1. Agreement and eligibility
These Terms & Conditions (“Terms”) govern your access to and use of Portfolio Builder, Portfolio Genie, EPARCS and related BKI Technologies Inc. interfaces (collectively, the “Platform”). By accessing or using the Platform, you agree to these Terms. You must have legal capacity to enter into these Terms and must use the Platform only for lawful purposes. The Platform is operated by BKI Technologies Inc. and its related entities. Our contact address for contractual or service enquiries is portfoliobuilder@blackkomodoinvestments.com. Governing law and dispute resolution are set out in Section 26; nothing in these Terms limits consumer or privacy rights that cannot lawfully be excluded in your country of residence.
2. Nature of the Platform
The Platform is financial technology and analytical software. It may construct hypothetical portfolios, classify risk responses, analyse securities and portfolios, compare alternative allocations, display market information, and run historical backtests, simulations and scenario analyses. Platform outputs are generated from user inputs, methodologies, models and third-party information and may change as those inputs or methodologies change.
3. Information only — no investment advice
All portfolio constructions, suggested alternatives, risk profiles, security analyses, buying zones, support or resistance levels, simulations, backtests, market-cycle explanations, news, charts, rankings, metrics and other outputs are provided solely for informational and educational purposes. Nothing on the Platform constitutes investment, financial, legal, accounting or tax advice; a personal recommendation; investment research prepared for a particular recipient; an offer or solicitation to buy, sell or hold a security or financial instrument; or a representation that any investment, allocation or strategy is suitable or appropriate for you.
4. No advisory, fiduciary, brokerage or custody relationship
Use of the Platform, creation of an account, completion of a risk profiler, or generation of a portfolio does not by itself establish an investment-management, investment-advisory, fiduciary, brokerage, dealing, execution, banking, custody or other regulated professional relationship with BKI Technologies or any affiliated entity. Any separate regulated service or professional relationship exists only where expressly established under a separate written agreement with the relevant regulated entity and remains subject to that agreement and applicable law.
5. Risk profiler limitations
The Risk Profiler is an informational modelling tool based on the responses you provide. A resulting risk classification is not a comprehensive suitability, appropriateness, financial-planning or know-your-client assessment and may not reflect your complete assets, liabilities, income, liquidity requirements, investment horizon, tax circumstances, experience or ability to bear loss. You should not rely on a risk score as the sole basis for an investment decision.
6. Investment and market risk
All investing involves risk, including volatility and possible loss of some or all invested capital. Securities, sectors, currencies and markets may move rapidly. Diversification does not eliminate loss. No portfolio construction, risk classification, indicator or analytical output can guarantee a return, limit a loss or predict future market behaviour.
7. Backtests, simulations and hypothetical results
Backtests, stress tests, simulations and alternative-portfolio comparisons are hypothetical or historical analytical exercises. They are not actual trading results and may benefit from hindsight. They may not reflect transaction costs, bid-ask spreads, taxes, market impact, liquidity constraints, corporate actions, execution delays, portfolio cash flows, investment restrictions or other real-world conditions. Past performance and simulated or hypothetical performance are not reliable indicators or guarantees of future results.
8. Market data, news and analytical limitations
Market prices, company information, news and other information may be supplied by third parties and can be delayed, incomplete, unavailable or inaccurate. Calculations may contain errors or be affected by missing observations, stale securities, changes in data-provider methodology or software defects. Market-context explanations are interpretations of available information, not statements of fact about causation and not forecasts.
9. User responsibility
You are solely responsible for evaluating Platform information and deciding whether to act on it. Before making an investment or financial decision, you should consider your own objectives, circumstances, liquidity needs, tolerance and capacity for loss and obtain independent professional advice where appropriate. You are responsible for verifying material information from appropriate primary or professional sources.
10. Accounts and workspaces
You are responsible for safeguarding your credentials and activity under your account. One credential may provide access to separate Portfolio Builder and Portfolio Genie workspaces, each of which may retain different portfolio information. You must provide information you are authorised to submit and must not attempt to gain unauthorised access, interfere with the Platform, scrape restricted functionality, bypass controls or introduce malicious code.
11. Uploaded content
You retain responsibility for portfolio screenshots, holdings information and other content you submit. You represent that you have the right to provide that content for processing. You should remove unnecessary personal, account-number or confidential third-party information before uploading images or documents. Uploaded portfolio image files are used to extract holdings and are not retained as images after processing; the extracted text, corrected holdings and analysis may be retained as described in the Privacy Notice. Automated extraction may be inaccurate and you are responsible for reviewing extracted holdings before relying on subsequent analysis.
12. Third-party services and infrastructure
The Platform uses hosting and infrastructure services, including Google Cloud, and may use third-party database, authentication, payment-processing, market-data, news, software, security and monitoring providers. These providers may have separate terms. To the maximum extent permitted by applicable law, BKI Technologies is not responsible for outages, data errors or third-party changes outside its reasonable control. Applicable consumer rights and legal obligations are unaffected.
13. Availability and changes
We may modify, suspend, discontinue or restrict any feature or the Platform, and may perform maintenance, without guaranteeing uninterrupted availability. We may change analytical methodologies, supported securities, data providers and product functionality as the Platform develops.
14. Ownership and intellectual property
As between you and BKI Technologies Inc., all right, title and interest in and to the Platform and all proprietary technology, content and materials embodied in, used by, displayed through or developed for the Platform are owned by or licensed to BKI Technologies Inc. and/or its applicable affiliates, related entities, licensors, successors or assigns (collectively, “BKI”). These rights include, to the fullest extent protected by applicable law, copyrights, database rights, trade marks, service marks, trade names, trade dress, design rights, patent and utility-model rights, rights in confidential information, know-how, trade secrets and all other intellectual-property and proprietary rights, whether registered or unregistered and wherever arising.
Protected Platform materials include, without limitation: Portfolio Builder, Portfolio Genie and EPARCS names and branding; logos, marks, domain names and product identifiers; source code, object code, scripts, APIs, data structures, schemas and software architecture; algorithms, models, formulas, weighting systems, scoring systems, ranking logic, portfolio-construction and allocation logic, risk logic, valuation logic, Buying Zone logic, analytical engines and calculation methodologies; workflows, processes, sequences, rules, decision trees, system behaviour and combinations of features; databases, compilations, taxonomies and the selection, coordination and arrangement of data; user interfaces, screen layouts, dashboards, navigation, graphics, icons, charts, illustrations, animations, visual hierarchy, typography, styling, distinctive colour schemes and combinations, and overall look and feel or trade dress; reports, text, documentation, research, explanatory materials and other original content; and all modifications, updates, enhancements and derivative developments of the foregoing. References to colours, layouts, methods or other elements are claims only to the extent those elements or their selection, arrangement, combination or use are protectable under applicable law.
No ownership right is transferred to you by access to the Platform. All rights not expressly granted under these Terms are reserved.
15. Limited licence
Subject to these Terms and any applicable subscription, BKI grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platform through its intended interfaces solely for your own lawful personal or internal business analytical purposes. The Platform is licensed, not sold. This licence does not grant any right to obtain or use source code, underlying algorithms, models, methodologies, datasets, confidential know-how or other non-public elements of the Platform.
16. Anti-copying, anti-recreation and prohibited use
Except where a restriction cannot lawfully be imposed, you must not, directly or indirectly, yourself or through another person or automated system: (a) copy, reproduce, republish, frame, mirror, distribute, sell, lease, sublicense, publicly display or commercially exploit the Platform or a material part of it; (b) reverse engineer, decompile, disassemble, decode, translate, adapt or otherwise attempt to derive or discover source code, object-code structure, algorithms, formulas, models, weighting logic, methodologies, workflows, prompts, rules, architecture or other underlying ideas or non-public operation; (c) observe, study, test, scrape, crawl, extract, record or systematically collect Platform outputs, screens, data, logic or behaviour for the purpose of reproducing, reconstructing, mapping or approximating the Platform or any material feature; (d) build, train, commission, assist, market or operate a product, service, model, process or interface that copies, substantially reproduces or is derived from protected expression, confidential information, trade secrets or other proprietary elements of the Platform; (e) use Platform access, outputs or documentation to benchmark, clone or develop a competing or substitute product where doing so infringes or misappropriates BKI's rights; (f) circumvent access controls, feature gates, usage restrictions, technical protections or security mechanisms; (g) remove, obscure or alter copyright, trade mark or proprietary-rights notices; (h) use BKI names, product names, logos, marks, colour combinations, trade dress or confusingly similar branding in a manner likely to imply affiliation, endorsement or origin without prior written permission; or (i) enable, encourage or assist another person to do any of the foregoing.
For clarity, these Terms do not claim ownership of general ideas, investment concepts, facts, public-domain material, independently developed material or other subject matter that applicable law does not permit BKI to control. The restrictions above apply to BKI's protectable expression, proprietary implementations, confidential information, trade secrets, protected compilations, brands and other legally enforceable rights.
17. Confidential and non-public Platform information
Any non-public technical, commercial or operational information concerning the Platform that is disclosed or made accessible to you and that by its nature or circumstances reasonably should be understood as confidential—including non-public code, architecture, models, algorithms, methodologies, security design, internal documentation, unreleased features and proprietary processes—must not be disclosed, copied, used to recreate the Platform or used for any purpose other than authorised use of the Platform. This obligation does not apply to information that you can demonstrate became public through no breach by you, was lawfully known to you without confidentiality obligation, was lawfully received from an authorised third party, or was independently developed without use of BKI confidential information.
18. Third-party and open-source materials
The Platform may incorporate or interoperate with third-party software, open-source components, market data, news, libraries, fonts, APIs or other materials. Those materials remain subject to the rights and applicable licence terms of their respective owners. Nothing in these Terms purports to transfer third-party rights to BKI or to restrict rights granted directly to you under an applicable open-source or third-party licence.
19. Feedback and suggestions
If you voluntarily provide ideas, comments, suggestions or feedback concerning the Platform, you grant BKI a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable right to use, reproduce, modify, develop and otherwise exploit that feedback for any lawful purpose without payment or obligation to you. This clause does not transfer ownership of your pre-existing intellectual property merely because it is referenced in feedback.
20. Enforcement and preservation of rights
Unauthorised copying, recreation, disclosure, reverse engineering, misuse of confidential information or infringement of intellectual-property rights may cause harm for which monetary damages alone may be inadequate. To the extent permitted by applicable law, BKI may seek injunctive, equitable or other interim relief in addition to damages, account of profits, recovery of costs and any other remedies available by contract or law. Failure or delay in enforcing a right does not waive that right. Nothing in these Terms limits any statutory intellectual-property, confidentiality, unfair-competition, cybersecurity or other rights or remedies available independently of these Terms.
21. No warranties
To the maximum extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis. We disclaim warranties, representations and conditions concerning uninterrupted operation, accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, non-infringement or any particular investment or financial outcome.
22. Limitation of liability
To the maximum extent permitted by applicable law, BKI Technologies Inc. and its related entities and relevant officers, employees, contractors and affiliates will not be liable for indirect, incidental, special, consequential or similar losses arising from use of, inability to use, or reliance on the Platform, third-party information or analytical outputs. Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
23. Indemnity
To the extent permitted by applicable law, you agree to indemnify and hold harmless BKI Technologies Inc. and its applicable affiliates, related entities, officers, directors, employees and contractors from third-party claims, losses, liabilities, damages and reasonable costs arising from your unlawful misuse of the Platform, infringement or misappropriation of intellectual-property or proprietary rights, unauthorised copying or recreation of protected Platform elements, breach of Section 16 or 17, infringement of third-party rights, or material breach of these Terms, except to the extent caused by the indemnified party's own conduct for which liability cannot lawfully be excluded.
24. Privacy
Our Privacy Notice describes the categories of information that may be processed through the Platform and should be read together with these Terms.
25. Changes, suspension and termination
We may update these Terms as the Platform evolves. We may suspend or terminate access where reasonably necessary for security, legal compliance, misuse, suspected infringement or material breach. Where required by applicable law, material changes will be communicated or become effective only after the required notice. Termination of access does not affect accrued rights. Sections concerning intellectual property, prohibited use, confidentiality, feedback, enforcement, liability, indemnity and any provisions that by their nature are intended to survive will survive termination to the extent permitted by law.
25A. Subscription billing, cancellation and refunds
Paid Full Access and PortfolioBuilder Plus subscriptions automatically renew at their displayed billing frequency until canceled. You can cancel from Profile. If you cancel within seven days (168 hours) of the original subscription creation date verified by Stripe, eligible subscription payments are refundable to the original payment method and subscription access ends immediately. Qualifying prorated charges paid to upgrade the same subscription during this original seven-day period are included; an upgrade or renewal does not restart the refund window. Refunds require verification of a paid subscription invoice and a refundable charge. Separately purchased analysis-credit bundles are not part of this subscription refund policy.
After the initial seven days, cancellation normally takes effect at the end of the current paid subscription period: no further subscription renewal occurs and access continues until then, without a voluntary refund under this policy. Stripe and banks may require additional processing time after a refund is initiated. If automated refund processing cannot be confirmed, the cancellation and refund status may require follow-up via billing support. This policy is subject to mandatory statutory cancellation and refund rights, which are not waived or limited by these Terms.
26. Governing law and contact details
These Terms are governed by the laws of the United Arab Emirates, subject to mandatory consumer protections applicable in your place of residence. Subject to any mandatory consumer forum rights, disputes shall be submitted to the competent courts of Dubai, United Arab Emirates. Operator: BKI Technologies Inc. and its related entities. Contact: portfoliobuilder@blackkomodoinvestments.com.
