Thank you for your interest in using the online services operated by Pluto Capital, Inc. (“Pluto”) and offered through the website located at https://www.pluto.fi (“Pluto Site”). Pluto’s algorithmic trading platform empowers retail traders with an all-in-one experience from strategy creation and backtesting to cloud strategy hosting and live trading.
PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT REQUIRING ANY DISPUTE BETWEEN YOU AND PLUTO, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES IN THE “BINDING ARBITRATION & CLASS ACTION WAIVER” SECTION BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT.
BINDING ARBITRATION & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
Pluto is committed to customer satisfaction, so in the event of dispute, claim, or controversy arising out of or relating to any part of these Terms, or the existence, breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), please contact us at Pluto Capital, Inc. 6601 Center Dr W Suite N, Los Angeles, CA 90045 and we will try to resolve your concerns through informal negotiation within 60 days from the date of the notice of Dispute is received. If we are unsuccessful after 60 days, you may pursue claims as explained in this section.
Notice of Dispute: If any party intends to seek arbitration, the party seeking arbitration must first notify the other party of the Dispute in writing. Notice should be sent to Pluto Capital, Inc. 6601 Center Dr W, Suite N, Los Angeles, CA 90045. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested.
Mandatory Binding Arbitration: By agreeing to these Terms, you agree that any Dispute shall be finally settled by binding individual arbitration in accordance with the rules and procedures of the American Arbitration Association (“AAA”), and not in a court of law in any jurisdiction, and not in a class, representative, or consolidated action or proceeding, as further set forth below. You and Pluto agree that one arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Judgment of the award rendered by the arbitrator may be confirmed, reduced to judgment, and entered in any court of competent jurisdiction as necessary to protect Pluto’s rights or its property or those of its agents, suppliers, and subcontractors.
Class Action Waiver: You acknowledge and agree that you and Pluto are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Pluto agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section will be deemed null and void and you and Pluto will be deemed to have not agreed to arbitrate disputes on a class basis. Notwithstanding your and Pluto’s agreement to resolve all Disputes through arbitration, you and Pluto each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Rules, Procedures, and Governing Law: The arbitration will be administered by the AAA under its Consumer Arbitration Rules and any supplementary rules then in effect (“AAA Rules”), except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. Notwithstanding any choice of law or other provision in the Terms, you and Pluto agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of you and Pluto that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, that issue will be resolved under the laws of the State of California, without regard to its conflict of laws provisions.
A party who desires to initiate an arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact AAA for more information on how to commence an arbitration proceeding at www.adr.org or 1-800-778-7879.
For claims under $10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If your claim is at or above $10,000, your right to a hearing will be determined by the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. We will reimburse those fees for claims totaling less than $10,000, unless the arbitrator finds your Dispute frivolous.
Changes to Arbitration Agreement: Notwithstanding the provisions of this Section, if Pluto changes any of the terms of this Section after the date you first accepted the Terms (or accepted any subsequent changes to the Terms), you may reject any such change by providing Pluto written notice of such rejection within thirty (30) days after the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either by email at email@example.com. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Pluto in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
Opt-out procedure: You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within thirty (30) days following the date you first agree to these Terms by email to firstname.lastname@example.org or by mail at Pluto, Inc., c/o Legal Department, 6601 Center Dr W, Suite N, Los Angeles, CA 90045. If mailed, the Opt-Out Notice must be post-marked no later than thirty (30) days following the date you first agree to these Terms. To be effective, your Opt-Out Notice must contain your name, address, and signature. If you opt out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
1. Your Account. In order to access the Pluto Services, you will have to create a Pluto account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account password, and you are solely responsible for all activities that occur through your account. You agree to immediately notify Pluto of any breach or unauthorized use of your account. Pluto reserves the right to require you to alter your password if Pluto believes that your password is no longer secure. You agree that you will be solely responsible for any loss or damage you suffer as a result of your failure to adequately safeguard your account information and may also be liable for the losses of Pluto or others due to such failure.
2. Your Responsibilities and Restrictions. As between you and Pluto, you are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Pluto Services and for paying all charges related thereto. You agree not to use the Pluto Services in any unauthorized way whatsoever, including for any illegal purpose or in a manner that would infringe or violate the rights of any other party, and that Pluto is not in any way responsible for any such use or exploitation by you.
You agree not to use the Pluto Services to: (i) transmit any content that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, illegal in any applicable jurisdiction, infringing of any party’s proprietary rights, or otherwise objectionable; (ii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iii) transmit any content or other material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) stalk, harass, or harm another individual; (v) interfere with or disrupt the Pluto Services or servers or networks connected to the Pluto Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Pluto Services.
You agree not to alter or modify any part of the Pluto Services or distribute in any medium any part of the Pluto Services (other than Your Content) without Pluto’s prior written authorization or the written authorization of the copyright owner of such Content, unless Pluto makes available the means for such distribution through functionality offered by the Pluto Services.
3. Personal, Non-Commercial Use Only. You agree to use the Pluto Services only for your personal, non-commercial use.
4. Copyrights; Restrictions on Use. The content on the Pluto Services (“Content”), including without limitation, the text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Pluto or its licensors. Other than with respect to your own Your Content, (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Pluto and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
5. Your Content. As between Pluto and you, you own all rights to any Content you submit for display or distribution to others through the Pluto Services (“Your Content”). However, you hereby grant to Pluto an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license, with the right to sublicense through multiple tiers and transfer, to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform, and publicly display Your Content in any format or medium now known or later developed for the purpose of promoting and advertising the Pluto Services and Pluto’ business. Pluto reserves the right to display advertisements and sponsorships in connection with Your Content on the Pluto Services.
You hereby grant each user of the Pluto Services a non-exclusive license to access Your Content through the Pluto Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Pluto Services, under these Terms.
You agree that you are solely responsible for Your Content. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and distribute Your Content and you hereby grant Pluto a license under all patent, trademark, trade secret, copyright or other proprietary rights in and to Your Content for publication and distribution on the Pluto Services pursuant to these Terms. You represent and warrant that Your Content will not contain any third party copyrighted material unless you have obtained the owner’s permission to include that material in and Pluto’s and users’ authorized use of Your Content does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). Pluto reserves the right, in its sole discretion and without notice to you, to remove any of Your Content from the Pluto Services.
6. Intellectual Property Infringement Claims – DMCA Notice. It is Pluto’s policy to respond expeditiously to claims of intellectual property infringement. Pluto will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you are a copyright owner or agent thereof and believe that content posted on the Pluto Site infringes upon your copyright, please submit a notice which includes the following information to the address set forth below:
(a) Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”)
(b) Identify the content that is claimed to infringe upon the copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Pluto Site. You should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
(c) Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email;
(d) If available, provide information sufficient to permit Pluto to notify the alleged infringer (email address preferred);
(e) Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
(f) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
(g) Include the electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner.
Pluto Capital, Inc.
Attn: Registered Copyright Agent
6601 Center Dr W
Los Angeles, CA 90045
Email Address: email@example.com
7. Feedback. If you choose to provide technical, business or other feedback to Pluto concerning the Pluto Services or any Pluto products or services (collectively, “Feedback”), Pluto will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by Pluto of Feedback into any of its products or services does not grant you any proprietary rights therein.
8. Termination and Suspension. Without limiting other remedies, Pluto may terminate or suspend your Pluto Services membership or suspend your access to all or part of the Pluto Services without notice if Pluto determines, in its sole and absolute discretion, that you have violated these Terms or have engaged in any conduct that Pluto believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Pluto, any other Pluto Services user, or any third party. You may discontinue your participation in and access to the Pluto Services at any time.
9. Modifications To Terms. Pluto reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms at any time by posting a notice on the Pluto Site or by other means of electronic communication. Unless otherwise indicated, such changes will become effective immediately. It is your responsibility to review these Terms periodically for changes. Your continued use of the Pluto Services following the posting or other provision of any updated Terms will constitute your acceptance of such updated Terms and those updated Terms e will apply to your continued use of the Pluto Services going forward. Your use of the Pluto Services is subject to the Terms in effect at the time of your use.
10. Modifications To Pluto Services. Pluto reserves the right to modify or discontinue the Pluto Services with or without notice to you.
11. Fees. Pluto reserves the right at any time to charge fees for access to new Pluto Services or to portions of the existing Pluto Services or to the Pluto Services as a whole. In no event will you be charged for access to any Pluto Services, or to the Pluto Services as a whole, unless Pluto obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
12. Third Party Services; Integration and Links. Pluto may integrate with or provide links to certain third party Internet sites and services (collectively, such third parties, “Partners”). The Partner services made available through the Pluto Services or the integration of such sites and services with the Pluto Services are for your convenience only and do not signify the endorsement by Pluto of such Partner sites or services. YOU AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PLUTO WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACTS OR OMISSIONS BY PARTNERS, ANY PARTNER SERVICES OR SITES, OR ANY INFORMATION OR OTHER MATERIALS FOUND AT ANY OTHER WEBSITE OR INTERNET RESOURCE.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
a. YOU ACKNOWLEDGE THAT PLUTO IS SOLELY A TECHNOLOGY PROVIDER, AND NOT AN INVESTMENT ADVISER OR BROKER-DEALER. IT IS YOUR RESPONSIBILITY TO EVALUATE THE TECHNOLOGY LICENSED TO YOU BY PLUTO AND TO MODIFY THAT TECHNOLOGY AS YOU SEE FIT FOR YOUR PURPOSES. PLUTO DOES NOT MAKE RECOMMENDATIONS OF SECURITIES, INVESTMENT STRATEGIES OR ACCOUNT TYPES, EITHER IN GENERAL, OR INDIVIDUALIZED FOR THE NEEDS OF ANY PARTICULAR USER. INVESTING INVOLVES RISK, INCLUDING RISK OF LOSS, AND YOU SHOULD NOT USE THE PLUTO TECHNOLOGY IN CONNECTION WITH INVESTMENTS UNLESS YOU ARE ABLE AND INTEND TO EVALUATE THE TECHNOLOGY, TO EVALUATE THE RISKS, AND TO MAKE YOUR OWN SELF-DIRECTED INVESTMENT DECISIONS. PLUTO ALSO DOES NOT PROVIDE LEGAL OR TAX ADVICE.
b. YOU EXPRESSLY AGREE THAT USE OF THE PLUTO SERVICES IS AT YOUR SOLE RISK. THE PLUTO SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLUTO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLUTO SERVICES AND ALL PARTNER SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, YOUR DOCUMENTS AND FILES) STORED BY YOU OR OTHERS ON THE PLUTO SERVICES IS NOT GUARANTEED AND THAT PLUTO WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE PLUTO SERVICES OR ITS UNAVAILABILITY. YOU UNDERSTAND AND AGREE THAT ANY DATA, SERVICES AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLUTO SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLUTO OR THROUGH THE PLUTO SERVICES WILL CREATE ANY WARRANTY FROM PLUTO NOT EXPRESSLY MADE HEREIN.
c. UNDER NO CIRCUMSTANCES WILL PLUTO OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE PLUTO SERVICES.d. IF, NOTWITHSTANDING THESE TERMS, PLUTO IS FOUND TO BE LIABLE, LIABILITY OF PLUTO AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS TO YOU OR TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
14. Disclaimer of Warranties. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Pluto may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Pluto’ liability will be the minimum permitted under such applicable law.
15. Indemnification. You agree to indemnify, defend, and hold harmless Pluto and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Pluto reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Pluto’ defense of such claim.
16. Trademarks. “Pluto” and the Pluto logo, and certain other of the names, logos, and materials displayed in the Pluto Services, may constitute trademarks, trade names, or service marks (“Marks”) of Pluto or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Pluto or those other entities.
17. Notices and Questions. Except as explicitly stated otherwise in these Terms, (a) any notices provided by us may be made by an updated posting on the Pluto Services or by mail or email to the most recent address or email address associated with your account; and (b) all notices under these Terms must be in writing and will be deemed to have been duly given: (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by e-mail; or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. You hereby agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may contact Pluto at:
Pluto Capital, Inc.
Email Address: firstname.lastname@example.org
Pluto Capital, Inc.
Attn: Customer Support
6601 Center Dr W
Los Angeles, CA 90045
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in any email to us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
18. Assignment. You may not assign your rights or obligations hereunder without Pluto’s express prior written consent. Pluto may assign, transfer, or delegate any of our rights and obligations hereunder without your consent. Any assignment or transfer or purported assignment or transfer in violation of this Section is null and void. These Terms shall be binding upon the permitted heirs, successors, and assigns of the parties hereto.
19. Miscellaneous. These Terms, together with any additional terms to which you agree when using particular elements of the Pluto Services (e.g., terms relating to the payment of fees for certain Pluto Services content or services), constitute the entire and exclusive and final statement of the agreement between you and Pluto with respect to the subject matter hereof, and govern your use of the Pluto Services, superseding any prior agreements or negotiations between you and Pluto with respect to the subject matter hereof. These Terms and the relationship between you and Pluto will be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. The failure of Pluto to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Pluto and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Pluto Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the Pluto Services.
20. Date Last Modified. These Terms were last modified on April 6th, 2022.
Pluto does not provide personalized financial advice and does not issue recommendations or offers to buy stock or sell any security.
© 2022 Pluto Capital, Inc. DBA Pluto