Customer Service Agreement
Stock alert subscription, market commentary, research, scanner, community, and educational services.
Draft for review. Not effective until executed and reviewed by securities counsel. Effective Date: ________.
This Customer Service Agreement, together with any order form, checkout page, subscription confirmation, posted terms, risk disclosures, privacy policy, community rules, and other documents incorporated by reference (collectively, the “Agreement”), governs access to and use of the Company’s stock alert subscription service, website, mobile application, Discord server, social media channels, email alerts, text alerts, reports, watchlists, market commentary, scanner outputs, AI-generated research, educational materials, community content, and related services (collectively, the “Services”).
By purchasing, subscribing to, accessing, viewing, downloading, receiving, or using any Services, the customer, subscriber, user, viewer, or recipient (“Subscriber,” “you,” or “your”) agrees to be bound by this Agreement. If you do not agree to this Agreement, you must not purchase, access, or use the Services.
1. Important Notice
The Services are provided for educational, informational, research, and general market commentary purposes only.
The Company does not provide personalized investment advice, individualized recommendations, financial planning, tax advice, legal advice, accounting advice, brokerage services, portfolio management, or fiduciary services.
The Company is not responsible for any trading or investment decision you make. You are solely responsible for your own investment decisions, trading decisions, account activity, portfolio allocation, risk management, position sizing, entry decisions, exit decisions, and resulting gains or losses.
2. Description of Services
The Company may provide some or all of the following Services:
- Stock alerts and trade ideas
- Watchlists
- Chart analysis
- Technical analysis
- Market commentary
- News summaries
- Catalyst summaries
- Earnings reports
- Insider activity summaries
- Scanner outputs
- AI-generated stock research reports
- AI-generated market summaries
- Educational materials
- Community discussion channels
- Live or recorded market sessions
- Alert archives
- Performance summaries
- Other related research, software, or informational services
The Company may modify, add, remove, suspend, discontinue, or replace any feature, service, channel, report, scanner, alert type, platform, or membership benefit at any time.
3. Educational and Informational Purposes Only
All Services are provided solely for educational, informational, research, and general market commentary purposes. Nothing provided by the Company should be interpreted as a personalized investment recommendation; a recommendation suitable for your specific circumstances; financial planning; tax, legal, accounting, brokerage, retirement, or estate-planning advice; a fiduciary recommendation; a guarantee of performance; or a solicitation to buy or sell any security.
You acknowledge that the Company does not know your financial condition, investment objectives, tax status, investment experience, risk tolerance, liquidity needs, investment time horizon, existing portfolio, net worth, income, age, employment status, or personal circumstances. Because of this, the Company cannot determine whether any trade idea, alert, research report, watchlist, scanner output, or market commentary is appropriate for you.
4. No Investment Adviser, Broker, or Fiduciary Relationship
You acknowledge and agree that the Company is not acting as your investment adviser, broker-dealer, financial planner, or fiduciary; is not managing your assets; does not have discretionary authority over your account; does not monitor your portfolio; and does not provide individualized advice based on your circumstances. No advisory, fiduciary, broker-client, planner-client, attorney-client, accountant-client, or similar professional relationship is created by your use of the Services.
You should consult qualified financial, legal, tax, accounting, or other professional advisers before making investment decisions.
5. Subscriber Responsibility and Independent Decision-Making
You are solely responsible for conducting your own research; evaluating the risks of any security; determining whether any idea is appropriate for you; deciding whether to enter or exit any trade; setting your own position size, stop loss, and profit targets; monitoring your own positions; managing your own brokerage account; understanding market, liquidity, volatility, and execution risks; complying with laws, rules, and brokerage requirements; and all gains, losses, fees, commissions, taxes, margin interest, and other consequences arising from your trading or investment activity.
You agree that you will not rely solely on the Services when making any investment decision.
6. No Guarantee of Accuracy, Timeliness, or Completeness
The Company attempts to provide useful information, but does not guarantee that any information is accurate, complete, timely, reliable, current, error-free, or suitable for any purpose. Information may be delayed, incorrect, incomplete, outdated, misinterpreted, or unavailable.
The Services may include information from third-party sources, public filings, market data vendors, news providers, social media platforms, analytics tools, AI systems, or other sources the Company does not control. Market data may be delayed; news may be inaccurate or later corrected; scanner outputs may be incomplete; AI-generated analysis may contain errors; social sentiment data may be unreliable; technical indicators may fail; alerts may arrive late or not at all; technology systems may fail; and price movements may occur before an alert is received.
7. No Guarantee of Profits or Results
The Company does not guarantee profits, returns, trading success, investment performance, accuracy of forecasts, avoidance of losses, that alerts will be profitable, that watchlists will outperform, that scanner outputs will identify profitable opportunities, that research reports will be correct, that AI-generated scoring will be accurate, or that any strategy will succeed.
Past performance is not indicative of future results. Any trade idea, stock alert, chart setup, scanner output, AI score, technical pattern, catalyst summary, sentiment signal, or market commentary may be wrong and may result in substantial loss.
8. Investment and Trading Risk
You understand that investing and trading securities involves substantial risk. You may lose some or all of your invested capital. Losses may occur quickly and may exceed expectations. Trading volatile securities, small-cap securities, penny stocks, options, leveraged products, short-term trades, margin accounts, or illiquid securities may involve especially high risk. You agree that you fully assume all risks arising from your investment and trading activity.
9. Alerts Are Not Instructions to Trade
Any alert, trade idea, watchlist, scanner output, report, chart, comment, rating, score, or analysis provided by the Company is not an instruction, directive, or requirement to buy, sell, hold, short, cover, trade, or avoid any security. Terms such as “alert,” “trade idea,” “setup,” “entry zone,” “target,” “stop,” “high conviction,” “breakout,” “bullish,” “bearish,” or “risk/reward” are used for educational and informational purposes only and do not convert the Services into personalized advice.
You are not required to act on any alert. You may disregard any alert. You are responsible for deciding whether, when, and how to act.
10. Subscriber Execution Risk
Even if an alert is accurate or profitable in theory, your individual results may differ because of delayed receipt of alerts, delayed action, brokerage execution delays, slippage, bid-ask spreads, liquidity constraints, volatility, order type, position sizing, failure to use stop losses, failure to exit, market halts, news events, platform outages, or subscriber error. The Company is not responsible for differences between stated alert levels and your actual trade execution or outcome.
11. AI-Generated Content
The Services may include AI-assisted or AI-generated analysis, summaries, rankings, scores, reports, alerts, and commentary, which may contain inaccuracies, omissions, hallucinations, calculation errors, outdated information, unsupported conclusions, or incomplete context.
AI-generated content is provided for educational and informational purposes only. You should independently verify all AI-generated content before making any investment decision. The Company may use human review procedures for certain content but does not guarantee that all AI-generated content is reviewed, complete, correct, or suitable.
12. Performance Information and Hypothetical Results
The Company may publish examples, historical alerts, performance summaries, backtests, hypothetical results, model results, paper-trading results, trade reviews, watchlist outcomes, or educational case studies.
You acknowledge that past performance does not guarantee future results; hypothetical results may not reflect actual trading; backtested results may be affected by assumptions; model results may not account for slippage, commissions, taxes, spreads, liquidity, execution delays, or emotional decision-making; individual subscriber results may vary; and no representation is made that any subscriber will achieve similar results.
13. Testimonials, Reviews, and Success Stories
Testimonials, reviews, comments, case studies, social media posts, or success stories may not be representative of typical results. You should not assume that any subscriber testimonial or example reflects your likely results. No testimonial, review, or success story is a guarantee or prediction of future performance.
14. Conflicts of Interest
The Company, its founders, employees, contractors, affiliates, or related parties may hold, buy, sell, or otherwise trade securities discussed in the Services. They may own securities before they are discussed, sell securities after they are discussed, receive affiliate or sponsorship compensation, or otherwise have a financial interest. The Company maintains an internal conflict-of-interest and employee-trading policy. You acknowledge that conflicts may exist and are responsible for considering them before making any investment decision.
15. Prohibited Subscriber Conduct
You agree not to:
- Share, resell, reproduce, or redistribute the Services without permission
- Post paid content publicly
- Copy scanner outputs or reports for commercial use
- Use the Services to operate a competing service
- Harass other users
- Post unlawful, misleading, defamatory, abusive, or manipulative content
- Promote pump-and-dump activity
- Coordinate market manipulation
- Use the community to solicit unlawful trading activity
- Misrepresent Company alerts or performance
- Reverse engineer, scrape, or misuse Company systems
- Interfere with Company technology or platforms
The Company may suspend or terminate access for violations.
16. Community Rules
If the Services include Discord, social media groups, chats, forums, comments, or member communities, you agree to follow all posted rules. The Company may moderate, remove, restrict, or delete content at its discretion. User-generated content reflects the views of the user posting it, not necessarily the Company, and the Company is not responsible for user-generated content, member comments, third-party claims, or subscriber-to-subscriber communications.
17. Subscription Plans, Fees, and Billing
The Company may offer monthly, annual, lifetime, founder, trial, promotional, or other membership plans. By purchasing a subscription, you authorize the Company and its payment processor to charge all applicable fees, taxes, renewal amounts, and other amounts due. Subscription fees are charged in advance unless otherwise stated. The Company may change pricing, plans, benefits, or billing terms prospectively by posting notice or providing notice through the Services.
18. Automatic Renewal
Unless cancelled before the renewal date, recurring subscriptions may automatically renew at the then-current price. You are responsible for cancelling before renewal if you do not wish to continue. Failure to use the Services does not cancel your subscription.
19. Refund Policy
Unless otherwise required by law or expressly stated in writing by the Company, subscription fees are non-refundable. The Company may, in its discretion, offer refunds, credits, or extensions, but doing so in one instance does not create an obligation to do so in the future. Lifetime, founder, promotional, discounted, or one-time memberships may be non-refundable.
20. Account Access and Security
You are responsible for maintaining the confidentiality of your login credentials. You may not share your account with others unless the Company expressly permits it. You are responsible for all activity occurring under your account and must promptly notify the Company of suspected unauthorized access.
21. Intellectual Property
All Services, content, alerts, reports, charts, watchlists, scanner outputs, AI reports, software, databases, text, graphics, branding, workflows, methodologies, templates, and materials are owned by the Company or its licensors. You receive a limited, revocable, non-exclusive, non-transferable license to access the Services for personal, non-commercial use during your subscription period. You may not copy, reproduce, distribute, sell, sublicense, publish, scrape, or commercially exploit the Services without written permission.
22. Third-Party Platforms and Services
The Services may rely on third-party platforms, including payment processors, Discord, X/Twitter, StockTwits, email providers, SMS providers, market data vendors, charting providers, AI providers, hosting providers, and other vendors. The Company does not control third-party platforms and is not responsible for their availability, accuracy, security, policies, outages, fees, delays, errors, or actions. Your use of third-party platforms may be subject to separate terms and policies.
23. Data Licensing and Market Data
Certain market data, news, analytics, filings, quotes, or third-party content may be subject to vendor restrictions. The Company may limit, delay, modify, remove, or discontinue certain data or features to comply with licensing requirements. You agree not to redistribute market data or third-party content unless permitted.
24. Privacy
The Company’s collection and use of personal information is governed by the Company’s Privacy Policy, which is incorporated by reference. The Company may collect information needed to operate subscriptions, process payments, communicate with subscribers, improve Services, and comply with legal obligations.
25. No Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, AVAILABILITY, AND UNINTERRUPTED ACCESS. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, ACCURATE, PROFITABLE, OR SUITABLE FOR YOUR NEEDS.
26. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS FOUNDERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, TRADING LOSSES, INVESTMENT LOSSES, LOST OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER. Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.
27. Assumption of Risk
You knowingly and voluntarily assume all risks associated with accessing the Services, using stock alerts, reviewing research, participating in communities, relying on scanner outputs, considering AI-generated analysis, making trading or investment decisions, and suffering trading or investment losses. You agree that the Company is not responsible for any trading or investment loss.
28. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its founders, members, managers, officers, employees, contractors, affiliates, agents, representatives, licensors, successors, and assigns from and against any claims, damages, losses, liabilities, costs, expenses, and attorneys’ fees arising out of or related to your use of the Services; your trading or investment activity; your violation of this Agreement or of law; your violation of third-party rights; your user-generated content; your misuse or redistribution of the Services; or your reliance on any information provided through the Services.
29. Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, your subscription, your access to Company content, or your relationship with the Company shall be resolved by binding arbitration, except where prohibited by law. The arbitration shall be administered by ________ under its applicable rules and shall take place in ________, unless the parties agree otherwise. The arbitrator shall have authority to award individual relief only. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
30. Class Action and Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PARTICIPANT IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATED PROCEEDING.
31. Governing Law and Venue
This Agreement shall be governed by the laws of the State of ________, without regard to conflict-of-law principles. Subject to the arbitration provision, any permitted court proceeding shall be brought exclusively in the state or federal courts located in ________, and you consent to personal jurisdiction and venue there.
32. Suspension and Termination
The Company may suspend, restrict, or terminate your access to the Services at any time if it believes you have violated this Agreement, violated community rules, misused the Services, created legal risk, engaged in abusive conduct, shared paid content, or otherwise acted inconsistently with the Company’s interests. Upon termination, your right to access the Services ends immediately. Termination does not eliminate obligations that by their nature should survive, including payment obligations, intellectual property restrictions, disclaimers, limitation of liability, indemnification, arbitration, and governing law.
33. Changes to Agreement
The Company may update this Agreement from time to time. Updated terms may be posted on the Company website or provided through the Services. Your continued use of the Services after updated terms become effective constitutes acceptance of the updated terms.
34. Severability
If any provision of this Agreement is found unenforceable, the remaining provisions remain in effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, if permitted by law.
35. Entire Agreement
This Agreement, together with documents incorporated by reference, constitutes the entire agreement between you and the Company regarding the Services and supersedes prior or contemporaneous understandings.
36. Electronic Acceptance
You agree that clicking “I Agree,” purchasing a subscription, creating an account, accessing paid content, joining a paid community, or continuing to use the Services constitutes your electronic signature and acceptance of this Agreement.
37. Subscriber Acknowledgment
By using the Services, you acknowledge that you have read this Agreement; you understand the Services are educational and informational only; you understand the Company does not provide personalized investment advice; you understand trading and investing involve substantial risk; you understand you may lose money; you understand no profits are guaranteed; you accept full responsibility for your investment and trading decisions; and you agree to the limitation of liability, arbitration, class action waiver, and other terms of this Agreement.