GexFlow — Terms of Use
Last updated: [DATE OF PUBLICATION]
These Terms of Use ("Terms") govern your access to and use of the GexFlow website at gexflow.net, the GexFlow web application at app.gexflow.net and any related services, content, features and communications (together, the "Services"), operated by House Genius LLC, a Texas limited liability company, 6318 Moncrieff Dr., Austin, TX 78747, USA ("GexFlow", "we", "us" or "our"). Contact: contactus@gexflow.net.
By creating an account, starting a trial, purchasing a subscription or otherwise using the Services, you agree to these Terms, to our Privacy Policy, our Cookie Policy and our Risk Disclosure, which are incorporated by reference. If you do not agree, do not use the Services.
1. What GexFlow is — and is not
1.1. GexFlow is an analysis and education tool. It displays charts, market data, options-derived levels (such as gamma exposure, Zero Gamma, Call Wall and Put Wall), indicators, alerts, company information and educational material.
1.2. GexFlow is not a broker-dealer, investment adviser, commodity trading advisor or financial planner. Nothing in the Services is, or should be construed as, investment, financial, legal, tax or accounting advice, a recommendation, an offer or a solicitation to buy or sell any security, option, future or other instrument.
1.3. Levels, indicators, statistics, alerts, explanations and any other output describe market conditions; they do not predict future prices and do not guarantee any result. Historical or hypothetical performance is not indicative of future results.
1.4. You alone are responsible for your trading and investment decisions and for their results. Trading options and other leveraged instruments involves substantial risk of loss and is not suitable for every person. See our Risk Disclosure.
2. Eligibility and accounts
2.1. You must be at least 18 years old and able to form a binding contract where you live. The Services are not intended for use where they would violate local law.
2.2. You must provide accurate information, keep your password confidential and are responsible for all activity under your account. Notify us immediately of any unauthorized use.
2.3. Accounts are personal and non-transferable. One account per person. Sharing credentials, simultaneous use by multiple people, reselling access or creating multiple accounts to obtain additional free trials is prohibited. We may limit concurrent sessions.
2.4. We may verify your email address and may refuse, suspend or close accounts at our discretion, including for suspected abuse of trials or promotions.
3. Subscriptions, trials and payments
3.1. Plans. We offer free and paid plans (currently Trial, Basic and Pro) with the features and limits described on our pricing page, which we may change from time to time. Features marked as belonging to a higher plan are shown but require an upgrade to use.
3.2. Free trial. New accounts may receive a free trial (currently 7 days) without a payment method, subject to email verification and anti-abuse limits. We may modify, shorten or end trials at any time. When the trial ends, access to paid features stops unless you subscribe.
3.3. Billing. Paid plans are billed in advance, monthly or annually, in US dollars, through our payment processor Stripe. By subscribing you authorize recurring charges to your payment method until you cancel. Prices may exclude applicable taxes, which you are responsible for.
3.4. Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current price unless cancelled before renewal. We will notify you in advance of any price increase; the new price applies from your next renewal.
3.5. Cancellation. You may cancel at any time from "My subscription". Cancellation takes effect at the end of the current paid period; you keep access until then. We do not provide partial refunds for unused time except as stated in 3.6 or required by law.
3.6. First-payment refund. If you are not satisfied, you may request a refund of your first payment for a given plan within 7 days of that charge by writing to contactus@gexflow.net. Refunds are not available for renewals, for accounts terminated for breach of these Terms, or where we reasonably suspect abuse.
3.7. Upgrades and downgrades. Upgrades take effect immediately and may be prorated by Stripe. Downgrades take effect at the next renewal.
3.8. Failed payments. If a payment fails, we may retry it and may suspend paid features until it is resolved. Chargebacks or payment disputes filed without first contacting us may result in account suspension.
4. License and acceptable use
4.1. Subject to these Terms and payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal, non-commercial purposes.
4.2. You may not: (a) copy, scrape, crawl, download in bulk, redistribute, resell, sublicense, publish or display market data, levels or other content from the Services outside the Services, except brief personal screenshots for non-commercial discussion with attribution to GexFlow; (b) use the Services to build a competing product or dataset; (c) reverse engineer, decompile or attempt to extract source code, models or algorithms; (d) circumvent plan limits, security, rate limits or access controls; (e) use bots or automated means without our written permission; (f) upload malware or interfere with the Services; (g) use the Services for any unlawful purpose or in violation of the rules of any exchange or data provider; (h) misrepresent output of the Services as advice or as guaranteed results.
4.3. Third-party data. Market data and other third-party content are provided by third parties under their own terms, may be delayed, incomplete or inaccurate, and may be subject to exchange redistribution restrictions. You agree to comply with any such terms we communicate to you.
5. Intellectual property
5.1. The Services, including software, design, indicators, methods, texts, graphics, logos and the GexFlow name, are owned by House Genius LLC or its licensors and protected by law. Except for the limited license above, no rights are granted.
5.2. Feedback. If you send suggestions or reports, you grant us a perpetual, irrevocable, royalty-free, worldwide right to use them for any purpose without compensation.
5.3. Your content. You retain ownership of content you create (such as drawings, alerts or notes) and grant us a license to host and process it to provide the Services.
6. Availability and changes
6.1. The Services are provided "as available". We do not guarantee uninterrupted, timely or error-free operation, or that data will be accurate or complete. Maintenance, outages of data providers, brokers, networks or hosting may affect the Services.
6.2. We may add, change or remove features, plans and limits at any time. If we materially reduce a paid plan you are currently paying for, you may cancel and request a prorated refund of the unused portion of the current period as your sole remedy.
6.3. Integrations with third-party brokers or services, where offered, are governed by those third parties' terms; we are not responsible for them.
7. Disclaimers
7.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS AND NON-INFRINGEMENT.
7.2. WE DO NOT WARRANT THAT ANY LEVEL, INDICATOR, ALERT, STATISTIC OR EXPLANATION IS CORRECT OR WILL RESULT IN ANY PROFIT OR AVOIDANCE OF LOSS.
8. Limitation of liability
8.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOUSE GENIUS LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY TRADING OR INVESTMENT LOSSES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
8.2. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US$50 IF YOU PAID NOTHING.
8.3. Some jurisdictions do not allow certain limitations; in that case they apply to the fullest extent permitted.
9. Indemnification
You agree to defend, indemnify and hold harmless House Genius LLC and its members, managers, employees and contractors from any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from your use of the Services, your trading decisions, your content or your breach of these Terms or of law.
10. Suspension and termination
We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you breached these Terms, abused trials or payments, created risk or legal exposure for us, or if required by law. You may stop using the Services and cancel at any time. Sections that by their nature should survive (including 1, 4.2, 5, 7, 8, 9, 11 and 12) survive termination.
11. Governing law and disputes
11.1. These Terms are governed by the laws of the State of Texas and applicable US federal law, without regard to conflict-of-laws rules.
11.2. Informal resolution first. Before filing any claim, you agree to contact us at contactus@gexflow.net and try to resolve the dispute informally for 30 days.
11.3. Arbitration and class-action waiver. [ATTORNEY TO CONFIRM] Any unresolved dispute shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Travis County, Texas. You and we waive any right to a jury trial and to participate in a class or representative action. Either party may bring an individual claim in small-claims court. You may opt out of arbitration within 30 days of first accepting these Terms by emailing contactus@gexflow.net.
11.4. Subject to 11.3, the state and federal courts located in Travis County, Texas have exclusive jurisdiction.
12. General
12.1. These Terms, together with the documents incorporated by reference, are the entire agreement between you and us regarding the Services.
12.2. We may update these Terms. We will post the new version with its date and, for material changes, notify you by email or in the Services at least 15 days before they take effect. Continued use after the effective date means acceptance.
12.3. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.
12.4. The English version prevails over any translation.
12.5. Notices to us: House Genius LLC, 6318 Moncrieff Dr., Austin, TX 78747, USA — contactus@gexflow.net.