Terms of Service
Operated by Index Gurus, Inc. · drawdowniq.ai
These Terms contain critical disclaimers about the nature of DrawDownIQ's services, including limitations of liability, a mandatory arbitration clause, a class action waiver, and explicit disclaimers that DrawDownIQ does not provide tax, legal, or financial advice. By using this service, you agree to be bound by these terms in their entirety.
Contents
1. Acceptance of Terms
By accessing or using DrawDownIQ ("Service"), operated by Index Gurus, Inc. ("Company," "we," "us," or "our") at drawdowniq.ai, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Service.
These Terms apply to all visitors, registered users, and any other individuals who access or use the Service in any capacity, including financial professionals using the Service on behalf of clients.
We reserve the right to modify these Terms at any time. Continued use of the Service following notification of changes constitutes acceptance of the revised Terms. We will provide notice of material changes via email or a prominent notice on the Service.
2. Description of Service
DrawDownIQ is a financial modeling and analysis platform that helps users evaluate retirement account withdrawal sequences for the purpose of understanding potential tax implications. The Service provides data-driven modeling tools, scenario comparisons, and educational content related to retirement income planning.
The Service is designed to be used as one input in a broader financial planning process and is not intended to be the sole basis for any financial, tax, investment, or legal decision.
3. ⚠ Critical Tax & Financial Disclaimer
DrawDownIQ is an educational and analytical tool only. Nothing on this platform — including any output, report, recommendation, model, projection, or analysis — constitutes tax advice, financial advice, investment advice, or legal advice of any kind.
You expressly acknowledge and agree to all of the following:
- DrawDownIQ does not provide personalized tax advice and is not a substitute for consultation with a qualified tax professional, Certified Public Accountant (CPA), Enrolled Agent (EA), Certified Financial Planner (CFP), or licensed attorney.
- All outputs generated by DrawDownIQ are based solely on the information you provide. The accuracy, completeness, and reliability of results depend entirely on the accuracy and completeness of your inputs.
- Tax laws, regulations, and rates are subject to change at any time by federal, state, and local governments. DrawDownIQ makes no representation that its models reflect current law or will remain accurate following any legislative or regulatory change.
- Individual tax situations involve unique facts and circumstances that automated modeling tools cannot fully account for. Results should be reviewed and validated by a qualified tax professional before being relied upon.
- Projections and scenarios generated by DrawDownIQ are hypothetical and illustrative only. Past modeling accuracy does not guarantee future accuracy.
- DrawDownIQ does not account for all tax variables that may apply to your situation, including but not limited to: alternative minimum tax (AMT), net investment income tax (NIIT), state-specific tax rules, estate and gift tax implications, trust taxation, foreign account reporting obligations, or changes in marital or dependent status.
- Any decision to change your retirement withdrawal strategy should be made in consultation with a qualified financial or tax professional who is familiar with your complete financial situation.
Strongly recommended: Before making any changes to your retirement withdrawal strategy based on DrawDownIQ outputs, consult a qualified CPA, CFP, or tax attorney who is familiar with your complete financial picture, including income sources, deductions, credits, estate planning goals, and applicable state tax law.
4. No Professional Relationship
Use of DrawDownIQ does not create a fiduciary relationship, advisory relationship, attorney-client relationship, accountant-client relationship, or any other professional relationship between you and Index Gurus, Inc. or any of its employees, contractors, or affiliates.
Index Gurus, Inc. is not a registered investment advisor, broker-dealer, tax preparer, or financial planner. The Company does not hold any licenses that would authorize it to provide personalized investment, tax, or financial advice.
5. User Responsibilities
5.1 Accuracy of Information
You are solely responsible for the accuracy and completeness of all information you input into DrawDownIQ. Inaccurate or incomplete inputs will produce inaccurate or incomplete outputs. We bear no responsibility for errors in modeling that result from inaccurate user-provided data.
5.2 Independent Verification
You agree to independently verify all outputs, projections, and recommendations generated by DrawDownIQ with a qualified tax or financial professional before taking any action. You acknowledge that reliance on DrawDownIQ outputs without independent professional verification is done entirely at your own risk.
5.3 Professional Users
If you are a financial advisor, CPA, tax professional, or other financial services professional using DrawDownIQ on behalf of clients, you acknowledge that:
- You remain solely responsible for any advice or recommendations you provide to your clients.
- DrawDownIQ outputs are tools to support your professional analysis, not a replacement for your professional judgment.
- You are responsible for ensuring that your use of DrawDownIQ complies with all applicable professional licensing requirements, fiduciary duties, and regulatory obligations.
- Your clients' reliance on any advice you provide using DrawDownIQ data remains your professional responsibility, not that of Index Gurus, Inc.
5.4 Prohibited Uses
You agree not to use the Service to:
- Provide tax, legal, or financial advice to third parties without appropriate professional licensure.
- Misrepresent DrawDownIQ outputs as professional tax or financial advice.
- Circumvent, disable, or interfere with any security features of the Service.
- Reverse-engineer, copy, or reproduce the Service's methodology or algorithms.
- Use the Service in violation of any applicable law or regulation.
- Transmit malicious code, viruses, or any other harmful content through the Service.
6. Limitation of Liability
This section significantly limits our liability to you. Please read it carefully before using the Service.
6.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6.2 Limitation on Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INDEX GURUS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
- LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANTICIPATED SAVINGS;
- TAX PENALTIES, INTEREST, UNDERPAYMENTS, OR ASSESSMENTS ARISING FROM RELIANCE ON SERVICE OUTPUTS;
- FINANCIAL LOSSES RESULTING FROM RETIREMENT WITHDRAWAL DECISIONS INFORMED BY THE SERVICE;
- COST OF SUBSTITUTE GOODS OR SERVICES;
WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 Cap on Liability
IN JURISDICTIONS THAT DO NOT ALLOW COMPLETE EXCLUSION OF LIABILITY, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
6.4 Essential Basis
You acknowledge that the limitations of liability in this Section 6 are an essential element of the bargain between you and us, without which we would not have entered into this agreement or provided the Service.
7. Indemnification
You agree to indemnify, defend, and hold harmless Index Gurus, Inc. and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms;
- Your use or misuse of the Service;
- Your reliance on Service outputs without independent professional verification;
- Any advice or recommendations you provide to third parties based on Service outputs;
- Your violation of any third-party rights;
- Your violation of any applicable law or regulation.
8. Dispute Resolution & Arbitration
This section requires you to resolve disputes through binding individual arbitration rather than court proceedings and waives your right to participate in class action lawsuits. Please read carefully.
8.1 Informal Resolution
Before initiating any formal dispute process, you agree to contact us at support@drawdowniq.ai and provide a written description of the dispute, your desired resolution, and your contact information. We will attempt in good faith to resolve the dispute informally within thirty (30) days.
8.2 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, except as otherwise provided herein. The arbitration shall be conducted in Concord, California, or via videoconference at either party's request.
8.3 Class Action Waiver
YOU AND INDEX GURUS, INC. EACH WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION OR CLASS-WIDE ARBITRATION. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
8.4 Exceptions
Notwithstanding the foregoing, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims for intellectual property infringement are excluded from arbitration.
8.5 Governing Law & Venue
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. For matters not subject to arbitration, you consent to exclusive jurisdiction in the state and federal courts located in Contra Costa County, California.
9. Intellectual Property
All content, features, functionality, design, code, algorithms, and methodology comprising DrawDownIQ are the exclusive property of Index Gurus, Inc. and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for personal or internal professional use in accordance with these Terms. This license does not include the right to reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any portion of the Service.
10. Subscription, Billing & Refunds
Certain features of DrawDownIQ require a paid subscription. By subscribing, you authorize us to charge your payment method on a recurring basis at the rates presented at checkout. All fees are in US dollars and are non-refundable except as required by applicable law or as expressly stated in our refund policy.
We reserve the right to modify pricing at any time with thirty (30) days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing. You may cancel your subscription at any time; cancellation will take effect at the end of the current billing period.
11. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Service immediately ceases. Sections 3, 4, 6, 7, 8, 9, and 12 survive termination of these Terms.
12. Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Index Gurus, Inc. regarding the Service.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction.
Force Majeure: We shall not be liable for any failure or delay resulting from causes beyond our reasonable control, including acts of God, government action, pandemic, or internet outages.
13. Contact
For questions about these Terms, please contact:
Index Gurus, Inc. d/b/a DrawDownIQ
5350 Paso Del Rio Way, Concord, California 94521