Terms of Service

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you and Nicholas Insalata ("we", "us", "our", or "AutoStockAI") regarding your use of the AutoStockAI mobile application (the "App"), its associated website (the "Site"), and all related services (collectively, the "Services"). By downloading, installing, accessing, or using the App or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

2. ELIGIBILITY

You must be at least 18 years old and legally able to enter into contracts to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

3. NO FIDUCIARY DUTY / NO AGENCY RELATIONSHIP

• AutoStock AI is a software tool ONLY. We do NOT act as your agent, broker, fiduciary, trustee, or financial advisor.
• No relationship of trust, confidence, or reliance is created between you and the Developers.
• We have NO duty to monitor your trades, warn you of risks, or supervise your trading activity.
• You are ENTIRELY SOLELY AND EXCLUSIVELY RESPONSIBLE for all trading decisions.

4. FINANCIAL RISK DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY.

• Trading involves SUBSTANTIAL RISK of loss. You could lose your entire investment and incur losses exceeding your initial capital.
• The App provides tools and information to assist with trading decisions, but we do NOT provide financial, investment, tax, or legal advice.
• Past performance does not guarantee future results. Any hypothetical or backtested results are for informational purposes only.
• YOU ARE SOLELY RESPONSIBLE for all trading decisions and for monitoring your open positions. We recommend consulting a licensed financial advisor before using the App for live trading.
• We are NOT a registered broker-dealer, investment adviser, or financial institution.
• We do NOT hold or custody your funds, stocks, or cryptocurrency. All funds are held by your chosen broker (e.g., Alpaca, Public.com, Kraken, Interactive Brokers).
• AI-generated analysis may contain errors, hallucinations, or completely incorrect information. Do NOT rely on AI-generated content for trading decisions.

5. FREE TRIAL AND PAID SUBSCRIPTIONS

5.1 Free Trial

New subscribers may be eligible for a free trial period as offered through Google Play Billing. During the trial, you will have full access to the App's features. You may cancel at any time before the trial ends to avoid being charged. If you do not cancel, your subscription will automatically begin at the end of the trial period, and you will be charged according to your selected plan.

5.2 Subscription Plans

The App offers premium features through an auto-renewing subscription managed via Google Play Billing. Subscription terms, pricing, and billing periods are displayed in the App before purchase.

5.3 Billing and Payment

All payments are processed securely by Google Play. We do not collect or store your payment information.

5.4 Cancellation

You may cancel your subscription at any time through your Google Play account settings. Cancellation will take effect at the end of the current billing period.

6. API KEYS AND SECURITY

Your API keys are your responsibility:

• Store them securely and do NOT share them.
• The App stores them locally on your device using AES-256 encryption. We NEVER have access to them.
• Immediately revoke compromised keys via your broker's platform.
• We are NOT liable for unauthorized access resulting from your negligence.

7. DATA PRIVACY

Our Privacy Policy describes how we collect, use, and protect your data. All sensitive data is stored locally on your device. We do not store your API keys or personal financial data on our servers.

8. GOOGLE ADMOB AND ADVERTISING

Both the Site and the App use Google AdMob to display advertisements. By using the Services, you agree to Google's advertising terms. You may opt out of personalized ads through your device settings.

9. NO FINANCIAL ADVICE

Nothing in the App, the Site, or these Terms constitutes financial, investment, tax, or legal advice. All information is for educational purposes only. Always consult a qualified professional before making financial decisions.

10. THIRD-PARTY SERVICES

The App integrates with third-party services including, but not limited to, Alpaca Markets, Public.com, Kraken, Interactive Brokers, DeepSeek AI, Yahoo Finance, and Stooq. Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or performance of these third-party services.

11. USER CONDUCT

You agree not to:

• Reverse engineer, decompile, or disassemble the App.
• Use the App for illegal or unauthorized purposes.
• Interfere with or disrupt the App or its servers.
• Transmit viruses, malware, or harmful code.
• Attempt to gain unauthorized access to any part of the App.

12. MODIFICATIONS

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation.

13. TERMINATION

We may terminate or suspend your access to the Services at any time, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Services will immediately cease.

14. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED $0.00 USD. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY AMOUNT WHATSOEVER. This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

16. INDEMNIFICATION

You agree to indemnify and hold harmless Nicholas Insalata and AutoStockAI from any claims, damages, losses, or expenses (including legal fees) arising out of your use of the Services, your violation of these Terms, or your violation of any rights of a third party. This includes any claims brought by third parties (including brokers) arising from your use of the App.

17. CLASS ACTION WAIVER & BINDING ARBITRATION

• YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR REPRESENTATIVE PROCEEDINGS OF ANY KIND.
• ANY DISPUTE ARISING FROM THESE TERMS OR YOUR USE OF THE APP SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION, except that either party may bring an individual action in small claims court.
• The arbitration shall be conducted in New Jersey, USA, under the rules of the American Arbitration Association.
• UK users retain their statutory rights under the Consumer Rights Act 2015 to the extent such rights cannot be waived by contract.

18. GOVERNING LAW & JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its conflict of law provisions. Any legal action shall be brought exclusively in the state or federal courts located in New Jersey, USA. You consent to the exclusive jurisdiction and venue of these courts.

19. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, telecommunications failures, broker API outages, exchange halts, or government actions.

20. RELEASE AND WAIVER OF CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Developers from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to your use of the App or your trading activities.

21. SURVIVAL

All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to: Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Class Action Waiver, and Release and Waiver of Claims.

22. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. If any provision is deemed unenforceable as written, it shall be modified to the minimum extent necessary to make it enforceable.

23. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings, whether written or oral.

24. CONTACT INFORMATION

For questions about these Terms, please contact:

Email: founder@autostockai.com