1. Acceptance of these terms

These Terms of Service (the “Terms”) govern your access to and use of the ThetaWiz software, applications, and websites (together, the “Service”), provided by ThetaWiz (“ThetaWiz,” “we,” “us,” or “our”). By creating an account, subscribing, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

2. The Service

ThetaWiz provides software for options portfolio risk analysis, including ThetaWiz Risk and, when available, ThetaWiz Pro, our options portfolio risk-analysis applications. The Service is decision-support software only. It is advisory-only and does not place, modify, or cancel orders, and it connects directly to your own brokerage account using your own entitlement.

We may add, change, or remove features of the Service over time. We may also impose limits on certain features or restrict access to parts of the Service.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements and that the information you provide to us is accurate and current.

4. Accounts and entitlement

To use the Service you provide an email address, which we use to manage your entitlement and billing. You are responsible for maintaining the confidentiality of your account and any credentials used to access the Service, and for all activity that occurs under your account. Notify us promptly at support@thetawiz.com if you believe your account has been compromised.

5. Beta and pre-release features

Parts of the Service — including ThetaWiz Risk during its private beta — are provided on a pre-release basis. Beta features are offered “as is,” may be incomplete or unstable, may change or be discontinued at any time, and are not subject to any service-level commitment. We may collect feedback about beta features and use it without restriction.

6. Subscriptions, billing, and trials

Paid plans are sold as subscriptions billed on a monthly or annual basis per product. Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You authorize us and our payment processor to charge the applicable fees and taxes to your payment method on each renewal.

ThetaWiz Risk is free during its private beta; we will give notice before any paid plan begins. Fees are stated in U.S. dollars and exclude taxes unless stated otherwise. Except where required by law, fees are non-refundable and partial billing periods are not prorated. You can cancel at any time, and your subscription will remain active through the end of the current billing period.

We may change our prices or plans. We will give you reasonable advance notice of any price change, and the change will take effect on your next renewal.

7. Acceptable use

You agree not to: (a) use the Service in violation of any law or third-party right, including your broker’s or its data vendors’ terms; (b) copy, resell, sublicense, or redistribute the Service or any data obtained through it; (c) reverse engineer, decompile, or attempt to extract source code, except to the extent that restriction is prohibited by law; (d) interfere with or disrupt the integrity or performance of the Service; or (e) access the Service to build a competing product or to circumvent usage limits or entitlements.

8. Your broker connection and market data

The Service authenticates with your own brokerage account and accesses market data through that connection under your own entitlement. Your use of broker connections and market data is subject to your broker’s and its data vendors’ terms, and you are responsible for complying with them. We do not pool, share, or redistribute market data between users. Brokerages and data feeds are operated by third parties, and we are not responsible for their availability, accuracy, or actions.

9. Not investment advice

ThetaWiz is a software tool. It is not a broker-dealer, investment adviser, or financial planner, and nothing in the Service is investment, legal, tax, or other professional advice or a recommendation to buy or sell any security. Options trading involves significant risk and is not suitable for all investors; you may lose more than your initial investment. You are solely responsible for your own trading decisions. Modeled scenarios and past performance do not guarantee future results.

10. Intellectual property

The Service, including all software, content, and trademarks, is owned by ThetaWiz or its licensors and is protected by intellectual-property laws. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own internal, personal use. We reserve all rights not expressly granted.

11. Third-party services

The Service may rely on or interoperate with third-party services, including your broker and our infrastructure and payment providers. We are not responsible for third-party services, and your use of them may be subject to their own terms.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DATA OR CALCULATION WILL BE ACCURATE OR COMPLETE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THETAWIZ AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, TRADING LOSSES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless ThetaWiz and its officers, employees, and agents from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

15. Termination

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access to the Service if you breach these Terms or if we discontinue the Service. Upon termination, your right to use the Service ends. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and indemnification — will survive.

16. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms with a new effective date or by email. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

17. Governing law and disputes

These Terms are governed by the laws of [GOVERNING-LAW JURISDICTION — to be set by counsel], without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising out of or relating to these Terms or the Service will be the courts located in [VENUE — to be set by counsel], and you consent to their jurisdiction.

18. Contact

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