Terms and Conditions

Terms and Conditions

When you access our websites, applications, and other online services (collectively referred to as “Flameback Platforms”), you are interacting with services owned and operated by Flameback Capital, which includes Flameback Capital USA, Inc., a wholly-owned subsidiary of Flameback Capital Private Limited, a company incorporated in India. Flameback Capital USA, Inc. is currently as an “Internet Investment Adviser.”

Your use of Flameback Platforms is governed by these terms and conditions, as well as other policies and all applicable laws. Before using Flameback Platforms, please review the Terms of Service carefully, along with the Privacy Policy, Cookie Policy, disclosures, and disclaimers available on the website. These policies may be updated by us without prior notice, so it is important to review them regularly. By accessing Flameback Platforms, you agree to the Terms of Service without limitation or qualification.

Minimum Age

Flameback Platforms are intended for users who are 18 years of age or older. By using Flameback Platforms, you confirm that you are at least 18 years old and have the legal capacity to enter into and comply with the contract established by these Terms of Service.

Acceptance of Terms

By accessing Flameback Platforms, you agree to comply with our Terms of Use, whether you are visiting as a ‘Guest’ (browsing Flameback Platforms) or as a ‘Registered User’ as a client or prospective client. The latest version of the Terms will govern your use each time you visit, so it’s important to review them before continuing to use Flameback Platforms.

You also agree to adhere to all relevant laws, including but not limited to privacy laws, intellectual property laws, anti-spam laws, tax laws, and regulatory obligations. Additionally, you agree to use Flameback Platforms exclusively for your personal, non-commercial purposes and will refrain from any attempts to disrupt or interfere with the Platform’s operation.

Informational Purposes Only

Flameback Capital provides Flameback Platforms for informational purposes only. The information contained here is subject to change without notice and should not be considered a solicitation to buy or sell any securities or other investments.

Investment Advice Only After Client Due Diligence and Limited

We recommend suitable investment strategies and portfolios only after assessing our client’s investment objectives, risk tolerance, preferences, and other relevant information, and according to a signed investment advisory agreement. Our investment advice is accessible only after the user is registered on Flameback Platforms.

Our investment advice is limited to our investment strategies and does not extend to personalized financial planning, insurance advisory, tax, retirement, or estate planning services. See the Terms of Use, Disclosure, and Privacy Policy for more details.

Restrictions

When using Flameback Platforms, you must comply with all relevant laws, including the regulations of the U.S. Securities and Exchange Commission, as well as any applicable foreign or domestic regulatory bodies and securities exchanges. This includes adhering to rules that prohibit making false or misleading statements to manipulate the price of a security. Regarding content on Flameback Platforms that is owned or controlled by Interactive Advisors, you must not, and must not allow others to:

  • Store, copy, alter, distribute, or resell any information or compile it as part of a database or other work;
  • Use any automated tools to interact with Flameback Platforms or to store, copy, alter, distribute, or resell any information;
  • Rent, lease, or sub-license your access to Flameback Platforms to another person;
  • Use Flameback Platforms or the information for any purpose other than your own personal use;
  • Bypass or disable any digital rights management, usage restrictions, or other security measures on Flameback Platforms;
  • Use Flameback Platforms in a way that could compromise its integrity, performance, or availability; or
  • Remove, alter, or obscure any proprietary notices (including copyright notices) on any part of Flameback Platforms or the information.
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone’s use of the Flameback Platforms, or which, as determined by us, may harm the Company or users of the Flameback Platforms, or expose them to liability.
  • Attack the Flameback Platforms via a denial-of-service attack or a distributed denial-of-service attack.

Intellectual Property Rights

The Flameback Platforms and their entire content, features, and functionalities (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Flameback Platforms for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Flameback Platforms, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Flameback Platforms Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Flameback Platforms or any services or materials available through the Flameback Platforms.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Flameback Platforms in breach of the Terms of Use, your right to use the Flameback Platforms will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Flameback Platforms or any content on the Flameback Platforms is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Flameback Platforms not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Secured Areas

Access to password-protected and/or secure sections of Flameback Platforms is limited to authorized users only. Any unauthorized attempts to enter these areas may result in legal consequences.

Limitations of Information Provided

  • Timeliness and Accuracy of Information:
    The information provided on Flameback Platforms may not always be up-to-date, accurate, or complete. It should not be relied upon for making any decisions.
  • Dependence on External Vendors:
    Flameback Platforms rely on external vendors and service providers for maintaining and communicating data and information in real-time. Flameback Capital disclaims all responsibility for any delay or failure due to technical problems under the control of external vendors and service providers.
  • Pricing and Valuation:
    Prices used to value individual positions and calculate overall account valuation are updated daily, not intra-day. Certain transactions, such as corporate actions, are updated upon receipt and may be less frequent than daily.
  • Account Information:
    The client account information available on Flameback Platforms is not the official record of your underlying brokerage account positions.
  • Opinions and Content:
    Flameback Platforms may contain opinions about companies, products/services, securities, portfolios, transactions, and investment strategies. These opinions, especially when provided by third parties, reflect the views of the author alone. We reserve the right to remove such content at our discretion, primarily for regulatory reasons. However, we do not guarantee action in response to content review requests.
  • Reporting Violations:
    If you believe that any information on Flameback Platforms contains misappropriated content or violates any law, rule, or regulation, please notify customer service by emailing: us.support@flamebackcapital.com
  • Performance Information:
    Any performance data presented on Flameback Platforms is historical and does not guarantee future results. Performance can vary significantly based on the timing of investments and other factors.
  • Product and Service Availability:
    Not all products or services described on Flameback Platforms are available to all users or in all areas of the United States or other parts of the world. Eligibility for these products or services is determined at our discretion.
  • Third-Party Links:
    Your use of hyperlinks on Flameback Platforms to other websites is at your own risk. We are not responsible for the content of third-party sites linked from Flameback Platforms and do not endorse or provide any warranties regarding their content, products, or services.
  • Security of Third-Party Sites:
    We do not warrant that third-party websites or their content are free of viruses or other contamination. We also do not guarantee the authenticity of documents available on the Internet.
  • Right to Terminate Links:
    We reserve the right to terminate any link on Flameback Platforms at any time.

Investment Risk Warning

  • The value of investments can go down as well as up, and the value of your portfolio at any given point in time cannot be guaranteed.
  • Upon withdrawal or transfer of your portfolio, you may not realize the sum originally invested.
  • Investments in securities are subject to market and other risks, and there is no assurance that the objectives of the trading strategies will be achieved.
  • Flameback Platforms or any brand name or term is only the name of the website and does not indicate the quality of the advice or its prospects and returns.
  • ‘Trading Strategy’ or the use of words like “Quality,” “Momentum,” “Rapidfire,” “Cruise,” or “Bulls Eye,” among others, are branding terms and do not indicate the quality or future prospects of advice.
  • Flameback Capital or Flameback Platforms are not responsible for any loss or shortfall resulting from the information provided or the operation of the Services.
  • Clients of any Flameback Capital or Flameback Platforms products or services are not being offered any guaranteed/assured returns.
  • Past performance is not indicative of future performance.

Disclosures Related to Using Historical Simulation or Back-Testing Data

  • Backtest results can vary significantly from actual performance or real market conditions.
  • While we take great care to ensure our backtests are accurate, we cannot guarantee their accuracy.
  • Backtests are for informational purposes and are a first step in understanding and developing an investment strategy. They cannot be the sole basis for investing.
  • Hypothetical backtested performance does not represent actual trading results using client assets and does not predict future performance.
  • Actual implementation of a strategy may differ from backtests due to changes in strategy, ongoing research, and market dynamics.
  • Simulated returns depend on the market and economic conditions during the period. Future conditions may adversely affect returns.

Limitation of Warranties

  • Services provided through and information contained on Flameback Platforms are provided ‘as is’ and ‘as available.’ Flameback Capital makes no, and hereby disclaims any, warranty of any kind, express or implied, including but not limited to the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
  • Further, Flameback Capital disclaims any warranty that Flameback Platforms will always be available or will operate without interruption or error. Flameback Capital makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the services or information provided through Flameback Platforms.

Limitation of Liabilities

  • Flameback Capital and its employees shall not be liable for any damages you may suffer or cause through your use of Flameback Platforms, even if advised of the possibility of such damages.
  • Flameback Capital and its employees shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use Flameback Platforms.
  • These limitations apply whether the asserted liability or damages are based in contract (including, but not limited to, breach of warranty), tort (including, but not limited to, negligence), or any other legal or equitable grounds.

Additional Limitation of Liability

  • Trading on the stock market involves a high degree of risk. You alone bear full responsibility for the outcomes of all trading decisions you make, including but not limited to the loss of investment.
  • Flameback Capital does not guarantee or warrant that by replicating the trading patterns displayed on Flameback Platforms, or otherwise communicated by Flameback Capital, you would achieve profits. The information contained in historical or backtest performance indicators should not be construed as an assurance, representation, warranty, or guarantee that you are likely to achieve similar profitability on your investments.
  • You further acknowledge that any prediction made on Flameback Platforms regarding the direction of the stock market or individual stocks may prove to be incorrect. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RETURNS.
  • You agree that any detriment or loss suffered due to your inability to obtain order fills in the stock market (i.e., fulfillment of an order to replicate a trade as notified by Flameback Capital) is entirely out of the control of Flameback Capital, which bears no responsibility or liability for the same.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Flameback Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE FLAMEBACK PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FLAMEBACK PLATFORMS OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY FLAMEBACK PLATFORMS LINKED TO IT.

YOUR USE OF THE FLAMEBACK PLATFORMS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FLAMEBACK PLATFORMS IS AT YOUR OWN RISK. THE FLAMEBACK PLATFORMS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FLAMEBACK PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE FLAMEBACK PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE FLAMEBACK PLATFORMS, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FLAMEBACK PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE FLAMEBACK PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FLAMEBACK PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Responsibility for Links

Flameback Capital is not responsible for any links to or from other sites. Flameback Platforms may contain links to other sites, and other sites may provide links to Flameback Platforms. These links are provided for your convenience only. Flameback Capital does not control these other sites and assumes no liability or responsibility for them, including any content or services provided by such sites. You should not consider any link to or from another site as an endorsement of that site by Flameback Capital unless expressly stated.

  • You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Severability

These Terms are severable to the extent any term is deemed invalid, illegal, or unenforceable. Flameback Capital’s failure to enforce any provision of these Terms shall not be deemed a waiver of that or any other provision of these Terms.

Amendments

Flameback Capital reserves the right to modify these Terms. Flameback Capital shall notify you of such changes via an e-mail to your registered email address.

Governing Law Law

Any matters relating to the Flameback Platforms and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Information for Foreign Investors

This website and the information contained here are intended for customers and prospective customers who are residents of India and the United States. We also accept residents of the Philippines, United Arab Emirates (UAE), and other jurisdictions as clients, without active solicitation, subject to local regulatory restrictions. Nothing on this website shall be considered a solicitation to buy or an offer to sell a security, product, or service, or an advertisement to any person in any jurisdiction where such solicitation, offer, purchase, sale, or advertisement would be unlawful. This website has been published in India exclusively in English and is intended to provide information in compliance with applicable United States laws and regulations.

Termination

Flameback Capital reserves the right to terminate or temporarily suspend your access to any or all parts of Flameback Platforms without prior notice for conduct that it believes violates these Terms of Use, any of its policies or guidelines, or for any other reason at its sole discretion.

Trademarks and Proprietary Rights

Flameback Platforms and the information they contain include copyrighted material, trademarks, and other proprietary information, including text, graphics, and software. Flameback Capital owns the copyright to Flameback Platforms and any original information provided by Flameback Capital. Each participant or third-party provider of information retains the copyright to their original content. Except as allowed under copyright law, you may not copy, redistribute, publish, or commercially exploit Flameback Platforms, any part of Flameback Platforms, or any of the information without the express written consent of the respective owner(s). Flameback Capital’s trademarks, including service marks and logos, are the property of Flameback Capital. All other trademarks appearing on Flameback Platforms are the property of their respective owners. Nothing on Flameback Platforms should be interpreted as granting any license or right to use the trademarks or logos displayed on Flameback Platforms without the express written consent of the owner.

General

These Terms of Use apply solely to Flameback Platforms and how they are used as described here. Other websites, products, and services offered by Flameback Capital or its affiliates may be governed by separate terms and conditions as indicated on those platforms or in the related documentation.