These Terms of Service (the "Terms") govern your access to and use of the websites, applications, email alerts, and software services (collectively, the "Service") operated by [COMPANY LEGAL NAME], a [STATE/COUNTRY] [entity type] ("ClearOcean", "we", "us", or "our"). Please read them carefully.
By accessing or using the Service, creating an account, or clicking "I agree," you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Refund & Cancellation Policy, which are incorporated by reference. If you do not agree, you must not access or use the Service. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.
ClearOcean is a software and research tool that aggregates and analyses publicly available information (including U.S. Securities and Exchange Commission ("SEC") filings and market data) and produces informational, rules-based signals and scores delivered by email and on our website.
ClearOcean is not, and does not act as: a registered investment adviser, broker-dealer, exchange, transfer agent, bank, custodian, or financial planner; and the Service is not a brokerage account or a managed account. We do not execute trades, hold or custody your funds or securities, or have access to your brokerage accounts. Nothing in the Service is, or should be construed as, a recommendation, offer, or solicitation to buy, sell, or hold any security or to engage in any transaction.
The Content is provided for general informational and educational purposes only. It is impersonal, is not tailored to your individual financial situation, objectives, risk tolerance, or needs, and does not constitute investment, legal, tax, accounting, or other professional advice. No fiduciary, advisory, or agency relationship is created between you and ClearOcean by your use of the Service. You are solely responsible for evaluating the Content and for your own investment decisions, and you should consult a licensed financial professional before acting. To the extent the Service is intended to qualify for the "publisher's exclusion" under the Investment Advisers Act of 1940 and applicable state law, the Content is offered as bona fide, regular, and general-circulation publication and not as personalised advice.
We make no representation, warranty, or guarantee as to the accuracy, completeness, timeliness, or future performance of any Content or signal. Any figures, examples, simulations, back-tests, or "what-if" illustrations shown anywhere on the Service are hypothetical and for illustration only; they do not represent actual trading or any client account and have inherent limitations, including the benefit of hindsight. Past and hypothetical performance is not indicative of future results.
Trading and investing in securities involve substantial risk, including the possible loss of your entire investment. Markets are volatile; signals may be wrong, late, or based on data that is incomplete or inaccurate. You should not invest money you cannot afford to lose.
You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract. The Service is offered only where lawful and is void where prohibited. You are responsible for compliance with all laws applicable to you, including securities and tax laws. We may restrict or refuse access in any jurisdiction at our discretion.
You must provide accurate, current, and complete information and keep it updated. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of any unauthorised use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe present a security or legal risk.
Certain features require a paid Subscription. By subscribing, you authorise us and our payment processor to charge your payment method the applicable fees, taxes, and recurring charges. Subscriptions renew automatically at the end of each billing cycle (e.g., monthly) at the then-current price until you cancel. We will provide any notices required by law before renewal or price changes. You authorise such recurring charges until you cancel. Fees are stated exclusive of taxes, which you are responsible for. We may change pricing and features prospectively with notice as required by law.
If we offer a free trial, we will disclose its length and the price that begins automatically when it ends. To avoid charges, cancel before the trial ends. Trials are limited to one per customer unless stated otherwise and may be modified or withdrawn at any time.
You may cancel at any time through your account, using the same method you used to subscribe (consistent with applicable "click-to-cancel" rules). Cancellation stops future renewals; access continues until the end of the current paid period. Refunds, where offered, are governed by our Refund & Cancellation Policy.
The Service relies on third-party data sources and providers (e.g., market-data and filing providers, payment, email-delivery, hosting, and analytics vendors). We do not control and are not responsible for the accuracy, availability, or practices of third parties. Your use of third-party services may be subject to their own terms.
The Service and all Content, software, trademarks, and design are owned by ClearOcean or its licensors and are protected by law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service and Content for your own personal, non-commercial use. You may not copy, resell, redistribute, publish, sublicense, scrape, data-mine, or create derivative works from the Service or Content without our prior written consent.
You agree not to: (a) use the Service for any unlawful purpose, including market manipulation, insider trading, or violating securities laws; (b) reverse-engineer, decompile, or attempt to access source code; (c) interfere with or disrupt the Service or its security; (d) use bots, scrapers, or automated means to access the Service except as expressly permitted; (e) resell or share access or republish the Content; or (f) misrepresent your identity or affiliation.
If you send us feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use them without restriction or compensation to you.
Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to those practices.
The Service and all Content are provided "as is" and "as available," without warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, timely, error-free, or that any signal, score, or data will be accurate or reliable. Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply to you.
To the maximum extent permitted by law, ClearOcean and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or trading or investment losses, arising out of or relating to your use of (or inability to use) the Service or any Content, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages. In all cases, our aggregate liability will not exceed the greater of (a) the amount you paid us in the [three (3)] months preceding the claim, or (b) [USD 100]. Some jurisdictions do not allow certain limitations, so some may not apply to you.
You agree to indemnify, defend, and hold harmless ClearOcean and its affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your investment decisions, your violation of these Terms, or your violation of any law or third-party right.
These Terms remain in effect while you use the Service. We may suspend or terminate your access at any time, with or without cause or notice, including for breach of these Terms. Upon termination, your licence ends and provisions that by their nature should survive (including Sections 4–5, 12, 16–18, and 21–23) will survive.
We may modify or discontinue the Service (in whole or part) at any time. We may update these Terms; we will post the updated version with a new effective date and, where required, provide notice. Your continued use after changes take effect constitutes acceptance.
These Terms are governed by the laws of the State of [STATE], United States, without regard to conflict-of-laws rules. Subject to Section 22, the state and federal courts located in [COUNTY, STATE] will have exclusive jurisdiction, and you consent to that jurisdiction and venue.
[OPTIONAL — confirm enforceability with counsel.] Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by [JAMS/AAA] under its rules, seated in [CITY, STATE], rather than in court, except that either party may bring a claim in small-claims court. You and ClearOcean waive any right to a jury trial and to participate in a class, collective, or representative action. You may opt out of this Section by emailing [legal@DOMAIN] within 30 days of first accepting these Terms.
These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and ClearOcean regarding the Service. If any provision is held unenforceable, the remaining provisions remain 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. Notices to you may be provided by email or by posting on the Service. You consent to receive communications electronically.
[COMPANY LEGAL NAME]
[Registered address]
Email: legal@DOMAIN