Terms of Use, Privacy Policy, and Regulatory Disclosures

Effective Date: April 2, 2026

This Terms of Use, Privacy Policy, and Regulatory Disclosure Statement (the “Agreement”) governs your access to and use of tuttlecap.com (the “Site”), operated by Tuttle Capital Management, LLC (“TCM,” “we,” “us,” or “our”).

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By accessing or using the Site, you agree to this Agreement.

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1. ABOUT TCM AND THE SITE

TCM is an investment adviser registered with the U.S. Securities and Exchange Commission (“SEC”) under the Investment Advisers Act of 1940.

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The Site provides general information regarding TCM, its investment strategies, and exchange-traded funds (“ETFs”). Content is for informational purposes only.

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2. NO OFFER, NO SOLICITATION, NO ADVICE

Nothing on this Site constitutes:

  • Investment, legal, or tax advice
  • An offer or solicitation to buy or sell securities
  • A recommendation or endorsement

ETF shares are offered only by prospectus in accordance with the Securities Act of 1933 and the Investment Company Act of 1940.

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3. ETF-SPECIFIC DISCLOSURES

3.1 Structure of ETFs

Shares of ETFs:

  • Are not individually redeemable
  • May be purchased and sold only on a national securities exchange
  • May trade at market prices that differ from net asset value (“NAV”)

Creation and redemption of ETF shares occur in large blocks (Creation Units) through authorized participants.

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3.2 Market Trading Risks

Investors may incur:

  • Brokerage commissions
  • Bid-ask spreads
  • Premiums or discounts relative to NAV

There can be no assurance that an active trading market will be maintained.

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3.3 Authorized Participants & Liquidity

Only authorized participants may transact directly with ETFs. Disruptions in:

  • Authorized participant activity
  • Market makers
  • Liquidity providers

may result in wider spreads and deviations from NAV.

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3.4 Leveraged, Inverse, and Derivatives Risk (if applicable)

Certain TCM ETFs may:

  • Use leverage or inverse strategies
  • Utilize derivatives (e.g., swaps, futures, options)

These products:

  • Are typically designed for short-term trading
  • May not be suitable for all investors
  • May exhibit compounding effects leading to performance divergence over time

Investors should actively monitor such investments.

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3.5 Volatility and Concentration Risk

Strategies may involve:

  • High portfolio turnover
  • Concentrated exposures
  • Volatile underlying assets (including crypto-linked instruments, if applicable)

These factors may increase risk and potential losses.

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4. PERFORMANCE DISCLOSURES

All performance information is subject to the SEC Marketing Rule (Rule 206(4)-1) and:

  • Is not indicative of future results
  • May not reflect investor-specific outcomes
  • May include limitations or assumptions

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5. EMAIL COMMUNICATIONS & MARKETING CONSENT

(unchanged substantively, but now operationally aligned with Beehiiv + Make.com pipeline)

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5.1 Consent

By submitting your email, you consent to receive communications via systems described in Section 9 (Privacy Policy).

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5.2 Regulatory Nature of Communications

All communications:

  • Are general in nature
  • Are not tailored to any individual
  • Do not constitute advice or recommendations

5.3 Opt-Out

You may unsubscribe at any time via email links or by contacting us.

We comply with the CAN-SPAM Act.

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5.4 No Advisory Relationship

Email communications do not establish:

  • An advisory relationship
  • Fiduciary obligations
  • Personalized recommendations

5.5 Third-Party Providers

We may use third-party vendors for distribution, subject to confidentiality obligations.

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6. USE OF THE SITE

You agree not to:

  • Use the Site for unlawful purposes
  • Attempt unauthorized access
  • Interfere with Site operations
  • Use automated extraction tools without permission

7. INTELLECTUAL PROPERTY

All Site content is owned or licensed by TCM and protected under applicable law.

Use is limited to personal, non-commercial purposes unless authorized.

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8. THIRD-PARTY LINKS

TCM is not responsible for third-party content, accuracy, or privacy practices.

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9. PRIVACY POLICY (ENHANCED & SITE-SPECIFIC)

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9.1 How Users Interact with the Site

User interaction with the Site is limited and primarily passive. Visitors:

  • Browse pages and navigate content
  • Do not create accounts or submit user-generated content

The only active data collection occurs via:

  • Contact form submissions
  • Newsletter signup forms (H.E.A.T. Formula)

The Site does not include:

  • User accounts or authentication
  • Commenting or public content submission
  • Interactive community features

9.2 Information We Collect

(a) Form Submissions

All form submissions are:

  • Captured and stored in Webflow’s backend
  • Retained indefinitely unless manually deleted

Contact Form

When submitted:

  • Name, email, and message are collected
  • Data is routed via Make.com
  • Delivered to TCM personnel via email
  • Stored in Webflow backend

Newsletter Signup (H.E.A.T. Formula)

When submitted:

  • Name and email are collected
  • Routed through Make.com
  • Opt-in status is confirmed
  • Transmitted to Beehiiv via API

Data Flow: Webflow → Make.com → Beehiiv

Subscriber data is then maintained within Beehiiv. Downstream use (e.g., segmentation, campaigns) is governed by TCM’s internal practices.

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9.3 Analytics and Tracking Technologies

Google Analytics (GA4)

Implemented via gtag.js (not via tag manager), GA4 collects:

  • Page views and session data
  • Device/browser information
  • Engagement metrics

Configuration includes:

  • Google Signals disabled (no cross-device tracking)
  • No user-provided data collection
  • Event retention: 2 months
  • User-level retention: 14 months
  • Enhanced Measurement enabled (scrolls, clicks, downloads)

No personally identifiable information is intentionally transmitted.

Webflow Analyze

Provides first-party analytics within Webflow:

  • Page views
  • Traffic metrics

No additional third-party sharing is introduced.

Webflow Optimize / Intellimize

Used for:

  • A/B testing
  • Content personalization

May dynamically modify user experience based on behavior and uses cookies or similar technologies.

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9.4 Cookies and Browser Storage

The Site uses:

  • Cookies (analytics and functionality)
  • LocalStorage (limited functional use)

LocalStorage Usage

Used solely to:

  • Suppress repeat display of modals (e.g., newsletter popups)

This is:

  • First-party only
  • Not used for cross-site tracking

Cookies

Cookies are used in connection with:

  • Google Analytics
  • Webflow platform functionality
  • Intellimize optimization

No use of:

  • Session replay tools
  • Behavioral profiling platforms
  • Advertising remarketing systems

9.5 Third-Party Service Providers

The Site uses the following providers:

Provider

Role

Webflow

Hosting, CMS, form storage

Google Analytics

Usage analytics

Webflow Analyze

First-party analytics

Intellimize

Testing and optimization

Make.com

Data routing automation

Beehiiv

Email marketing

These providers may process data on behalf of TCM subject to contractual safeguards.

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9.6 Data Sharing

TCM:

  • Does not sell personal data
  • Does not engage in third-party advertising data sharing

Data may be shared with:

  • Service providers listed above
  • Regulators or authorities if required

9.7 Data Retention

  • Webflow form submissions: retained indefinitely unless deleted
  • Google Analytics data: retained per GA4 settings (2–14 months)
  • Email subscriber data: retained within Beehiiv until unsubscribed or removed

9.8 International Users & Regulatory Considerations

The Site is accessed globally, including users in the European Union.

Under the General Data Protection Regulation (GDPR):

  • Analytics and optimization cookies may be classified as non-essential
  • Such cookies may require prior user consent

Current State: The Site does not implement a consent management platform (CMP), and tracking technologies may load automatically.

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This may create regulatory exposure for EU users.

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9.9 California Privacy Rights

Under the California Consumer Privacy Act, California residents may have rights to:

  • Access personal information
  • Request deletion
  • Opt out of certain data uses

TCM does not sell personal information.

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9.10 Data Security

We maintain reasonable safeguards. No system is fully secure.

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10. NO CLIENT RELATIONSHIP

Use of this Site does not create:

  • An investment advisory relationship
  • A fiduciary duty
  • Any contractual obligation

A formal written agreement is required.

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11. DISCLAIMER OF WARRANTIES

The Site is provided “as is” without warranties of any kind, including accuracy or completeness.

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12. LIMITATION OF LIABILITY

To the fullest extent permitted by law, TCM is not liable for:

  • Direct or indirect damages
  • Losses from reliance on Site content
  • Interruptions or errors

13. INDEMNIFICATION

You agree to indemnify TCM against claims arising from:

  • Your use of the Site
  • Violations of this Agreement

14. GOVERNING LAW

This Agreement is governed by the laws of the State of Connecticut.

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15. CHANGES TO THIS AGREEMENT

TCM may update this Agreement at any time. Continued use constitutes acceptance.

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16. CONTACT INFORMATION

Tuttle Capital Management, LLC
155 Lockwood Road, Riverside, CT 06878
‍info@tuttlecap.com