⚠ Attorney red-line required. This document is a structured starting point — not legal advice and not ready to deploy as-is. Securities-law disclaimers in particular require review by a lawyer licensed in your jurisdiction. Costs roughly $800-1,500 for a securities attorney to red-line this draft. Do not publish without that review. Once your attorney has finalized the language, replace this notice with the final effective date.
TickerEdge Labs Terms of Service
Effective Date: [PENDING ATTORNEY REVIEW]
Last Updated: [PENDING ATTORNEY REVIEW]
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the TickerEdge Labs website, services, and research publications (collectively, the "Service"), operated by TickerEdge Labs Series of Elevate Management Solutions LLC, a Texas Series Limited Liability Company ("TickerEdge Labs," "we," "us," "our").
By accessing the Service, creating an account, or subscribing to any TickerEdge Labs product, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Service.
You must be at least 18 years of age and legally able to enter into binding contracts to use the Service. By using the Service, you represent that you meet these requirements.
2. Description of Service
TickerEdge Labs provides statistical research and screening publications related to publicly traded equities and equity options. Current modules include:
- Timing Lab: weekly intraday pattern analysis on subscriber watchlists
- LEAPS Screen: daily multi-factor screening of long-dated call options on the Barchart Top 100 universe
The Service produces descriptive analytical reports. The Service does NOT:
- Recommend specific trades, position sizes, entry prices, exit prices, profit targets, or stop losses
- Execute trades on your behalf
- Hold customer funds or assets
- Provide individualized investment, tax, legal, or financial advice
- Function as a brokerage, exchange, or any form of registered investment adviser
3. NOT INVESTMENT ADVICE — Important Disclaimer
TickerEdge Labs is not a registered investment adviser, broker- dealer, financial planner, or any other form of regulated financial professional. The Service does not constitute investment, legal, tax, or financial advice.
The information published through the Service — including but not limited to factor scores, pattern analyses, contract characteristics, score sensitivity notes, and any other report content — is provided solely for general informational and educational purposes. No portion of the Service is, or should be construed as, a recommendation, solicitation, offer, or advice to buy, sell, or hold any security, option, derivative, or other financial instrument.
You are solely responsible for any investment decisions you make, with or without reference to the Service. Before making any investment decision, you should consult with a licensed financial professional, investment adviser, tax adviser, attorney, or other qualified professional regarding your specific circumstances.
TickerEdge Labs makes no representation that the methodologies or information published through the Service are suitable for any particular investor, portfolio, or trading objective. The Service does not consider your individual financial situation, investment objectives, risk tolerance, tax circumstances, or other personal factors.
4. Risk Disclosure — Options Trading
Options trading involves substantial risk and is not suitable for every investor. Long-dated call options (LEAPS) in particular carry asymmetric risk profiles. Specific risks include but are not limited to:
- Total loss of premium. Options can expire worthless. The entire premium paid for an option contract may be lost if the option expires out-of-the-money.
- Leverage amplifies losses. Options provide leveraged exposure to the underlying security. Adverse price movements in the underlying can produce losses substantially greater than the underlying price movement on a percentage basis.
- Time decay. Options lose value over time, all else equal. This decay accelerates as expiration approaches.
- Volatility risk. Changes in implied volatility can materially affect option values, sometimes independently of underlying price.
- Liquidity risk. Even options that appear liquid by open-interest or volume metrics can become difficult to trade efficiently during market stress.
- Assignment risk. While LEAPS Screen focuses on long call positions, any short option position carries the risk of early assignment.
- Pin risk and expiration risk. Options nearing expiration can exhibit unusual price behavior.
You must read and understand the Options Clearing Corporation's publication "Characteristics and Risks of Standardized Options" (available at theocc.com) before trading any listed option. Your brokerage will provide this disclosure document during account opening for options trading.
The factor scores and pattern analyses published through the Service do not account for, predict, or eliminate any of these risks.
5. Risk Disclosure — General
All investing involves the risk of loss, including the possible loss of principal. Past performance is not indicative of future results. No representation is made that any account using the Service will or is likely to achieve profits or losses similar to those described in any TickerEdge Labs report, sample, or other communication.
The statistical patterns surfaced by Timing Lab are descriptive of historical price behavior over a defined sample period. There is no guarantee that historical patterns will persist into the future. Patterns identified by the Service may decay, reverse, or fail to replicate without warning.
The factor scores produced by LEAPS Screen reflect the screening model's evaluation of technical and fundamental conditions on the date of the report. There is no guarantee that high-scoring candidates will outperform low-scoring candidates over any future time period.
Markets are not always rational. News events, earnings surprises, regulatory actions, macroeconomic shifts, and other factors outside the scope of our analysis can produce price movements that contradict the Service's analytical output. The Service does not attempt to predict or hedge against such events.
6. Data Sources and Accuracy
TickerEdge Labs sources market data from third-party providers including EODHD, Barchart, and Financial Modeling Prep, among others. While we make reasonable efforts to verify data accuracy, we do not warrant that data is complete, current, or error-free.
If you identify a data error in a report, please contact research@tickeredgelabs.com. We will investigate and, where appropriate, issue a corrected report. However, we accept no liability for decisions made on the basis of erroneous data, regardless of source.
Third-party data providers may have their own terms of service that indirectly affect the Service. We are not responsible for outages, data quality issues, or other limitations imposed by third-party data sources.
7. No Fiduciary Relationship
Nothing in the Service, including any direct communication between you and TickerEdge Labs employees or agents, creates a fiduciary relationship, attorney-client relationship, broker-customer relationship, investment-adviser-client relationship, or any other relationship of trust or confidence.
Email correspondence, support conversations, social media interactions, and any other communications between you and TickerEdge Labs are informational and educational in nature. They do not constitute personalized investment advice.
8. Subscriptions and Billing
8.1 Subscription Plans
The Service is offered on a monthly subscription basis. Current pricing is published at tickeredgelabs.com/pricing and may be modified upon 30 days' advance notice. Modifications to pricing apply only to subsequent billing cycles, not to billing periods already paid for.
8.2 Billing
Subscriptions are billed in advance on a monthly recurring basis to the payment method you provide. Subscriptions automatically renew unless cancelled before the renewal date. By providing payment information, you authorize us to charge the applicable subscription fees to your payment method.
8.3 Free Trial and Sample Reports
TickerEdge Labs may, at its discretion, provide free sample reports, trial periods, or promotional access. Such offerings are subject to the same Terms as paid subscriptions, except as expressly noted in the promotional offer.
8.4 Refunds
We offer a 14-day money-back guarantee on initial subscriptions. If you cancel within 14 days of your first paid subscription to any module, we will refund the most recent month's subscription fee in full. Refunds beyond 14 days are at our sole discretion and are not guaranteed.
Renewal payments are non-refundable except as required by applicable law. To avoid renewal charges, cancel your subscription before the renewal date.
8.5 Cancellation
You may cancel your subscription at any time through the account dashboard or by emailing support@tickeredgelabs.com. Cancellation takes effect at the end of the current billing period; you retain access through the end of the period you have paid for.
We do not impose cancellation fees or require retention conversations.
8.6 Discount Codes
From time to time, we may offer discount codes through inbound support inquiries or targeted communications. Discount codes are subject to the terms specified at the time of issuance, including any requirements that multiple subscriptions remain active for the discount to remain valid. If a condition of a discount code is no longer met (for example, you cancel one of two required subscriptions), the discount may be removed from future billing cycles without further notice. We will notify you by email if your discount status changes.
9. Account Registration
To access certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and update your account information to keep it accurate
- Maintain the confidentiality of your account credentials
- Notify us promptly of any unauthorized access or security breach
- Accept responsibility for all activity that occurs under your account
We reserve the right to suspend or terminate accounts that violate these Terms, provide false information, or engage in fraudulent activity.
10. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the Service to violate any applicable law or regulation
- Resell, redistribute, or republish TickerEdge Labs reports, analytics, or content without prior written permission
- Scrape, crawl, or use automated tools to extract data from the Service beyond standard browser access
- Share your account credentials with others or permit others to access the Service through your account
- Reverse-engineer, decompile, or attempt to derive the source code of the Service
- Use the Service to develop a competing product or service
- Submit false or misleading information, including in support communications
- Interfere with the operation of the Service or attempt to circumvent security measures
- Misrepresent your identity or affiliation in any communication with TickerEdge Labs
Violations of this section may result in account suspension, termination, and/or legal action.
11. Intellectual Property
11.1 Our Intellectual Property
The Service, including all content, software, designs, logos, trademarks, methodology documentation, reports, and all derivative works thereof, is the intellectual property of TickerEdge Labs Series of Elevate Management Solutions LLC or its licensors, protected by copyright, trademark, and other intellectual-property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use during the period of your active subscription. This license does not include any right to:
- Resell, redistribute, sublicense, or republish content from the Service
- Use the Service to provide services to third parties
- Modify, adapt, or create derivative works based on the Service
All rights not expressly granted are reserved.
11.2 Your Content
You retain ownership of any information you provide to the Service (such as watchlist tickers, account settings, and support communications). By providing such information, you grant us a license to use it for the purpose of providing the Service to you, improving the Service generally, and complying with legal obligations.
11.3 Aggregated and Anonymized Data
We may use aggregated and anonymized data derived from Service usage to improve our products and methodology, including for internal research and product development. Aggregated data does not include personally identifiable information.
12. Privacy
Our Privacy Policy, available at tickeredgelabs.com/privacy, describes how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.
Brief summary of our privacy practices:
- We collect only the information needed to provide the Service (email, payment information via Stripe, watchlist tickers, account settings)
- We do not sell your personal information to third parties
- We do not share your information with advertisers
- We use industry-standard security practices to protect your data
- You can request deletion of your account and associated data by emailing support@tickeredgelabs.com
[Privacy Policy is a separate document — see tickeredgelabs.com/privacy for the full version, which is also pending attorney review.]
13. Third-Party Services
The Service uses third-party providers for various functions, including:
- Stripe: payment processing
- EODHD, Barchart, Financial Modeling Prep: market data
- Resend: email delivery
- Cloudflare: hosting and content delivery
- Telegram (Pro tier): optional report delivery
Your use of these third-party services may be governed by their respective terms and privacy policies. We are not responsible for the practices of third-party providers.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TickerEdge Labs, its members, managers, officers, employees, agents, affiliates, and licensors shall NOT be liable for:
(a) any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including but not limited to lost profits, lost revenue, lost data, or trading losses, arising from or related to your use of or inability to use the Service, even if TickerEdge Labs has been advised of the possibility of such damages;
(b) any decisions you make based on Service content, including but not limited to investment decisions, trading decisions, and the financial consequences thereof;
(c) any losses resulting from errors, omissions, delays, or interruptions in the Service or its underlying data;
(d) any losses resulting from actions or inactions of third-party data providers, payment processors, hosting providers, or other third parties involved in the operation of the Service;
(e) any losses resulting from market conditions, regulatory actions, or other factors outside our control.
In no event shall TickerEdge Labs' total cumulative liability to you for any claim arising out of or relating to the Service exceed the greater of (i) the total amount you have paid TickerEdge Labs in the twelve months preceding the claim, or (ii) $100.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so portions of this section may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
15. Indemnification
You agree to indemnify, defend, and hold harmless TickerEdge Labs, Elevate Management Solutions LLC, and their respective members, managers, officers, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your violation of any third-party right
- Investment or trading decisions you make, whether or not informed by the Service
16. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability
- Implied warranties of fitness for a particular purpose
- Implied warranties of non-infringement
- Implied warranties of accuracy, completeness, or reliability
- Implied warranties that the Service will be uninterrupted, error-free, or secure
We do not warrant that the Service will meet your requirements, that defects will be corrected, or that the Service will be free from viruses or other harmful components.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
17. Modifications to the Service and Terms
We may modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will use reasonable efforts to provide advance notice of material changes that affect active subscribers.
We may modify these Terms at any time. Material modifications will be communicated to active subscribers by email at least 30 days before they take effect. Continued use of the Service after modifications constitutes acceptance of the modified Terms. If you do not agree to modified Terms, your sole remedy is to cancel your subscription before the effective date.
18. Termination
We may suspend or terminate your access to the Service at our discretion, without notice, for any reason including but not limited to:
- Violation of these Terms
- Fraudulent activity or chargebacks
- Misuse of the Service
- Non-payment of subscription fees
- Cessation of the Service
You may terminate your subscription at any time through the account dashboard or by emailing support@tickeredgelabs.com. Upon termination by you, you will retain access through the end of the current billing period.
Upon termination, the following Sections survive: 3 (Not Investment Advice), 4-6 (Risk Disclosures and Data Accuracy), 7 (No Fiduciary Relationship), 10 (Acceptable Use), 11 (Intellectual Property), 14 (Limitation of Liability), 15 (Indemnification), 16 (Disclaimer of Warranties), 19 (Governing Law), 20 (Dispute Resolution), and any other provision that by its nature should survive termination.
19. Governing Law
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of law principles. The Service is operated from Texas; if you access the Service from outside Texas, you are responsible for compliance with applicable local laws.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
20. Dispute Resolution
20.1 Informal Resolution
Before initiating any formal proceeding, you agree to attempt to resolve any dispute informally by contacting us at support@tickeredgelabs.com. We will attempt to respond within 30 days.
20.2 Binding Arbitration
If informal resolution fails, any dispute arising from or related to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with the arbitration seat in Austin, Texas. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
20.3 Class Action Waiver
You agree to resolve disputes individually, and you waive any right to bring or participate in any class action, collective action, or representative action against TickerEdge Labs.
20.4 Exceptions
This arbitration agreement does not apply to:
- Claims for injunctive relief related to intellectual property or unauthorized access to the Service
- Small claims actions properly filed in a court of competent jurisdiction
21. Force Majeure
We shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, civil or military authority actions, fires, floods, accidents, strikes, telecommunications or power outages, internet disruptions, third-party data provider outages, regulatory actions, or shortages of transportation, facilities, fuel, energy, labor, or materials.
22. Severability
If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.
23. No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.
24. Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
25. Entire Agreement
These Terms, together with the Privacy Policy and any additional terms applicable to specific services or features, constitute the entire agreement between you and TickerEdge Labs regarding the Service and supersede all prior agreements, communications, and proposals, whether oral or written.
26. Contact Information
TickerEdge Labs A series of Elevate Management Solutions LLC [Mailing Address - Pending] Austin/Round Rock, Texas
Email: - General support: support@tickeredgelabs.com - Methodology/research questions: research@tickeredgelabs.com - Legal/compliance: legal@tickeredgelabs.com
Appendix A — Site Footer Disclaimer (short form)
For use in the website footer, email reports, and other surfaces where the full TOS is impractical:
TickerEdge Labs is a research and screening publication operated by TickerEdge Labs Series of Elevate Management Solutions LLC, a Texas Series Limited Liability Company. TickerEdge Labs is not a registered investment adviser, broker-dealer, or financial planner. Content is provided for informational and educational purposes only and does not constitute investment, legal, tax, or financial advice. Trading equities and options involves substantial risk of loss. Past performance does not predict future results. See our full Terms of Service at tickeredgelabs.com/terms.
Appendix B — Report Disclaimer Banner
For use at the top of every TickerEdge Labs report:
Research and screening only — not investment advice. TickerEdge Labs publishes statistical research on market data. We do not recommend specific trades, position sizes, entry prices, exit prices, profit targets, or stop losses. The information below is descriptive — it describes what the screening model observed, not what you should do. Past patterns do not predict future returns. Trading involves substantial risk of loss.
Notes for the attorney
A few specific items worth flagging during red-line:
State-by-state investment adviser registration. Section 3 disclaims investment-adviser status. Whether this disclaimer is sufficient under the laws of each state where we have subscribers is a question worth addressing — particularly for Texas (our state of formation) and any state with subscription-product-specific regulations on investment advice.
Options risk language. Section 4 includes options-specific risk language. We have not yet decided whether to require subscribers to affirmatively acknowledge options risks before accessing LEAPS Screen content (a separate click-through). Worth a recommendation.
Arbitration clause and class-action waiver. Section 20 includes both. These are generally enforceable in Texas but enforceability varies by jurisdiction. We may want carve-outs for specific small- claims thresholds.
Privacy Policy. Section 12 references a separate Privacy Policy that we will need to draft. CCPA/CPRA, GDPR (for any EU subscribers we accept), and Texas's own data privacy regime all need consideration.
Promotional discount code language. Section 8.6 describes the BOTH19 discount-code mechanic. Worth confirming this language is sufficient given the FTC's "negative option" rules for subscription products.
Series LLC structure. This Service operates under a sub-series of Elevate Management Solutions LLC. Worth confirming the series-level liability shield is properly maintained and disclosed.
SEC marketing rule. While we are not a registered investment adviser, the SEC and FINRA have increasingly applied marketing-rule- like scrutiny to financial-research publications. Worth a sanity check on the methodology page and sample reports — particularly any hypothetical performance language.