Terms and Conditions

Last Updated: 13 January, 2020

Options AI Financial LLC (“Options AI”, “we”, “us”, “our”), a wholly-owned subsidiary of OptionsAI, LLC (the “Parent”), is a registered broker-dealer and member of FINRA and SIPC, providing online stock and option brokerage services to self-directed investors. These Terms and Conditions (“Terms”) are in addition to any other agreement between you and Options AI and apply to your use of the website (“Website”) , software, products, applications, services, tools, features and information provided by Options AI, Parent and its affiliates (collectively, the “Service”). The Service may include or make available certain content (collectively, “Content”) including, but not limited to, the following: (a) general news, information and educational material; (b) information and data concerning the financial markets, securities and other subjects; (c) market data such as price quotations for securities; (d) financial and investment interactive tools; (e) visualizations and graphical representations (“Charts”) of market data, price and other information, trading strategy outcomes and other subjects; (f) company names, logos, product and service names, symbols and trademarks that may be owned by Options AI, its Parent, affiliates or by third-party providers; and (g) account positions, balances and transaction history. The words “you”, “your” and “yours” refer to you, as user of the Content or Service.

Acceptance of Terms and Conditions

By using the Service and the Content, you agree to be bound by these Terms, including the policies referenced herein. Continued use of the Service and the Content constitutes your acceptance of any revisions to these Terms.

Additional Agreements and Disclosures

Customers of Options AI are granted additional levels of access to the Website and their relationship with Options AI is governed by additional agreements and disclosures, such as the Customer Agreement. The terms of such agreements and/or disclosures are incorporated into these Terms by reference, to the extent such terms do not conflict with these Terms. In the event of a conflict, the terms of such separate user or customer agreement and/or disclosure will prevail with respect to such specific products or services.

Disclaimer and Limitations of Liability

The Content and the Service is provided on an “as is”, “as available” basis without warranty of any kind. Options AI makes no representations as to the suitability of the Content and the Service for any particular purpose, nor to the accuracy, timeliness, completeness, usefulness and non-infringement of any Content. Options AI and its Parent, affiliates, third-party providers, licensors, 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 Content or the Service, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.

Options AI does not provide investment or legal advice and does not make recommendations of any kind. Certain Content available through the Service may provide general information and guidance and may generate and present various trading strategy alternatives, based upon your personalized inputs. You are solely responsible for your inputs, including but not limited to your inputs to interactive tools, and for evaluating the merits and risks associated with the use of any Content provided through the Service, before making any decisions based on such Content. You are also solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.

Any projections or other information regarding the likelihood of various investment outcomes are hypothetical in nature and are not guaranteed for accuracy or completeness. Options price data and past performance data should not be construed as being indicative of future results and do not guarantee future results or returns.

You agree not to hold Options AI, its Parent, affiliates or third-party providers liable for any possible claim for damages or losses, arising from any investment decision you make, whether or not based upon the Content or from other information made available to you through the Service.

Eligibility Criteria

The Service is intended only for United States residents, aged 18 and over. The availability of the Website over the internet is not a solicitation for or offering of the Service 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.

Request Access List

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.

Demonstration (“Demo”) Features

The Website may include certain features provided solely to demonstrate tools and other Content that are part of the Service available only to Customers of Options AI. Demo features are intended for informational purposes only and should not be used as the basis for making investment decisions or for any other purpose. Demo features use delayed or static data and Options AI makes no warranty whatsoever as to their accuracy or usefulness.

Customer Account

Application for a customer account (“Customer Account”) with Options AI is optional. However, if you do not provide the required information, we will not be able to process the application and you will not be able to access certain features of the Service. You agree that any information that you provide to Options AI upon application and at all other times will be accurate, current and complete. You also agree to maintain and promptly update this information at all times. You may not register or 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 Options AI immediately if you suspect any breach of security or unauthorized use of your account.

Content

The Content and the Service includes displays of securities price data and other information that may originate from third-party providers and that may also be derived from calculations performed by Options AI, its Parent 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 Parent, 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 Service includes interactive tools designed for purposes of general information, guidance and education and for generating various potential “trades”, “trading strategies” or “investment strategies” (collectively “Trades”), that would otherwise be constructed 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 or solicitation 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) are 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 Parent, 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 the 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 Service 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 Parent 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 and Market Data

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 the Service and the 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 Service 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 Service or the Content to perform functions related to securities or commodity futures trading activity, except with respect to your account(s) with us.

Third Party Representations

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 Service. You will not seek to hold us liable for the representations of third parties.

Rules and Prohibited Uses

Options AI grants you a license to use its Website and the Service 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 Service solely for your personal non-commercial use; You agree not to: a) Use the Service for any illegal purpose, or any other purpose not permitted in these Terms; b) Modify, copy, adapt or translate any part of the Service 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 Service 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 Service, 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 Service; 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 Parent or affiliates to provide the Service; 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 Service 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 Service may provide links to third-party websites or services that are not owned or controlled by Options AI, its Parent 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 Parent 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.

Communications

By agreeing to these Terms and by using the Service and the Content, you consent to any form of recording and retention of any communication, information and data exchanged between you and Options AI or its representatives or agents. All communications sent to and from Options AI 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 Service 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.

Applicable Policies

In addition to these Terms, your access to and use of the Content and the Service are subject to Options AI’s then-current policies relating to the Content and the Service, 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 Service. By using the Service, you are consenting to have your personal data transferred to and processed by Options AI, its Parent and its affiliates. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service, which you may not be able to opt-out from receiving.

Intellectual Property

You acknowledge and agree that, unless otherwise noted, Options AI, its Parent, 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 Service. The technology relating to these systems and methods, is provided to Options AI by its Parent and 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 Parent, 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 Service or the Website in whole or in part except as expressly authorized by Options AI or its Parent, 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 Parent 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.

Indemnification

You will indemnify and hold harmless, Options AI, its Parent, 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 your 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 Service; or violation of any applicable law.

Applicable Law

You agree that these Terms and your use of the Service, 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.

Jurisdiction and Venue

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.

Severability

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.

Survival

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.

Modification

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 Service, the Content or the Website after modified Terms have been posted, constitutes your agreement to the modified Terms.

Termination

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 Service, the Content or the Website immediately, without prior notice or liability, if you, in our sole discretion, breach any provision of these Terms.

Contact Us

You can contact us at support@optionsai.com Market data is provided by dxFeed and IEX Cloud