Terms of Service

1. Eligibility and Account Registration

1.1 Age Requirement

You must be at least 18 years of age, or the age of legal majority in your jurisdiction (whichever is greater), to use this Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18, you are prohibited from using the Service.

1.2 Account Registration

To access certain features, you must register an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Not share your account or credentials with any third party
• Notify us immediately of any unauthorized use of your account
• Accept full responsibility for all activities under your account

1.3 Account Restrictions

You may not create an account if:

• You have been previously banned or suspended from the Service
• You are a resident of a jurisdiction where use of the Service is prohibited
• You intend to use the Service on behalf of a competitor for competitive analysis

2. Description of Service

2.1 What We Provide

MarketOdds provides stock performance odds analysis tools for educational and informational purposes only. The Service includes:

• Historical seasonal pattern analysis for stocks and securities
• Backtesting simulation tools for trading strategies
• Performance probability calculations based on historical data
• Portfolio tracking and analysis features
• API access for programmatic data retrieval (subject to subscription)

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

2.3 Service Availability

We do not guarantee that the Service will be available at all times or without interruption. The Service may be subject to limitations, delays, and other problems inherent in the use of internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.

4. User Representations and Warranties

By using the Service, you represent and warrant that:

• You have the legal capacity to enter into these Terms
• You are at least 18 years of age
• All information you provide is accurate and truthful
• Your use of the Service does not violate any applicable law or regulation
• You understand and accept the risks associated with trading and investing
• You will not use the Service for any illegal or unauthorized purpose
• You are not located in a sanctioned country or on any restricted party list
• You acknowledge that you are solely responsible for your investment decisions

5. Prohibited Activities

You agree NOT to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any laws
• Attempting to gain unauthorized access to the Service, other accounts, or computer systems
• Interfering with or disrupting the Service or servers/networks connected to the Service
• Using any automated means (bots, scrapers, crawlers) to access the Service without authorization
• Copying, reproducing, redistributing, or reselling any data or content from the Service
• Reverse engineering, decompiling, or disassembling any part of the Service
• Circumventing any security measures or access restrictions
• Impersonating any person or entity, or misrepresenting your affiliation
• Uploading or transmitting viruses, malware, or other malicious code
• Harvesting or collecting user information without consent
• Using the Service to send spam or unsolicited communications
• Engaging in any activity that could damage, disable, or impair the Service
• Using the Service on behalf of a competitor for competitive intelligence purposes

6. Subscription, Payments, and Billing

6.1 Subscription Plans

The Service offers both free and paid subscription plans. Paid features require an active subscription. Plan details and pricing are available at marketodds.ai/pricing.

6.2 Payment Processing

All payments are processed through third-party payment processors. By providing payment information, you authorize us to charge your payment method for all fees incurred. You are responsible for all applicable taxes.

6.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. You may cancel your subscription at any time through your account settings.

6.4 Refund Policy

Due to the nature of digital services, all payments are generally non-refundable. No refunds will be provided for:

• Partial subscription periods
• Unused features or services
• Dissatisfaction with analysis results or trading outcomes
• Account termination due to Terms violations

Refund requests may be considered on a case-by-case basis at our sole discretion. Contact [email protected] for inquiries.

6.5 Price Changes

We reserve the right to change subscription prices at any time. You will receive at least 30 days' notice of any price increase. Continued use after a price change constitutes acceptance of the new pricing.

7. API Terms of Use

7.1 API Access

Access to the MarketOdds API is subject to these Terms and any additional API-specific terms. API access is granted on a limited, non-exclusive, revocable basis.

7.2 API Restrictions

You agree to:

• Not exceed rate limits or usage quotas
• Not redistribute or resell API data without written permission
• Include appropriate disclaimers when displaying data from our API
• Not use API data to create a competing service
• Maintain the confidentiality of your API keys

7.3 API Modifications

We may modify, suspend, or discontinue API access at any time. We will endeavor to provide reasonable notice of significant changes but are not obligated to do so.

8. Data Accuracy and Reliability

While we strive to provide accurate information, WE MAKE NO REPRESENTATIONS OR WARRANTIES regarding:

• The accuracy, completeness, or reliability of any data, analysis, or information
• The timeliness or currency of market data
• The accuracy of historical price data or calculations
• The performance of any analysis, pattern, or strategy
• The suitability of any information for your particular circumstances

Data may contain errors, omissions, or inaccuracies. You acknowledge that you use any data or analysis at your own risk.

9. Intellectual Property Rights

9.1 Our Intellectual Property

All content, features, functionality, software, data compilations, analysis methods, algorithms, and other materials on the Service are owned by MarketOdds or its licensors and are protected by international copyright, trademark, patent, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

9.3 Restrictions

You may NOT:

• Copy, modify, or create derivative works of the Service
• Sell, license, distribute, or commercially exploit the Service
• Remove any copyright or proprietary notices
• Use our trademarks without written permission

9.4 DMCA / Copyright Complaints

If you believe any content on the Service infringes your copyright, please send a notice to [email protected] with the required information under the Digital Millennium Copyright Act (DMCA).

10. Third-Party Content and Links

The Service may contain links to third-party websites, content, or services. We do not control, endorse, or assume responsibility for any third-party content. Your use of third-party services is at your own risk and subject to their terms and policies.

Market data may be provided by third-party data providers. We are not responsible for errors or omissions in third-party data.

11. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

For EU users, please refer to Section 21 (EU-Specific Provisions) for information about your rights under GDPR. For California residents, please refer to Section 22 (California Privacy Rights) for information about your rights under CCPA/CPRA.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT OR TITLE
• WARRANTIES REGARDING ACCURACY, RELIABILITY, OR COMPLETENESS OF DATA
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING RESULTS OBTAINED FROM USE OF THE SERVICE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you.

13. Limitation of Liability

• Any trading or investment losses, including loss of capital, profits, or opportunities
• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of data, goodwill, or business interruption
• Any damages arising from use of or inability to use the Service
• Any errors, omissions, or inaccuracies in data or analysis
• Any unauthorized access to your account or data
• Any third-party content or conduct

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow limitations on implied warranties or exclusion/limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless MarketOdds, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or any data obtained through the Service
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party rights
• Your trading or investment decisions or activities
• Any content you submit or transmit through the Service
• Any unauthorized use of your account

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, United States. You waive any objection to jurisdiction and venue in such courts.

17. Termination

17.1 Termination by You

You may terminate your account at any time through your account settings or by contacting [email protected]. Termination does not entitle you to a refund of any fees paid.

17.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Request by law enforcement or government agencies
• Extended periods of inactivity
• Any reason at our sole discretion

17.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. We may delete your account data in accordance with our Privacy Policy. Sections that by their nature should survive termination shall survive (including Sections 3, 12-16, 18, and 20).

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, civil unrest, labor disputes, government actions, pandemic, epidemic, power failures, internet or telecommunications failures, cyberattacks, or any other force majeure event.

19. Electronic Communications and Notices

By using the Service, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to [email protected].

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and MarketOdds regarding the Service and supersede all prior agreements and understandings.

20.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

20.3 Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or our right to enforce it at any future time. Any waiver must be in writing and signed by us to be effective.

20.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their successors and assigns.

20.5 No Partnership or Agency

Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and MarketOdds.

20.6 Export Compliance

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. trade sanctions.

20.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

21. EU-Specific Provisions (GDPR)

If you are located in the European Union, European Economic Area, or the United Kingdom, the following provisions apply in addition to the above:

21.1 Legal Basis for Processing

We process your personal data based on: (a) your consent; (b) the necessity to perform our contract with you; (c) our legitimate interests; or (d) compliance with legal obligations. See our Privacy Policy for details.

21.2 Your GDPR Rights

Under GDPR, you have the right to:

• Access your personal data
• Rectify inaccurate personal data
• Request erasure of your personal data ("right to be forgotten")
• Restrict processing of your personal data
• Data portability
• Object to processing based on legitimate interests
• Withdraw consent at any time
• Lodge a complaint with a supervisory authority

To exercise these rights, contact us at [email protected].

21.3 International Transfers

If we transfer your data outside the EU/EEA, we will ensure appropriate safeguards are in place, such as Standard Contractual Clauses approved by the European Commission.

21.4 Arbitration Limitation

For EU residents, the arbitration and class action waiver provisions in Section 15 may not apply to the extent they conflict with mandatory consumer protection laws in your jurisdiction.

22. California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

22.1 Your California Rights

• Right to Know: Request information about personal information we collect, use, and share
• Right to Delete: Request deletion of your personal information
• Right to Correct: Request correction of inaccurate personal information
• Right to Opt-Out: Opt out of the sale or sharing of personal information
• Right to Non-Discrimination: Not be discriminated against for exercising your rights

22.2 Do Not Sell or Share

MarketOdds does not sell your personal information in the traditional sense. However, certain data sharing for advertising purposes may constitute "sharing" under CPRA. To opt out, email [email protected] with subject line "Do Not Sell or Share My Personal Information."

22.3 Exercising Your Rights

To exercise your California privacy rights, contact us at [email protected]. We will respond within 45 days as required by law.

23. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last updated" date at the top of these Terms
• For material changes, we will notify you via email or through the Service
• We will provide at least 30 days' notice for material changes affecting your rights

Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and terminate your account.

24. Contact Information

If you have questions about these Terms, please contact us: