Legal

Terms & Conditions

The terms governing your use of CleverAlpha's website and investment advisory services.

Effective Date: February 5, 2026  |  Last reviewed: November 2026  |  CleverAlpha Asset Management, LLC (CRD #301620 • SEC File No. 801-117634)  |  Download Official Signed PDF

1. Acceptance of Terms & Scope

By accessing or using the CleverAlpha website (www.cleveralpha.com), our Operational Interactive Website ("OIW") web and mobile applications, our public interactive calculators and analyzers, or our AI voice and chat concierge features (collectively, the "Platform"), you agree to be bound by these Terms of Service and Use ("Terms"). If you do not agree to these Terms, do not access or use the Platform.

These Terms apply to all prospective visitors, calculator users, and advisory clients of CleverAlpha Asset Management, LLC ("CleverAlpha"). Where you have entered into a signed Investment Advisory Agreement ("IAA") with CleverAlpha, your IAA and our Form ADV Part 2A Brochure govern the investment advisory relationship in the event of any conflict with these Terms.

2. Investment Advisory Services & Rule 203A-2(e) OIW Exclusivity

CleverAlpha Asset Management, LLC is registered as an investment adviser with the U.S. Securities and Exchange Commission (SEC) under SEC File No. 801-117634 (CRD #301620) pursuant to the Internet Investment Adviser exemption under Rule 203A-2(e) of the Investment Advisers Act of 1940 (17 CFR § 275.203A-2(e)).

Our discretionary portfolio management, algorithmic asset allocation, and tax-optimization advisory services are provided exclusively through the OIW pursuant to an executed Investment Advisory Agreement and a funded brokerage account at our independent qualified custodian, Charles Schwab & Co., Inc. (Member FINRA/SIPC). Accessing this public website, using free calculators, or communicating with administrative/technical support does not create an investment adviser-client or fiduciary relationship.

3. Identity Verification, Biometric KYC & Cross-Border Data Consent

To comply with federal Customer Identification Program (CIP) and Anti-Money Laundering (AML) obligations during account onboarding, CleverAlpha utilizes institutional verification workflows through Charles Schwab & Co., Inc., DocuSign (SMS-OTP signer authentication), and HyperVerge (identity document and facial biometric liveness verification).

By initiating account onboarding on the Platform, you explicitly authorize CleverAlpha and HyperVerge to collect, process, and verify images of your government-issued identification document and facial biometric liveness data solely for identity verification and fraud prevention. You acknowledge and consent that identity verification data may be transmitted to and processed across secure cloud infrastructure and virtual desktop facilities inside and outside the United States (including HyperVerge's secure facilities), subject to strict contractual confidentiality, encryption, and a mandatory 14-day vendor PII purge schedule following verification.

4. AI/ML Models, Interactive Calculators & Third-Party Data Disclaimers

All investments involve risk, including the possible loss of principal. CleverAlpha does not guarantee any specific investment outcome, return, or tax savings, and past performance is not indicative of future results.

  • Algorithmic & Probabilistic AI Risk (Section 5.2): Core portfolio construction and drift rebalancing are driven by rules-based quantitative models (CAPM and Black-Litterman) operating without real-time human intervention during rapid market dislocations or flash crashes. Separately, generative AI features on the Platform (including the AI Voice Concierge, CLAW assistant, daily portfolio narratives, and opt-in AI Tax Asset Location commentary processed via AWS Bedrock) are probabilistic in nature, may exhibit model drift or generate incomplete/inaccurate outputs ("hallucinations"), and cannot autonomously execute trades or transfer funds without explicit client authorization in the OIW.
  • Public Calculators & Rollover Analyzer Safe Harbor: All public calculators and simulators on www.cleveralpha.com (including the Retirement Planner, Rollover Analyzer, 529 Analyzer, Social Security Analyzer, IRA Deductibility Checker, Child Investment Calculator, Trump Accounts Calculator, Asset Location Simulator, and Allocation Model) are self-directed educational tools only. Calculator outputs rely on user-supplied inputs and simplified statutory assumptions, do not constitute personalized investment advice, and do not constitute a fiduciary recommendation under ERISA or DOL PTE 2020-02 to roll over assets from an employer-sponsored plan (401(k)/403(b)) to an IRA.
  • Third-Party Data Feeds & Aggregation (Section 5.3): The Platform relies on market data, account aggregation, and payment rails from third-party providers (including Charles Schwab & Co., Inc., MX Technologies, Dwolla, and Intrinio). CleverAlpha is not liable for investment decisions, calculation discrepancies, or losses resulting from delayed, interrupted, stale, or inaccurate third-party data feeds.
  • No Legal, Tax, or Accounting Advice (Section 5.4): Platform outputs, tax-loss harvesting mechanics, and calculator projections are provided for informational purposes only and do not constitute legal, tax, or accounting advice. You are solely responsible for consulting a qualified CPA or tax attorney and monitoring external accounts for IRS wash-sale compliance (IRC § 1091) before acting on any tax-related strategy.

5. Permitted Use of the Website & Intellectual Property

You may use the Platform for lawful personal or authorized institutional evaluation purposes only. You agree not to:

  • Use the Platform in any manner that violates applicable federal, state, or local laws or regulations
  • Attempt to gain unauthorized access to any portion of our systems, APIs, or cloud infrastructure
  • Transmit any malware, unsolicited advertising, or unauthorized promotional material
  • Engage in any conduct that restricts, impairs, or inhibits anyone's use or enjoyment of the Platform
  • Use automated scrapers, bots, or data-extraction tools to harvest content or reverse-engineer our quantitative models without express written permission

All content on the Platform — including text, quantitative models, software code, visual design, graphics, and trademarks — is the proprietary property of CleverAlpha Asset Management, LLC, CleverAlpha Technologies, LLC, or their licensors and is protected by applicable intellectual property laws.

6. Limitation of Liability & Non-Waivable Statutory Rights

To the fullest extent permitted by applicable law, CleverAlpha, its affiliated entities, officers, principals, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your access to or use of the Platform, public calculators, AI concierge tools, or third-party data feeds, including but not limited to investment losses, lost profits, tax penalties, loss of data, or business interruption.

Except as otherwise required by law, our aggregate liability to you for any claim arising out of or relating to your use of the Platform shall not exceed the total advisory fees, if any, paid by you to CleverAlpha in the twelve (12) months preceding the event giving rise to the claim.

Statutory Non-Waiver Notice: Nothing in these Terms (or in any Investment Advisory Agreement) shall be interpreted to waive, limit, or modify any non-waivable fiduciary duty or right you may have under the Investment Advisers Act of 1940, federal or state securities laws, or any other applicable law.

7. Third-Party Links and Services

The Platform may contain links to third-party websites or regulatory portals (including Charles Schwab & Co., Inc., SEC IAPD, FINRA BrokerCheck, and SIPC). CleverAlpha is not responsible for the availability, content, or privacy practices of external third-party websites.

8. Governing Law & Binding Arbitration (Sections 7.2 & 7.4)

These Terms are governed by the laws of the State of California (without regard to conflict-of-law principles), provided that the interpretation and enforcement of the arbitration agreement below are governed exclusively by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

Before initiating any formal proceeding, you agree to notify CleverAlpha in writing at support@cleveralpha.com to seek an informal resolution. If a dispute arising out of or relating to these Terms or your use of the Platform is not resolved informally within thirty (30) days, it shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules (or FINRA arbitration solely where required for broker-dealer disputes). To the fullest extent permitted by law and applicable arbitration rules, arbitration hearings shall be conducted virtually via secure video conference (such as Google Meet) unless the arbitrator determines that a physical hearing in Los Angeles County, California is required.

9. Modifications to These Terms (Section 8.2)

CleverAlpha reserves the right to modify these Terms at any time. We will notify existing advisory clients of material changes via email or prominent in-application notice on the OIW, in addition to our annual delivery cycle on or before February 5 of each year. Your continued use of the Platform following notice or publication of updated Terms constitutes your acceptance of the modified Terms.

10. Contact Us

Email: support@cleveralpha.com
Mail: Chief Compliance Officer, CleverAlpha Asset Management, LLC, 5155 West Rosecrans Ave, Suite 320A, Hawthorne, CA 90250
Phone: 310-293-7837