Terms of Service

1. Agreement to These Terms

These Terms of Service (the “Terms”) form a binding legal agreement between you (“you,” “your,” or “User”) and FlowMonkey LLC, an Oregon limited liability company (“FlowMonkey,” “we,” “us,” or “our”), and govern your access to and use of the FlowMonkey website, applications, data feeds, analytics, visualizations, tools, alerts, written materials, and all related services (together, the “Service”).

By checking the acceptance box, clicking “I Agree,” creating an account, purchasing or maintaining a subscription, or otherwise accessing or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case “you” refers to that entity.

2. The Service Is an Informational and Educational Publication

FlowMonkey operates an informational and educational website. We publish market data, statistical measurements, historical analyses, charts, maps, visualizations, scores, general commentary, and educational materials concerning publicly traded securities and options markets. This information is made available to a general audience and is not tailored to the financial situation, objectives, or needs of any particular person.

FlowMonkey is a publisher of general information and educational content. We are not, and do not hold ourselves out as, an investment adviser, broker, dealer, broker-dealer, commodity trading advisor, futures commission merchant, financial planner, or fiduciary. The Service does not manage any account, does not execute or transmit any order, does not custody any assets, and does not provide personalized or individualized investment advice.

All Content is intended to be impersonal and made available to a general audience. Nothing in the Service is provided in response to, or on the basis of, any specific User's personal circumstances, and no Content should be understood as a recommendation that any User take or refrain from taking any particular action. Where Content identifies an entry, target, stop, contract example, conviction score, or estimated or hypothetical return range, those outputs are generated from market data and predefined analytical methodologies for a general audience and are not based on your portfolio, investment objectives, risk tolerance, financial circumstances, or other personal needs.

3. Definitions

“Content” means all data, measurements, scores, levels, maps, apex or gamma readings, setups, signals, watchlists, alerts, text, graphics, and other materials made available through the Service.

“Subscription” means a paid plan (currently a monthly plan, which may begin with a free trial period that converts to a paid subscription unless cancelled before the trial ends) that provides access to designated features of the Service.

“Third-Party Data” means market data, quotes, historical prices, options data, and related information supplied to us by third-party providers, exchanges, or vendors.

4. Eligibility and Accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. You represent that you are not barred from using the Service under the laws of the United States or your jurisdiction, and that you will comply with all applicable laws in connection with your use.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate registration information and to keep it current. You must notify us promptly of any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account.

5. Not Financial, Investment, Legal, or Tax Advice; No Fiduciary Relationship

The Service and all Content are provided for informational and educational purposes only. Nothing made available through or generated by the Service — including any map, level, apex or gamma reading, score, setup, signal, watchlist, alert, engine output, statistic, or commentary — is, or should be construed as, investment advice, financial advice, legal advice, tax advice, an offer, a solicitation, or a recommendation to buy, sell, or hold any security, option, derivative, or other financial instrument. Any entry, target, stop, conviction score, illustrative option contract, or estimated or hypothetical return range is an analytical output or example only and is not a recommendation or prediction of actual results.

No Content constitutes a representation that any security, strategy, or transaction is suitable or appropriate for you or for any specific person. Your use of the Service does not create any advisory, fiduciary, agency, or brokerage relationship between you and FlowMonkey.

You are solely responsible for your own investment research and decisions. Before making any financial decision, you should consult your own licensed financial, legal, and tax professionals and independently evaluate the merits and risks in light of your own circumstances. You agree that you are not relying on FlowMonkey for advice of any kind and that you act on your own independent judgment.

6. Registration Status; General, Impersonal Information

FlowMonkey is not registered as an investment adviser or broker-dealer.

The Service is designed to provide general, impersonal information to a broad audience and not advice tailored to any specific User or portfolio. FlowMonkey does not purport to act in any capacity requiring registration.

7. Trading Risk Disclosure and Assumption of Risk

Trading and investing in securities, options, and derivatives involves substantial risk of loss and is not suitable for every person. Options in particular can lose their entire value in a very short period and may, in certain strategies, expose you to losses greater than your initial investment. You may lose some or all of your capital.

You acknowledge and agree that any decision to buy, sell, hold, or refrain from trading any instrument is made by you alone, in your sole discretion, and at your own risk. You assume full and sole responsibility for all losses, damages, tax consequences, and other liabilities arising from your use of the Service or from any decision you make in connection with it.

8. No Guarantees; Past and Hypothetical Performance; Data

FlowMonkey makes no representation, warranty, or guarantee regarding the accuracy, completeness, timeliness, reliability, or profitability of any Content. Markets are inherently unpredictable, and any measurement, statistic, score, or result may not recur.

Any performance figures, hit rates, historical measurements, backtests, grades, or “receipts” presented, whether historical, hypothetical, backtested, modeled, or estimated, are shown for informational and educational purposes only and are NOT indicative of, and do not guarantee, future results. Historical performance reflects past conditions and may not recur. Hypothetical, backtested, modeled, or estimated performance has inherent limitations, does not represent actual trading, and may not account for transaction costs, bid-ask spreads, slippage, liquidity constraints, taxes, timing, execution differences, or other real-world factors. No representation is made that any person will, or is likely to, achieve results similar to those shown.

Third-Party Data may be delayed, incomplete, interrupted, out of sequence, or inaccurate due to providers, exchanges, connectivity, or other factors outside our control. We do not independently verify all Third-Party Data and are not responsible for its accuracy or for any actions you take in reliance on it.

9. Subscriptions, Fees, Billing, Renewal, and Refunds

Certain features require a paid Subscription. Fees, billing frequency, and plan features are described at the point of purchase and are processed by our third-party payment processor. By subscribing to a recurring plan, you authorize us and our processor to charge the applicable fees to your payment method on a recurring basis until you cancel.

Subscriptions automatically renew for successive periods at the then-current rate unless you cancel before the renewal date. You may cancel at any time through your account or by contacting us; cancellation stops future charges and access continues until the end of the current paid period. We will provide the renewal disclosures, acknowledgment, and cancellation methods required by applicable law, including Oregon's automatic-renewal requirements.

Except where required by law, all fees are non-refundable, including for partial periods and for periods during which you did not use the Service. However, if FlowMonkey terminates without cause the prepaid recurring Subscription of a User who is not in breach of these Terms, or permanently discontinues the paid Service during the prepaid period, FlowMonkey will refund the unused prepaid portion. Founder rates, where offered, apply only while the associated Subscription remains continuously active and are otherwise subject to these Terms. A one-time lifetime tier, where offered, provides access for the commercial life of the applicable FlowMonkey Service or plan, subject to these Terms and termination for breach, and does not guarantee that FlowMonkey or any particular feature will operate indefinitely. We may change prices, plans, and features on a prospective basis, subject to any notice or consent required by applicable law; changes to these Terms are governed by Section 20.

10. License, Intellectual Property, and Restrictions

The Service and all Content, software, and materials are owned by FlowMonkey or its licensors and are protected by intellectual-property and other laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own individual, non-commercial use. Your access is licensed, not sold.

You agree not to, and not to permit others to: copy, reproduce, resell, redistribute, sublicense, publicly display, or republish the Service or any Content; scrape, harvest, or use automated means to access the Service except as we expressly permit; reverse engineer or attempt to derive any underlying methods, models, or source code; remove or alter any proprietary notices; or use the Service or Content to build or train any competing product or dataset.

11. Acceptable Use

You agree not to use the Service for any unlawful, fraudulent, or abusive purpose, including any use in furtherance of market manipulation, insider trading, or trading on the basis of material non-public information. You agree not to interfere with or disrupt the Service, attempt to gain unauthorized access to any system or account, or transmit any malware or harmful code.

We may suspend or terminate access that we reasonably believe violates these Terms or applicable law, or that may harm the Service, other users, or third parties.

12. Third-Party Services and Links

The Service relies on third-party data providers, exchanges, and a third-party payment processor, and may contain links to third-party websites or resources. We do not control and are not responsible for third-party services, data, or content, and your use of them may be subject to their own terms and policies. Your dealings with any third party are solely between you and that third party.

13. Privacy and Electronic Communications

Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to receive communications from us electronically, including account, transactional, and service-related messages, and you agree that electronic communications, agreements, and records satisfy any legal requirement that such communications be in writing.

14. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWMONKEY AND ITS OWNERS, MEMBERS, OPERATORS, AFFILIATES, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT ANY CONTENT IS ACCURATE, COMPLETE, OR RELIABLE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLOWMONKEY OR ITS OWNERS, MEMBERS, OPERATORS, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY TRADING OR INVESTMENT LOSSES, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FLOWMONKEY AND THE FOREGOING PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR ONE BILLING PERIOD OF THE SUBSCRIPTION IN EFFECT WHEN THE EVENT GIVING RISE TO THE CLAIM OCCURRED. FOR ANY ONE-TIME PURCHASE, INCLUDING A LIFETIME TIER, THE CAP WILL NOT EXCEED THE PURCHASE PRICE ACTUALLY PAID. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, IN WHICH CASE THESE LIMITS APPLY TO THE FULLEST EXTENT PERMITTED.

16. Indemnification

You agree to indemnify, defend, and hold harmless FlowMonkey and its owners, members, operators, affiliates, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Service; your trading or investment decisions; your violation of these Terms; your violation of any applicable law; or your violation of the rights of any third party.

17. Binding Arbitration; Class-Action Waiver; Opt-Out

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL. Except for claims that may be brought in small-claims court, any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration may be conducted remotely or at a location consistent with the AAA Consumer Arbitration Rules and applicable law, and judgment on the award may be entered in any court of competent jurisdiction. Filing, administrative, and arbitrator fees will be allocated as required by the AAA Consumer Arbitration Rules and applicable law.

YOU AND FLOWMONKEY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. You and FlowMonkey each waive any right to a jury trial.

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to the legal-notice email or business address listed in Section 22 within thirty (30) days of first accepting these Terms. Your notice must include your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, the governing-law and venue provisions below will apply to any dispute.

18. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Oregon and applicable U.S. federal law, without regard to conflict-of-laws principles. Subject to the arbitration provisions above and except where applicable law requires otherwise, you and FlowMonkey submit to the exclusive jurisdiction and venue of the state and federal courts located in Oregon for any dispute not subject to arbitration.

19. Termination

We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination — including those concerning intellectual property, disclaimers, limitation of liability, indemnification, arbitration, governing law, and these miscellaneous provisions — will survive.

20. Changes to the Service and to These Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may also modify these Terms; the version in effect at the time you accept governs your use, and material changes will require your renewed acceptance before continued access. Each version of these Terms is identified by a version date, and your acceptance is recorded together with that version, a timestamp, and your IP address.

21. Force Majeure, Assignment, and Miscellaneous

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, market disruptions, exchange or data-provider outages, network or power failures, or governmental action. You may not assign these Terms without our consent; we may assign them freely in connection with a merger, acquisition, or sale of assets.

If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. These Terms, together with the Privacy Policy and any order or plan terms presented at purchase, constitute the entire agreement between you and FlowMonkey regarding the Service and supersede all prior agreements on the subject.

22. Contact

FlowMonkey LLC is an Oregon limited liability company. Questions about these Terms, and any arbitration opt-out or other legal notice, may be sent to [email protected] or to FlowMonkey LLC, 6077 Waconda Rd NE, Salem, OR 97305.

23. Acknowledgment and Electronic Signature

By accepting these Terms, you specifically acknowledge and agree that: FlowMonkey provides general information and educational tools, not advice; you alone are responsible for your trades, decisions, and any resulting losses; past and hypothetical performance does not predict future results; you have had the opportunity to consult your own professional advisors; and you are not relying on FlowMonkey for individualized advice. This acknowledgment, your affirmative acceptance, and the recorded version, timestamp, and IP address together constitute your electronic signature to these Terms and evidence of your agreement to be bound by them.