Terms of Service

Welcome to Turtleway. These Terms of Service (“Terms”) govern your access to and use of turtleway.io, the Turtleway mobile application, and any related services we offer (together, the “Service”). By using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

Please read Section 21 (Binding Arbitration and Class Action Waiver) carefully. It requires you to resolve most disputes with us through individual arbitration and waives your right to participate in a class action, unless you opt out within 30 days as described in that section.

1. Who we are

Turtleway is a brand operated by Turtleway LLC, a Hawaii limited liability company (“Turtleway,” “we,” “us,” or “our”). We operate a platform for long-term investors. We may add, change, or remove features of the Service from time to time.

2. Eligibility and accounts

You must be at least 18 years old and able to enter into a binding contract to use the Service. You are responsible for the accuracy of the information you provide and for activity that occurs under your account. If you sign in with a third-party account (such as Google), you must comply with that provider’s terms as well.

3. Account security

You are responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify us promptly at hello@turtleway.io if you suspect unauthorized access. We are not liable for losses arising from unauthorized use of your account that you could have prevented by following reasonable security practices.

4. Acceptable use

You agree not to:

• Use the Service to violate any law or the rights of others;
• Attempt to probe, scan, or test the vulnerability of the Service or breach any security or authentication measure;
• Scrape, harvest, or otherwise collect data from the Service except through features we provide for that purpose;
• Interfere with or disrupt the Service or its infrastructure;
• Upload or transmit malware, spam, or misleading content, or impersonate any person or entity;
• Use the Service to provide investment advice to others, recommend specific securities, solicit transactions, or hold yourself out as a registered investment professional unless you are licensed to do so;
• Use the Service to promote market manipulation, “pump-and-dump” schemes, insider trading, or any conduct that violates securities laws;
• Reverse engineer, decompile, or attempt to extract source code, except to the extent that applicable law expressly permits.

5. User content

You retain ownership of content you submit to the Service (“User Content”). By submitting User Content, you grant Turtleway a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for formatting), publish, display, and distribute it as needed to operate, promote, and improve the Service. You represent that you have the rights necessary to grant this license and that your User Content does not violate these Terms or applicable law.

6. Community guidelines and moderation

The Service may include features that allow users to post, share, or comment on content. We are not obligated to monitor User Content, but we may, at our sole discretion and without notice, review, edit, refuse to post, or remove any User Content that we believe violates these Terms, our community guidelines, or any applicable law, or that we otherwise find objectionable. We may also suspend or terminate accounts of users who violate these standards. We are not responsible for User Content posted by others, and you use the Service’s community features at your own risk.

7. Copyright complaints (DMCA)

We respect intellectual property rights and respond to clear notices of alleged copyright infringement under the Digital Millennium Copyright Act (“DMCA”). If you believe content on the Service infringes your copyright, please send a written notice to our registered Designated Agent:

Turtleway DMCA Agent
Turtleway LLC
438 Hobron Ln, PH1
Honolulu, HI 96815, USA
Email: dmca@turtleway.io

Our Designated Agent is registered with the U.S. Copyright Office and listed in the public DMCA Designated Agent Directory. Your notice must include:

• Your physical or electronic signature;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it;
• Your contact information, including address, telephone number, and email;
• A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

We may terminate the accounts of users we determine to be repeat infringers.

8. Feedback

If you send us suggestions, ideas, or other feedback about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback for any purpose, without obligation or attribution to you.

9. Our intellectual property

The Service, including its design, text, graphics, logos, and software, is owned by Turtleway or its licensors and is protected by intellectual property laws. “Turtleway” and the Turtleway logo are trademarks of Turtleway LLC. Except for the limited right to use the Service as permitted by these Terms, no rights are granted to you in the Service or our intellectual property.

10. Third-party services

The Service may integrate with third-party services, including Google. Your use of those services is governed by their own terms and privacy policies. We are not responsible for the content, practices, or availability of third-party services.

11. Mobile applications and app stores

If you download the Turtleway mobile application from the Apple App Store or Google Play, you acknowledge and agree that:

• These Terms are between you and Turtleway only, and not with Apple Inc. or Google LLC (each, an “App Store Provider”);
• Turtleway, not the App Store Provider, is solely responsible for the Service and its content, including any maintenance and support;
• The App Store Provider has no obligation to furnish any maintenance or support services and no warranty obligations with respect to the Service;
• If the Service fails to conform to any applicable warranty, you may notify the App Store Provider and, where applicable, it will refund the purchase price you paid (if any). To the maximum extent permitted by law, the App Store Provider has no other warranty obligation;
• Any claim that the Service or your use of it infringes a third party’s intellectual property rights is the sole responsibility of Turtleway and not the App Store Provider;
• You will comply with all applicable third-party terms when using the Service (for example, the Apple Media Services Terms or Google Play Terms of Service);
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties;
• The App Store Provider is a third-party beneficiary of these Terms and may enforce them against you with respect to your use of the Service.

12. Beta features

We may offer features that are in beta, preview, or otherwise identified as unsupported. These features are provided “as is” and may be modified or discontinued at any time. We may also add, change, or remove features of the Service at any time. Information about unreleased features may be confidential, and you agree not to publicly disclose it without our prior written consent.

13. Not financial, investment, legal, or tax advice

The Service provides research tools, educational content, and community features for informational purposes only. Turtleway is not a registered investment adviser, broker-dealer, financial planner, or other regulated financial institution, and we do not act as a fiduciary to you. Nothing on the Service is, or should be construed as, financial, investment, legal, tax, or accounting advice, or as an offer or solicitation to buy or sell any security or other financial instrument.

Any content you encounter on the Service, including content posted by other users, reflects only the views of its author and is not endorsed by Turtleway. All investing involves risk, including the possible loss of principal. Past performance is not indicative of future results. You are solely responsible for your own investment decisions and for evaluating the merits and risks associated with any information on the Service. You should consult a licensed professional before acting on any information you find here.

14. Disclaimer of warranties

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Turtleway does not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that any content on the Service is accurate, complete, or current.

15. Limitation of liability

To the fullest extent permitted by law, Turtleway and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, or any investment losses, arising out of or in connection with your use of the Service. Our aggregate liability for any claim arising out of or relating to the Service will not exceed one hundred US dollars ($100) or the amount you paid us, if any, in the twelve months before the event giving rise to the claim, whichever is greater. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the limitations above may not apply to you in full.

16. Indemnification

You agree to indemnify and hold Turtleway, its affiliates, and their respective officers, employees, and agents harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service, your User Content, or your violation of these Terms or applicable law.

17. Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms, created risk or legal exposure for Turtleway, or if we discontinue the Service. Sections of these Terms that by their nature should survive termination will survive, including Sections 5, 8, 9, 13–16, and 18–26.

18. Electronic communications

By using the Service, you consent to receive communications from us electronically, including by email and through the Service. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

19. Informal dispute resolution

Before filing any claim against Turtleway, you agree to first try to resolve the dispute informally by sending a written notice to legal@turtleway.io describing the nature of your claim and the relief you seek. The parties will attempt in good faith to resolve the dispute within 60 days after the notice is received. If the dispute is not resolved within that period, either party may proceed under Section 21 (Binding Arbitration). This requirement does not bar either party from seeking emergency injunctive relief.

20. Governing law and venue

These Terms are governed by the laws of the State of Hawaii, United States, without regard to conflict-of-laws principles. Subject to Section 21 (Binding Arbitration), the exclusive venue for any dispute arising out of these Terms or the Service that is not subject to arbitration will be the state and federal courts located in Honolulu, Hawaii, and you consent to personal jurisdiction in those courts.

21. Binding arbitration and class action waiver

Please read this section carefully. It affects your legal rights, including your right to a jury trial and to participate in a class action.

Except for disputes that qualify for small-claims court and except for either party’s right to seek injunctive or other equitable relief in court for actual or threatened infringement of intellectual property rights, you and Turtleway agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in Honolulu, Hawaii, or, at your election, by telephone or video conference, or based only on written submissions. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver.You and Turtleway agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative proceeding. If this class action waiver is found to be unenforceable as to any claim, then that claim will be severed from arbitration and brought in the courts identified in Section 20, while all other claims will proceed in arbitration.

Jury trial waiver. If for any reason a claim proceeds in court rather than in arbitration, you and Turtleway each waive any right to a jury trial.

30-day right to opt out. You may opt out of this arbitration agreement by sending a written notice to legal@turtleway.io within 30 days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

This arbitration agreement is governed by the Federal Arbitration Act.

22. Time limit on claims

To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the cause of action accrues; otherwise, that claim is permanently barred.

23. Force majeure

Turtleway is not liable for any failure or delay in performing under these Terms caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, epidemics, internet or telecommunications failures, or third-party service outages.

24. Export controls and sanctions

You agree to comply with all applicable U.S. and international export control and sanctions laws. You represent that you are not located in, and are not a national or resident of, any country subject to U.S. embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

25. General provisions

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Turtleway regarding the Service and supersede any prior agreements. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. Section headings are for convenience only and have no legal effect.

26. State-specific notices

California residents. Under California Civil Code §1789.3, California users are entitled to the following consumer rights notice: if you have a question or complaint regarding the Service, please contact us at hello@turtleway.io. California residents may also 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 (800) 952-5210.

27. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and, where appropriate, notify you by email or through the Service. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

28. Contact us

Questions about these Terms? Email hello@turtleway.io. Legal notices should be sent to legal@turtleway.io, or by mail to:

Turtleway LLC
438 Hobron Ln, PH1
Honolulu, HI 96815, USA