TERMS OF SERVICE
Last Updated: 12/23/2025
These Terms of Service (“Terms”) govern your access to and use of CalmTrade™’s websites, applications, and related services (collectively, the “Services”). “CalmTrade,” “we,” “us,” and “our” refer to Burns Capital LLC (“Company”). “You” means the individual or entity using the Services.
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
1) RELATED POLICIES
Your use of the Services is also subject to:
If there is a conflict, these Terms control unless another policy expressly states otherwise.
2) ELIGIBILITY
You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of an organization, you represent you have authority to bind that organization.
3) ACCOUNTS; SECURITY
You may need an account to access some features. You agree to provide accurate information and keep it current. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us immediately of any unauthorized use.
4) THE SERVICES ARE EDUCATIONAL; NO ADVICE; NO TRADE EXECUTION
The Services provide educational and informational insights and are not financial, investment, legal, tax, medical, or mental-health advice.
CalmTrade is not a broker-dealer or investment adviser and does not execute, route, or place trades on your behalf. Any investment decision or trade you make is solely your responsibility.
5) HEALTH DATA; WEARABLES; APPLE HEALTHKIT
a) Health Data Sources and Permissions
If you connect compatible devices or services (including Polar H10, Polar 360, and Apple HealthKit), you authorize us to access the data types you permit (such as heart rate, HRV, resting heart rate, sleep metrics, and steps) (“Health Data”).
b) Not a Medical Service
You understand the Services are not medical devices and do not provide medical advice, diagnosis, or treatment. If you have medical concerns, consult a qualified professional.
c) Storage and Sync
Health Data may be processed and stored on your device and on our servers (for example, to enable syncing across devices, backup, feature delivery, and export), as described in our Privacy Policy and Health & Biometric Data Notice.
d) Accuracy Limitations
Wearables and health platforms can produce inaccurate, incomplete, delayed, or missing data. We do not guarantee the accuracy, completeness, or timeliness of Health Data or any derived outputs.
6) BROKER SYNC (READ-ONLY) — IF/WHEN ENABLED
If you choose to connect a brokerage account for syncing, you authorize us to access, retrieve, store, and process certain account information such as account identifiers, balances, positions/holdings, and transaction history (“Brokerage Data”) solely to provide features like dashboards, syncing, and export.
Broker sync is read-only and does not permit CalmTrade to place, route, or execute trades. You can disconnect broker sync at any time through the Services or your account settings, and you may request deletion of stored Brokerage Data subject to limited legal, security, or dispute-related retention needs.
7) EXPORTS
Where the Services provide export functionality, you may export your information for your personal use. You are responsible for how you store, share, secure, and use exported data. Once exported or downloaded, that data may be outside our control.
8) SUBSCRIPTIONS; BILLING (IF APPLICABLE)
a) Paid Plans
Some features may require payment. Pricing and plan details will be presented at checkout or within the Services.
b) Auto-Renewal
Unless you cancel, subscriptions may automatically renew at the then-current rate and interval disclosed at purchase.
c) Cancellation
You can cancel according to the instructions in your account settings. Cancellation takes effect at the end of the current billing period unless stated otherwise.
d) Refunds
Refunds, if any, are governed by our refund policy or as required by applicable law. 30 days money back guarantee.
9) ACCEPTABLE USE
You agree not to:
• Use the Services for unlawful, harmful, fraudulent, deceptive, or abusive purposes
• Interfere with or disrupt the Services, systems, or security
• Attempt unauthorized access to accounts or systems
• Reverse engineer, decompile, or attempt to extract source code, except where prohibited by law
• Use scraping, bots, or automated extraction without our written permission
• Upload malware or otherwise introduce harmful code
• Infringe intellectual property rights or violate others’ privacy
10) USER CONTENT
You may submit content such as notes, tags, messages, or feedback (“User Content”).
You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting), display, and use User Content solely to operate and provide the Services and to improve them.
You represent you have the rights to provide User Content and that it does not violate law or others’ rights.
11) INTELLECTUAL PROPERTY
The Services, including software, design, text, graphics, logos, and trademarks, are owned by CalmTrade or its licensors and are protected by law. Except for the limited right to use the Services, no rights are granted to you. You may not copy, modify, distribute, sell, lease, or create derivative works from the Services except as expressly allowed.
12) THIRD-PARTY SERVICES
The Services may integrate with third-party services (including wearable providers and Apple HealthKit) and may link to third-party sites. Third-party services are governed by their own terms and policies. We are not responsible for third-party services, their availability, or their data accuracy.
13) PRIVACY
Our collection and use of personal information, including Health Data and (if enabled) Brokerage Data, are described in our Privacy Policy and Health & Biometric Data Notice.
14) TERMINATION
You may stop using the Services at any time. We may suspend or terminate your access if we reasonably believe you violated these Terms, pose a security risk, or if required by law. Upon termination, your right to use the Services ceases. Sections that by their nature should survive termination do survive (including IP, disclaimers, limitation of liability, indemnity, and dispute resolution).
15) DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BURNS CAPITAL LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUTS (INCLUDING SCORES, ALERTS, OR INSIGHTS) WILL ACHIEVE ANY PARTICULAR RESULT.
16) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALMTRADE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR TRADING LOSSES ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL BURNS CAPITAL LLC’S TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CALMTRADE FOR THE SERVICES IN THAT PERIOD OR (B) US $100.
17) INDEMNIFICATION
You agree to indemnify and hold harmless Burns Capital LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Services, (b) your User Content, or (c) your violation of these Terms or applicable law.
18) DISPUTE RESOLUTION; GOVERNING LAW; VENUE (COURTS ONLY)
a) Informal Resolution
Before filing a claim, you agree to contact us at [SUPPORT EMAIL] and attempt to resolve the dispute informally.
b) Governing Law
These Terms are governed by the laws of the State of New York and applicable United States federal law, without regard to conflict-of-law principles.
c) Venue
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.
19) CHANGES TO THE SERVICES OR TERMS
We may modify the Services and these Terms from time to time. If we make material changes, we will provide notice as required by law (for example, by posting an updated “Last Updated” date and/or providing in-app notice). Your continued use after changes become effective constitutes acceptance.
20) CONTACT
Questions about these Terms:
Burns Capital LLC
Email: joseph.burns@getcalmtrade.com