Legal

Risk Disclosure Statement

Here Tomorrow LLC — Commodity Trading Advisor

Effective March 2026 · Conforms to ISDA and CFTC disclosure standards

PRODUCT CLASSIFICATION

Tomorrow OTC contracts are bilateral OTC swaps available exclusively to Eligible Contract Participants as defined in CEA §1a(18). These are not insurance as defined under state insurance law. Not FDIC insured. Not a deposit. May lose value. Past performance is not indicative of future results.

IMPORTANT RISK DISCLOSURE

THE RISK OF LOSS IN TRADING COMMODITY INTERESTS CAN BE SUBSTANTIAL. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION. IN CONSIDERING WHETHER TO TRADE OR TO AUTHORIZE SOMEONE ELSE TO TRADE FOR YOU, YOU SHOULD BE AWARE OF THE FOLLOWING:

1. Risk of Loss

You may sustain a total loss of the initial margin funds and any additional funds that you deposit with your broker to establish or maintain a position in the commodity interest market. If the market moves against your position, you may be called upon by your broker to deposit a substantial amount of additional margin funds, on short notice, in order to maintain your position. If you do not provide the required funds within the prescribed time, your position may be liquidated at a loss, and you will be liable for any resulting deficit in your account.

2. Event Contract and Prediction Market Risks

Here Tomorrow facilitates hedging through event contracts and prediction markets, including contracts traded on CFTC-regulated designated contract markets (DCMs) and our over-the-counter (OTC) platform. These instruments carry unique risks:

  • Binary Outcome Risk: Event contracts typically resolve to either $1 or $0. You can lose your entire investment in a contract if the event resolves against your position.
  • Liquidity Risk: Event contract markets may have limited liquidity, which can result in wider bid-ask spreads and difficulty exiting positions at favorable prices.
  • Correlation Risk: The correlation between your business exposure and event contract outcomes is estimated using statistical models and may not hold during stressed market conditions.
  • Settlement Risk: Event contracts settle based on specific criteria that may be subject to interpretation or dispute.
  • OTC Counterparty Risk: Contracts traded on our OTC platform are subject to counterparty risk. While we implement risk management procedures, there is no guarantee against counterparty default.

3. Early Termination Risk

OTC derivative transactions governed by ISDA Master Agreements are subject to early termination provisions that may result in material losses. Under ISDA Sections 5 and 6, either party may terminate outstanding transactions upon the occurrence of certain Events of Default or Termination Events. You should be aware of the following early termination risks:

  • Close-Out Calculation Risk: Upon early termination, the close-out amount is determined by the Calculating Party based on replacement cost or market quotations. The resulting close-out amount may differ materially from the prevailing market value of the terminated transactions, particularly during periods of market stress or illiquidity. Under the 2002 ISDA Master Agreement, the Determining Party has discretion in selecting quotation sources and valuation methodologies, which may produce results adverse to the Non-Defaulting Party or Non-Affected Party.
  • Cross-Default Cascade Risk: A default under one transaction or agreement (including agreements with third parties, where specified) may constitute an Event of Default that triggers early termination of all outstanding transactions under the ISDA Master Agreement. This cross-default provision means that a default on a single position can result in the simultaneous close-out of your entire portfolio of OTC transactions, amplifying losses across unrelated positions.
  • Automatic Early Termination: For counterparties organized or operating in certain jurisdictions where close-out netting enforceability depends on termination occurring prior to insolvency proceedings, Automatic Early Termination (AET) may apply. Under AET, transactions terminate automatically upon the occurrence of certain insolvency-related Events of Default without any notice or action by either party. This automatic trigger may result in termination at an unfavorable time and at values determined without your input.
  • Loss Calculation Methodology Risk: The Calculation Agent exercises significant discretion in determining loss amounts, including the selection of reference prices, quotation timing, and adjustment factors. Different commercially reasonable methodologies may yield materially different results. You may not agree with the methodology selected, and dispute resolution mechanisms under the ISDA Master Agreement may not provide timely relief.
  • Replacement Party Risk: Following early termination, you may be unable to find a qualifying replacement counterparty willing to enter into equivalent transactions on comparable terms, particularly for bespoke or illiquid OTC contracts. The cost of replacing terminated transactions may be substantially higher than the original terms, and certain transactions may be irreplaceable in the current market environment.

4. Credit and Counterparty Risk

Trading OTC derivatives and event contracts exposes you to significant credit and counterparty risk. The creditworthiness of your counterparty directly affects the value and enforceability of your positions. The following risks should be carefully considered:

  • ISDA CSA Margin Requirements: Under the Credit Support Annex (CSA) to the ISDA Master Agreement, you may be required to post initial margin and variation margin to collateralize your obligations. Margin calls may occur on short notice (typically same-day or next-day delivery), and failure to meet a margin call constitutes an Event of Default. During periods of high volatility, margin requirements may increase rapidly and substantially, potentially requiring significant liquidity on short notice.
  • Collateral Valuation and Haircut Risk: Eligible collateral posted under the CSA is subject to valuation haircuts that reduce its credited value. The value of posted collateral may decline due to market movements, creating an obligation to post additional collateral. Haircut percentages may be revised by your counterparty in response to changing market conditions, further increasing collateral requirements. During stressed markets, previously eligible collateral categories may become ineligible.
  • Counterparty Default Before Settlement: Your counterparty may default on its obligations prior to the settlement date of outstanding transactions. In such cases, you bear the risk that you will not receive amounts owed to you and may need to replace the defaulted transactions at prevailing (potentially unfavorable) market rates. The recovery process in counterparty insolvency proceedings may be protracted and result in recovery of only a fraction of amounts owed.
  • Netting Enforceability Risk: The enforceability of close-out netting across jurisdictions is not guaranteed. In certain jurisdictions, insolvency laws may override contractual netting provisions, exposing you to gross (rather than net) obligations. This means you may be required to pay amounts you owe in full while recovering only a fraction of amounts owed to you through insolvency proceedings. Netting opinions may not cover all relevant counterparty types or jurisdictional scenarios.
  • Credit Rating Downgrade Triggers: ISDA Master Agreements and CSAs may contain provisions that are triggered by a downgrade in one or both parties' credit ratings. A downgrade may result in additional collateral posting requirements, the right of the other party to terminate transactions, or a requirement to provide a replacement guarantor. These triggers can accelerate liquidity demands precisely when a party is least able to meet them.
  • Close-Out Netting Enforceability Limitations: Even in jurisdictions where close-out netting is generally enforceable, specific counterparty types (such as municipalities, sovereign entities, or regulated financial institutions subject to special resolution regimes) may not be subject to standard netting enforceability. Special resolution regimes may impose stays on close-out rights, temporarily preventing you from exercising termination rights against a failing counterparty.

5. Market Infrastructure Risk

Here Tomorrow connects to multiple exchanges and data sources to facilitate trading and price discovery. Infrastructure failures at any point in this chain can materially affect your ability to trade, monitor positions, and manage risk. You should be aware of the following market infrastructure risks:

  • Exchange Connectivity Disruptions: The platform may connect to third-party venues, liquidity sources, and supporting systems. Connectivity disruptions—whether due to venue-side outages, network failures, or API changes—may prevent you from executing trades, modifying orders, or closing positions. During such disruptions, your open positions remain at risk and may incur losses that you are unable to mitigate.
  • API Failure and Data Feed Latency: Real-time pricing, position updates, and order execution depend on API connectivity to external exchanges and data providers. API failures, rate limiting, degraded performance, or data feed latency may result in stale or inaccurate pricing information being displayed. Trades executed based on delayed or erroneous data may result in material losses. The platform cannot guarantee real-time data accuracy during periods of high market activity or infrastructure strain.
  • Settlement System Disruptions: Disruptions to settlement systems operated by exchanges, clearinghouses, or payment processors may delay the settlement of trades and the delivery of funds. Settlement delays may result in unexpected margin obligations, inability to access funds, or failure to meet obligations under other agreements that depend on timely settlement proceeds.
  • Clearing House Failure Risk: Centrally cleared transactions are subject to the risk that the clearing house itself may fail or experience financial distress. While clearing houses maintain default funds, guarantee funds, and loss allocation mechanisms, these resources are finite. In an extreme scenario, losses exceeding available resources may be allocated to clearing members and, indirectly, to their clients.
  • Source of Truth Determination Risk: When API data from one or more sources is unavailable, the platform may determine pricing and settlement values using alternative sources or fallback methodologies. These alternative determinations may differ from the values that would have been obtained from the primary source, potentially resulting in settlement or mark-to-market values that are unfavorable to your positions.

6. Regulatory and Legal Risk

The regulatory landscape for event contracts, OTC derivatives, and prediction markets continues to evolve. Changes in law, regulation, or regulatory interpretation may materially affect your positions, the platform's operations, and the availability of certain products. The following regulatory and legal risks should be considered:

  • CFTC/NFA Regulatory Changes: The Commodity Futures Trading Commission (CFTC) and National Futures Association (NFA) may adopt new rules or modify existing regulations affecting swap eligibility, event contract permissibility, reporting requirements, or capital and margin standards. Such changes may restrict the types of contracts available, increase the cost of maintaining positions, or require the modification or termination of existing positions.
  • Position Limit Changes: Regulatory authorities may impose or modify position limits, position accountability levels, or large trader reporting thresholds for event contracts and related instruments. Changes to position limits may force the reduction of existing hedge positions, potentially at unfavorable prices, and may limit the size of future hedging strategies.
  • Cross-Border Regulatory Divergence (EMIR vs. Dodd-Frank): OTC derivative transactions with counterparties subject to different regulatory regimes (including the European Market Infrastructure Regulation, the Dodd-Frank Act, and other national frameworks) may face conflicting requirements regarding clearing, margin, reporting, and trade execution. Regulatory divergence may increase compliance costs, limit available counterparties, or create uncertainty regarding the legal treatment of cross-border transactions.
  • Tax Treatment Changes: The tax treatment of event contracts, prediction market positions, and OTC derivatives is subject to change through legislation, regulatory guidance, or judicial interpretation. Changes in tax treatment may affect the after-tax economics of hedging strategies, potentially making certain strategies less effective or more costly than originally anticipated.
  • Potential Reclassification of Event Contracts: Regulatory authorities may reclassify certain event contracts as gaming, insurance, or securities products rather than commodity interests. Such reclassification could subject these contracts to a different regulatory framework, potentially making them unavailable on current platforms, unenforceable under existing agreements, or subject to materially different margin, capital, and conduct requirements.

7. Force Majeure and Disruption Risk

Extraordinary events beyond the control of either party may disrupt trading, settlement, and the performance of contractual obligations. Under the ISDA Master Agreement and exchange rules, force majeure events may affect your rights and obligations as follows:

  • ISDA Section 5(b)(ii) Force Majeure Waiting Period: Under the 2002 ISDA Master Agreement, a Force Majeure Event triggers a waiting period (typically eight Local Business Days, or such other period as specified in the Schedule) during which the Affected Party is not required to perform its affected obligations. If the event continues beyond the waiting period, either party may designate an Early Termination Date for all Affected Transactions. Settlement of terminated transactions during a force majeure event may be based on limited or distressed market data.
  • Inability to Perform Obligations: Force majeure events—including but not limited to natural disasters, pandemics, wars, civil unrest, cyberattacks, government actions, sanctions, and systemic infrastructure failures—may prevent either party from performing its obligations, including the delivery of collateral, the execution of trades, or the settlement of transactions. During such periods, your positions remain at risk and you may be unable to take any action to mitigate losses.
  • Disruption Fallback Settlement Risk: When primary pricing sources or settlement mechanisms are unavailable due to a disruption event, transactions may be settled using alternative or fallback pricing methodologies. These fallback methods (which may include dealer polls, calculation agent determinations, or delayed settlement) may produce settlement values that differ materially from the values that would have been determined under normal market conditions. Fallback pricing is inherently less transparent and may be unfavorable to your positions.
  • Pandemic, Natural Disaster, and Infrastructure Failure: Events such as pandemics, earthquakes, hurricanes, floods, power grid failures, telecommunications outages, and similar events may disrupt exchange operations, clearing systems, and the platform's ability to process orders and maintain connectivity. The duration and severity of such disruptions is inherently unpredictable, and historical precedents may not be indicative of future disruption impacts.

8. Exchange-Specific Risks

Contracts traded on or cleared through CFTC-registered Designated Contract Markets (DCMs) are subject to exchange-specific rules, risk management mechanisms, and operational procedures that may materially affect your positions. The following exchange-specific risks should be considered:

  • Circuit Breaker and Trading Halt Risk: Exchanges may impose circuit breakers, trading halts, or price limits that temporarily suspend trading when prices move beyond predefined thresholds. During a trading halt, you are unable to enter or exit positions, and when trading resumes, prices may gap significantly from pre-halt levels. Successive circuit breakers can extend the period during which you are unable to manage your positions.
  • Mark-to-Market Valuation Methodology Changes: Exchanges and clearing houses may modify their mark-to-market valuation methodologies, settlement price determination procedures, or end-of-day pricing mechanisms. Such changes may affect the daily settlement prices used to calculate margin requirements and profit/loss, potentially resulting in unexpected margin calls or changes to your reported position values.
  • Position Concentration and Liquidity Risk: Concentrated positions in event contracts or other instruments with limited market depth may be difficult to liquidate without significant price impact. Exchanges may impose position accountability or position limit requirements that restrict your ability to maintain or increase positions. In stressed markets, liquidity in event contracts may decline sharply, widening bid-ask spreads and increasing the cost of exiting positions.
  • Settlement Guarantee Limitations: While clearing houses provide settlement guarantees backed by margin deposits, default funds, and other financial resources, these guarantees are subject to the clearing house's rules and available resources. In extreme scenarios involving multiple clearing member defaults, the clearing house's loss allocation mechanisms (including assessment powers and variation margin gains haircutting) may result in losses being passed through to non-defaulting participants.
  • Margin Model Changes: Exchanges and clearing houses periodically update their margin models (including SPAN, VaR-based, and proprietary models) to reflect changing market conditions. Margin model changes may increase initial margin or maintenance margin requirements, potentially on short notice, requiring you to post additional collateral or reduce positions. Margin increases are most likely during periods of heightened volatility when liquidity may already be constrained.

9. Synthetic Pair Risk

Here Tomorrow may facilitate hedging structures that combine positions across multiple instruments or venues. These structures are designed to approximate a desired risk exposure but carry unique risks arising from their multi-component, multi-venue structure:

  • Basis Risk Between Components: Multi-leg hedges may combine OTC contracts, exchange-traded contracts, and other instruments governed by different documentation, market conventions, and settlement mechanics. The pricing, settlement, and payout structures of these component contracts may diverge, creating basis risk. Basis risk is most pronounced during stressed market conditions, when the spread between OTC and exchange-traded components may widen significantly and unpredictably, reducing or eliminating the intended hedge effectiveness.
  • Component Contract Correlation Risk: The effectiveness of a synthetic pair depends on the maintained correlation between its component contracts. These correlations are estimated from historical data and may break down due to changes in market microstructure, liquidity conditions, or the underlying event dynamics. A breakdown in component correlation can result in the synthetic pair failing to provide the intended exposure or producing unintended directional risk.
  • Liquidity Mismatch Across Synthetic Components: The component contracts within a synthetic pair may trade on different venues with materially different liquidity profiles. One leg of the synthetic pair may be readily tradable while the other is illiquid, creating an imbalance that prevents you from adjusting or unwinding the complete synthetic position. This liquidity mismatch can result in residual unhedged exposure and forced holding of illiquid positions.
  • Divergent Settlement Timing Across Exchanges: Component contracts within a synthetic pair may settle on different schedules (e.g., intraday settlement for one component and end-of-day or T+1 settlement for another). This temporal mismatch creates settlement timing risk, where you may be required to fund settlement obligations on one leg before receiving settlement proceeds from the other. In extreme cases, the final settlement dates of component contracts may differ, leaving one leg of the synthetic pair unsettled and exposed to market risk after the other leg has settled.

9A. Multi-Event (Multi-Prong) Contract Risk

Here Tomorrow facilitates OTC swap transactions contingent upon the occurrence of two or more specified Binary Events ("Prongs"). Multi-Prong Transactions carry unique risks beyond those of single-event contracts:

  • Inter-Prong Correlation Breakdown: The pricing of Multi-Prong Transactions reflects an estimated correlation between the constituent Binary Events. This correlation is derived from historical data and statistical models that may fail during unprecedented or stressed conditions. A breakdown in inter-Prong correlation can result in the Transaction settling at a value materially different from expectations, and the hedge provided by the Transaction may be less effective than anticipated.
  • Sequential Determination Risk: Where Prongs are linked sequentially (i.e., the observation period for Prong B does not commence until Prong A is determined), the total duration of the Transaction may be extended beyond initial expectations. Prolonged uncertainty regarding later Prongs may reduce the Transaction's mark-to-market value and limit your ability to unwind the position.
  • Partial Settlement Risk: In Multi-Prong Transactions that provide for partial settlement upon determination of individual Prongs, you may receive partial payments that are subject to clawback or adjustment based on the determination of subsequent Prongs. The final aggregate settlement amount may differ materially from the sum of partial settlements.
  • Complexity and Valuation Uncertainty: Multi-Prong Transactions are inherently more complex than single-event contracts. The Calculation Agent exercises greater discretion in valuing these instruments, and the range of commercially reasonable valuations may be wider. Disputes regarding one Prong may delay settlement of the entire Transaction.

9B. Perpetual Swap Transaction Risk

Perpetual Swap Transactions have no stated maturity date and may employ recurring payment, funding, or rebalancing mechanics. These instruments carry the following specific risks:

  • Indefinite Funding Obligation: Perpetual swaps require ongoing funding payments at specified intervals (daily, weekly, or monthly) for an indefinite period. Depending on market conditions, cumulative funding costs may exceed the original notional value of the Transaction. You must maintain sufficient liquidity to meet funding obligations for as long as the Transaction remains open.
  • Index Methodology Risk: Funding rates may be derived from one or more reference indices, market inputs, or methodologies that may be modified over time. Changes to methodology, inputs, or weighting conventions may materially affect funding rates and the Transaction's economic value. While material changes may be communicated in accordance with governing documentation, historical analysis of amended methodologies may not accurately predict future performance.
  • Voluntary Termination Pricing Risk: When voluntarily terminating a Perpetual Swap, the final settlement price may be determined pursuant to contractual valuation procedures that may not reflect the then-current economic value of your position. In illiquid or volatile markets, the termination settlement may be unfavorable.
  • Operational Compliance Risk: Failure to satisfy ongoing contractual, operational, or eligibility requirements may constitute a termination event, which may result in forced termination of the Transaction at a time and price not of your choosing.
  • Market Disruption and Funding Suspension: Prolonged market disruptions may trigger suspension of funding payments and, ultimately, forced termination of the Transaction if the disruption is deemed ongoing or material. Settlement during disruption periods may rely on stale or incomplete data.

9C. Retail Exchange Crossing and Execution Risk

Where Here Tomorrow directs execution of hedging strategies on retail exchanges, including CTA-directed crossing of client orders, the following execution risks apply:

  • Crossing Price Risk: Cross transactions are executed at prices determined at the time of execution based on available market data. Market prices may move between the time a cross is initiated and the time it is confirmed on the applicable exchange. There is no guarantee that a cross price will equal or better the price available through an independent order book submission.
  • Exchange Rule Changes: Each retail exchange has independent authority to modify its rules, contract specifications, fee schedules, and position limits. Changes may occur with limited advance notice and may affect your ability to execute, maintain, or close positions. Here Tomorrow cannot guarantee advance notice of all changes.
  • Multi-Exchange Execution Risk: Hedging strategies that span multiple retail exchanges involve execution risk from timing differences, differing settlement conventions, and varying contract specifications across exchanges. A fill on one exchange does not guarantee a fill on another, potentially leaving you with a partially constructed hedge that does not provide the intended risk reduction.
  • Exchange Counterparty and Platform Risk: Retail exchange contracts are subject to the creditworthiness and operational stability of the exchange and its clearing or settlement infrastructure. The failure or insolvency of a retail exchange may result in the loss of funds deposited with that exchange and the inability to settle open positions. Here Tomorrow does not guarantee the performance of any retail exchange.
  • Regulatory Divergence Across Exchanges: The supported retail exchanges may operate under different regulatory frameworks. The level of investor protection, fund segregation, and regulatory oversight varies materially across exchanges. Contracts on less-regulated platforms carry additional risks including reduced recourse in the event of disputes.

9D. Automated Trading (Swap Bot) Risk

Here Tomorrow may offer optional automated tools that monitor or manage positions on behalf of the user. These tools operate within user-configured parameters but carry specific risks:

  • Autonomous Execution Risk: Once activated, automated tools may submit indications of interest, relist positions, execute stop-losses, and re-enter positions without real-time human oversight. While bots operate within configured limits (daily action caps, notional limits, and other thresholds), they cannot anticipate all market conditions. Automated actions taken during periods of extreme volatility, flash crashes, or liquidity dislocations may result in execution at materially unfavorable prices.
  • Parameter Configuration Risk: The effectiveness of an automated tool depends entirely on the parameters configured by the user. Poorly configured parameters may result in excessive trading (overtrading), premature position exits, or failure to act when action is warranted. Any default settings or model outputs should not be relied upon as predictive of future results.
  • Adaptive Model Risk: Automated tools may incorporate adaptive algorithms that adjust behavior or parameters based on historical outcomes or changing conditions. These adjustments may cause the tool's behavior to drift from the user's original intent over time. The cumulative effect of such adjustments may produce materially different behavior from the initial configuration.
  • AI Advisory Risk: Automated tools may incorporate third-party AI systems or model-generated recommendations. These AI-generated insights are based on pattern recognition and may contain errors, reflect biases present in training data, or produce recommendations that are inappropriate for the user's specific risk profile. AI recommendations are one input among many in the decision process and do not constitute investment advice.
  • Circuit Breaker and Pause Risk: Swap Bots include circuit breakers that may automatically pause the tool after periods of adverse performance or under other conditions. While this mechanism may prevent runaway losses, it also means the tool may stop managing your position during adverse market conditions precisely when active management may be most needed. You may be required to review and resume paused tools manually.
  • Liquidity-Dependent Execution: Swap Bots evaluate market liquidity before acting and will defer actions when the secondary market is illiquid. This means the bot may be unable to execute profit-taking or risk-reduction actions when market conditions deteriorate, even if the bot's configured thresholds have been triggered.

Users retain full responsibility for all actions taken by their automated tools, whether or not they elect to review actions before execution.

9E. Secondary Market and Re-Listing Risk

Here Tomorrow facilitates secondary trading of OTC swap positions through a re-listing mechanism that allows position holders to offer their positions for sale via the platform. Secondary trading carries the following risks:

  • No Guaranteed Secondary Market: There is no assurance that a secondary market will exist for any particular OTC swap position. The platform does not guarantee that a buyer will be found for a relisted position, regardless of the price or terms offered. Positions may remain relisted indefinitely without matching.
  • Bespoke Terms Reduce Liquidity: OTC swap positions with highly customized ISDA agreement terms (non-standard clause selections, unusual credit support arrangements, or restricted transfer provisions) may be significantly less attractive to secondary buyers. Any platform-generated liquidity indication or transferability assessment is an estimate only and not a guarantee of secondary market interest.
  • Price Discovery Limitations: Secondary market prices for OTC swap positions are determined through bilateral negotiation between the relisting party and any matched counterparty. There is no centralized price discovery mechanism for secondary OTC trades. The price achieved in a secondary sale may differ materially from the position's theoretical value, the last traded price of the underlying contract, or the value implied by the platform's AI models.
  • Partial Re-Listing Risk: When relisting a portion of a position (fractional relist), the remaining position continues under the original terms. The fractional relist may execute at a different price than the original entry, creating a blended average price for the retained portion that differs from both the original entry price and the relist price.
  • Agreement Term Inheritance: Secondary buyers of relisted positions are bound by the ISDA agreement terms of the original transaction. Incoming counterparties should carefully review all inherited terms, including governing law, calculation agent designation, event verification method, and transfer restrictions, before accepting a secondary trade.

10. Hedging Limitations

While the purpose of our advisory service is to help reduce business risk exposure through hedging strategies, there is no guarantee that any hedging strategy will be effective. Hedging strategies may:

  • Fail to offset losses from the hedged business exposure
  • Result in net losses when hedge costs exceed protection benefits
  • Underperform during periods of market stress when correlations break down
  • Create opportunity costs if the hedged risk does not materialize

11. AI and Algorithmic Recommendations

Here Tomorrow uses artificial intelligence and statistical models to generate hedge recommendations. These models:

  • Are based on historical data and statistical correlations that may not persist in the future
  • May contain errors or produce recommendations that are not suitable for your specific situation
  • Cannot account for all possible market conditions, black swan events, or structural changes
  • Should be reviewed by qualified personnel before implementation

AI-generated recommendations are advisory only and do not constitute a guarantee of performance. Past correlation patterns are not indicative of future results.

12. No Guarantee of Profit

Under no circumstances should any hedging strategy, analysis, or recommendation provided by Here Tomorrow be considered a guarantee of profit or protection from loss. The use of event contracts for hedging is a relatively new application and carries inherent uncertainties.

13. Fees and Costs

All trading involves transaction costs, platform fees, and potential market impact costs. These costs reduce the net effectiveness of any hedging strategy. You should carefully review our fee schedule and understand the total cost of your hedging program before committing capital.

14. Regulatory Status

Here Tomorrow LLC is registered as a Commodity Trading Advisor (CTA) with the Commodity Futures Trading Commission (CFTC) and is a member of the National Futures Association (NFA). Registration does not imply a certain level of skill or training. This disclosure is provided in compliance with CFTC Regulation 4.41 and NFA Compliance Rule 2-29.

15. Conflicts of Interest

In accordance with CFTC Regulation 4.34(b)(9), you should be aware of the following potential conflicts of interest in Here Tomorrow's business:

  • Platform Operator and Advisor: Here Tomorrow serves as both the operator of the OTC swap platform and a registered CTA providing hedging advice. Here Tomorrow may earn fees from both advisory services and platform transaction facilitation, which could create an incentive to recommend more frequent or larger transactions than may be necessary for optimal hedging.
  • Calculation Agent Role: Here Tomorrow (or its affiliate) may serve as Calculation Agent for OTC transactions, giving it discretion over event determinations, valuation calculations, and close-out amounts. While the Calculation Agent is required to act in good faith and in a commercially reasonable manner, its dual role as platform operator and Calculation Agent creates a potential conflict.
  • Retail Exchange Routing: Here Tomorrow routes client orders across multiple retail exchanges. The selection of execution venue may be influenced by factors including price, liquidity, operational considerations, and execution constraints, in addition to best execution obligations.
  • AI Model and Data: Here Tomorrow's AI/LLM models are used to generate hedge recommendations, probability estimates, and correlation analyses. Model outputs may also inform pricing, ranking, or operational decisions on the platform, which could create incentives or outcomes that do not fully align with a particular client's preferences or expectations.

16. Complaint and Dispute Resolution

If you have a complaint regarding Here Tomorrow's advisory services, you may:

  • Contact Here Tomorrow directly at kale@heretomorrow.us
  • File a complaint with the National Futures Association (NFA) at www.nfa.futures.org or by calling (800) 621-3570
  • File a complaint with the Commodity Futures Trading Commission (CFTC) at www.cftc.gov or by calling (866) 366-2382
  • Initiate arbitration through the NFA Arbitration Program pursuant to NFA Code of Arbitration. Claims against Here Tomorrow in its capacity as a CTA are eligible for NFA arbitration.

You should be aware that under NFA rules, a six-year statute of limitations applies to most claims. You do not waive any rights under applicable federal or state law by agreeing to arbitration.

17. Past Performance Disclaimer

PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.

Here Tomorrow LLC has no prior trading performance history. All performance data, backtesting results, Monte Carlo simulations, and strategy comparisons presented on the platform are hypothetical in nature and are subject to the limitations described in the Hypothetical Performance Disclosure below.

Any liquidity indications, match probability estimates, model confidence levels, or similar analytics shown on the platform are derived from statistical models and backtested simulations. These metrics should not be interpreted as predictions of actual future performance. Actual results will vary and may differ materially from any hypothetical or backtested results presented.

NEW CTA DISCLOSURE

Here Tomorrow LLC is a newly registered Commodity Trading Advisor and does not have any prior trading history or performance track record to present. Because we are a new CTA, we cannot provide historical performance data or demonstrate past results. All backtesting and simulation results shown on this platform are hypothetical and do not represent actual trading.

HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.

ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

19. Acknowledgment

By using the Here Tomorrow platform, you acknowledge that you have read, understood, and agree to the risks described in this disclosure statement, including but not limited to: risk of loss; event contract and prediction market risks; early termination risk; credit and counterparty risk; market infrastructure risk; regulatory and legal risk; force majeure risk; exchange-specific risk; synthetic pair risk; multi-event contract risk; perpetual swap transaction risk; retail exchange crossing and execution risk; automated trading (swap bot) risk; secondary market and re-listing risk; hedging limitations; AI and algorithmic recommendation limitations; conflicts of interest; and the hypothetical nature of all backtesting and simulation results. You confirm that you understand the nature of event contract trading and that you are making your own independent decisions regarding any trades or hedging strategies.

Here Tomorrow LLC | CFTC Registered Commodity Trading Advisor | NFA Member

This document was last updated on March 14, 2026.

For questions regarding this disclosure, contact us at kale@heretomorrow.us.