Last Updated: May 12, 2026
These Additional Terms of Use for Indices govern your access or use of index data, other data and prices, and related information and materials ("Index Data") provided and/or licensed by Agora Intelligence Inc. (d/b/a Tilt) ("Agora"), or otherwise available to you on our website or via our app. Access or use of the Index Data (including via the tilt.io website or app) is subject to these Additional Terms of Use.
As a user of information contained in the Index Data, you assume the entire risk of any use you directly or indirectly make of the Index Data. You understand and agree that the Index Data is provided "as is" and Agora does not represent or warrant the accuracy, completeness, non-infringement, originality, timeliness, merchantability or any other characteristic of the Index Data. Except where Agora has provided its prior written approval or agreed to specific terms and conditions in a license agreement, the Index Data is for personal, non-commercial use only.
Historical data and analysis should not be taken as an indication or guarantee of any future performance, analysis, forecast, or prediction.
Hypothetical and Backcasted Performance. Where Index Data includes or references historical performance figures, such figures may reflect hypothetical or backcasted calculations in which current or recent index methodology and constituent weights are applied retroactively to historical market data ("Backcasted Performance"). Backcasted Performance does not represent the actual historical performance of any Agora index. It is calculated with the benefit of hindsight and cannot account for market impact, liquidity constraints, transaction costs, rebalancing frictions, or other factors that would affect performance in actual trading conditions. Past hypothetical performance, including Backcasted Performance, is not indicative of future results. Any licensee or other third party that uses or displays Index Data that includes Backcasted Performance must clearly and prominently disclose to end users that such figures are hypothetical, based on backcasted calculations, and do not represent actual historical index returns. Agora does not represent that any licensee's display of Backcasted Performance complies with the requirements of any securities regulator, including the U.S. Securities and Exchange Commission, the Canadian Investment Regulatory Organization, or any provincial securities commission.
Third-Party and Licensee Use. Agora may license Index Data to financial institutions, investment platforms, and other third parties ("Index Licensees") for use in connection with products and services offered to their own customers. Agora does not control, and is not responsible for, how any Index Licensee calculates, displays, labels, or characterizes index performance, returns, or other metrics. Any performance figures associated with an Agora index that appear on a third-party platform reflect that third party's own calculations and presentation choices. Agora makes no representation that such figures represent actual index performance or comply with any particular disclosure standard. Users accessing Agora index data through a third-party platform should refer to that platform's own disclosures for information about how any performance or other figures were derived.
Index Returns vs. Investable Product Returns. Index returns do not reflect the performance of any actual investment product. Index returns are calculated on a theoretical basis and do not account for management fees, transaction costs, bid-ask spreads, taxes, or other expenses that would reduce returns in any actual investment product linked to or benchmarked against an Agora index.
You shall not use any Index Data in connection with the creation, management, or operation of any financial product, including any securities (e.g., as a component of a calculation that determines the payoff of a security), financial instruments, investment fund or investment vehicle, without Agora's prior written approval.
Any opinions, analyses, reviews, ratings, recommendations, forecasts, or estimates in any Index Data do not represent the views of Agora.
None of the Index Data is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such.
Third-Party Index Data. Certain Index Data available through Agora's services may originate from or incorporate data provided by third-party index publishers or data providers ("Third-Party Index Data"). Agora acts as a pass-through distributor of Third-Party Index Data and makes no independent representation regarding its accuracy, completeness, or timeliness. Third-Party Index Data is subject to the terms, conditions, and disclaimers of its original publishers, which may impose additional restrictions on use. Agora shall not be liable for any errors, omissions, or delays in Third-Party Index Data, except to the extent caused by Agora's own material breach.
Methodology Changes and Discontinuation. Agora and third-party index publishers reserve the right to modify index methodologies, reconstitute index components, or discontinue indices at any time. Agora will use commercially reasonable efforts to provide advance notice of material methodology changes to Agora-proprietary indices. For third-party indices, Agora will pass through methodology change notices received from the applicable publisher. Changes to index methodology may affect index performance and the suitability of any financial product linked to the index.
The Agora Parties shall not be liable for any errors, inaccuracies, omissions, or delays in the Index Data, for any loss or damage arising from or related to your use (or inability to use) or reliance on any Index Data, or any decisions you make based on any Index Data. The Agora Parties' total liability for all claims shall not exceed the amount you paid to us, if any, during the twelve-month period preceding the event giving rise to the claim. In no event shall the Agora Parties be liable for any indirect, special, incidental, consequential, or exemplary damages, even if any such party might have anticipated, or was advised or notified of, the possibility of such damages.
You agree to indemnify, defend and hold harmless the Agora Parties from and against any claims, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' and experts' fees and costs, as incurred, arising in any manner out of your use of, or inability to use, any Index Data.
You acknowledge and agree that (i) Index Data and all components thereof constitute copyrighted, trade secret and/or proprietary information of substantial value to Agora or the relevant Agora Parties (ii) that you receive no proprietary rights whatsoever in or to the Index Data, and (iii) that title and ownership rights in and to the Index Data and all the rights therein and legal protections with respect thereto remain exclusively with Agora or the relevant Agora Parties. You shall not, and shall not assist any third party to, assert any rights in the Index Data or any component thereof.
All rights in the Index Data vest in and shall inure to the benefit of Agora and/or the relevant Agora Parties. The Index Data may not be reproduced, redisseminated, or used to create any financial products, including any index or index fund, without the written agreement of Agora. These Additional Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its principles of conflicts of law. "Agora Parties" means Agora and its affiliates, and each such entity's respective officers, directors, partners, members, employees, agents, representatives, successors, and assigns.