Terms and Conditions
Last Updated: 22 November, 2022
Options AI, Inc. is a financial technology company providing informational, educational and analytical trading tools designed solely to inform and educate investors in making their own investment decisions. Options AI, Inc. is not a broker-dealer and does not provide securities trading or brokerage services.
Options AI Financial, LLC, a wholly owned subsidiary of Options AI, Inc., is a registered broker-dealer and member of FINRA and SIPC, providing securities brokerage services to self-directed investors.
As used in these Terms & Conditions, “Options AI” (or “we”, “us”, “our”) means Options AI, Inc., its services and the services of its wholly owned subsidiary, Options AI Financial, LLC. The words “you” or “your”, “user”, “subscriber”, “customer” means you as the individual or entity using any website, mobile application, tool, content or service provided by Options AI.
Options AI provides access to certain tools and content without charge and without registration. Certain other tools and content may only be accessed through a paid subscription service. Subscribers are required to provide a full legal name, valid email address, phone number, current residential address, country of residence, employment status and employer, as well as credit card payment information. Brokerage services, provided by Options AI Financial, LLC, require the completion by you and approval by us, of a brokerage account application which requires additional information, including but not limited to, date of birth, social security number and prior investment experience.
These Terms and Conditions (“Terms”, “Agreement”) govern your use of the Options AI website and mobile application (“Website”) and any Options AI software product or service (collectively, “Services”), including your use of any and all tools, information or content (collectively, “Content”) provided through the Website or Services. These Terms are in addition to any other agreement that may be in place between you and Options AI in relation to a specific Options AI service.
Options AI services are not intended for any persons under the age of 18.
Brokerage services are available only for U.S. citizens and permanent residents who currently reside in the United States.
By visiting the Website or using Options AI Services or Content, you are attesting that you have read, understood and agree to be bound by these Terms, including the policies referenced herein. These Terms contain warranties and releases from you and disclaimers of liability from us. Your continued use of the Options AI Website, Services or Content constitutes your ongoing agreement to be bound by these Terms and your acceptance of any revisions to these Terms which may be made by us from time to time and in our sole discretion.
These Terms and Conditions are in addition to any other agreements and disclosures made between you and Options AI or our third-party partners. Subscribers to the Options AI paid subscription service and brokerage customers of Options AI Financial are granted various additional levels of access to the Website and Content. Their relationship with Options AI is governed by additional agreements and disclosures. For example, customers of Options AI Financial, LLC must enter into various brokerage agreements, including but not limited to, a Customer Account Agreement and an Options Agreement.
The terms of such additional agreements and disclosures are incorporated into these Terms by reference, to the extent that such terms do not conflict with these Terms. In the event of a conflict, the terms of the additional agreement or disclosure shall prevail.
The Options AI Website and all Services and Content are provided on an “as is” and “as available” basis. Options AI, its subsidiaries, affiliates and third-party providers make no warranty of any kind, express or implied, as to the accuracy, timeliness, completeness, reliability, suitability or usefulness of any Content or the Services provided. You agree to use all Content and Services at your own risk.
You understand and agree that, to the fullest extent permissible by law, Options AI, its subsidiaries, affiliates and third-party providers, and any of their respective , officers, directors or employees shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the use or the inability to use the Website, Content or Services, including but not limited to, damages for loss of profits, income, use, data or other intangible damages.
Options AI, its subsidiaries and affiliates do not provide investment, tax or legal advice and do not endorse or recommend the purchase or sale of any particular security or trading strategy.
All Content, including any interactive tool or chart feature, is designed solely to inform and educate users in making their own trading or investment decisions and no part or feature of the Content or Services should be construed as investment advice or as having made a trade recommendation.
You represent that you understand that any trades or trading strategies generated by Options AI interactive tools, charts or other Content, are based solely upon your own inputs and selections and are in no way recommendations by Options AI.
You alone are solely responsible for evaluating the merits and risks associated with the use of any Content or Services, before making any decisions based upon such Content or Services.
You are also solely responsible for determining whether any trade, investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.
Options involve risk, are not suitable for all investors and may expose investors to potentially significant losses. Prior to deciding to invest in options, please review the Characteristics and Risks of Standardized Options.
You agree not to hold Options AI, its subsidiaries, affiliates or third-party providers liable for any possible claim for damages or losses, arising from any investment or trading decision you make, whether or not based upon the Content or from other information made available to you through the Services or Website.
The Website, Services and Content are intended for persons aged 18 and over only.
Options AI is based and operated within the United States. If you choose to access the Website or use the Services from any location other than the United States, you are fully responsible for compliance with the laws of the jurisdiction from where you access this Website or Services. We make no representations that the Website or the Content is appropriate or permitted for use outside the United States. The availability of the Website over the internet is not a solicitation for or offering of the Services to any person in any jurisdiction where such solicitation or offering is illegal. We reserve the right to limit the availability of the Website to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
Brokerage services provided by Options AI Financial are available to United States residents aged 18 and over, only.
By electing to “Request Access” and by providing a valid email address, you are registering to join the Options AI customer account application wait-list and are providing your consent for us to contact you in relation to the same. Requesting access should in no way be construed as confirmation that a brokerage account with Options AI has been opened or, will actually be approved by us for opening.
The Website may include certain Content, including but not limited to various tools and stock and options data, that may be accessed by users without registration or charge and without providing any personal information. All such content is provided solely for informational and educational purposes only, including to inform users of other Content that forms part of Services only available paid subscribers or brokerage customers.
Free Tools Services should not be used as the basis for making investment decisions or for any other purpose. Such Services may use delayed or static data and Options AI makes no warranty whatsoever as to their accuracy or usefulness.
Certain Content, including but not limited to, The Orbit newsletter from Options AI, may require a user to provide a a valid email address. The Orbit, or any other Content, does not contain trade recommendations or investment advice and does not constitute research. All content is intended for educational and information purposes only.
By providing us with an email address and in receiving Services requiring an email address, you provide your express consent to us sending you communications regarding additional Options AI Services.
Options AI provides access to certain tools and Content through a paid subscription service. Subscribers are required to provide a full legal name, valid email address, phone number, current residential address, country of residence, employment status and employer, as well as credit card payment information in order to access such subscription services. Subscription Services may include a period of 'free trial' or complimentary access, prior to an initial payment being required.
The Effective Date of the Subscription Services will be the day on which you click “Start trial” as recorded by our servers, or the date on which you first make a subscription payment, whichever is earlier.
Subscription Services will renew monthly and the first such term shall be referred to as the Initial Term. After the expiration of the Initial Term, the Services will renew for successive periods of equal length (each, a “Renewal Term”). If not specified otherwise, the Initial Term shall be one month and each Renewal Term shall be a term of one month.
In some cases, Options AI will offer a 'free' trial period. The trial period may be paid for a fee, or may be free, as indicated on the trial signup page. During the trial, you will be subject to the same Terms set forth in this document as if you were a paid subscriber. During the trial period, you can cancel anytime and disable future automated renewal.
It is your responsibility to manage your subscription.
You are responsible for the payment of all subscription fees and charges, including recurring subscription fees (collectively, “Fees”). Fees are charged no more than five (5) days in advance of the date of the Renewal Term. All Fees must be made in US Dollars with a major credit card. All renewal charges will be automatically charged to such credit card on the due date of the payment.
If you are setup for automatic renewal, you hereby authorize Options AI to automatically charge your payment card for the Fees. If payment is declined by your bank, you hereby authorize Options AI to re-attempt the transaction one or more times until the payment is approved by your bank.
Our obligation to provide the relevant Services is contingent upon your payment of the Fees by the date due (“Due Date”). It is your responsibility to ensure that we receive payment of the Fees. In the event Fees are not paid in a timely manner, in addition to any other remedies available at law, Options AI may, in its sole discretion, immediately suspend or terminate the Services.
Subscription Services are currently priced at $19 per month. Options AI reserves the right to adjust the cost of Services at any time. Options AI shall notify you of any changes to the cost of paid subscription services at least 30 days before such change is to take effect. Any change to paid subscription service pricing will be effective on the renewal date after 30 days following the Options AI provided notification of the price change.
If you are classified as a Professional by a market data provider or exchange, you may be required to pay an Exchange Fee to access data provided by that exchange. This fee is set by the institution providing the data and will be passed on to you through your Options AI subscription or billed directly to you by the exchange, per their billing policy. This fee is in addition to any subscription fees you pay Options AI.
All subscription fee payments and pre-payments are non-refundable.
Application for a brokerage account (“Customer Account”) with Options AI Financial, LLC, requires that you provide all of the required information, including but not limited to certain Personal Identifiable Information (PII) and prior investment experience. If you do not provide the required information, we will not be able to process the application. Providing the required information does not guarantee that an application will be accepted, should in no way be construed as confirmation that a brokerage account has been opened, or that a brokerage account will actually be approved by us. You agree that any and all information that you provide as part of your brokerage account application shall be accurate, current and complete. You also agree to maintain and promptly update this information at all times.
You may not apply for a Customer Account for anyone but yourself. You agree not to misrepresent your identity, your personal information or your third-party account information.
You are solely responsible for protecting the confidentiality of your access information and agree to notify us immediately if you suspect any breach of security or unauthorized use of your account.
Customer Account holders in good standing do not currently pay a monthly account maintenance fee or a subscription fee for access to Content. Customer Account holders are however, subject to transaction-based fees and commissions and other account related fees that may be found in the brokerage Commissions and Fees schedule.
The Content and the Services includes displays of securities price data and other information that originates from third-party providers and that may also be derived from calculations performed by Options AI, its subsidiary or its affiliates. Such data and information may be presented in graphical (“Chart”) format.
Any Chart depicting the future “expected move” or the “bullish” and “bearish” consensus of a particular security is derived directly from the price of options on that security and in no way represents the view or opinion of Options AI, its subsidiary, its affiliates, third-party providers, licensors, officers, directors or employees, or that of its users. They are also not research reports and are not intended to serve as the basis for any investment decision. Options AI makes no representation as to the accuracy, timeliness, completeness or usefulness of such Charts, or of any other chart. No price data, or past performance data, in Chart format or otherwise, should be construed as being indicative of future results.
The Content and the Services includes interactive tools designed for purposes of general information, guidance and education and for generating various potential “trades”, “trading strategies” or “investment strategies” (collectively a "Trade" or “Trades”), that would otherwise be generated using alternative methods. All Trades generated by our interactive tools are derived directly from and are limited by, your personalized input(s). Trades generated through the interactive tools are not intended to be, and we do not represent them to be, a complete or exhaustive range of potential Trades to reflect your view and/or input(s). Other Trades may be available that are better suited or are more appropriate. The calculations performed by the interactive tools do not take into consideration all costs, including but not limited to, commissions and margin interest, which may impact the information and comparisons presented.
The Content, including but not limited to, Trades generated by interactive tools, should not be construed to imply a recommendation to buy or sell a particular security or to engage in any particular Trade or investment strategy. Options AI makes no representation as to the accuracy, completeness or usefulness of such information and guidance, or that any particular Trade or investment strategy derived from your personalized input(s) is either complete, appropriate or suitable. Any projection, calculation, or other information regarding the likelihood of various investment outcomes or Trade is hypothetical in nature, is not guaranteed for accuracy or completeness, does not reflect actual investment results and is not a guarantee of future results.
Your input(s) and selection criteria when using any interactive tools are your sole responsibility and are at your sole discretion. You alone are responsible to determining whether any Trade is suitable for you, whether any Trade requires further customization by you and for evaluating the merits and risks associated with the use of any interactive tool, before making any investment decisions.
Options AI and its subsidiaries, affiliates, third-party providers, licensors, officers, directors or employees shall not be liable in any way for (a) any inaccuracy of, error or delay in, or omission of any price data or Content; or (b) any loss or damage arising from i) your investment decisions; ii) your use of the Content, inclusive of any interactive tools that may be a part of the Content; iii) any error or delay in the transmission or functionality of such Content; iv) any cause beyond the control of Options AI, its Parent, affiliates and third-party providers, or v) non-performance.
The Content is provided exclusively for personal and noncommercial access and use. No part of the Services or the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, or other medium for publication of for any commercial enterprise, without the prior written consent of Options AI.
Companies that are not affiliated with Options AI may supply some of the Content. Options AI has not been involved in the preparation, adoption or editing of third-party content and does not endorse or approve such content. Options AI does not guarantee the accuracy, timeliness, completeness or usefulness of third-party content and is not responsible or liable for any content, advertising, products or other materials on or available from third-party sites.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Service will become our exclusive property. Such disclosure, submission or offer of any submission constitutes an assignment to us, and you hereby assign to us, all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to your submissions and you agree to waive any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. We are and will be under no obligation to pay to you or any third party any compensation for any such submission.
The Content is not warranted as to completeness or accuracy and is subject to change without notice. The Content is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent Content.
You acknowledge that Options AI, its subsidiaries and/or affiliates are the sole owners of any Options AI company names, logos, symbols and trademarks and that other names, logos, symbols and trademarks are the property of their respective owners. You agree that you will not use any names, logos, symbols and trademarks for any purpose without the prior written consent of the respective owners.
Quotes, information and market data may be provided by third parties not affiliated with Options AI. When provided to you by a third party, your use of the quotes, information and market data will be governed by the terms and conditions imposed by such third party. Any price quotes may be delayed twenty (20) minutes or longer, according to the rules and regulations applicable to exchanges and third-party providers. Options AI reserves the right to limit the number of free real-time quotes. Neither Options AI nor any third-party providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes.
Options AI may provide you with information regarding the value of your securities positions based upon the last available price or on the price at the close of the last market day. The data is for informational purposes only and does not reflect the price you may receive if you sell your securities.
You represent and agree that the following statements are and will continue to be true for so long as you have access to any Services and Content: (a) You will not use any information or market data provided by a national securities exchange or association in connection with any professional or commercial activities, and you agree to notify us if you intend to do so and to pay any additional charges; (b) you will not use the Services or the Content in conjunction with any business as a broker-dealer, investment advisor, futures commission merchant, commodities introducing broker, commodity trading advisor, member of a securities exchange or association or futures contract market, or an owner, partner or associated person of any of the foregoing; and (c) if you are employed by a bank or insurance company or an affiliate of either you will not use the Services or the Content to perform functions related to securities or commodity futures trading activity, except with respect to your account(s) with us.
Options AI is not responsible for representations made by non-employees or third parties, unless they are expressly authorized, in writing, to speak on our behalf. Options AI does not endorse, authorize or stand behind any representations made by users of our Services. You will not seek to hold us liable for the representations of third parties.
Options AI grants you a license to use its Website and the Services so long as you comply with all of its rules.
You agree to:
a) Comply with applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws and regulatory requirements;
b) Provide accurate information to us and keep it updated;
c) Use the Services solely for your personal non-commercial use;
You agree not to:
a) Use the Services for any illegal purpose, or any other purpose not permitted in these Terms;
b) Modify, copy, adapt or translate any part of the Services or the Content without our written permission;
c) Reverse-engineer, decompile, create derivative works of, modify, disrupt, otherwise tamper or disassemble the technology used to provide the Services and the Website, or otherwise attempt to obtain its source code;
d) Bypass, modify, defeat, reverse-engineer, disassemble, tamper with or circumvent any of the security features of the Website and the Services, including altering any digital rights management functionality;
e) Impersonate another person or entity, misrepresent your affiliation with a person or entity (including Options AI), or use a false identity;
f) Use the login information of another person, unless they specifically authorized you to do so;
g) Assist or encourage any third party in engaging in any activity restricted by these Terms.
h) Collect, manually or through an automatic process, information about other users of the Options AI Services;
i) Submit false or misleading information to us or post content that infringes on a third party’s intellectual property;
j) Use the Options AI name or trademarks in any way that implies affiliation with, or an endorsement, sponsorship or approval by us, without our express written permission;
k) Remove or alter any copyright, trademark, patent or other proprietary notice contained on the Website;
l) Engage in any activity that interferes with any third party’s ability to use or enjoy, or the ability of Options AI, its subsidiaries or affiliates to provide the Services;
m) Mirror any part of the Website without our written permission;
n) Copy or use the information, the Content or data of Options AI in connection with a competitive service (as determined by us);
o) Monitor availability, performance or functionality of the Services for any competitive purposes;
p) Violate the terms of service or any other rule or agreement applicable to you or Options AI’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service.
The Website and the Services may provide links to third-party websites or services that are not owned or controlled by Options AI, its subsidiaries or its affiliates. Options AI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third-party websites or services. You acknowledge and agree that neither Options AI, its subsidiaries or its affiliates shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. You are strongly advised to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
By agreeing to these Terms and by using the Services and the Content, you consent to any form of recording and retention of any communication, information and data exchanged between you and Options AI, its subsidiaries, affiliates or its representatives or agents. All communications sent to and from Options AI Financials, LLC are subject to archival, monitoring, review by and disclosure to someone other than the recipient, such as our compliance administrators and regulatory bodies.
You agree that all communications relating to your use of the Services or the Website may be provided or made available to you electronically by email, text messaging, “in-app” messaging or by posting a communication on the Website. You consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Options AI and its agents. You expressly consent to receiving calls and messages, including “in-app” messages from Options AI, at any telephone numbers that you have provided or may provide in the future.
In addition to these Terms, your access to and use of the Content and the Services are subject to Options AI’s then-current policies relating to the Content and the resepctive Services, including, without limitation, the Privacy Policy. You agree to be bound by these policies and all other Options AI policies applicable to the access and use of the Content and the respective Services.
By using the Services, you are consenting to have your personal data transferred to and processed by Options AI, its subsidiaries or affiliates. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.
You acknowledge and agree that, unless otherwise noted, Options AI, its subsidiaries, affiliates or licensors own all legal right, title and interest in and to the Content and the Website, including but not limited to visual interfaces, interactive tools and features, graphics, design, compilation, computer code, products, software, aggregate user reviews, ratings, and all other elements and components of the Service. In particular, this includes certain unique systems and methods for data visualization and trade strategy generation, that represent a key Content feature within the Options AI Services. Certain features of the technology relating to these systems and methods is currently Patent Pending (USSN 62/888,672).
Except where, for illustrative purposes only, images are used of products, company names, logos that remain the trademarks™ or registered® trademarks of their respective holders, Options AI, its subsidiaries, its affiliates or licensors own all copyrights, trademarks, service marks, trade names, logos, domain names and other distinctive brand features of Options AI and its Website. This includes all other intellectual and proprietary rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist) associated with the Website and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Content, the Services or the Website in whole or in part except as expressly authorized by Options AI or its subsidiaries, in a separate written document. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Website.
Except as expressly and unambiguously provided herein, Options AI, its subsidiaries or its affiliates do not grant you any express or implied rights in or to the Content or Website and all rights in and to the Website are retained.
You will indemnify and hold harmless, Options AI, its subsidiaries, affiliates and third-party providers, and their respective officers, directors, managers, members, agents, partners, employees, licensors, distributors, and representatives, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your access and/or use of, or interaction with the Content (including, without limitation, third-party Content), or any act, error, or omission relating to or arising out of your use of the Services, including Brokerage Services and you Customer Account, or any user of your Customer Account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Services; or violation of any applicable law.
You agree that these Terms and your use of the Services, the Content and the Website is governed by and will be construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of laws.
To the extent that any dispute arising under these Terms is not subject to mandatory arbitration, exclusive jurisdiction and venue will be with a court of competent jurisdiction in New York. You hereby irrevocably consent to the jurisdiction of such courts and agree to accept service of process issued by such courts.
If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions will remain valid and in effect to the fullest extent possible.
Certain provisions of these Terms by their nature will continue in full force and effect after termination, including without limitation the authorizations you have granted, the Disclaimer and Limitation of Liability, and Jurisdiction and Venue.
We reserve the right to modify these Terms at any time in our sole discretion. Any changes to these Terms become effective when first posted to the Website. The date of the most recent update to these Terms is shown above. Your continued use of the Services, the Content or the Website after modified Terms have been posted, constitutes your agreement to the modified Terms.
We may change, terminate or suspend these Terms with or without cause at any time and effective immediately. We may terminate or suspend your access to the Services, the Content or the Website immediately, without prior notice or liability, if you, in our sole discretion, breach any provision of these Terms.
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