Terms and Conditions

Interpretation

Capitalized terms in this document have the meanings given below. A definition applies in the singular and the plural equally.

Definitions

• Account — a unique record created for You to access the Service or parts of it.
• Affiliate — an entity that controls, is controlled by, or is under common control with a party, where "control" means owning 50% or more of the shares, equity, or voting interests.
• Company (also "We", "Us", and "Our") — gexscan, a sole proprietorship organized under the laws of the State of California, United States, doing business as gexscan.com. Correspondence may be addressed to support@gexscan.com.
• Content — any text, image, watchlist name, comment, preset, file, or other material posted, uploaded, linked, or otherwise made available by You through the Service.
• Country — the State of California, United States.
• Device — any computer, phone, tablet, or other hardware used to access the Service.
• Output — any value the Service computes or displays, including without limitation indicators, scores, levels, rankings, regime labels, charts, summaries, breadth statistics, projected ranges, pin estimates, gravity levels, gamma profiles, relative-performance scores, and any commentary or descriptive text generated from underlying market data.
• Service — the website at gexscan.com, the gexscan dashboard, any associated application programming interface, any newsletter or alert We distribute, any channel We operate on a social-media platform, and any other product We make available under the name "gexscan."
• Subscription — a recurring paid plan granting access to all or part of the Service.
• Terms — this document, which forms the full agreement between You and Us regarding the Service.
• Third-party Service — any product, data feed, software, or service supplied by a third party that is integrated into, displayed by, or relied on by the Service.
• Website — the website accessible at https://gexscan.com.
• You — the individual using the Service, or the entity on whose behalf such individual is using the Service, as applicable.

These Terms govern Your use of the Service and set out the obligations between You and Us. They apply to anyone who visits, browses, or otherwise interacts with the Service, whether a paying subscriber or not.

By accessing or using the Service You agree to be bound by these Terms. If You do not agree with any part of them, do not access the Service.

You confirm that You are at least 18 years of age. Minors may not use the Service.

Your use of the Service is also conditioned on Your acceptance of the Privacy Policy, the Risk Disclosure, and the Investment Adviser Disclaimer. Each of those documents is incorporated into these Terms by this reference. Read them carefully.

The Service is a derived-analytics product. It ingests publicly available and licensed third-party market data and produces Output through Our own computations. The Service does not redistribute raw exchange data, raw options chains, raw quote feeds, or any other market-data feed. Every value on the Service is a derived computation produced from source data, intended only for general informational and research purposes.

You acknowledge that:

• Output is derivative content, not a real-time quote, and may be materially out of date when displayed;
• Output is delivered with delay — typically fifteen (15) minutes or more behind real-time, and sometimes much longer during off-hours, outages, or system catch-up;
• Output may differ from values You compute Yourself, from values published by other tools, or from values the Service itself showed at an earlier moment, for reasons including data revisions, model changes, parameter re-tuning, bug fixes, or any other reason;
• We may at any time, with or without notice, change, retune, rename, remove, or add any Output, modify any formula, threshold, smoothing parameter, or definition, add or remove tickers from coverage, add or remove Subscription tiers, or modify any other aspect of the Service.

The Service contains statements that may be considered forward-looking. Such statements rest on assumptions about historical trends, present conditions, and Our reading of future events, and they carry significant uncertainty. Actual outcomes may differ materially from anything implied by a forward-looking statement on the Service. Do not place undue reliance on these statements. They reflect Our opinion at one moment in time, and We are under no obligation to update, revise, retract, or otherwise revisit them as new information becomes available.

Forward-looking Output on the Service includes, without limitation: pin-level and gravity-level projections; expected-range upper and lower bounds; regime classifications; biggest-expiration and next-expiration impact estimates; breadth statistics and their interpretation; relative- performance scores; any lean, fear/greed, bullish/bearish, or similar interpretive label; and any commentary that describes what Output "tends to" or "is likely to" mean for price.

The information We publish may not be appropriate for every reader and should not be the basis for any specific trading decision. Nothing on the Service is, or is offered as, an offer, recommendation, or solicitation to buy or sell any security, derivative, instrument, or other asset. We are not registered with the SEC, the CFTC, FINRA, the NFA, or any other securities or commodities regulator anywhere in the world, in any capacity, including as an investment adviser or broker-dealer. The Service is provided so that You can conduct Your own market research.

We or persons associated with Us may at any time hold positions in any security or derivative mentioned anywhere on the Service, and may change those positions at any moment, including immediately before or after publishing relevant content. We disclose no specific position and have no obligation to do so.

Do Your own research. Speak with a licensed professional. We are not liable for any error, omission, latency, or interpretive choice in the Service, nor for anything You do or fail to do in reliance on it.

Past performance is not indicative of future results.

Trading equities, options, futures, currencies, digital assets, and related derivatives carries a real risk of substantial loss. With short options, written options, and many futures positions, You can lose more than Your initial deposit. Treat any capital You commit to trading as money You are prepared to lose.

Any hypothetical, modeled, or projected value displayed on the Service is illustrative only. Hypothetical numbers are produced with the benefit of hindsight, assume idealized execution, ignore commissions and slippage, and cannot replicate the psychological reality of holding a real losing position. The results an actual trader obtains in live markets are almost never close to the results a hypothetical model implies.

See the full Risk Disclosure page for an enumerated list of risks specific to the gexscan Service, including data delays, calculation errors, service interruptions, missed alerts, model drift, and other product-specific failure modes. Those risks are incorporated into these Terms by reference.

The products and strategies referenced on the Service carry risks that may not be explicitly listed anywhere on the Service. Discussion of any one risk does not mean it is the only or even the principal risk. Nothing on the Service should be construed as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice, and nothing on the Service should be the primary basis for any decision made by You or by anyone acting on Your behalf. Consult Your own licensed adviser, attorney, and tax professional before You act.

Term and renewal

Some features of the Service require a paid Subscription. You pay in advance on the cycle You selected when subscribing (typically monthly or annually). Your Subscription renews automatically at the end of each period, on the same terms, until You or We cancel it. By starting a Subscription You authorize Us, through Our payment processor, to charge the payment method You provided at the start of each renewal period at the rate then in effect for Your tier, until You cancel.

Cancellation

You may cancel Your Subscription renewal at any time through Your Account settings or by emailing support@gexscan.com. Cancellation takes effect at the end of the billing period You are in. We do not refund fees You have already paid for the period in progress. You retain access until that period ends.

Billing

You agree to provide accurate, complete, and current billing information, including a valid payment method. If an automatic charge fails for any reason, We or Our payment processor may issue an invoice instructing You to complete the payment manually within a stated window. If a payment fails, is reversed, or is otherwise not collected, We may suspend or terminate Your access without notice.

Fee changes

We may change Subscription fees at any time, in Our sole discretion. Any change takes effect at the end of the current billing period at the earliest. We will give You reasonable advance notice so that You have an opportunity to cancel before the new price applies. Continuing to use the Service after a price change takes effect is Your acceptance of the new price.

Refunds

Except where applicable law requires otherwise, all paid Subscription fees are non-refundable. You are not entitled to a refund for partially used periods, for time during which You did not log in, for features that were modified or removed during Your billing period, for outages or service interruptions, for downgrades, or for any other reason except where required by law. We may, in Our sole discretion, consider individual refund requests on a case-by-case basis.

Chargebacks

If You dispute a charge with Your card issuer or bank without first contacting Us and giving Us a reasonable opportunity to resolve the issue, We may suspend or terminate Your Account, and We may recover from You any fees, costs, or expenses We incur as a result of the dispute.

When You create an Account, You must give Us information that is accurate, complete, and current at the time of registration, and You must keep it that way. Failure to maintain accurate information is a breach of these Terms and may result in immediate termination of Your Account.

You are responsible for safeguarding the password (or third-party authentication credential) You use to access the Service and for everything done under those credentials. Do not share Your password. Do not let another person use Your Account. Do not use a single Account across multiple people. Tell Us immediately if You suspect unauthorized access.

You may not choose a username that belongs to someone else, that infringes another party's trademark or other right, or that is offensive, vulgar, or obscene.

Posting Content

Where the Service allows You to submit Content (for example, a watchlist label, a saved layout, a support-channel message, or a future user-contributed feature), You are responsible for what You post — including its legality, its accuracy, and its appropriateness.

By submitting Content, You grant Us a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, store, reproduce, modify, adapt, display, perform, publish, and distribute that Content in connection with operating, providing, and promoting the Service. You retain ownership of Your Content. You confirm that You have all rights necessary to grant this license and that posting Your Content does not violate any third party's privacy, publicity, contract, copyright, or other right.

Restrictions on Content

We are not responsible for Content posted by users. You are solely responsible for the Content posted under Your Account and for all activity associated with Your Account.

You may not submit any Content that is:

• unlawful, or that promotes or facilitates unlawful activity (including market manipulation, insider trading, or coordinated trading schemes);
• defamatory, discriminatory, or hateful, including commentary directed at people on the basis of religion, race, ethnicity, national origin, sexual orientation, gender, age, disability, or any other protected characteristic;
• spam, machine-generated bulk content, chain communications, unauthorized advertising, or any form of lottery or gambling solicitation;
• infected with or designed to deliver malware, ransomware, spyware, or any other code intended to disrupt, damage, or compromise software, hardware, networks, or data;
• infringing on a patent, trademark, trade secret, copyright, right of publicity, or other proprietary right;
• impersonating any person or entity, including the Company and its representatives;
• a violation of any third party's privacy;
• false, misleading, or designed to deceive other users.

We may at our sole discretion (but are not obligated to) review Content, edit or reformat it, refuse it, or remove it. We may suspend or terminate Your Account for posting Content that violates these Terms. Because We cannot pre-screen everything, You agree that You use the Service at Your own risk and that We are not liable for any Content posted by anyone, including any error in it, any loss arising from reliance on it, or any offense You take from it.

Backups

We make periodic backups of system data, but We do not guarantee that any specific piece of Content will be preserved or recoverable. Backups can be corrupted by problems in source data, by the timing of a backup relative to a write, by storage failures, or by other causes. We are not liable for the integrity of Content backups or for any failure to restore Content to a usable state. You should keep Your own copy of anything important.

The Service and all of its content, other than Content submitted by You or other users, is owned by Us or by Our licensors. The Service is protected by copyright, trademark, trade-secret, and other intellectual-property laws of the United States and other jurisdictions.

"gexscan", the gexscan logo, and the names of any proprietary metric or feature distributed under the Service are Our trademarks. You may not use Our trademarks or trade dress in connection with any product or service without Our prior written consent.

If You send Us feedback, suggestions, or ideas about the Service, You grant Us a worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable license to use, reproduce, distribute, modify, adapt, display, perform, and otherwise exploit that feedback for any purpose without payment or attribution to You.

The Service may contain links to third-party websites, integrations, brokerages, charting platforms, social-media channels, or other services not operated by Us. We do not control those third parties. We are not responsible for their content, their privacy practices, or their conduct. You agree that We are not liable, directly or indirectly, for any loss or damage caused by Your use of or reliance on any third-party site or service reached through a link on the Service. Read the terms and privacy policies of any third-party site before You use it.

We may suspend or terminate Your Account, or Your access to any part of the Service, at any time, without prior notice and without liability, for any reason — including without limitation Your breach of these Terms, fraud, abuse, late or failed payment, a regulatory or legal requirement, or Our discontinuance of any part of the Service.

On termination, Your right to use the Service ends immediately. If You wish to terminate Your Account, You may do so by stopping use of the Service and cancelling Your Subscription, or by emailing support@gexscan.com. Provisions of these Terms that by their nature should survive termination (including disclaimers, indemnification, limitations on liability, and dispute resolution) will survive.

To the maximum extent permitted by law, You agree to indemnify, defend, and hold harmless Us and Our affiliates, agents, and licensors from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your use of the Service; (b) Your Content; (c) Your breach of these Terms or any representation or warranty You make under them; (d) any trading, investment, or other decision You make in connection with information from the Service; (e) Your violation of any applicable law or third-party right; or (f) Your negligence, fraud, or willful misconduct. We may assume the defense and control of any matter for which You owe Us indemnity, in which case You will cooperate fully and will not settle any matter without Our prior written consent.

Regardless of any damages You may incur, Our entire liability and the liability of any of Our suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, is limited to the greater of (a) the amount You actually paid Us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, and (b) one hundred U.S. dollars (US $100).

To the maximum extent permitted by law, in no event will We or Our suppliers be liable for any special, incidental, indirect, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost data, lost business, lost trading gains, trading losses, business interruption, personal injury, loss of privacy, loss of opportunity, or any other damages arising out of or related to Your use of or inability to use the Service, any Third-party Service used with the Service, or any other provision of these Terms, even if We or Our suppliers were advised of the possibility of those damages and even if the remedy fails of its essential purpose.

Without limiting the above, You agree that We are not liable for losses arising from any of the following (illustrative, not exhaustive): delayed or stale market data; errors, gaps, or anomalies in source data delivered by third parties; incorrect or misleading calculations, indicators, scores, levels, or rankings produced by the Service; service downtime, partial outages, slowness, or stale cached output; delayed, lost, duplicated, or mis-addressed notifications; account-access failures (including login outages, multi-factor authentication issues, billing-sync delays, and identity-provider problems); billing errors (including failed renewals, double charges, uncancelled charges, or proration mistakes); security incidents affecting account information or billing identifiers; changes to or removal of any feature, metric, ticker, integration, or tier of the Service; the interpretation You apply to anything published on the Service; and any other matter described in the Risk Disclosure.

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of certain damages. In those jurisdictions, the limitations in this section will apply to the fullest extent permitted by law.

You acknowledge that the disclaimers and limitations in these Terms are essential to Our willingness to offer the Service on commercially reasonable terms, and that We would not do so without them.

We provide general informational and publishing services on financial-market topics and quantitative options indicators. We do not provide investment advisory services in any manner as that term is defined in the United States Investment Advisers Act of 1940 (the "Act") or under any analogous state, federal, or non-U.S. law. The Service is informational only and is not an offer or solicitation to buy or sell any security or instrument. The Service is built from sources We believe to be reliable but We make no representation that any of it is accurate or complete, and We accept no liability for Your reliance on it.

Nothing on the Service constitutes investment advice under the Act. Any decision You make in connection with any fund, instrument, or transaction must be based on the relevant prospectus or other authoritative source, not on the Service. The final investment decision is exclusively Yours.

See the full Investment Adviser Disclaimer page for more.

The Service is provided to You "AS IS" and "AS AVAILABLE", with all faults and defects, and without warranty of any kind. To the maximum extent permitted by law, We — on behalf of Ourselves and on behalf of Our affiliates, licensors, and service providers — expressly disclaim every warranty, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from a course of dealing, course of performance, usage, or trade practice. We make no warranty and offer no representation that:

• the Service will meet Your needs, achieve Your intended results, or be compatible with any other software, service, or system;
• the Service will operate continuously, on schedule, at any minimum performance level, or without error;
• any information, indicator, level, or other Output on the Service is accurate, complete, reliable, or current;
• defects or errors will be corrected;
• the Service, its servers, or any communication sent on Our behalf are free of viruses, malware, scripts, worms, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on a consumer's statutory rights; in those jurisdictions the above exclusions and limitations apply to the greatest extent permitted.

These Terms, and Your use of the Service, are governed by the laws of the State of California, United States, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Your use of the Service may also be subject to other applicable local, state, federal, or international law.

If You have a concern or dispute about the Service, You agree to try to resolve it informally first by contacting Us at support@gexscan.com.

No class actions

You may resolve any dispute with Us only on an individual basis. You may not bring or participate in any claim as a plaintiff or class member in any class action, collective action, consolidated action, representative action, private attorney-general action, or similar proceeding. Class actions, class arbitrations, and consolidation of arbitrations with claims brought by other people are not permitted.

For any claim not subject to the above (for example, a claim by Us seeking injunctive relief to protect Our intellectual property), You and We agree to submit to the exclusive personal jurisdiction of the state and federal courts located in California and waive any objection to venue in those courts.

If You are a consumer residing in the European Union, You will benefit from any mandatory provisions of the law of the country in which You are resident, and those provisions apply to the extent required by law notwithstanding anything in these Terms.

If You are an end user that is part of the United States federal government, the Service is a "Commercial Item" as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202.

You represent and warrant that: (a) You are not located in a country subject to a United States government embargo or that has been designated by the United States government as a "terrorist supporting" country; and (b) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be interpreted to fulfill its purpose to the greatest extent permitted by law, and the remaining provisions will continue in full force.

Waiver

Except as expressly provided here, Our failure to enforce a right or to require performance of an obligation under these Terms does not waive Our ability to enforce that right or require that performance later, and waiver of one breach does not waive any later breach.

We are not in breach of these Terms and We are not liable to You for any partial or total failure to perform the Service caused by any act, circumstance, event, or matter beyond Our reasonable control. This includes, without limitation, acts of God; natural disasters; fire; pandemic; act of government or regulatory authority; war, civil unrest, or terrorism; failure or unavailability of any third party on which the Service relies; failure or unavailability of any data feed, hosting provider, content delivery network, payment processor, identity provider, or email provider; failure of the public internet or of any telecommunications carrier; denial-of-service or other cyber attack; strike or labor action; and any other event We could not have foreseen or prevented by reasonable means.

If We make these Terms available in a language other than English, You agree that the English version controls in the event of any inconsistency.

We may modify or replace these Terms at any time at Our sole discretion. If a revision is material, We will make reasonable efforts to give at least 30 days' notice before the new Terms take effect. What counts as material is for Us to decide.

By continuing to access or use the Service after a revision takes effect, You agree to be bound by the revised Terms. If You do not agree with the new Terms, stop using the Service.

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer-rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Questions about these Terms can be sent to support@gexscan.com.