing metadata), display, and distribute Your Content, as far as necessary to provide, secure, and improve the Service and to show Your Content to the people you choose. Promotional use requires your separate consent. Accepting these Terms does not give it. If you turn on promotional featuring in Settings (Privacy), which is off unless you choose it, we may also use, display, and reproduce Your Content that you have published in the Service, and your leaderboard entry, together with your username, on our website and in other materials that promote the Service, including outside the Service. We use only content you chose to publish: impression notes, sketches, or photos only if you included them in the post, and never viewings you did not post. We do not use your display name or profile image for this purpose. You can turn promotional featuring off at any time in Settings or by emailing support@precognitrade.com; we then stop using your content and leaderboard entry in new materials. We also stop featuring a specific post in new materials if you delete it. For content you delete, this license ends when the content is removed from the Service, except for copies we keep for the limited periods described in the Privacy Policy and promotional materials already published before you deleted it or withdrew your consent.
10.4 Forecast records. Scores, rankings, and aggregates depend on a stable historical record. For that reason, you grant Precognitrade a perpetual, irrevocable, worldwide, royalty-free license to use the following forecast facts: which question you viewed, which answer option your selected image corresponded to, your confidence level, the times you submitted each step, and the result. We may use these facts to calculate and keep scores, statistics, rankings, historical records, and aggregates, and to create aggregated or de-identified data that we may use, publish, and license, including commercially. This license does not cover your impression notes, sketches, photos, posts, comments, or profile. This license does not authorize us to keep or use personal information beyond the purposes and retention periods described in our Privacy Policy, or in violation of your rights under applicable privacy law. After the post-closure period described in the Privacy Policy, we keep your forecast facts only in pseudonymized form, linked to an internal identifier instead of your account details, and this license applies to them only in that form. If you ask us to delete your personal information, we handle your forecast facts as described in the Privacy Policy, and this license does not prevent us from honoring that request.
10.5 Your promises. You confirm that you have all the rights needed to submit Your Content and grant these licenses, and that Your Content does not break these Terms or the law.
10.6 Feedback. If you send us ideas or suggestions, we may use them without restriction or payment to you.
11. Our intellectual property
11.1 Ownership. The Service and everything in it, other than Your Content and third-party material, belongs to Precognitrade or its licensors. That includes the software, design, text, question library, image library, methodology, scores, rankings, aggregates, and data compilations. "Precognitrade," "Crowd View," "Indigo," "Indigo Insight," "Indigo Viewer," and our logos are our trademarks.
11.2 Your license to use the Service. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.
11.3 Image library. Images shown in viewings come from licensed, public-domain, commissioned, or generated sources. You may view and share them only through features the Service provides. For example, you may view them in your viewings, and a viewing post may display the correct result image. Apart from that, you may not download, scrape, collect, catalog, or redistribute library images, or try to reconstruct the library. Doing so also breaks the integrity rules in Section 5.6.
11.4 Restrictions. You may not:
- copy, modify, or create derivative works of the Service;
- reverse engineer, decompile, or try to extract source code, except where the law expressly allows it despite this restriction;
- scrape, crawl, or use automated means to access the Service, except through interfaces we provide for that purpose;
- bypass or interfere with security, authentication, rate limits, plan limits, or access controls;
- probe or test the Service's vulnerabilities without our written permission;
- place an unreasonable load on our infrastructure; or
- use the Service to build a competing product or dataset.
12. Third-party data, services, and links
12.1 Market data and question sources. Some questions, prices, probabilities, and resolution data come from third parties, such as prediction markets, cryptocurrency exchanges, and stock market data services. We are not affiliated with, endorsed by, or sponsored by these providers or any exchange, and their names and marks belong to them. Third-party data may be delayed, incomplete, or wrong. We do not guarantee it. You may not use the Service to extract or redistribute third-party market data.
12.2 Third-party sites. Links to source markets and other sites are for reference only. Those sites have their own terms and privacy policies, and we are not responsible for them.
12.3 Payment processing. Payments are processed by Stripe, Inc. Your use of Stripe's checkout and customer portal is also subject to Stripe's terms and privacy policy.
13. Subscriptions, billing, and payments
13.1 Plans. We offer a Free plan and one paid plan, currently Pro. We may add paid plans later. Premium is shown in the Service as coming soon and cannot be purchased yet; if we launch it, it will include everything in Pro. The features, limits, and prices of each plan are described in the Service at the time you subscribe.
13.2 Automatic renewal. Paid plans are billed monthly in advance and renew automatically every month until you cancel. When you subscribe, you authorize us, through Stripe, to charge your payment method the plan's then-current price, plus applicable taxes, at the start of each billing period until you cancel. Before you subscribe, we will show you the price, the billing frequency, that the plan renews automatically, and how to cancel, and we will ask you to agree to those terms. After you subscribe, we will email you a confirmation with the same information. We will also send you an annual reminder of your subscription and how to cancel it.
13.3 Cancellation. You can cancel at any time online, in your account's billing settings. Cancellation takes effect at the end of your current billing period. You keep paid access until then, and your subscription will not renew after that. Canceling does not cancel charges you already owe, such as a failed payment for the current period that we retry under Section 13.6. Subject to Section 13.9 and your rights under applicable law, canceling does not refund the current period.
13.4 Upgrades. If we offer more than one paid plan and you upgrade to a higher-priced plan, the upgrade takes effect immediately. We charge your payment method on file a prorated amount for the rest of your current billing period, and your later renewals are billed at the new plan's price on your existing billing date. We will show you the prorated charge and ask you to confirm it before we make it.
13.5 Downgrades. If we offer more than one paid plan and you downgrade to a lower-priced paid plan, you keep your current plan until the end of your current billing period. After that, your subscription renews at the lower plan's price. There is no prorated credit or refund. You can cancel a scheduled downgrade before it takes effect.
13.6 Failed payments. If a payment fails, we may try to charge your payment method again. Paid access continues for a short grace period, currently 48 hours. If payment is still not received by the end of it, your account moves to the Free plan until payment succeeds or you subscribe again.
13.7 Price changes. We may change subscription prices. We will email you at least 7 days, and at least five business days, but no more than 30 days before a price change applies to your subscription, and it will take effect at your next renewal after the notice. The notice will tell you how to cancel. If you do not want to pay the new price, cancel before it takes effect. If you are charged the increased price, you may still cancel within 14 days after that first charge, in your billing settings or by emailing support@precognitrade.com. If you do, your paid access ends when you cancel, and we automatically refund the unused portion of that billing period on a pro rata basis. Outside that situation, cancellation works as described in Section 13.3. For any change to the price or other material terms of an existing paid subscription, we will give the advance notice, cancellation information, and any consent or refund rights that applicable law requires. These protections apply notwithstanding Sections 15 and 16.
13.8 Taxes. Prices do not include taxes unless we say they do, or unless the law requires prices shown to you to include them. You are responsible for any sales, use, value-added, or similar taxes, which may be calculated and collected at checkout.
13.9 Refunds. Except as required by law or stated in these Terms, fees are non-refundable. That includes partial months, unused features, downgrades, and account closure. If we terminate your account for reasons other than your breach of these Terms, or if we discontinue the Service (Section 15.2), we will refund the unused portion of any prepaid fees. If you cancel within 14 days after your first charge at an increased price, you receive the prorated refund described in Section 13.7. We may grant a refund in an individual case at our discretion. Doing so does not oblige us to grant refunds in other cases.
13.10 Where paid plans are available. Paid plans are available only to people who live in the United States (Section 3). Payment must use a card or other payment method issued in the United States, with a billing address in the United States. We may cancel and refund a subscription paid otherwise, and may decline further checkouts from that account for 30 days.
13.11 Disputed charges. If you think you were charged in error, please contact us before disputing the charge with your bank. We may suspend paid features while a chargeback or payment dispute is pending.
13.12 Account closure. Closing your account (Section 14.1) cancels your paid subscriptions immediately. Subject to Section 13.9 and your rights under applicable law, there is no refund for unused time.
13.13 Credits and promotions. Any product credits, promotional access, or similar benefits we offer have no cash value, cannot be transferred or sold, may expire, and can only be used for Service features.
14. Closing your account; suspension and termination
14.1 Closing your account. You can close your account at any time from your account settings by confirming your password. Closure is permanent and takes effect immediately:
- you are signed out on all devices, and you cannot reactivate or recover the account;
- your profile, posts, comments, and leaderboard entries are removed from view. Replies underneath your comments are removed too, including replies other people wrote;
- you lose access to your viewings, private questions, and history;
- your paid subscriptions are canceled immediately. Subject to Section 13.9 and your rights under applicable law, there is no refund for unused time;
- your username stays reserved and cannot be reused; and
- you may later register a replacement account, including with the same email address, subject to Section 4.2.
Closure does not delete public questions or affect other users' own viewings and participation. The Privacy Policy explains what we keep after closure, for how long, and how to ask us to delete personal information sooner. If you want a copy of your personal information, request it before or after closing your account, as described in the Privacy Policy.
14.2 Suspension and termination by us. We may suspend or limit your access, or terminate your account, if:
- you break these Terms;
- we reasonably believe your use creates risk or possible legal exposure for us, other users, or third parties;
- we are required to by law or a legal authority;
- your payment fails or is reversed and not resolved (for paid features); or
- we discontinue the Service.
We will tell you what we did and why, and how to appeal (Section 9.9), unless Section 9.7 lets us skip or delay the notice. We may act without advance notice in cases of serious abuse, fraud, security threats, or legal requirements.
14.3 Effect of termination. When your account ends, your right to use the Service ends. Sections 2, 5.4, 5.5, 7.2 (restrictions), 10.4, 10.6, 11, 13 (for amounts owed), and 14.3 through 25 survive, along with any other terms that by their nature should survive.
15. Changes to the Service
15.1 The Service changes. The Service is under active development. We may add, change, or remove features, plan limits, question types, and data sources. Some features may be labeled beta or experimental. They are provided as-is and may be changed or withdrawn at any time. If we make a change that materially reduces the core features of your paid plan during a billing period, we will notify you in advance as Section 13.7 describes, and you may cancel and receive a prorated refund for the rest of that period.
15.2 Discontinuation. If we discontinue the Service entirely, we will try to give at least 30 days' notice and will refund the unused portion of prepaid subscription fees.
16. Changes to these Terms
We may update these Terms from time to time. If a change is material, we will notify you by email or in the Service at least 14 days before it takes effect, unless the change is required by law or addresses new features or security, in which case it may take effect sooner. The "Last updated" date above shows the most recent change. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and close your account. Changes do not apply to disputes that arose before the change took effect.
17. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, DATA, FORECASTS, AGGREGATES, SCORES, RANKINGS, AND RESOLUTIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DATA WILL BE ACCURATE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY FORECAST OR AGGREGATE WILL PROVE CORRECT. Nothing in this Section 17 or in Section 18 excludes or limits any warranty, right, or remedy that applicable law, including New Jersey law for New Jersey residents, does not allow to be excluded or limited, and those Sections apply only to the extent that law permits.
18. Limitation of liability
18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, PRECOGNITRADE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY. THIS INCLUDES ANY TRADING, INVESTMENT, OR OTHER FINANCIAL LOSS RESULTING FROM ACTIONS YOU TAKE OR DO NOT TAKE BASED ON THE SERVICE, even if we have been advised of the possibility of such damages.
18.2 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) US $100.
18.3 These limits apply to every theory of liability, including contract, tort (including negligence), and strict liability. They do not limit liability that cannot be limited under applicable law, such as liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence, and they do not limit consumer rights that the law does not allow to be limited.
19. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless Precognitrade and its affiliates, officers, employees, contractors, and agents from third-party claims, and from the losses, damages, and reasonable costs (including attorneys' fees) arising from them, to the extent they result from (a) Your Content, (b) your breach of these Terms, or (c) your violation of any law or third-party right. We will notify you of any such claim and may take part in the defense with counsel of our choosing.
20. Dispute resolution
20.1 Try to resolve it informally first. Before starting a court case, you and we each agree to send the other a written notice describing the dispute and the relief requested, and to try in good faith to resolve it for at least 60 days. Send notices to us at legal@precognitrade.com. We will send notices to the email address on your account. If you ask, we will also schedule a call to discuss the dispute. To the extent the law allows, the time limits for bringing the dispute are paused while we follow this process. This process does not prevent either of us from asking a court for urgent relief, such as an order to stop ongoing harm, or prevent you from filing a complaint with a government agency.
20.2 Court. If we cannot resolve the dispute informally within that period, either of us may bring it in court as described in Section 21.
20.3 Small claims. This Section 20 does not prevent either party from bringing an individual claim in small-claims court if it qualifies.
21. Governing law and venue
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws rules, and by applicable U.S. federal law. Subject to Section 20.3, any claim will be brought only in the state courts located in Hudson County, New Jersey, or in the United States District Court for the District of New Jersey, and you and we consent to their personal jurisdiction. This choice of law does not deprive you of protections under the mandatory laws of the place where you live.
22. Copyright complaints
22.1 Notices. We respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (DMCA). To report content on the Service that you believe infringes your copyright, send our designated agent a written notice that includes:
- your physical or electronic signature;
- a description of the copyrighted work you believe has been infringed;
- a description of the content you want removed, with enough detail for us to find it, such as a link;
- your name, mailing address, telephone number, and email address;
- a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law; and
- a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.
Designated agent: Copyright Agent, Precognitrade LLC, 971 US Highway 202N #7870, Branchburg, NJ 08876, +1 (201) 500-5736, copyright@precognitrade.com.
22.2 Counter-notices. If your content was removed and you believe that was a mistake or that you had authorization, you may send our agent a counter-notice as the DMCA permits.
22.3 Repeat infringers. In appropriate circumstances, we terminate the accounts of users who repeatedly infringe.
22.4 Accuracy. Knowingly misrepresenting that content infringes, or that it was removed by mistake, can make you liable for damages.
23. Export controls and sanctions
You may not use, export, or re-export the Service in violation of U.S. or other applicable export control or sanctions laws. You confirm that you are not located in a comprehensively sanctioned country or region, and that you are not on, or owned or controlled by anyone on, a U.S. government restricted-party list.
24. Electronic communications
You agree that we may send you communications electronically, by email to the address on your account or through the Service, and that those communications satisfy any legal requirement that they be in writing. We send transactional messages, such as verification codes, security alerts, account-change confirmations, billing notices, and legal notices, as part of providing the Service. You cannot opt out of them while your account is open. If we send marketing messages, you can unsubscribe at any time.
25. General terms
- Entire agreement. These Terms, together with the documents listed in Section 1.2, are the entire agreement between you and us about the Service. They replace any earlier agreements on the same subject.
- Assignment. You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate.
- Severability. If any part of these Terms is found unenforceable, that part will be enforced as far as possible, and the rest will remain in effect.
- No waiver. If we do not enforce a provision, that does not mean we have waived our right to enforce it later.
- Events beyond our control. We are not responsible for delays or failures caused by events outside our reasonable control, including outages of third-party data or infrastructure providers.
- Relationship. These Terms do not create a partnership, joint venture, employment, or agency relationship. Any contractor relationship for Indigo members is governed by the Indigo Panel Agreement.
- No third-party beneficiaries. No one other than you and Precognitrade has rights under these Terms.
- Interpretation. Headings are for convenience only. "Including" means "including without limitation." If we provide a translation of these Terms, the English version controls to the extent permitted by law.
26. Notice for California users
The Service is provided by Precognitrade LLC. You can contact us at support@precognitrade.com. Charges for paid plans are shown in the Service before you subscribe and are described in Section 13.
Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
27. Contact us
Precognitrade LLC
971 US Highway 202N #7870
Branchburg, NJ 08876
General support: support@precognitrade.com
Legal notices: legal@precognitrade.com
Reports of illegal content: abuse@precognitrade.com
Intimate-image removal requests: takedown@precognitrade.com