Legal
These terms and conditions (“Terms of Service”) set out the terms and conditions on which DeltaIQ, LLC (“the Company,” “DeltaIQ,” “we,” or “us”) makes available to you (“you” or the “subscriber”) any products, services, content, research, data, publications, tools, and functionality that we offer or make available, including our automated market-condition publication service, subscriber dashboard, community channels, website, and any related applications (individually, a “Product” and collectively, the “Products”). These Terms of Service, together with any documents they expressly incorporate by reference, apply to and govern your access to and use of the Products, whether you access the Products as a guest, trial user, or paid subscriber.
Please read these Terms of Service carefully before you start to use the Products. THESE TERMS OF SERVICE TAKE EFFECT WHEN YOU AFFIRMATIVELY ACCEPT THEM AT SIGNUP. BY CHECKING THE “I AGREE” BOX PRESENTED AT SIGNUP, BY COMPLETING ENROLLMENT OR PAYMENT, OR BY ACCESSING OR USING THE PRODUCTS, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, OUR PRIVACY POLICY (https://getdeltaiq.com/privacy.html, THE “PRIVACY POLICY”), AND ANY PRODUCT-SPECIFIC TERMS, EACH INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE PRODUCTS.
UNLESS EXPRESSLY PROVIDED OTHERWISE, THE PRODUCTS AND ALL CONTENT, PUBLICATIONS, RESEARCH, DATA, ANALYSIS, COMMENTARY, MODELS, TOOLS, AND OTHER MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE PRODUCTS (COLLECTIVELY, THE “CONTENT”) ARE PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.
DELTAIQ IS A PUBLISHER. DELTAIQ IS NOT A REGISTERED INVESTMENT ADVISER, BROKER-DEALER, FINANCIAL ADVISER, OR INVESTMENT FIRM, AND NOTHING IN THE PRODUCTS OR THE CONTENT CONSTITUTES, OR IS INTENDED TO CONSTITUTE, FINANCIAL, INVESTMENT, LEGAL, TAX, INSURANCE, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. NOTHING IN THE PRODUCTS OR THE CONTENT IS A RECOMMENDATION, SOLICITATION, OFFER, OR INVITATION TO BUY, SELL, SUBSCRIBE FOR, OR OTHERWISE TRANSACT IN ANY SECURITY, FINANCIAL INSTRUMENT, OR OTHER FINANCIAL PRODUCT, OR TO ADOPT ANY INVESTMENT STRATEGY, AND NO RECOMMENDATION IS BEING MADE AS TO THE SUITABILITY OF ANY INVESTMENT. THE COMPANY IS NOT ACTING AS YOUR BROKER, DEALER, INVESTMENT ADVISER, FIDUCIARY, OR AGENT, AND YOUR USE OF THE PRODUCTS DOES NOT CREATE ANY CLIENT, ADVISORY, FIDUCIARY, OR OTHER SUCH RELATIONSHIP. THE PUBLICATIONS AND CONTENT ARE DELIVERED IDENTICALLY AND SIMULTANEOUSLY TO ALL SUBSCRIBERS, ARE NOT TAILORED TO YOUR PORTFOLIO, FINANCIAL SITUATION, OR NEEDS, AND ARE NOT INDIVIDUALIZED INVESTMENT ADVICE. YOU ALONE ARE RESPONSIBLE FOR EVALUATING THE MERITS, RISKS, AND SUITABILITY OF ANY INVESTMENT DECISION BASED ON THE CONTENT, AND YOU SHOULD CONSULT YOUR OWN QUALIFIED FINANCIAL, LEGAL, AND TAX ADVISERS BEFORE MAKING ANY FINANCIAL OR INVESTMENT DECISION. PAST PERFORMANCE AND HISTORICAL PATTERNS ARE NOT GUARANTEES OF FUTURE RESULTS. ALL INVESTING INVOLVES RISK, INCLUDING THE POSSIBLE LOSS OF PRINCIPAL. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR SUITABILITY OF THE PRODUCTS OR THE CONTENT FOR ANY PURPOSE.
The Products consist of an automated, rules-based market-condition publication and related features. The Company analyzes publicly observable market conditions on a fixed, recurring evaluation cycle and publishes observational content relating, for example, to the SPDR S&P 500 ETF Trust. Publications and dashboard Content are observational: they describe current or historical, observable market conditions and patterns. The Products do not predict future prices, do not make recommendations, and do not provide advice tailored to any subscriber.
For the avoidance of doubt, no publication or other Content specifies any entry price, exit price, strike, expiration, contract size, position size, or stop-loss level, and no publication or Content directs you to take, or refrain from taking, any action. As used in the Products, labels such as “Bull,” “Bear,” or similar descriptive terms refer to a measurement of current, observable market conditions at the time of publication, and are not a directive, recommendation, or instruction to buy, sell, or hold any security.
You acknowledge that: (a) publications are generated automatically, without human discretion at the point of delivery, on a frequent, recurring evaluation cycle during regular U.S. trading hours; (b) publications are broadcast identically and simultaneously to all subscribers within a given tier, and the Company does not deliver individualized publications or respond to on-demand requests for particular content; and (c) the Company has no visibility into, access to, or control over any brokerage or trading account of yours, and does not transmit, and cannot transmit, any trading instruction on your behalf.
The Products are offered in tiers, which may include one or more paid subscription tiers (for example, a publication-access tier and a publication-plus-dashboard tier) and a free tier. The free tier provides delayed or summary content only and does not include live publications. The Company may add, modify, combine, or discontinue tiers, features, Products or Content at any time as described in these Terms of Service. Tier pricing and features are as presented at signup and at https://getdeltaiq.com/#pricing.
The Products are offered only to individuals who are at least eighteen (18) years old and who are residents of, and accessing the Products from within, the United States. The owner of the Products is based in the State of New York in the United States. We make no claim that the Products or any Content are accessible or appropriate outside the United States; if you access the Products from outside the United States, you do so on your own initiative and are responsible for compliance with local law. By using the Products, you represent and warrant that you meet these eligibility requirements.
At signup you will be asked to provide two separate, affirmative acknowledgments, each by a distinct, unchecked checkbox: (a) that you have read and agree to these Terms of Service and the Privacy Policy; and (b) that you have read and understand the disclosures described in the informational disclosures and the "We Are Not" disclosures incorporated into these Terms of Service. You must provide both acknowledgments before you receive any publication. Each acknowledgment is recorded independently. Your provision of these acknowledgments, together with your acceptance of these Terms of Service, constitutes your agreement to be bound.
Paid subscriptions are sold directly by the Company. The Company is the merchant of record for your subscription and contracts with you directly for its sale; our payment processor, Stripe, Inc. ("Stripe"), processes payments on our behalf and is not the seller. By starting a subscription, you authorize the Company, through Stripe, to charge your designated payment method for all applicable fees, including recurring fees, until you cancel. You agree to keep your billing information current, complete, and accurate. All fees are stated and charged in U.S. dollars. If a charge is declined or fails, we may retry it and may suspend or terminate your subscription until payment is resolved. Your use of Stripe is also subject to Stripe's applicable terms.
New subscribers may be offered a free trial of fourteen (14) calendar days. A valid payment method is required to start the free trial, and no subscription fee is charged during the free trial period. If you do not cancel before the end of the free trial, your subscription will automatically convert to a paid, recurring subscription on the day after the free trial ends, and your payment method will be charged the then-current subscription fee for the plan you selected. The subscription fee for your plan is the fee presented to you at signup and published at https://getdeltaiq.com/#pricing, plus applicable taxes. Annual plans are billed once, in advance, for the full twelve-month term.
Your paid subscription automatically renews at the end of each billing period until you cancel (monthly for monthly plans and annually for annual plans). At the end of each billing period, the Company will automatically charge your payment method the then-current subscription fee for the next period, plus applicable taxes. Your first subscription fee is charged on the day your paid subscription begins, which is the day after your free trial ends, and each subsequent charge occurs on the same date in each successive billing period. For example, if your free trial runs from the 1st through the 14th of a month, your first charge occurs on the 15th of that month and monthly renewals occur on the 15th of each following month.
You may cancel at any time through My Account at getdeltaiq.com/account (Stripe). We do not accept cancellation by email. Cancellation takes effect at the end of the then-current billing period, and you will retain access to the Products until that time. Because monthly subscriptions are prepaid for the applicable period, cancellation does not entitle you to a refund of amounts already charged, and fees are non-refundable except as required by law or as expressly stated in these Terms of Service.
If you cancel an annual plan after your paid subscription has begun, we will continue to provide the Products through the end of the then-current month of your annual term and will refund the unused whole months remaining in that term, calculated at the discounted monthly equivalent of the annual subscription fee you paid. Partial months are not refunded.
We may change subscription fees from time to time. We will provide notice of any fee change as required by applicable law before it takes effect, and any change will apply to billing periods after the change. Your continued subscription after a fee change takes effect constitutes your acceptance of the new fee.
SMS is an optional notification channel separate from purchase of the Products. You may subscribe and use non-SMS Products (including the subscriber dashboard) without giving SMS consent. When you check out, SMS consent is collected only by a separate affirmative action (a checkbox that is unchecked by default); it is not bundled into the Terms of Service or purchase acknowledgment. We will not send SMS without that consent. If you opt in, you consent to receive recurring automated text messages from or on behalf of the Company at the mobile number you provide. Those messages notify you when new subscriber dashboard content is available and include a call-to-action to sign in through My Account at getdeltaiq.com/account. SMS messages do not include market, ticker, price, direction, or other publication detail; full observational content is available only on the subscriber dashboard after sign-in. The identity of the SMS program and its expected message frequency are disclosed where you give that consent. After signup, you may also be asked to confirm enrollment by replying to a verification text, and you may enable or disable SMS later in My Account. Message frequency varies with how often we publish new dashboard content. Message and data rates may apply. We do not sell or share your mobile number or SMS consent with third parties for their own marketing; our handling of your information is described in the Privacy Policy. You may opt out of text messages at any time by replying STOP to any message; you will receive a confirmation and no further notification messages. Opting out of SMS stops text delivery but does not by itself cancel your subscription, stop your billing, or entitle you to a refund; to cancel, follow the process in Section 4. Reply HELP for help, or contact us at support@getdeltaiq.com. Carriers are not liable for delayed or undelivered messages. You represent that you are the subscriber or authorized user of the mobile number you provide, and you agree to notify us if you relinquish it. Any promotional or marketing text messages, if offered, require your separate, affirmative opt-in and are not a condition of purchase.
Except as provided in other applicable terms, we reserve the right to withdraw or amend a Product, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Products is unavailable at any time or for any period. From time to time we may restrict access to some or all of the Products.
You may be asked to provide registration details before accessing certain Products. It is a condition of your use that all information you provide is correct, current, and complete. If you are given or choose access credentials, you must treat them as confidential and must not disclose them to any other person. Your credentials are personal to you, and you must not provide any other person with access to the Products using them. You are responsible for all activity that occurs under your credentials. You agree to notify us immediately of any unauthorized access to or use of your credentials. We may disable any credentials at any time in our sole discretion if, in our opinion, you have violated these Terms of Service.
The Products and their Content (including all information, software, text, displays, images, publications, data, and the selection and arrangement thereof) are owned by the Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. No right, title, or interest in the Products or Content is transferred to you, and all rights not expressly granted are reserved. Any use of the Products not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, trade secret, and other laws.
Subject to your compliance with these Terms of Service, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Products and Content for your personal, non-commercial use only. You must not use any part of the Products or Content for any commercial purpose without our prior written consent. You must not modify, create derivative works of, download (except as the Products expressly allow), store, reproduce, distribute, redistribute, retransmit, rebroadcast, resell, sublicense, publicly display, republish, or otherwise make available any publication or other Content to any third party, whether in real time or on a delayed basis, and whether or not for a fee. Publications that analyze and describe market conditions are the core of the paid Products, and their redistribution is a material breach of these Terms of Service. If you use any part of the Products in breach of these Terms of Service, your right to use the Products ceases immediately and you must, at our option, return or destroy any copies you have made.
The Company’s scoring and market-condition analysis logic, including its parameters, thresholds, weightings, evaluation methodology, and source code (collectively, the “Publication Engine”), constitutes the Company’s confidential information and trade secrets, and the Company takes reasonable measures to preserve its secrecy, including by not exposing its logic through the Products. You must not, and must not permit or assist any third party to, directly or indirectly: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive, reconstruct, or discover the Publication Engine’s logic, methodology, or source code; (b) use the Products, publications, or Content to train, build, or improve any competing or derivative model, publication, or product; or (c) systematically collect, scrape, or aggregate publications or Content in an effort to reverse-derive the Publication Engine. You acknowledge that any breach of this Section would cause the Company irreparable harm for which monetary damages would be inadequate, and that the Company is entitled to seek injunctive or other equitable relief in addition to any other remedy. This Section 8 survives termination.
The DeltaIQ name, the DeltaIQ logo , and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use them without our prior written permission. All other names, logos, and marks are the trademarks of their respective owners.
You may use the Products only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Products:
In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the United States or other countries;
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including, without limitation, by using email addresses or screen names associated with any of the foregoing;
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Products, or which, as determined by us, may harm the Company or users of the Products, or expose them to liability.
Additionally, you agree not to:
Use the Products in any manner that could disable, overburden, damage, or impair them, or interfere with any other party's use of the Products, including their ability to engage in real-time activities through the Products;
Use any robot, spider, or other automatic device, process, or means to access the Products for any purpose, including monitoring or copying any of the material on the Products;
Use any manual process to monitor or copy any of the material on the Products, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Products;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Products, the server on which the Products are stored, or any server, computer, or database connected to the Products;
Attack the Products via a denial-of-service attack or a distributed denial-of-service attack; and
Otherwise attempt to interfere with the proper working of the Products.
The Products may include, now or in the future, community features hosted on third-party platforms, such as Discord. Your use of any such platform is also subject to that platform’s own terms, and to any Community Guidelines we adopt. Community features, if offered, are provided for general discussion and informational purposes only.
Whether in a public channel or a one-on-one direct message, the Company does not provide individualized, investment-related advice, and no communication from the Company or its representatives is intended as personalized investment advice. The Company may respond to questions about the app, the Website, account or billing matters, and other administrative topics, but will not provide advice tailored to your portfolio, financial situation, or needs.
If we offer community features that allow you or other users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”),all User Contributions must comply with the Content Standards below. Any User Contribution you post will be considered non-confidential and non-proprietary, and you grant the Company and its affiliates and service providers, and their respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose such material for any purpose. You represent that you own or control all rights in your User Contributions, that they comply with these Terms, and that you — not the Company — are responsible for your User Contributions, including their legality and accuracy.
These content standards (the "Content Standards") apply to your User Contributions and your use of the community channels. User Contributions must comply with all applicable laws and must not: be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, or otherwise objectionable; promote sexually explicit material, violence, or discrimination; infringe any intellectual property or other right of any person; violate the legal rights of others or give rise to civil or criminal liability; be likely to deceive any person; promote or assist any unlawful act; impersonate any person or misrepresent your affiliation; involve commercial activities without our consent; or give the impression that they emanate from or are endorsed by us if that is not the case.
User Contributions reflect the views of the users who post them, not the Company. No User Contribution is the Company's advice, endorsement, or recommendation, and other subscribers are not acting on the Company's behalf. Consistent with Section 11(a), the Company does not provide individualized investment advice in any community channel or direct message.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Products or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Products.
Terminate or suspend your access to all or part of the Products for any reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Products. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Products and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 12.
The Products rely on third-party services, including our payment processor (Stripe), our messaging provider (Twilio), hosting and database providers, and market-data providers, and may include community platforms, such as Discord, if and when, we offer community features. Your access to certain features may be provisioned through one or more of these services. Each such third party has its own terms and privacy practices that govern your relationship with it; you are separately bound by those terms, and the Company is not a party to and has no control over them. We are not responsible or liable for the acts, omissions, availability, security, or performance of any third-party service, or for any loss arising from your use of it.
Except as expressly stated (for example, where a platform’s terms require it), these Terms of Service do not confer any rights or remedies on any person other than you and the Company, and there are no third-party beneficiaries of these Terms.
The information presented on or through the Products is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Products, or by anyone who may be informed of any of its Contents.
Products may include Content provided by and/or derived from third parties. For example, underlying market and performance data is supplied by third-party providers, including Tradier, TastyTrade and other third-party data providers, some of which serve as backup sources in the event of a data outage. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. You understand and agree that Products may include calculations using such third-party data, and that such calculations are not guaranteed by these sources or any other person or entity and may not be accurate or complete.
From time to time the Company may offer features, tiers, or Products identified as beta, pilot, preview, early-access, or pre-release (collectively, “Beta Features”). Beta Features are made available for evaluation, are provided “as is” and “as available,” may contain errors, and may be changed, suspended, or discontinued at any time without notice and without liability. No service level, uptime, or availability commitment applies to Beta Features, and you should not rely on them. Any feedback you provide regarding Beta Features may be used by the Company for any purpose without restriction or obligation to you, and information about Beta Features that is not public is the Company’s confidential information, which you agree not to disclose.
We may update Products and their Content from time to time. However, such Products and their Content are not necessarily complete or up-to-date, and we are under no obligation to update such material. We may also add, modify, or discontinue features, tiers, or Content, in whole or in part, at our discretion.
All personal information we collect through the Products is subject to our Privacy Policy. By using the Products, you consent to all actions we take with respect to your information in compliance with the Privacy Policy. [The Privacy Policy is incorporated into these Terms by reference.]
You understand that we cannot and do not guarantee or warrant that the Products will be free of defects. You are responsible for implementing sufficient security procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Products for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PRODUCTS LINKED TO IT.
YOUR USE OF THE PRODUCTS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS IS AT YOUR OWN RISK. THE PRODUCTS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PRODUCTS, OR THAT THE PRODUCTS OR ANY PUBLICATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE, TIMELY, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PRODUCTS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SUPPLIERS, SERVICE PROVIDERS, INFORMATION PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PRODUCTS, ANY WEBSITES LINKED TO THEM, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS INCLUDES, WITHOUT LIMITATION, ANY TRADING OR INVESTMENT LOSSES.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, suppliers, service providers, information providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Products, including your User Contributions, any use of the Content other than as expressly authorized, or your use of any information obtained from the Products.
All matters relating to the Products and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Products shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your state of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company's sole discretion, it may submit any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”).
The award rendered by the arbitrator(s) shall be final, non-reviewable, and non-appealable and binding on the Parties and may be entered and enforced in any court having jurisdiction, and any court where a Party or its assets is located (to whose jurisdiction the Parties consent for the purposes of enforcing the award). Judgment on the award shall be final and non-appealable.
There shall be one arbitrator agreed to by the Parties within twenty (20) days of receipt by respondent of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules.
If more than one arbitration is commenced under these Terms of Service and any party contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the arbitrator(s) selected in the first-filed proceeding shall determine whether, in the interests of justice and efficiency, the proceedings should be consolidated before those arbitrator(s). Related and affiliated parties are bound to each other by this arbitration clause. Each related party may be joined as an additional party to an arbitration involving other parties under these Terms of Service.
The seat or place of arbitration shall be New York, New York. The arbitration shall be conducted and the award shall be rendered in English. The arbitration proceedings and arbitrators shall apply the laws of New York.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE PRODUCTS SHALL BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER FORM OF REPRESENTATIVE OR MULTI-PARTY PROCEEDING. YOU EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. NO ADJUDICATOR SHALL HAVE AUTHORITY TO CONSOLIDATE OR JOIN THE CLAIMS OF TWO OR MORE INDIVIDUALS OR TO PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
If any portion of this Section 23 is found unenforceable or invalid, only that portion shall be severed, and the remainder of this Section 23 shall continue in full force and effect.
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
We may revise and update these Terms of Service from time to time in our sole discretion. To the extent permitted by applicable law, changes are effective when we post them, and your continued use of the Products following posting means you accept the changes. Where a change materially affects paid subscribers or is required to be notified in advance by law, we will provide notice as required.
The following are incorporated into these Terms of Service by reference: the Privacy Policy; the Community Guidelines; and the disclosures set out in the “We Are Not” disclosures attached as Schedule A. Additional terms may apply to specific features and are incorporated when presented.
All feedback, comments, requests for technical support, and other communications relating to the Products should be directed to: support@getdeltaiq.com.
This Schedule is incorporated into and forms part of the Terms of Service. It describes what the Products do not do. In the event of any conflict between this Schedule and the body of the Terms of Service, the more restrictive limitation on the Company’s role applies.
No individual investment advice of any kind. Publications that analyze market conditions are impersonal and identical for all subscribers; no Content is tailored to any individual’s situation, goals, or risk tolerance.
No specific trade recommendations. No entry price, exit price, strike, expiration, contract size, position size, or stop-loss level is specified.
No portfolio management or account oversight. The Company has no visibility into, access to, or influence over any subscriber’s brokerage account.
No performance guarantees or projected returns. Historical-pattern language is observational only, with no representation that past conditions will repeat.
No manipulation of market data. All inputs are sourced from third-party providers believed to be reliable (such as Tradier and TastyTrade) and are never modified or selectively presented.
No discretionary overrides to the model. Market-condition analysis and publication are fully automated and rules-based, with no manual suppression or alteration of publications.
No front-running or preferential delivery. The operator receives the same publication output as subscribers; any administrator detail is technical only, and is not delivered earlier or on more favorable terms.
No on-demand or personalized publication requests. Subscribers cannot request publications or receive responses tailored to their situation; delivery is automated and identical for all subscribers.
No fiduciary or advisory relationship created. A subscription does not create an investment adviser–client relationship; subscribers are responsible for their own decisions.