Official Regulatory Disclosures & Risk Statement
1. CFTC Rule 4.41 Mandatory Hypothetical Performance Disclosure
The Commodity Futures Trading Commission (CFTC) requires the following verbatim disclosure to be made by any person or entity presenting hypothetical, simulated, or backtested trading strategies or model returns:
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
Any historical win rates (e.g., 77.78%), simulated dollar returns, or backtested trajectory curves displayed on QuantumML™ are calculated through mathematical simulations and walk-forward out-of-sample models. Backtested metrics do not account for slippage, broker execution latency, exchange fees, borrowing costs, margin interest, or market liquidity constraints.
2. SEC Safe Harbor & Investment Advisers Act Publisher's Exclusion
2.1 Statutory Foundation: Elara AI is a technology development enterprise and quantitative publisher organized in the State of Texas, USA. Elara AI is NOT registered as an Investment Adviser under the Investment Advisers Act of 1940 (15 U.S.C. § 80b-1 et seq.) or with any state securities commission.
2.2 The Lowe v. SEC Doctrine: In Lowe v. Securities and Exchange Commission, 472 U.S. 181 (1985), the Supreme Court of the United States held that publishers of generalized, impersonal financial newsletters and software tools are excluded from the definition of an "investment adviser" pursuant to Section 202(a)(11)(D) of the Act.
2.3 Strict Adherence: Elara AI satisfies all three prongs established by federal law:
- Impersonal Research: The Service provides algorithmic calculations and market trajectories distributed identically to all subscribers. We never provide personalized advice, individual portfolio recommendations, or asset allocation tailored to your specific net worth or objectives.
- Bona Fide Publication: Elara AI publishes disinterested mathematical, astrological, and quantum simulations. We do not participate in pump-and-dump operations, front-running, or market manipulation.
- General & Regular Distribution: Platform updates and trajectory updates follow a regular, scheduled cadence (daily prior to the 09:30 AM ET market open).
3. Texas State Securities Board (TSSB) Notice
Elara AI operates from the State of Texas. Under the Texas Securities Act (Tex. Rev. Civ. Stat. Ann. art. 581-1 et seq.), Elara AI does not offer individualized investment management, advisory accounts, or securities brokerage. Texans and all US subscribers acknowledge that QuantumML™ is an analytical software research tool and that no broker-dealer or adviser relationship is established.
4. Leveraged & Inverse ETF Risks (FINRA Notice 09-31)
4.1 Daily Reset Compounding: In accordance with FINRA Regulatory Notice 09-31, leveraged and inverse exchange-traded products rebalance daily to achieve their stated investment objective. Because of daily compounding, mathematical volatility drag, and decay, the return of a leveraged fund over a holding period longer than one day will routinely differ significantly from the stated multiplier of the underlying index or commodity.
4.2 Intraday Horizon Calibration: QuantumML's trading signals are specifically modeled for single-session intraday holding periods:
- Session Entry: 09:30:00 AM ET (Regular Market Open)
- Session Exit: 16:00:00 PM ET (Regular Market Close — Flat Overnight)
- Overnight Prohibition: Models explicitly assume positions are closed flat at the closing bell. Subscribers who hold leveraged products overnight or across weekends assume catastrophic risk of gap-downs, daily rebalancing decay, and total capital loss.
5. Anti-Touting & Conflicts of Interest Statement (Securities Act § 17(b))
Pursuant to Section 17(b) of the Securities Act of 1933 (15 U.S.C. § 77q(b)), Elara AI hereby certifies that neither the Company, its owners, researchers, nor affiliates receive any direct or indirect compensation, consideration, shares, or remuneration from the issuers, fund sponsors, underwriters, or marketers of ProShares Ultra Silver (AGQ), iShares Silver Trust (SLV), ProShares UltraPro Short QQQ (SQQQ), or any other financial instrument featured on the platform. All research is conducted and published independently.
6. Technology, Data Latency & Feed Disclaimers
6.1 Third-Party Market Data: Market prices, historical data, and live quotes are aggregated via third-party providers including Yahoo Finance and public market feeds. Elara AI makes no warranty as to the uninterrupted availability, absolute timeliness, or precision of external feeds.
6.2 Swiss Ephemeris Calculations: Celestial ephemeris coordinates, planetary speeds, and nakshatra boundaries are computed using the Swiss Ephemeris mathematical library (Astrodienst AG). While astronomically precise, celestial harmonics represent algorithmic feature engineering inputs and do not guarantee market directionality.
7. Absolute Assumption of Financial Risk
Trading in financial markets entails high risk and is not suitable for all investors. You may lose all or more of your initial investment. You should never trade with capital you cannot afford to lose completely. Always consult with a licensed, credentialed financial adviser, accountant, or attorney before committing real capital to any financial transaction.