Last updated: July 28, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Prophit Inc., a Delaware corporation with its principal mailing address at 131 Continental Dr, Suite 305, Newark, DE 19713 ("Company", "Prophit", "we", "us", or "our"), regarding your access to and use of the Prophit mobile application (the "App"), the website located at prophit.inc (the "Website"), Prophit's official social media accounts and content (the "Social Media Content"), and all related features, content, and services (collectively, the "Services").
By creating an account, downloading, installing, accessing, browsing, or using any part of the Services, you represent and warrant that:
If you are accessing or using the Services on behalf of an entity, you represent that you have authority to bind that entity, and "you" includes that entity. We reserve the right to modify these Terms at any time. We will notify you of material changes through the App, the Website, or via email to the address associated with your account. Your continued use of the Services after the effective date of any modified Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and, if applicable, terminate your account.
These Terms govern your access to and use of:
Prophit is a technology company. The Services offer, among other things:
The Services are not a brokerage, investment adviser, bank, custodian, clearing firm, exchange, alternative trading system, money services business, money transmitter, financial planner, financial analyst, or insurance company. Except as expressly described in these Terms regarding transmission of your self-directed orders to a third-party brokerage, the Services do not execute, clear, settle, custody, or hold funds or securities.
Your use of the Services is also subject to our Privacy Policy, available at prophit.inc/privacy-policy. If you link a brokerage account or open a brokerage account through the Services, you will enter into separate agreements directly with the applicable brokerage and related financial institutions. Those separate agreements control with respect to brokerage account opening, identity verification, funding, order execution, custody, clearing, settlement, tax reporting, account statements, and trade confirmations. In the event of a conflict between these Terms and a brokerage agreement regarding brokerage services, the brokerage agreement controls as between you and the brokerage. These Terms continue to govern your relationship with Prophit Inc.
You should not interpret any content on or through the Services as advice tailored to your individual financial circumstances, objectives, or risk tolerance. You should not act or refrain from acting on the basis of any information provided through the Services without first seeking independent professional advice from a qualified, licensed financial adviser, tax professional, and/or legal counsel.
Where available, the App may permit you to link an existing brokerage account or open a new brokerage account with Open to the Public Investing, Inc. ("Public Investing"), a registered broker-dealer and member of FINRA and SIPC, and to transmit self-directed equity and exchange-traded fund ("ETF") orders, including fractional or notional and whole-share orders, for execution by Public Investing. Clearing and execution services in connection with such brokerage accounts are provided by Apex Clearing Corporation. Public Holdings, Inc. is the parent company of Public Investing and is not itself the broker-dealer that provides brokerage services to you.
SIPC membership of Public Investing, where applicable, protects against the failure of a broker-dealer and does not protect against investment losses, market declines, or decreases in the value of securities. For additional terms governing brokerage integration, see Section 5.
You are solely responsible for evaluating the merits and risks associated with any investment decisions you make. Any actions you take based on information from the Services are entirely at your own risk and are your independent decisions alone. We strongly encourage you to conduct independent research and due diligence before making any financial decisions. You acknowledge that any investment decision you make is based on your own independent analysis and judgment, and not in reliance on any information or content provided by Prophit. You assume full responsibility for any and all consequences arising from your use of the Services and any investment decisions you make.
A "Prophit" as used in the Services refers exclusively to a user-generated, self-directed, hypothetical grouping of publicly traded companies organized around a user's personal interests, themes, or areas of curiosity. These groupings are assembled entirely at the user's discretion. They are not managed portfolios and do not constitute a fund, investment vehicle, managed account, or securities product of any kind. No representation or warranty is made that any such grouping will achieve any particular result. The use of this term shall not be construed as a promise, projection, forecast, or guarantee of future performance, returns, or profitability.
The Services may integrate with, link to, or display data from third-party brokerage platforms, custodians, market data vendors, payment processors, identity verification providers, AI providers, analytics providers, authentication providers, infrastructure providers, and other service providers (collectively, "Third-Party Providers"). The categories of Third-Party Providers we use in connection with the Services include, without limitation:
A current list of the specific service providers Prophit uses is available on request at support@prophit.investments.
Any account opening, identity verification (KYC/AML), suitability review, funding, order routing, execution, custody, clearing, settlement, tax reporting, account statements, trade confirmations, dispute resolution, and any SIPC, FDIC, or similar coverage (where applicable) are governed solely by the agreements you enter into directly with the relevant Third-Party Provider.
Market data, quotes, charts, news, and other information displayed in the Services may be delayed, incomplete, inaccurate, or out of date, and are provided "AS IS" without warranty of any kind. Inclusion of any third-party link, data, or reference does not imply our endorsement or approval of the linked site, provider, or service. Your interactions with any third party are solely between you and that third party.
Prophit receives no compensation from any market data provider, AI provider, or analytics provider in exchange for how content is ranked, ordered, or displayed in the Services.
Values, holdings, balances, and performance figures shown for a linked brokerage account reflect positions and information as reported by the brokerage and may be delayed, incomplete, or differ from the brokerage's own records. The brokerage's records control. You should review your brokerage account statements, trade confirmations, and other official brokerage records and should not rely solely on any display within the App.
The Services include leaderboards, points, rankings, badges, sharing features, group features, follow features, and other gamification and social elements.
Usernames, profile pictures, group names, shared thematic groupings, and any other user-generated content are submitted by users and are not endorsed, verified, or warranted by Prophit Inc. You should not rely on any leaderboard ranking, shared grouping, or other user-generated content as the basis for any financial decision.
The Services, including AI-generated content, news summaries, company descriptions, charts, analyst ratings, price targets, and educational materials, may contain forward-looking statements, projections, estimates, opinions, valuations, or analyses about companies, markets, sectors, or economies.
The Services are provided on a commercially reasonable basis.
We may, at any time and without notice or liability, add, modify, suspend, throttle, deprecate, or discontinue any feature, integration, third-party connection, market data feed, AI model, content category, brokerage integration, or portion of the Services, in whole or in part.
You are solely responsible for complying with all laws applicable to you, including U.S. federal and state securities laws, tax laws, anti-money-laundering laws, sanctions, and export-control laws. Access from jurisdictions where the Services or any feature is unlawful is prohibited. Prophit Inc. reserves the right, in its sole discretion, to block or terminate access to the Services from any location outside the United States without notice or liability.
Prophit does not display third-party advertisements in the App. Meta Platforms, Inc. may be used solely to measure and optimize Prophit's own advertising campaigns (such as installs, subscriptions, and related app events), not to serve third-party ads inside the App.
Prophit Inc. is a technology company. It receives compensation from Public when a user opens a new brokerage account through Prophit. The compensation is a fixed, flat, per-account marketing payment.
Prophit is not compensated based on order flow, trade execution, transaction volume, the number or size of trades, spreads, payment for order flow, assets under custody or management, account balances, interest, or any other transaction-based measure. Nothing you buy, sell, or hold changes what Prophit is paid in connection with this arrangement. Prophit does not share in Public's revenue, receives no advisory or management fees from Public in connection with your account, and receives no compensation from you for opening a Public account or for transmitting orders to Public Investing.
Public Investing, not Prophit, performs account approval, identity verification and KYC/AML, suitability review (to the extent applicable under Public Investing's agreements and applicable law), funding, order execution, custody, clearing, settlement, tax reporting, account statements, trade confirmations, and any SIPC coverage, all under agreements you enter into directly with Public Investing and, as applicable, Apex Clearing Corporation and related parties. Prophit is not a party to your brokerage customer agreement and does not control Public Investing's account-approval decisions, funding methods, execution quality, or custody arrangements.
As stated in Section 3.14, Prophit receives no compensation from any market data provider, AI provider, or analytics provider in exchange for how content is ranked, ordered, or displayed.
Access to brokerage features through the App is subject to eligibility requirements imposed by Public Investing and applicable law. Public Investing may approve, deny, restrict, suspend, or close your brokerage account in its sole discretion pursuant to its own agreements and regulatory obligations. Prophit has no control over, and no liability for, Public Investing's account decisions.
Before linking an existing brokerage account or opening a new brokerage account, you must review and accept Public Investing's customer agreement, disclosures, and related documents, as well as any applicable agreements of Apex Clearing Corporation. Those agreements, not these Terms, govern your brokerage relationship. If you do not agree to those agreements, do not open or link a brokerage account through the App.
When you place an order through the App, you are instructing that the order be transmitted to Public Investing for handling and execution subject to market conditions and Public Investing's procedures. Prophit does not guarantee that any order will be accepted, transmitted successfully, executed, partially filled, filled in full, or executed at any particular price, time, or quantity. Market conditions, system outages, connectivity issues, trading halts, exchange rules, brokerage risk controls, and other factors may prevent, delay, or alter execution.
You must affirmatively review and approve every order before it is transmitted. The Services do not place discretionary, automated, algorithmic, or managed orders on your behalf. You are solely responsible for verifying the symbol, side (buy or sell), quantity or notional amount, order type, time-in-force, and any other parameters before approving an order.
Market orders are designed to execute promptly at the then-available market price and may execute at prices that differ materially from the last displayed quote, particularly in fast-moving or thinly traded markets. Limit orders are designed to execute only at your specified limit price or better and may execute partially, late, or not at all. You are solely responsible for understanding the characteristics and risks of each order type you select.
Securities may experience extreme volatility. Exchanges and market centers may impose trading halts, pauses, circuit breakers, or other restrictions. During such periods, orders may be delayed, rejected, re-priced, or unfilled. Prophit is not responsible for losses arising from volatility, halts, or market disruptions.
If extended-hours trading is available through your brokerage and you elect to trade outside regular market hours, you acknowledge that extended-hours sessions may involve lower liquidity, wider spreads, greater price volatility, less transparency, and different matching rules than regular-hours trading. Orders placed for extended hours may execute at prices that differ substantially from regular-hours prices.
Where supported, the App may permit fractional-share or notional equity and ETF orders. Fractional shares may be illiquid, may not be transferable to another brokerage in fractional form, may be subject to different treatment upon corporate actions, and may be subject to the brokerage's own policies regarding liquidation, rounding, and custody. Whole-share and fractional features are determined by the brokerage, not by Prophit.
Once an order has been transmitted to the brokerage, cancellation or modification is not guaranteed. An order may execute before a cancellation or modification request is processed. You remain responsible for any executed order.
Account balances, holdings, order statuses, fills, cost basis, and other brokerage information displayed in the App are provided for convenience based on data received from the brokerage or related systems and may be delayed or incomplete. The brokerage's official records, account statements, and trade confirmations control in the event of any discrepancy.
You are responsible for avoiding duplicate, unintended, or erroneous orders, including orders submitted due to multiple taps, network retries, device lag, or user error. You agree to review order confirmations, fill notices, and brokerage account statements promptly and to report any discrepancies directly to Public Investing (or the applicable brokerage) without delay. Delay in reporting may impair your ability to obtain correction under the brokerage's policies and applicable law.
Linking a brokerage account may require you to authorize Prophit, through OAuth or a similar authorization mechanism, to access certain account information and to transmit orders you approve. You may revoke that authorization through the App, through your brokerage account settings, or by contacting Public Investing, subject to the brokerage's procedures. Upon revocation or disconnection:
Brokerage order features available through the App are limited to those instrument types and order capabilities that Public Investing and the App support from time to time, which may include equity and ETF orders on a whole-share, fractional, or notional basis. Availability of any instrument, order type, or feature may change without notice.
You are solely responsible for determining and paying any taxes arising from your brokerage activity. Prophit does not provide tax advice and does not issue Form 1099s or other tax documents; those are provided by the brokerage or clearing firm as applicable.
You further acknowledge that technology failures, data delays, connectivity issues, and brokerage or market outages can prevent you from placing, modifying, or canceling orders when you wish to do so, and that you accept those risks as part of using electronic trading interfaces.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices you own or control, and to access and use the Website and other Services, solely for your personal, non-commercial use.
You agree not to:
To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy. You may optionally provide a profile picture. Website visitors may browse certain public pages without creating an account, as described in Section 13.
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must immediately notify us at support@prophit.investments of any unauthorized access or security breach. We are not liable for losses resulting from unauthorized use of your account, except to the extent caused by our willful misconduct as determined by a final order of a court or arbitrator of competent jurisdiction.
We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms, fraudulent or abusive activity, regulatory or legal risk, prolonged inactivity, or any other reason at our sole discretion. Suspension or termination of your Prophit account does not automatically close your brokerage account with Public Investing; you must contact Public Investing separately regarding brokerage account closure.
By using the Services, you acknowledge and consent to our collection, use, storage, and disclosure of your information as described in our Privacy Policy at prophit.inc/privacy-policy and these Terms. If there is a conflict between this Section 9 and the Privacy Policy regarding our privacy practices, the Privacy Policy controls.
We collect data to provide, improve, personalize, and support our Services, including:
We use collected data for purposes including:
We share your data with Third-Party Providers who assist in operating our Services. We do not sell your personal information to data brokers or third parties for their independent use. A current list of the specific service providers Prophit uses is available on request at support@prophit.investments. We may share data with:
We retain your data for as long as necessary to provide Services, comply with legal obligations, resolve disputes, and enforce agreements. You may request deletion of your personal data by contacting us at support@prophit.investments. We may retain aggregated or anonymized data indefinitely for analytics and business purposes. Deletion of your Prophit account data does not delete records held by Public Investing or other Third-Party Providers; you must contact those parties separately.
Depending on your state of residence, you may have one or more of the following rights with respect to personal information we hold about you:
To exercise any of these rights, contact us at support@prophit.investments. We will respond within the timeframe required by applicable law (generally forty-five (45) days, with a possible additional forty-five (45)-day extension where permitted). We may need to verify your identity before fulfilling certain requests. We will not discriminate against you for exercising your rights. If we deny your request and your state's law provides an appeal right, instructions for appeal will be included in our response. You may designate an authorized agent to make a request on your behalf in accordance with applicable law.
If you are a resident of California, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Iowa, Delaware, New Hampshire, New Jersey, Nebraska, Tennessee, Minnesota, Maryland, Indiana, Kentucky, Rhode Island, or any other U.S. state with a comprehensive consumer privacy law in effect, you may have additional rights under that state's law (including, where applicable, the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act ("CCPA"), the Virginia Consumer Data Protection Act ("VCDPA"), the Colorado Privacy Act ("CPA"), the Connecticut Data Privacy Act ("CTDPA"), the Utah Consumer Privacy Act ("UCPA"), the Texas Data Privacy and Security Act ("TDPSA"), the Oregon Consumer Privacy Act ("OCPA"), and other comparable state laws).
California-Specific Notices. California residents have the right to know what personal information we collect, use, disclose, and "sell" or "share" (as those terms are defined under the CCPA), the right to delete and correct personal information, the right to limit the use and disclosure of "sensitive personal information," the right to opt out of "sales" and "sharing" for cross-context behavioral advertising, and the right to non-discrimination for exercising these rights. We do not knowingly "sell" personal information for monetary consideration. Certain sharing of personal information with analytics or advertising measurement providers may, however, constitute a "sale" or "share" as those terms are broadly defined under the CCPA. To opt out, contact us at support@prophit.investments or use a Global Privacy Control ("GPC") signal where supported. We do not knowingly collect, "sell," or "share" personal information of consumers under the age of sixteen (16) without affirmative authorization. The categories of personal information we collect, the purposes for which we collect them, the categories of sources, and the categories of third parties with which we share them are described in Sections 9.2 through 9.4 above. We retain personal information for the periods described in Section 9.5.
"Shine the Light" (California Civil Code § 1798.83). California residents may request information regarding our disclosure of personal information to third parties for the third parties' direct marketing purposes. We do not currently disclose personal information to third parties for those parties' direct marketing purposes.
Universal Opt-Out Mechanisms. Where required by applicable state law (including in California, Colorado, Connecticut, Texas, Oregon, and other states), we honor recognized universal opt-out mechanisms such as the Global Privacy Control (GPC).
How to Exercise State Privacy Rights. To exercise any state-law right, email support@prophit.investments with your name, state of residence, and a description of your request. We will respond within the time required by your state's law. If your state's law provides an appeal right and we deny your request, our response will include instructions for how to appeal. You may use an authorized agent to submit a request on your behalf, subject to verification.
You may choose to enable Face ID, Touch ID, or other on-device biometric authentication features provided by your device's operating system to unlock or authenticate within the App. Prophit Inc. does not collect, store, transmit, retain, sell, lease, trade, profit from, or otherwise have access to your biometric identifiers, biometric information, biometric templates, fingerprints, facial geometry, voiceprints, retina or iris scans, or any other biometric data, whether or not encrypted. All biometric capture, processing, matching, and storage occurs entirely on your device within the operating system's secure hardware enclave (such as Apple's Secure Enclave), under the control of the operating system provider (such as Apple Inc. or Google LLC) and subject to that provider's terms and policies. The App receives only a binary success-or-failure signal from the operating system indicating whether the authentication attempt matched the data enrolled on your device. We have no biometric-data retention schedule or destruction policy because we do not possess any biometric identifiers or biometric information. To disable, modify, reset, or delete your enrolled biometric data, please use your device's settings (for example, on iOS: Settings > Face ID & Passcode or Settings > Touch ID & Passcode; on Android: the biometric settings path provided by your device manufacturer). Nothing in these Terms shall be construed as Prophit Inc. collecting, capturing, possessing, receiving through trade, or otherwise obtaining biometric identifiers or biometric information within the meaning of the Illinois Biometric Information Privacy Act (740 ILCS 14), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code § 503.001), the Washington Biometric Privacy Act (RCW 19.375), or any similar law.
You may submit, upload, or transmit content through the Services, including profile pictures, usernames, group names, thematic groupings ("Prophits"), comments, feedback, and related materials ("User Content"). You retain ownership of your User Content but grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute User Content in connection with operating, promoting, and improving the Services.
You agree that your User Content will not:
We reserve the right, but have no obligation, to monitor, review, or remove User Content that violates these Terms or is otherwise objectionable, at our sole discretion and without notice. We do not endorse any User Content and are not responsible for its accuracy or legality.
In addition to the license restrictions in Section 7.2, you agree not to:
Certain features may require a paid subscription ("Prophit Pro" or other paid offerings we may introduce). Subscription terms, including pricing and billing frequency, will be presented before purchase. Purchases made through the Apple App Store are subject to Apple's terms and conditions. Purchases made through Google Play are subject to Google's terms and conditions. Payment processing for in-app subscriptions may also involve our subscription management provider.
We may offer free trial periods. You must cancel before the trial ends to avoid charges. Cancellation instructions are available in the App and in your Apple App Store or Google Play account settings, as applicable.
Subscriptions automatically renew unless cancelled at least twenty-four (24) hours before the end of the current period (or such other period required by the applicable app store). You will be charged through your Apple or Google account, as applicable. Manage subscriptions and turn off auto-renewal in your applicable app store account settings.
All purchases are final and non-refundable unless required by law or by the refund policies of Apple or Google, as applicable. For refund requests related to App Store purchases, contact Apple Support. For refund requests related to Google Play purchases, follow Google Play's refund process. We do not have unilateral access to or control over Apple's or Google's payment systems.
We may change subscription pricing prospectively. Any price change will be communicated in accordance with applicable app store rules and, where required, will apply only upon the next renewal period after notice.
Subscription fees paid to Prophit, if any, are for access to Prophit product features and are separate from any fees, commissions, or other charges that Public Investing or Apex Clearing Corporation may assess under your brokerage agreement. Prophit subscription status does not constitute brokerage account funding and does not entitle you to any brokerage execution benefit.
From time to time, we may offer a referral program that permits eligible users to invite others to the Services. Referral program terms, rewards, and eligibility criteria may be described in the App or on the Website and may change at any time.
Participation in any referral program is void where prohibited. Referral rewards, points, badges, or other benefits have no cash value, are not transferable except as expressly permitted by us, and may not be redeemed for cash unless we expressly state otherwise in writing. Referral benefits are promotional only.
We may modify, suspend, or terminate any referral program at any time, with or without notice, for any reason. We may withhold, reverse, or forfeit referral benefits if we determine, in our sole discretion, that a referral was obtained through fraud, abuse, self-referral, bulk invitation spam, fake accounts, or any other violation of these Terms.
Referral features are tools for inviting others to a technology platform. They are not a solicitation to buy or sell securities and do not constitute compensation for securities brokerage activity by you.
You may access certain public pages of the Website without creating an account. Even without an account, your use of the Website is subject to these Terms and our Privacy Policy.
The Website may use cookies, local storage, pixels, software development kits, and similar technologies to operate the site, remember preferences, measure traffic and performance, and support advertising measurement for Prophit's own campaigns. You can control cookies through your browser settings; disabling cookies may affect Website functionality. Additional details are described in our Privacy Policy.
If you submit your email address or other information through an early-access, waitlist, or similar form on the Website, you consent to our contacting you about the Services, product updates, and related announcements. You may unsubscribe from marketing emails using the unsubscribe mechanism in those emails or by contacting support@prophit.investments. Submission of a waitlist form does not guarantee access, priority, or any particular feature.
The Website may host share pages, deep links, or public pages that display thematic groupings, referral content, or other user-shared material. Such pages are provided for informational and sharing convenience only. Content on share pages may be user-generated, may be incomplete or outdated, and is not verified by Prophit as investment advice or as an accurate statement of any person's brokerage holdings.
QR codes, buttons, and links on the Website or in offline materials that point to the App Store, Google Play, or other download destinations are provided for convenience. Your download and use of the App remain subject to these Terms and the applicable app store terms.
We do not guarantee that the Website will be available at all times or free of errors, viruses, or other harmful components. You are responsible for implementing reasonable security measures on your own devices and networks.
Prophit's posts, stories, videos, captions, comments, and other Social Media Content are for educational, informational, and promotional purposes only. Social Media Content is not investment advice, is not tailored to any individual, and does not constitute an offer or solicitation to buy or sell any security.
Your use of third-party social media platforms is governed by those platforms' own terms of service and privacy policies. Prophit does not control those platforms and is not responsible for their availability, moderation decisions, data practices, or security.
Prophit does not endorse, verify, or take responsibility for comments, replies, duets, stitches, quotes, or other content posted by third parties on or in response to Prophit's Social Media Content. Third-party social media commentary should not be treated as Prophit's views or as financial advice.
Social Media Content may include examples, illustrations, hypotheticals, screenshots, or discussions of companies and themes. Any such content is subject to the disclaimers in Section 3, including the forward-looking statement and hypothetical performance disclaimers.
The App, Website, Services, and all content, features, functionality, software, algorithms, designs, graphics, logos, trademarks, educational materials, and other materials ("Proprietary Materials") are owned by Prophit Inc. or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any rights to our Proprietary Materials except for the limited license in Section 7.
"Prophit" and related marks are trademarks of Prophit Inc. You may not use these marks without prior written permission, except for limited nominative fair use as permitted by law.
You agree not to reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the Services, or use any information obtained from the Services to develop competing products or services.
We respect intellectual property rights and respond to valid copyright infringement notices pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe that material available through the Services infringes your copyright, please send a written notice to our designated agent containing all of the following:
DMCA Designated Agent:
Prophit Inc.
Attn: DMCA Designated Agent
131 Continental Dr, Suite 305
Newark, DE 19713
Email: support@prophit.investments
Subject line: DMCA Notice
We may remove or disable access to allegedly infringing material and, where appropriate, terminate repeat infringers' accounts in accordance with the DMCA.
If you believe that material you posted was removed or disabled by mistake or misidentification, you may send a counter-notification to the designated agent above containing the information required by 17 U.S.C. § 512(g)(3).
The Services may contain links to third-party websites and display third-party market data, news content, or brokerage interfaces. We do not control, endorse, sponsor, or assume responsibility for third-party content or services. Your use of third-party services is at your own risk and subject to their terms and privacy policies. We are not liable for any damages or losses arising from third-party services, including data inaccuracies, failed trades, custody issues, or service interruptions. Without limiting the foregoing, your relationship with Public Investing, Apex Clearing Corporation, Apple, Google, Meta Platforms, Inc., our authentication provider, our product analytics provider, our subscription management provider, our market data providers, our AI model providers, our cloud infrastructure provider, and our application update and push delivery provider is governed by those parties' own terms to the extent applicable.
Without limiting Sections 17.1 and 17.2, we make no warranty regarding Public Investing, Apex Clearing Corporation, market data providers, AI providers, app stores, or any other Third-Party Provider, and no warranty regarding market performance, liquidity, execution quality, or the suitability of any security for you.
The limitations in this Section 18 reflect an agreed allocation of risk between you and Prophit Inc. and form an essential basis of the bargain. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you in full. In such cases, our liability will be limited to the fullest extent permitted by law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or willful misconduct to the extent such exclusion is prohibited.
Without limiting the foregoing, Prophit Inc. is not liable for investment losses, trading losses, missed market opportunities, taxes, brokerage fees, or any consequences of orders you approve for transmission to a third-party brokerage.
You agree to indemnify, defend, and hold harmless Prophit Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), governs the interpretation and enforcement of the arbitration provisions in this Section 20.
You and Prophit Inc. agree that good-faith, informal resolution of disputes can save both parties time and money. Before initiating an arbitration, lawsuit, or any other formal proceeding, the party raising the claim must first send the other party a written Notice of Dispute that includes:
A Notice of Dispute submitted on behalf of multiple claimants must contain this individualized information for each individual claimant; mass-form, template, or boilerplate notices that do not include individualized information for each claimant do not satisfy this requirement.
Notices to Prophit Inc. must be sent by email to support@prophit.investments with the subject line "Notice of Dispute" and by U.S. mail to Prophit Inc., 131 Continental Dr, Suite 305, Newark, DE 19713. Notices to you will be sent to the email address associated with your account, or, if you have no account, to the email address or other contact information you provided in your Notice of Dispute or otherwise.
After a valid Notice of Dispute is received, the parties shall engage in a good-faith informal conferral period of at least sixty (60) days, which must include at least one personal telephone or video conference between the claimant (personally, not solely through counsel) and a representative of Prophit Inc. (which may include counsel). The applicable statute of limitations and any arbitration filing-fee deadlines shall be tolled while the parties engage in this informal conferral process.
Compliance with this Section 20.2, including the individualized Notice of Dispute and the personal-conferral requirement, is a condition precedent to filing any arbitration demand or court proceeding. An arbitrator or court may, at the request of either party, dismiss without prejudice any arbitration demand or court action filed without first complying with this Section.
Except as set forth in this Section 20 (including the right to bring qualifying claims in small claims court under Section 20.5, the right to seek equitable relief under Section 30.8, and the right to opt out of arbitration under Section 20.8), any claim, dispute, or controversy between you and Prophit Inc. arising out of or relating to these Terms, the App, the Website, the Social Media Content, or the Services (a "Dispute") shall be resolved exclusively by final, binding, individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules then in effect (collectively, the "AAA Rules"), as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration shall take place in Wilmington, Delaware, or, at your election, by telephone, video conference, or written submissions where permitted by the AAA Rules.
The arbitrator shall have exclusive authority to resolve any Dispute, including any threshold question of arbitrability, the scope or enforceability of this arbitration agreement, or whether any claim is within the scope of arbitration — except that a court of competent jurisdiction (and not the arbitrator) shall have exclusive authority to resolve any dispute concerning the enforceability of the Class Action Waiver in Section 20.4 and the Mass Arbitration provisions in Section 20.6.
The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
This waiver does not prevent either party from participating in a class-wide settlement of claims.
If a court or arbitrator decides that this Class Action Waiver is unenforceable as to any particular claim or request for relief, then that claim or request shall be severed and litigated in a court of competent jurisdiction in accordance with Section 20.7, but all other claims shall remain subject to individual arbitration under this Section 20.
Either party may bring an individual action in a small claims court of competent jurisdiction in lieu of arbitration if the claim is within that court's jurisdictional limits and is brought solely on an individual (non-class, non-representative) basis.
If twenty-five (25) or more substantially similar arbitration demands or pre-arbitration Notices of Dispute are filed against Prophit Inc. by or with the assistance of the same law firm, group of law firms, or coordinated counsel within any sixty (60)-day period (a "Mass Arbitration"), the AAA Mass Arbitration Supplementary Rules shall apply, and the following additional procedures shall govern:
(a) Process Arbitrator. The AAA shall appoint a "process arbitrator" who shall have authority to determine, among other things, whether each demand satisfies the requirements of Section 20.2 (including the individualized Notice of Dispute and personal conferral requirements), whether claims are substantially similar, the structure and timing of the bellwether process described below, and the scheduling and consolidation of administrative matters. Disputes about the process arbitrator's authority shall be decided by the process arbitrator, except as set forth in Section 20.3.
(b) Bellwether Process. Within thirty (30) days after the AAA confirms application of these Mass Arbitration provisions, the parties' respective counsel shall jointly select up to twenty (20) bellwether cases (ten (10) selected by each side) to proceed to individual arbitration on the merits as a first batch. All other demands shall be stayed, and the applicable statute of limitations and any AAA fee-payment deadlines shall be tolled for those stayed demands during the pendency of the bellwether process.
(c) Mediation After Bellwethers. Within ninety (90) days after the issuance of the awards in the bellwether cases, the parties shall participate in good faith in a global mediation administered by the AAA (or by another mutually agreed mediator) before any additional bellwether or merits arbitrations proceed. If the parties do not reach a global resolution within sixty (60) days after the conclusion of mediation, additional batches of cases shall proceed in groups of no more than fifty (50) at a time, with another global mediation following each batch, until all demands are resolved or otherwise concluded.
(d) Affirmation Requirement. Each individual claimant in a Mass Arbitration, and that claimant's counsel, must affirm in writing that the claimant has reviewed and authorized the demand, that the factual allegations in the demand are true and accurate to the best of the claimant's knowledge, and that the demand is not a duplicate of any other pending demand by the same claimant. Demands that lack this affirmation may be dismissed without prejudice by the process arbitrator.
(e) Court Determination of Enforceability. Notwithstanding Section 20.3, a court of competent jurisdiction (and not the arbitrator) shall have exclusive authority to determine the enforceability of this Section 20.6.
(f) Severability. If any portion of this Section 20.6 is found to be unenforceable as to a particular Mass Arbitration, the remaining portions of this Section 20.6 shall continue to apply, and the unenforceable portion shall be severed in accordance with Section 20.7.
If any provision of this Section 20 is found to be invalid or unenforceable, that provision shall be severed and the remainder of this Section 20 shall continue in full force and effect, except that: (i) if the Class Action Waiver in Section 20.4 is found unenforceable as to any claim or request for relief, that claim or request shall be litigated in a court of competent jurisdiction in Wilmington, Delaware (and not in arbitration), but all other claims shall remain subject to individual arbitration; and (ii) if Section 20.3 is found unenforceable in its entirety, then any Dispute shall be resolved exclusively in the state or federal courts located in New Castle County, Delaware, and you and Prophit Inc. consent to personal jurisdiction and venue in those courts.
You may opt out of the arbitration agreement in Sections 20.3 through 20.7 by sending a written opt-out notice to Prophit Inc. by email at support@prophit.investments with the subject line "Arbitration Opt-Out" within thirty (30) days after the later of (a) the date you first accept these Terms, or (b) the effective date of any future material amendment to Sections 20.3 through 20.7. Your opt-out notice must include your full legal name, the email address associated with your account (if any), and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other provision of these Terms. If you opt out, any Dispute shall be resolved exclusively in the state or federal courts located in New Castle County, Delaware, and you and Prophit Inc. consent to personal jurisdiction and venue in those courts.
To the fullest extent permitted by law, any Dispute or claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim accrued; otherwise, the Dispute or claim is permanently barred. This contractual limitations period applies to arbitration and court proceedings alike, except where a longer period is required by applicable law that cannot be waived by contract. The informal dispute-resolution tolling described in Section 20.2 applies during a compliant informal conferral period.
You may terminate your account at any time by contacting us at support@prophit.investments or, where available, through in-App account deletion flows. We may suspend or terminate your account or access to the Services at any time for any reason. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination shall survive, as further described in Section 30.6. We may retain aggregated or anonymized data after termination. Termination of your Prophit account does not automatically terminate your brokerage account with Public Investing.
Prophit Inc. shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failures of utilities or telecommunications, failures or delays of Third-Party Providers, exchange or market closures or disruptions, or failures of the internet or hosting infrastructure. During any force majeure event, our obligations shall be suspended to the extent affected, and we may modify, suspend, or discontinue affected features without liability.
By using the Services or creating an account, you consent to receive communications from us electronically, including by email, in-App messages, push notifications (if enabled), and by posting notices on the Website or in the App. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
You consent to the use of electronic signatures, electronic contracts, and electronic records in connection with your use of the Services, to the extent permitted by the Electronic Signatures in Global and National Commerce Act ("E-SIGN"), the Delaware Uniform Electronic Transactions Act, and other applicable law. You may withdraw consent to electronic communications by contacting support@prophit.investments, but withdrawal may result in termination of your ability to use the Services. You are responsible for maintaining a valid email address and for ensuring that our emails are not blocked.
To access and retain electronic communications, you need a device with internet access, a compatible web browser or the App, and the ability to receive email. You are responsible for any costs associated with your device, internet, or data plan.
If you provide ideas, suggestions, enhancement requests, documents, proposals, or other feedback regarding the Services ("Feedback"), you grant Prophit Inc. a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, create derivative works from, distribute, publicly display, and otherwise exploit the Feedback for any purpose, without compensation or attribution to you and without any obligation to use the Feedback. You represent that you have the right to grant this license and that Feedback does not infringe any third-party rights.
The following terms apply to your use of the App obtained from the Apple App Store:
The following terms apply to your use of the App obtained from Google Play or used on an Android device:
If there is a conflict between these Terms and Google Play's standard developer distribution terms regarding Google's rights as a distributor, Google Play's terms control as between you and Google with respect to Google Play distribution matters.
We maintain administrative, technical, and physical safeguards designed to protect personal information in our possession. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. If we become aware of a security incident involving personal information in our possession that requires notification under applicable law, we will notify affected individuals and regulators as and when required by applicable law, and we will provide such information as required by applicable law. Notification timelines and content will be consistent with applicable federal and state breach-notification statutes. You should promptly notify us at support@prophit.investments if you believe your account has been compromised.
Prophit Inc. is committed to facilitating the accessibility and usability of the Services. We aim to improve the user experience for everyone, including users with disabilities, and to work toward conformance with applicable accessibility guidelines where reasonably practicable. If you have difficulty accessing any part of the Services, or if you have accessibility-related feedback or requests, please contact us at support@prophit.investments. We will consider accessibility feedback in good faith and may provide reasonable assistance or alternative means of access where feasible. This Section 29 does not expand our warranties or liability beyond what is required by applicable law.
These Terms and our Privacy Policy constitute the entire agreement between you and Prophit Inc. regarding the Services and supersede all prior or contemporaneous understandings relating to the Services. Separate agreements between you and Third-Party Providers (including Public Investing) remain between you and those providers.
We reserve the right to modify these Terms or the Services at any time. We will notify you of material changes through the App, Website, or email. Continued use of the Services after the effective date of modified Terms constitutes acceptance.
If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. Specific severability rules for the arbitration provisions are set forth in Section 20.7.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or of our right to enforce it later. Any waiver must be in writing and signed by an authorized representative of Prophit Inc. to be effective.
You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
The following provisions, and any others that by their nature should survive, shall survive termination or expiration of these Terms or your account: Sections 3 (disclaimers), 4 (compensation disclosures), 5 (brokerage terms to the extent they allocate responsibility), 6 (assumption of risk), 9 (privacy-related provisions as required by law), 10 (as to licenses granted to us and content standards), 15 (intellectual property), 16 through 21 (third-party terms, warranties, liability, indemnification, dispute resolution, and limitations period), 23 through 25, 28, and 30, together with any accrued payment obligations and any licenses granted by you to us.
Except as expressly provided in Section 26 with respect to Apple and Apple's subsidiaries, and except for the indemnified parties identified in Section 19 with respect to indemnification obligations, these Terms do not create any third-party beneficiary rights in any person or entity. Without limiting the foregoing, Public Investing, Apex Clearing Corporation, Google, and other Third-Party Providers are not third-party beneficiaries of these Terms except to the extent a separate agreement to which they are a party expressly provides otherwise.
Notwithstanding Section 20, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations, without the necessity of proving actual damages or posting a bond to the extent permitted by law. Such proceedings are not a waiver of the right to arbitrate other Disputes.
To the fullest extent permitted by applicable law and the AAA Rules, if a party brings a claim, arbitration demand, or proceeding that an arbitrator or court of competent jurisdiction finds to be frivolous, groundless, or brought in bad faith, the other party may recover its reasonable attorneys' fees and costs incurred in connection with that claim or proceeding.
Headings in these Terms are for convenience only and do not affect interpretation. The words "include," "includes," and "including" mean "including without limitation." The word "or" is not exclusive. References to "Sections" are to sections of these Terms unless otherwise indicated. The singular includes the plural and vice versa. These Terms are drafted in the English language. If these Terms are translated into any other language, the English-language version controls in the event of any conflict or ambiguity, to the fullest extent permitted by law.
Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and Prophit Inc. You have no authority to bind Prophit Inc. in any respect.
You may not use, export, or re-export the Services except as authorized by United States law. You represent that you are not located in any embargoed jurisdiction and are not a prohibited or restricted party under U.S. sanctions or export-control laws.
For questions about these Terms, to exercise privacy rights, to submit a Notice of Dispute, or to contact us for any other reason:
Prophit Inc.
131 Continental Dr, Suite 305
Newark, DE 19713
Email: support@prophit.investments
Website: prophit.inc
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.