Terms & Conditions
This Subscription Service Agreement (hereinafter referred to as "the Agreement") is made and entered into by and between Peachy Portfolios LLC, a Colorado-based company doing business as Asymmetric Edge, specializing in paid newsletters for model investment portfolio updates (hereinafter referred to as "Asymmetric Edge"), and its subscribers (hereinafter referred to as "the Subscribers"). This Agreement establishes the terms and conditions governing the subscription services provided by the Company, ensuring compliance with applicable laws and delivering a seamless user experience. This agreement becomes effective the moment the Subscriber subscribes to the Company’s newsletter service.By subscribing to the Company’s newsletter service, you are entering into a legally binding agreement with Asymmetric Edge. If you do not agree to these terms, please do not proceed with your subscription.
Definitions"Asymmetric Edge" refers to the Company headquartered in Lakewood, Colorado, United States, offering paid newsletters with monthly updates on model investment portfolio allocations."Subscribers" refers to individuals residing in the United States who have entered into a subscription agreement with the Company to receive its paid newsletter services."Subscription Tiers" refers to the three distinct levels of service offered by the Company, each with varying features and pricing, managed through Stripe."Stripe" refers to the payment processing platform utilized by the Company to manage subscription payments, supporting credit card, Amazon Pay, and Cash App Pay transactions."Paid Newsletters" refers to the monthly publications provided by the Company, containing curated investment portfolio allocation updates."Colorado Law" refers to the legal framework governing the operations of the Company, including compliance with state and federal regulations related to subscription-based services and payment processing."Effective Date" refers to the moment the individual subscribes to the Company’s newsletter service, including both paid and unpaid subscription options.Payment MethodsAccepted Payment MethodsPayments for subscriptions to Asymmetric Edge's newsletters can be made using credit cards, Amazon Pay, or Cash App Pay. All transactions are securely processed through Stripe, our third-party payment processor. By using these payment methods, you agree to comply with their respective terms and conditions.Subscription TiersAsymmetric Edge offers three subscription tiers, each providing varying levels of access to model investment portfolio allocation updates. Payment of the applicable subscription fee grants access to the features and content associated with the selected tier for the duration of the subscription period.Payment ScheduleSubscription fees are charged on a recurring monthly basis. The initial payment is processed at the time of subscription, and subsequent payments are automatically charged to the selected payment method on the same calendar day each month. If the subscription date falls on a non-existent date in a subsequent month (e.g., the 31st), billing will occur on the last day of that month.CurrencyAll subscription fees and transactions are processed in United States Dollars (USD).Payment FailuresIn the event of a payment failure, Asymmetric Edge will notify the subscriber via email. A grace period of three (3) days will be provided to update payment information. If payment is not received within this period, access to the newsletter will be temporarily suspended until payment is successfully processed. Persistent payment failures may result in termination of the subscription.Payment SecurityAsymmetric Edge prioritizes the security of payment information. All payment data is securely transmitted and processed by Stripe, a PCI-compliant payment processor. Asymmetric Edge does not store credit card or bank account information.Modifications to Payment TermsAsymmetric Edge reserves the right to modify payment terms, including subscription fees and billing practices. Subscribers will be provided with at least thirty (30) days' advance notice of any changes. Continued use of the service after the effective date of changes constitutes acceptance of the revised terms.TaxesSubscription fees are exclusive of applicable taxes. Subscribers are responsible for any taxes, duties, or other charges imposed by governmental authorities in connection with their subscription. Taxes will be calculated based on the subscriber's location.Limitation Of LiabilityDisclaimer of Investment Performance WarrantyAsymmetric Edge provides information and model portfolios for educational purposes only. No warranty, express or implied, is made regarding the accuracy, completeness, or suitability of the information provided or the performance of any investment. Past performance is not indicative of future results, and all investments involve the risk of loss.Monetary Limitation of LiabilityIn no event shall Asymmetric Edge be liable for any damages exceeding the total amount of subscription fees paid by the user in the twelve (12) months preceding the event giving rise to the liability.Exclusion of Certain Types of DamagesUnder no circumstances shall Asymmetric Edge be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with the use of its services, even if advised of the possibility of such damages.User Responsibility AcknowledgmentUsers acknowledge and agree that any investment decisions made based on information provided by Asymmetric Edge are made at their own risk. Asymmetric Edge shall not be responsible for any losses or damages incurred as a result of such decisions.Service Interruptions LimitationAsymmetric Edge is not responsible for any interruptions, delays, or errors in the delivery of its services, including but not limited to website downtime or newsletter delivery issues. The company shall not be liable for any losses incurred as a result of such interruptions or errors.Data Breach LimitationAsymmetric Edge takes reasonable measures to protect user data. However, in no event shall Asymmetric Edge be liable for damages, financial or otherwise, resulting from a data breach, including but not limited to the unauthorized access or exposure of user email addresses.Payment Processing LimitationAsymmetric Edge utilizes Stripe for payment processing. The company is not responsible for any errors, delays, or failures in Stripe's services, including but not limited to payment processing errors or unauthorized transactions.Governing LawApplicable Law: These Terms and Conditions and your use of Asymmetric Edge's services are governed by the laws of the State of Colorado, without regard to its conflict of law provisions. To the extent that U.S. federal law applies, such law shall also govern.Venue and Jurisdiction: Any legal action or proceeding relating to these Terms and Conditions shall be brought exclusively in the state or federal courts located in Jefferson County, Colorado.Consent to Jurisdiction: You irrevocably consent to the jurisdiction of and venue in such courts for the purposes of any such action or proceeding.Waiver of Jury Trial: To the fullest extent permitted by applicable law, you and Asymmetric Edge each waive the right to a jury trial in any action or proceeding relating to these Terms and Conditions.Severability: If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.Acceptable UsePermitted Use1.1 Subscribers are granted access to Asymmetric Edge's newsletters solely for personal, non-commercial use.1.2 Subscribers may use the information provided in the newsletters to inform their own investment decisions.1.3 Subscribers are permitted to save and archive the newsletters for their personal records.Prohibited Uses2.1 No Redistribution: Subscribers are strictly prohibited from sharing, forwarding, or distributing the newsletters or any portion of their content to any other person or entity.2.2 No Commercial Use: Subscribers must not use the newsletter content for any commercial purpose, including but not limited to:(a) Creating competing products or services.(b) Offering investment advice to others for a fee.(c) Using the information as part of a professional service.2.3 No Public Display: Subscribers are prohibited from posting, uploading, or displaying the newsletter content on any public forum, website, or social media platform.2.4 No Modification/Derivative Works: Subscribers must not modify, adapt, translate, or create derivative works based on the newsletter content.2.5 No Unlawful Use: Subscribers must not use the newsletters for any illegal or unethical purpose, including insider trading or market manipulation, which are violations of Colorado law and United States federal law.2.6 No Circumventing Security: Subscribers must not attempt to bypass or circumvent any security measures implemented to protect the newsletter content or the Peachy Portfolios website.2.7 No Reverse Engineering: Subscribers are prohibited from reverse engineering or attempting to derive the source code or algorithms of the newsletter's generation or distribution systems.2.8 No Mass Distribution: Subscribers must not use the newsletter content to send unsolicited commercial emails or engage in spamming activities.2.9 Protecting Payment Methods: Subscribers must not share or expose their payment methods, including credit card, Amazon Pay, and Cash App Pay, to other users.Enforcement3.1 Asymmetric Edge reserves the right to monitor subscriber activity to ensure compliance with this Acceptable Use policy.3.2 Violations of this policy may result in:(a) Issuing a warning to the subscriber.(b) Suspending or terminating the subscriber's account without refund.(c) Initiating legal action to protect Asymmetric Edge's intellectual property or prevent further violations.3.3 Asymmetric Edge will cooperate with law enforcement authorities if it suspects a subscriber is engaged in illegal activity.Disclaimers4.1 The newsletter content is provided for informational purposes only and should not be considered financial advice.4.2 Asymmetric Edge is not responsible for any investment decisions made by subscribers based on the newsletter content.4.3 Past performance is not indicative of future results.4.4 Asymmetric Edge does not guarantee the accuracy, completeness, or timeliness of the information provided in the newsletters.5.2 Asymmetric Edge reserves the right to suspend or terminate access to the newsletters if payment is not received on time or if payment information is invalid.
User-Generated ContentNo User-Generated Content:Asymmetric Edge does not host, solicit, or permit user-generated content of any kind. Users are not allowed to post, upload, share, or otherwise make available any content on our platform. The services provided by Asymmetric Edge are limited to delivering investment-related newsletters and model portfolio allocations created exclusively by Asymmetric Edge.Ownership of Company Content:All content provided by Asymmetric Edge, including but not limited to newsletters, model portfolio allocations, text, graphics, logos, and software, is the exclusive property of Asymmetric Edge. This content is protected by applicable copyright laws and international treaties.Permissible Use of Company Content:Subscribers are granted a limited, non-exclusive, non-transferable license to access and view the content provided by Asymmetric Edge solely for their personal, non-commercial investment analysis. Subscribers are strictly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, or commercially exploiting the content without prior written consent from Asymmetric Edge.Consequences of Unauthorized Use:Any unauthorized use of Asymmetric Edge's content may result in the immediate termination of the subscriber's account and subscription. Asymmetric Edge reserves the right to pursue all available legal remedies, including but not limited to legal action for copyright infringement or other violations of intellectual property law.Intellectual PropertyOwnership of Content1.1. All intellectual property rights in the model investment portfolio allocations, newsletters, and any other content provided as part of the subscription service are owned exclusively by Asymmetric Edge.1.2. Such content is protected by applicable copyright laws and other intellectual property regulations in the United States.Permitted Use2.1. Subscribers are granted a non-exclusive, non-transferable license to access and use the content solely for their personal, non-commercial investment purposes.2.2. Subscribers may not distribute, reproduce, modify, create derivative works from, publicly display, or otherwise exploit the content without the express written permission of Asymmetric Edge.Copyright and Trademark Notices3.1. Copyright © 2025 Asymmetric Edge. All rights reserved.3.2. "Asymmetric Edge" is a trademark of Asymmetric Edge. Unauthorized use of this trademark is strictly prohibited.Enforcement of Rights4.1. Asymmetric Edge will enforce its intellectual property rights to the fullest extent permitted by law, including seeking injunctive relief and monetary damages against any unauthorized use or infringement.Fair Use Disclaimer5.1. While certain uses of the content may fall under the "fair use" doctrine as defined by copyright law, Asymmetric Edge reserves the right to determine what constitutes acceptable use of its proprietary content.No Transfer of Ownership6.1. Subscribing to Asymmetric Edge’s services does not grant subscribers any ownership or other rights in the content. All rights remain exclusively with Asymmetric Edge.Prohibition of Data Scraping and Automated Access7.1. Subscribers are expressly prohibited from using any data mining, robots, scraping, or similar data gathering or extraction methods to access, acquire, copy, or monitor any portion of the content or information provided through the service without the express written consent of Peachy Portfolios LLC.Subscription Context8.1. Asymmetric Edge provides valuable, proprietary investment insights through its subscription service. To protect the integrity and value of this service for all subscribers, strict enforcement of intellectual property rights is maintained.Severability#If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed modified to the extent necessary to render it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect.Waiver#The failure of either party to enforce any provision of this Agreement or to exercise any right or remedy provided herein shall not be construed as a waiver of such provision, right, or remedy. Any waiver must be in writing and signed by the waiving party. A waiver of any specific breach or default shall not constitute a waiver of any subsequent breach or default.Entire Agreement#This Agreement constitutes the entire understanding between Asymmetric Edge (hereinafter referred to as "the Company") and the Subscriber regarding the subject matter herein and supersedes all prior agreements, representations, and understandings, whether written or oral. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both parties.