Terms of Service

Publisher: Delvir Limited Liability Co. (“Delvir,” “we,” “us,” “our”), a Wyoming limited liability company, 30 N Gould St, Ste R, Sheridan, WY 82801, United States. Contact: team@delvir.co.

These Terms of Service (“Terms”) govern your access to and use of NodVest, including the website at nodvest.com and the NodVest iOS application (together, the “Service”). By creating an account, subscribing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What NodVest is — and is not

NodVest is an informational tool that sends you trade proposals for exchange-traded funds and lets you review and approve or skip each one. If you approve a proposal, the order is placed in the brokerage account you connect through our brokerage-connection provider — never in an account we hold. We do not take custody of your money or securities at any point, we do not accept deposits, and we do not pool client funds. Your relationship with your brokerage is exclusively between you and your broker. Your broker’s outages, errors, order handling, and any fees or commissions it charges are governed by your agreement with that broker, not by these Terms, and we are not responsible for them.

NodVest is not a broker-dealer, is not an investment adviser, and does not provide personalized investment advice. Proposals reflect a strategy’s general rules applied to market data; they are not a recommendation tailored to your individual financial situation, objectives, or risk tolerance. You are solely responsible for evaluating whether any proposal is suitable for you. Nothing on the Service is tax or legal advice, and we encourage you to consult your own advisers.

You make and authorize every trade decision. The Service has no autopilot mode and no code path that submits an order to your broker without an affirmative, in-the-moment approval from you. We exercise no investment discretion over your account at any time.

2. Eligibility and your account

You must be at least 18 years old and legally able to enter a binding contract to use the Service. By using the Service you represent that you meet these requirements and that you and any brokerage account you connect are not subject to U.S. sanctions or located in a jurisdiction embargoed by the United States.

The NodVest app creates an anonymous, device-bound account automatically — there are no passwords and no signup form. Your subscription is linked to that device account through a one-time claim link sent to the email address you provide at checkout, which is the only personal information we collect. You are responsible for the security of your device and for anything that happens through your account.

3. Subscription, billing, cancellation, and refunds

The Service is offered by subscription, billed through Stripe on the plan and interval you select at checkout. Subscriptions renew automatically until canceled. You can cancel at any time from the billing portal linked in the app; cancellation takes effect at the end of the current billing period, and you retain access until then — we do not prorate or refund the unused portion of a period you cancel mid-cycle. Where a free trial is offered, a payment method is required to start it, and you will be charged automatically when the trial ends unless you cancel before it does.

Trial and observe mode: where a trial is offered, it begins with the app in observe mode — you see the trial strategy’s proposals as they would be sent, but no order is placed at your broker until you take the separate, explicit step in the app of turning live execution on. You can leave live execution off for as long as you like; nothing executes at your broker during observe mode.

Refund policy: subscription charges are generally non-refundable once a billing period has started, except where required by law. If you believe you were charged in error — a duplicate charge, a charge after you canceled, or a similar billing mistake — contact team@delvir.co within 30 days of the charge and we will review it in good faith. Because the Service is sold exclusively through nodvest.com and not through the App Store, Apple has no role in billing or refunds for NodVest.

4. No guarantee of execution, price, or delivery

We do not guarantee that any proposal will reach you, that you will be able to act on it before it expires, that an approved order will be accepted or filled by your broker, or that a fill will occur at any particular price. Push notifications can be delayed or fail to deliver; your brokerage’s systems can be unavailable, slow, or reject an order; markets can be closed or halted. These are foreseeable failure modes of the systems the Service depends on, and we disclaim liability for them to the fullest extent the law allows. When we can, we show you the resulting state plainly in the app rather than a silent failure.

Every proposal is factually bounded by two guardrails, described here so you know what to expect: an expiry window, after which the proposal can no longer be approved and simply lapses with no order placed; and a maximum price-drift limit, checked at the moment you approve — if the market price has moved beyond that limit since the proposal was generated, your approval is declined and no order is placed, even though you acted within the expiry window. These guardrails exist to protect you from acting on a stale price; they mean an on-time approval can still result in no trade.

5. Performance information

Any performance figures shown on the Service — returns, drawdown, volatility, or any other statistic — are historical and, where explicitly labeled as such, may reflect a strategy still under paper-trading evaluation rather than live trading. We label every strategy’s track record as either live or in testing, and a track record built through paper trading is never presented as a live or expectable return. Past performance, whether live or simulated, does not guarantee or predict future results. Investing involves risk of loss, including the possible loss of your entire principal, and you should never invest money you cannot afford to lose.

6. Acceptable use

You agree not to, and not to permit others to:

• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where applicable law expressly permits it.
• Scrape, mine, or systematically extract data from the Service outside the documented API.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its infrastructure.
• Use the Service for any unlawful purpose, including market manipulation or evasion of sanctions.
• Impersonate another person or misrepresent your affiliation with any person or entity.

We may suspend or terminate access for any account that violates this section.

7. Relationship to Apple’s license terms

Where you obtain the NodVest app through Apple’s App Store, it is licensed to you under Apple’s Standard End User License Agreement unless these Terms serve as a custom EULA, in which case: Apple is not a party to these Terms and has no obligation to furnish maintenance or support for the app. We, not Apple, are solely responsible for the app, its content, and any claims relating to it (including product liability, legal or regulatory compliance, and consumer-protection claims). Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Apple has no purchase or refund role in the Service because NodVest is sold only through nodvest.com; the app itself contains no purchase mechanism.

8. Intellectual property

The Service, including its software, design, text, and branding, is owned by Delvir or its licensors and protected by intellectual property law. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own use. All rights not expressly granted are reserved.

9. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY PROPOSAL, NOTIFICATION, OR ORDER WILL BE DELIVERED OR EXECUTED. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELVIR, ITS OFFICERS, MEMBERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY TRADING LOSSES, LOST PROFITS, OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE SUBSCRIPTION FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE. Nothing here excludes liability that cannot lawfully be excluded, such as liability for fraud or gross negligence.

11. Indemnification

You agree to indemnify, defend, and hold harmless Delvir and its officers, members, employees, and contractors from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from your breach of these Terms, your misuse of the Service, or trading decisions you make, except to the extent caused by our own willful misconduct or gross negligence.

12. Time limit to bring a claim

You agree that any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose, or it is permanently barred, to the extent permitted by applicable law.

13. Class-action waiver

You agree to bring any claim against us only in your individual capacity, not as a plaintiff or class member in any purported class, collective, or representative proceeding. Where applicable law does not permit this waiver for a particular claim, that claim (and only that claim) is excluded from this section.

14. Governing law and venue

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles, except where superseded by federal law or by mandatory consumer-protection law of your place of residence. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Wyoming, except that either party may bring an individual claim in small-claims court in the county where they reside if it qualifies. Before filing a formal claim, contact us at team@delvir.co so we can try to resolve it informally.

15. Termination

You may stop using the Service at any time, including by deleting your account from the app’s Settings, and by canceling your subscription through the billing portal. We may suspend or terminate your access if you violate these Terms, or discontinue the Service with reasonable notice where practicable. Sections that by their nature should survive termination (including disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

16. Assignment

We may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets — your subscription and these Terms will continue with the successor entity. You may not assign these Terms without our prior written consent.

17. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will update the “Effective” date above and, where required, notify you in the app or by email before the change takes effect. Continued use of the Service after a change takes effect means you accept the revised Terms.

18. Miscellaneous

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of it. These Terms, together with our Privacy Policy and Risk Disclosure, are the entire agreement between you and us regarding the Service.

19. Contact

Delvir Limited Liability Co.
30 N Gould St, Ste R
Sheridan, WY 82801, United States
team@delvir.co
App bundle identifier: com.delvir.nodvest