Terms of Service DRAFT
1. Service Description
Skew ("the Service") is an options analytics platform that provides derived market analytics, visualizations, and risk metrics to subscribers. The Service computes and displays analytics including but not limited to: Gamma Exposure (GEX), Expected Move, Put/Call walls, regime detection scores, charm, vanna, and Greeks aggregation.
The Service does NOT provide:
- Investment advice
- Trading recommendations
- Financial planning services
- Brokerage or execution services
All data and analytics are provided for informational purposes only. Users are solely responsible for their own investment decisions.
2. Disclaimer — Not Financial Advice
THE SERVICE AND ALL DATA, ANALYTICS, AND CONTENT PROVIDED THROUGH SKEW ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL, INVESTMENT, TRADING, OR ANY OTHER PROFESSIONAL ADVICE.
Users acknowledge that:
- Options trading involves substantial risk of loss.
- Past performance of any analytic model does not guarantee future results.
- Skew is not a registered investment advisor, broker-dealer, or financial planner.
- No content on the Service should be relied upon for making financial decisions.
3. Subscription and Payment Terms
3.1 Subscription Plans
The Service is available on a paid monthly subscription basis. Current pricing is displayed at [pricing page URL placeholder].
3.2 Billing
- Subscriptions are billed monthly in advance.
- Payment is processed through Stripe. By subscribing, you agree to Stripe's terms of service.
- Billing currency: USD [confirm before launch].
3.3 Failed Payments
If a payment fails, the account will enter a 7-day grace period [confirm grace period length]. During the grace period, access to the Service may be degraded or suspended. If payment is not resolved within the grace period, the account will be frozen.
3.4 Reactivation
To reactivate a frozen account, you must provide valid payment information. Access is restored upon successful payment.
4. Refund Policy
Subscriptions are non-refundable except as required by applicable law. If you believe you are entitled to a refund, contact [contact email placeholder] within 30 days of the charge.
[LEGAL REVIEW NOTE: Confirm refund policy with Hong Kong consumer protection requirements before launch.]
5. Account Termination
5.1 Termination by User
You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. Access continues until the period ends.
5.2 Termination by Skew
Skew reserves the right to suspend or terminate your account if you:
- Violate these Terms of Service
- Engage in unauthorized access or abuse of the Service
- Fail to pay subscription fees
6. Data Retention After Cancellation
Upon cancellation of your Skew subscription, your user data will be retained for [X] days after cancellation before permanent deletion. This includes:
- Account information
- Usage history
- Saved preferences and watchlists
After this period, all personal data associated with your account will be permanently deleted, except where retention is required by law or legitimate business purposes (e.g., audit logs).
[OPEN QUESTION #4: Define the retention period X. Recommended: 30 days. Must be specified before ToS is published.]
7. Intellectual Property
7.1 Ownership
All software, analytics models, algorithms, and UI components of the Service are the intellectual property of [Skew entity name — HK company name TBD] and are protected by applicable intellectual property laws.
7.2 License to Users
Subject to your active subscription, Skew grants you a limited, non-exclusive, non-transferable license to access and use the Service for personal or internal business purposes.
7.3 Restrictions
You may not:
- Reproduce, redistribute, or resell any data or analytics from the Service
- Use the Service to build competing products
- Reverse-engineer any algorithms or models
- Access the Service through automated means without express written permission
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKEW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR TRADING LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL SKEW'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
9. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (SAR), People's Republic of China, without regard to its conflict of law provisions.
Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong SAR.
[LEGAL REVIEW NOTE: Confirm enforceability of Hong Kong jurisdiction clauses against US users with legal counsel before launch.]
10. Changes to Terms
Skew reserves the right to modify these Terms of Service at any time. Users will be notified of material changes via email or a notice within the Service. Continued use of the Service after notification constitutes acceptance of the updated terms.
11. Contact Information
For questions regarding these Terms of Service, contact:
[Skew entity name — TBD]
Email: [[email protected] — placeholder]
Address: [HK company registered address — TBD]
This document is a draft for legal review. It does not constitute a final, legally binding agreement until reviewed and approved by qualified legal counsel.