Terms of Service
Updated as of July 15, 2026
1. Acceptance of Terms
By accessing or using onlyfunds.com, our mobile applications, and any other online services we offer (collectively, the "Platform"), you agree to be bound by these Terms of Service, our Privacy Policy, and any other policies referenced here (together, "you" or "your"), on your own behalf and on behalf of any organization you represent. Please read them carefully.
Section 16 ("Dispute Resolution; Arbitration Agreement") requires you and OnlyFunds to resolve most disputes through individual, binding arbitration rather than in court, and includes a class action waiver. Please read that section carefully, as it affects your legal rights. You may opt out of arbitration as described in Section 16.
2. General Information
OnlyFunds is offered by Phillips Capital LLC ("OnlyFunds," "we," "us," or "our"). Investment advisory services are provided pursuant to a separate Advisory Agreement that clients enter into when opening an account; if you have not opened an advisory account, your use of the Platform is governed solely by these Terms of Service. If there is any conflict between these Terms of Service and an Advisory Agreement, the Advisory Agreement controls for advisory clients.
Brokerage and custody services are provided by Interactive Brokers LLC, an SEC-registered broker-dealer and member of FINRA/SIPC.
3. Use of the Platform
The Platform is intended only for individuals age 18 or older who are located in the United States. By using the Platform, you represent that you meet these requirements and are legally able to enter into these Terms of Service. We make no representation that the Platform is appropriate, available, or legal to use outside the United States.
4. Conditions of Use
You agree to use the Platform only for lawful, personal, non-commercial purposes and to comply with all applicable laws, including privacy, intellectual property, and securities laws. You agree not to: use bots, scrapers, or other automated tools to access, copy, or monitor the Platform, other than standard search engine indexing; use any device or software to navigate the Platform other than a standard, generally available web browser or our mobile applications; upload or transmit viruses, malware, or any code intended to disrupt the Platform; or attempt to reverse-engineer, decompile, or disassemble any software underlying the Platform.
5. Access to the Platform
We may suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including a suspected violation of these Terms of Service. We may investigate suspected violations and may cooperate with law enforcement or comply with court orders requiring disclosure of relevant information. Provisions of these Terms of Service that by their nature should survive termination (including ownership, indemnification, and limitation of liability) will survive.
6. Performance Displays
Any performance information shown on the Platform reflects the timing of trades, deposits, withdrawals, and allocation changes; includes dividends; and is shown net of OnlyFunds' management fee. Past performance does not guarantee future results, and market conditions will affect your actual returns. Performance and market data displayed on the Platform may be compiled from third-party sources we believe to be reliable but do not independently verify.
Investing involves risk, including the possible loss of principal, and there is no guarantee that any investment strategy will be successful.
7. Platform Is for Educational Use Only
The publicly available portions of the Platform (i.e., areas not requiring a client login) are provided for general educational purposes only and do not constitute personalized legal, tax, or financial advice. You are responsible for your own investment decisions, and you agree not to rely on the public portions of the Platform as the primary basis for any investment decision. Except as otherwise agreed in an Advisory Agreement, OnlyFunds is not liable for actions you take based on information found in the public portions of the Platform.
8. Account Security
Access to password-protected areas of the Platform is restricted to authorized users. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@onlyfunds.com if you suspect unauthorized access to your account. You agree that the information you provide when registering for the Platform is accurate, current, and complete.
OnlyFunds maintains administrative, technical, and physical safeguards designed to protect your personal information, as described in our Privacy Policy.
9. Communications
We may send you account notifications, security alerts, and other messages related to the Platform by email, text, or in-app notification. These messages will never include your password. It is your responsibility to keep your contact information with us up to date. You may opt out of marketing communications at any time; you may not opt out of required account or legal notices.
We may monitor or record communications between you and OnlyFunds (including calls, chats, and emails) for quality assurance, training, security, and compliance purposes, to the extent permitted by law.
10. Site Availability
We aim to keep the Platform available at all times but do not guarantee uninterrupted access. The Platform may be unavailable due to scheduled maintenance, technical issues, high trading volume, or factors outside our control. You agree that OnlyFunds is not responsible for losses resulting from an inability to access the Platform, regardless of cause.
11. Network Security and External Links
The internet is not a fully secure medium, and communications sent over it may be intercepted by unauthorized parties. Do not send sensitive information (such as account numbers or passwords) over unencrypted email. The Platform may link to third-party content that OnlyFunds does not control, endorse, or assume responsibility for. Access third-party links at your own risk.
12. Limited Liability
To the fullest extent permitted by law, OnlyFunds and its officers, directors, employees, and agents are not liable for any indirect, special, punitive, consequential, or incidental damages arising from your use of the Platform, including lost profits or lost opportunity, regardless of whether such damages were foreseeable. In no event will OnlyFunds' total liability to you under these Terms of Service exceed U.S. $100. Some states do not allow certain liability limitations, so some of the above may not apply to you.
13. No Warranties
The Platform and its content are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the Platform will be error-free, secure, or uninterrupted. Use of the Platform is at your own risk.
14. Indemnification
You agree to indemnify and hold OnlyFunds harmless from any claims, losses, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms of Service or misuse of the Platform.
15. Governing Law and Venue
These Terms of Service and any dispute arising from them are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except to the extent superseded by federal law. Any dispute not subject to arbitration under Section 16 will be resolved exclusively in the state or federal courts located in Delaware, and you consent to venue there.
16. Dispute Resolution; Arbitration Agreement
16.1 Agreement to Arbitrate. You and OnlyFunds agree that any dispute, claim, or controversy arising out of or relating to your use of the Platform or these Terms of Service will be resolved by individual, binding arbitration rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights.
16.2 Informal Resolution First. Before starting an arbitration, you agree to contact us at support@onlyfunds.com with a written description of your claim and the relief you're seeking. We will attempt in good faith to resolve the dispute directly with you for 60 days before either party initiates arbitration.
16.3 Waiver of Jury Trial and Class Actions. You and OnlyFunds each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative proceeding. Claims must be brought individually.
16.4 Arbitration Administrator. OnlyFunds will select a reputable arbitration administrator (such as the American Arbitration Association or JAMS) and will provide you with that administrator's applicable rules at the time a dispute arises. Arbitration will be conducted by a single arbitrator under those rules, and judgment on the award may be entered in any court of competent jurisdiction.
16.5 Right to Opt Out. You may opt out of this arbitration agreement by emailing support@onlyfunds.com within 30 days of first agreeing to these Terms of Service, including your full name, mailing address, and a clear statement that you wish to opt out of arbitration. The rest of these Terms of Service will continue to apply.
17. Waiver and Severability
Our failure to enforce any part of these Terms of Service is not a waiver of that provision. If any provision is found invalid or unenforceable, the remaining provisions will remain in full effect.
18. Assignment
You may not assign these Terms of Service without our prior written consent. OnlyFunds may assign these Terms of Service without restriction.
19. Changes to These Terms
We may update these Terms of Service from time to time by posting a revised version on the Platform. Continued use of the Platform after changes take effect constitutes acceptance of the revised terms.
20. Feedback
If you send us feedback or suggestions, you agree that we may use them without restriction or compensation to you, and that any intellectual property rights in that feedback belong to OnlyFunds.
21. Contact Us
Questions about these Terms of Service can be sent to support@onlyfunds.com.
Phillips Capital LLC
296 W 11th St, 1R
Important Disclosures
Information on this Platform is educational only and is not personalized investment, tax, or legal advice.
Investment advisory services are provided by Phillips Capital LLC, doing business as OnlyFunds, a registered investment adviser with the U.S. Securities and Exchange Commission. Brokerage and custody services are provided by Interactive Brokers LLC, an SEC-registered broker-dealer and member of FINRA/SIPC.
Investing involves risk, including possible loss of principal. Investments are Not FDIC Insured, Not Bank Guaranteed, and May Lose Value. Before investing, consider your investment objectives and OnlyFunds' fees and expenses.
No OnlyFunds entity is a bank.
© 2026 Phillips Capital LLC. All rights reserved.