These Terms of Service (“Terms”) are a binding agreement between you and Development & Technology Consultations LLC (“D&TC,” “Phoenix,” “we,” “us”). By accessing or using dtconsultations.com or any Service, you agree to these Terms, our Risk Disclosure, and our Privacy Policy, each incorporated by reference. If you do not agree, do not use the Services.
01Eligibility
You must be at least 18 years old and able to form a binding contract. By using the Services, you represent that you meet these requirements.
02The Services
We provide trading education, market analysis, alerts/signals, indicators, tools, community access, and custom software development. All Services and materials — including without limitation videos, images, text, alerts, indicators, and software — are for educational and informational purposes only and are not financial advice. Your use is governed by the Risk Disclosure, which you should read in full.
03Accounts
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorized use. We may suspend or terminate accounts that violate these Terms.
04Subscriptions, billing, and cancellation
Certain Services are paid subscriptions billed on a recurring (monthly or quarterly) basis. By subscribing, you authorize us and our payment processor to charge your payment method on each renewal until you cancel. You may cancel at any time, effective at the end of the current billing period; cancellation stops future charges but does not retroactively refund the current period unless required by law. Refund policy: All subscription fees are non-refundable except where required by law. Prices and plans may change on prospective notice.
05Acceptable use
You agree not to: use the Services for any unlawful purpose; share, resell, redistribute, or provide access to paid content, alerts, or indicators to non-subscribers; reverse engineer, copy, or create derivative works from our software or materials; scrape or harvest data; disrupt or attack the Services; or impersonate others. Access is for your individual, personal use only.
06Intellectual property
All content and materials provided through the Services — including without limitation all videos, images, text, charts, course materials, indicators, source code, applications, branding, and the “Phoenix” and “D&TC” marks — are owned by D&TC or its licensors and are protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the materials for your own educational use only. All rights not expressly granted are reserved. Any unauthorized copying, distribution, public display, or commercial use is strictly prohibited and may result in termination and legal action.
07User content
If you submit content (for example, comments or community posts), you grant us a non-exclusive, royalty-free license to use it in connection with the Services. You are responsible for your content and must have the rights to share it.
08Custom development engagements
Custom software and automated-application development (including engagements originated through platforms such as Upwork) are performed according to the client’s instructions and specifications and may be governed by a separate statement of work or contract, which controls in the event of a conflict. Unless otherwise agreed in writing, the client is solely responsible for the testing, deployment, operation, and use of any delivered application — including any connection to the client’s brokerage account — and for all resulting outcomes. We are not responsible for trades, losses, errors, or damages arising from the client’s use of delivered software.
09Third-party platforms
The Services may require or integrate third-party platforms (for example, Discord, TradingView, payment processors, brokerages). Your use of those platforms is subject to their terms, and we are not responsible for them.
10Disclaimer of warranties
11Limitation of liability
12Indemnification
You agree to indemnify and hold harmless D&TC and its owners, members, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your trading or investment decisions, your content, or your violation of these Terms or any law or third-party right.
13Termination
We may suspend or terminate your access at any time for any violation of these Terms or for any lawful reason. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
14Dispute resolution; arbitration; class-action waiver
Any dispute arising out of or relating to the Services or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, seated in Fairfax County, Virginia, rather than in court, except that either party may bring an individual claim in small-claims court. You and D&TC waive any right to a jury trial and to participate in a class, collective, or representative action. If this class-action waiver is found unenforceable, the arbitration provision is void as to that claim only.
15Governing law and venue
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. Subject to Section 14, the exclusive venue for any permitted court action is the state and federal courts located in Fairfax County, Virginia.
16General
These Terms (with the Risk Disclosure and Privacy Policy) are the entire agreement between you and us regarding the Services. If any provision is held unenforceable, the rest remains in effect, and the unenforceable provision will be enforced to the maximum extent permitted (severability). Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may. We are not liable for delays or failures caused by events beyond our reasonable control (force majeure). We may update these Terms on prospective notice; continued use constitutes acceptance.