Terms of Service
Effective date: January 1, 2026
1. Agreement and Scope of Services
These Terms of Service form a binding agreement between you and Frostytrailway Inc. by using our website or engaging our advisory, research, or portfolio services you agree to these terms. Our services consist of independent investment analysis, research reports, portfolio advisory, and bespoke mandates. Each engagement is governed by these terms together with any separate written agreement that sets out the scope, fees, deliverables, and timelines for the specific engagement. Where a separate agreement exists, that agreement controls to the extent it conflicts with these terms. You acknowledge that investment research is inherently forward-looking and involves assumptions and estimates. Nothing in our materials or discussions constitutes a promise of specific returns or guarantees. Clients are responsible for their investment decisions and for ensuring that any recommendation fits their objectives and constraints.
2. Services, Fees, and Billing
We provide services on subscription, project, or retained mandate models. Fees and billing schedules are set out in the relevant engagement letter or proposal. Fees may include fixed retainers, per-project fees, hourly rates, or success-based components as agreed. Payments are due according to the terms in the engagement letter. For subscription clients, periodic invoices will be issued monthly or quarterly as specified. Where custom data or third-party datasets are required, those costs may be invoiced separately or reimbursed by the client. All fees are stated in United States dollars unless otherwise noted. Late payments may incur interest at a commercially reasonable rate. If you dispute any invoice, you must notify us promptly and the parties will work together in good faith to resolve the dispute while undisputed portions of invoices remain payable.
3. Confidentiality and Use of Information
We recognize the confidential nature of client information. Unless otherwise agreed in writing, we will keep client data and nonpublic information confidential and use it solely to perform the agreed services. We may share necessary information with service providers acting on our behalf under contract and subject to confidentiality obligations. Clients consent to the use of anonymized, aggregate data for internal research improvement and non-identifying statistical purposes. Frostytrailway will not disclose client confidential information except where required by law or regulatory process, in which case we will provide notice to the client when permitted. Clients are responsible for maintaining the confidentiality of access credentials and for promptly notifying us of any unauthorized access or suspected data breaches.
4. Intellectual Property
All intellectual property rights in our research, reports, models, databases, and website content remain the exclusive property of Frostytrailway unless otherwise specified in a written agreement. Clients are granted a limited, non-transferable license to use delivered materials for internal purposes and for implementation of agreed recommendations. Redistribution, resale, public posting, or sublicensing of our materials without prior written consent is prohibited. If an engagement includes deliverables that are intended to be client-owned, that will be expressly documented in the engagement letter. We reserve the right to use anonymized case studies or aggregated performance data for marketing or research subject to the confidentiality provisions in these terms.
5. Limitation of Liability and Disclaimers
Our research and services are provided for informational purposes and do not constitute investment advice tailored to your personal circumstances unless expressly agreed. To the extent permitted by law, Frostytrailway and its affiliates will not be liable for indirect, special, incidental, or consequential damages, lost profits, or lost data arising out of or in connection with the services. Our total aggregate liability for direct damages is limited to the fees paid by the client for the specific service that gave rise to the claim during the twelve months preceding the claim, except in cases of willful misconduct or gross negligence where such limits may not apply under applicable law. Clients acknowledge that investing involves risk and that past performance is not indicative of future results.
6. Indemnification
You agree to indemnify and hold Frostytrailway and its officers, directors, employees, agents and partners harmless from and against any third-party claims, liabilities, damages and expenses arising from your misuse of our services, breach of these terms, violations of law, or your negligence in providing accurate information required for our services. We will provide notice of claims and cooperate in defense where reasonable. This indemnity obligation will survive termination of these terms and remains in effect as governed by the applicable engagement agreement.
7. Termination and Suspension
Either party may terminate a project engagement in accordance with the termination provisions set out in the engagement letter. For subscription services, clients may cancel after the minimum subscription period if one applies. We reserve the right to suspend access to services if fees are unpaid or if continued provision of services would violate law or present undue risk. Upon termination, we will provide reasonable assistance to transition deliverables and, where applicable, return or destroy confidential client materials as directed. Fees for work performed up to termination remain payable and certain expenses or third-party costs may be nonrefundable as set out in the engagement terms.
8. Governing Law and Dispute Resolution
These Terms and any engagement agreements are governed by the laws of the State of California, United States, without regard to conflict of law principles. Parties will first attempt to resolve disputes through good faith negotiation. If unresolved within 60 days, disputes shall be submitted to binding arbitration in San Francisco, California, under rules agreed at the time or under the American Arbitration Association rules, unless otherwise agreed. Each party bears its own costs and reasonable arbitration fees are shared as determined by the arbitrator. Nothing in this section prevents either party from seeking equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.
9. Updates and Changes to Terms
We may revise these Terms of Service from time to time to reflect changes in our services, legal requirements, or business practices. Material changes will be posted on this page with an updated effective date. Continued use of our services after posting constitutes acceptance of the revised terms. Where an engagement agreement exists, material changes that adversely affect ongoing services will be discussed and reflected in a revised engagement letter as required by the parties.
10. Contact Information
If you have questions about these terms, please contact us:
125 Market St, Suite 400
San Francisco, CA 94105, United States
Phone: +1 415-555-0135
Email: [email protected]