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Terms of Use

Terms of Use, Policies, and Disclaimers

These Terms of Use constitute a legally binding agreement between you and Palos Verdes Tech LLC (“Palos Verdes Tech,” “we,” “us,” or “our”), the company that owns and operates the StockStorm™ platform. By accessing or using the website located at www.StockStorm.ai, any subdomains, or any related mobile, desktop, VR, web-based applications, APIs, data feeds, software, or other services provided under the StockStorm™ name (collectively, the “Services”), you acknowledge that StockStorm™ is a product and registered trademark of Palos Verdes Tech LLC and that all Services are legally provided by Palos Verdes Tech LLC. By using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms of Use, our Privacy Policy, and any additional terms, guidelines, or rules incorporated by reference. If you do not agree to these Terms of Use, you must not access or use the Services.

You acknowledge that StockStorm is an informational and analytical platform and that nothing on the platform constitutes investment, trading, financial, or legal advice. You further acknowledge that StockStorm uses data from third-party providers, employs artificial intelligence and virtual reality technologies, and may display delayed, simulated, inferred, or otherwise processed data, all of which are subject to the disclaimers contained within these Terms of Use.

THESE TERMS OF USE ALSO CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY DAYS OF FIRST BECOMING SUBJECT TO THE ARBITRATION AGREEMENT, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND STOCKSTORM WILL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION AND NOT IN COURT, EXCEPT FOR THE LIMITED CIRCUMSTANCES DESCRIBED IN SECTION 26. BY USING STOCKSTORM, YOU CONSENT TO THESE DISPUTE RESOLUTION PROVISIONS AND TO THE USE OF ELECTRONIC COMMUNICATIONS, RECORDS, AND SIGNATURES IN YOUR INTERACTIONS WITH US.

Your continued use of StockStorm constitutes ongoing acceptance of these Terms of Use, including any updates or modifications we make in accordance with Section 1. If you do not agree to any revised version of the Terms, you must stop using the platform.

1. Changes to the terms of use

Except as described in Section 26.8, we may change these Terms of Use at any time. If you continue to use StockStorm after we post changes to these Terms of Use, you are signifying your acceptance of the new terms. You will always have access to our Terms of Use and will be able to check it at any time. By reloading this page, you will have the most up-to-date version available to StockStorm users.

We may update, revise, amend, supplement, or replace any portion of these Terms of Use, the Privacy Policy, our Data Usage Policy, or any other policy or guideline referenced in these Terms of Use, at our sole discretion and without prior notice, unless applicable law requires otherwise.
We are not obligated to provide individualized notice of changes, but we may post notices, banners, or alerts through the platform at our discretion.
For material changes, we may require you to re-accept the Terms of Use before continuing to access certain features or before resuming use of the platform, and your failure to do so may prevent access to some or all StockStorm services.

Any revised version of the Terms of Use supersedes all prior versions and applies to all current and future users of the StockStorm platform. If you do not agree to the updated Terms of Use, you must stop using StockStorm immediately.

2. Changes to StockStorm

We may discontinue or change any service or feature on StockStorm at any time without notice. We do not guarantee backward compatibility of our services in this case. You acknowledge and agree that StockStorm may modify, replace, suspend, restrict, or discontinue any part of the platform, including features, functionalities, data sources, analytics, visualizations, AI- or VR-powered tools, user interfaces, pricing structures, subscription tiers, usage limits, or access methods, at our sole discretion and without prior notice unless required by applicable law.

You further acknowledge that certain features may be experimental or may be offered in beta form and may be changed or removed at any time. StockStorm shall have no obligation to maintain, support, update, or continue any feature, functionality, or integration for any period of time.

You understand that changes may result in the loss, alteration, or resetting of data, preferences, saved items, alerts, watchlists, settings, chart layouts, VR renderings, analytics outputs, or other stored information, and StockStorm shall have no liability for any such loss.

You also agree that StockStorm may make changes required by data providers, regulatory obligations, licensing requirements, or market-data usage rules, and that such changes may affect the availability, timeliness, or completeness of data delivered to you.

Your continued use of StockStorm after any such changes constitutes your acceptance of the modified platform. StockStorm shall not be liable for any reliance by you or any third party on any discontinued, altered, or modified service or feature.

 

3. Ownership of information; license to use StockStorm; redistribution of data; non-display usage

Unless otherwise noted, all rights, titles, and interests in StockStorm, and all information made available through StockStorm or our services, in all languages, formats, and media throughout the world, including, but not limited to, all copyrights and trademarks therein, are the exclusive property of Palos Verdes Tech LLC, our affiliates or our Data Providers, as defined in section 6 (disclaimer regarding content) below.

The content and market data provided on the StockStorm platform, including but not limited to charts, news, alerts, webhooks, and any other forms of information, are licensed for exclusive display-only use. This license is strictly limited to personal or internal business purposes and explicitly prohibits any form of commercial or non-display usage. Such prohibited uses include, but are not limited to, any form of automated trading, automated order generation, price referencing, order verification, algorithmic decision-making, algorithmic trading, smart order routing, using data in operations control or risk management programs, screen-scraping, training AI algorithms, or any machine-driven processes that do not involve the direct, human-readable display of such data. Such prohibited cases also include creating products or services based on StockStorm content, any processing of StockStorm's content, or any other use cases that undermine the restrictions in place by the Data Providers.

Notwithstanding the foregoing, we expressly forbid direct non-display usage by our users, as well as the development, offering, or utilization of any third-party products, tools, or services designed to facilitate or enable such non-display usage of StockStorm's content and market data. For the avoidance of doubt, it is hereby explicitly prohibited for any third party to create, offer, or operate any product or service that:

  1. Utilizes, repurposes, or relies upon StockStorm's market data, including but not limited to charts, alerts, webhooks, and any forms of information provided by StockStorm, for any form of automated trading, algorithmic decision-making, or any other non-display purposes.
  2. Facilitates, enables, or encourages StockStorm users or any other parties to engage in activities that would constitute a breach of this policy, including but not limited to automated order generation, price referencing, order verification, smart order routing, or the use of StockStorm data in operations control, risk management programs, or any machine-driven processes excluding direct, human-readable display.
  3. Claims compatibility with, or advertises the use of, StockStorm's features (such as webhooks) for purposes that are explicitly prohibited by StockStorm's terms, thereby indirectly contributing to violations of StockStorm's usage restrictions.

This policy applies equally to all entities, irrespective of whether they are direct users of StockStorm's services or third-party service providers. The provision of features by StockStorm, such as webhooks, is intended solely for permissible uses within the scope of display and personal or internal business purposes, as originally defined. Any interpretation, adaptation, or exploitation of these features that contravenes the spirit or letter of this policy is strictly forbidden. Any attempt by a third-party provider to claim non-usage of StockStorm's services as a defense for facilitating prohibited uses of StockStorm's data is hereby declared null and void. The obligations and restrictions contained in this policy apply equally to StockStorm's direct users and to any third-party entities that provide services or products that interact with, or make use of, StockStorm's data, irrespective of their direct engagement with the StockStorm platform.

Except as otherwise expressly permitted, our agreements with Data Providers strictly forbid the sublicensing, assigning, transferring, selling, loaning, or any distribution of StockStorm content, including market data, for any form of compensation. In addition, you shall not, without the prior expressed written consent of StockStorm and the relevant Data Providers, make copies of any of the software or documentation that may be provided, electronically or otherwise, including, but not limited to, translating, decompiling, disassembling or creating derivative works.

Except as otherwise expressly permitted by separate agreement, we do not permit commercial usage of any of our services or APIs. We make no warranty and assume no obligation or liability for third party services or software. Please see section 21 (third-party software) below for further information.

StockStorm reserves the right to take any and all necessary actions, including legal measures, to ensure compliance with these terms, protect its intellectual property, and maintain the integrity of its services. This encompasses conducting audits or investigations into suspected violations, as well as initiating legal proceedings against any parties — whether users or third-party providers — found to be in breach of these terms. Consequences of such breaches include, but are not limited to, the blocking of the user or visitor, termination of their account, and potential legal penalties. StockStorm may terminate access to its services, seek injunctive relief, and demand damages to safeguard its contractual rights and the interests of its data providers and user community. These actions underscore StockStorm's commitment to enforcing its policy and preserving the platform's trusted environment.

4. Attribution

StockStorm grants all users of StockStorm.ai, and all other available versions of the site, the ability to use snapshots of StockStorm charts in analysis, press releases, books, articles, blog posts and other publications. In addition, StockStorm grants the use of all previously mentioned materials in education sessions, the display of StockStorm charts during video broadcasts, which includes overviews, news, analytics and otherwise use or promote StockStorm charts or any products from the StockStorm website on the condition that StockStorm attribution is clearly visible at all times when such charts and products are used.

Attribution must include a reference to StockStorm, including, but not limited to, the use cases described herein.

Use of StockStorm charts during video or other promotions where StockStorm attribution is not visible, must include a description of the product used therein. For instance: "Charting platform used for this analysis is provided by StockStorm," or simply "Charts by StockStorm." Font size should not be less than 10 PT = 13PX = 3.4MM.

The use of any StockStorm products outside the StockStorm website, without a proper attribution of StockStorm, is not allowed. Users who disobey this attribution rule herein may be banned permanently, and other legal actions may be taken to ensure compliance.

You further agree that any permissible use of StockStorm charts, screenshots, or visual materials must not be altered, distorted, modified, obscured, cropped, or manipulated in a manner that removes or reduces the visibility of StockStorm branding, nor in any way that misrepresents the source, accuracy, or meaning of the underlying data. Any use that alters the presentation or context of StockStorm charts in a misleading, defamatory, or deceptive manner is strictly prohibited.

No use of StockStorm charts or branding shall imply or suggest that StockStorm endorses, sponsors, approves, or is affiliated with any person, entity, product, service, financial instrument, investment strategy, trading platform, or publication unless StockStorm provides prior written consent. Any use that implies endorsement or partnership without authorization constitutes a violation of these Terms of Use and may also constitute trademark infringement.

StockStorm reserves the right, at any time and in its sole discretion, to revoke or modify permission to use screenshots, charts, or other StockStorm materials, to require the removal of any previously published content that improperly uses StockStorm materials, and to pursue all legal and equitable remedies available under applicable copyright, trademark, and unfair competition laws.

Your limited permission to use StockStorm charts is non-exclusive, non-transferable, revocable, and subject at all times to your full compliance with these Terms of Use. Any use beyond the scope described herein requires StockStorm’s prior written approval.

5. Third-party sites and advertisers

StockStorm may include links to third-party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You agree that StockStorm shall not be held liable for any trading activities or other activities that occur on any website you access through links on StockStorm. We provide these links as a convenience, and do not endorse the content or services offered by these other sites. Any dealings that you have with advertisers found on StockStorm are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

Unauthorized soliciting on StockStorm is strictly prohibited and may result in penalties, including, but not limited to, temporary or permanent bans of the account found in violation, and any appropriate and available legal action for monetary and other damages.

You acknowledge and agree that StockStorm is not responsible for the availability, accuracy, legality, security, privacy practices, data-collection practices, or content of any third-party website, application, integration, advertisement, or promotional listing to which StockStorm may link or display. You understand that third-party sites may use cookies, tracking tools, analytics technologies, or other methods to collect information about you, and that StockStorm has no control over such practices and assumes no responsibility for them.

You further acknowledge that StockStorm may host advertisements, sponsored content, affiliate links, promotional placements, or other marketing materials from third parties, and that the presence of such materials does not constitute an endorsement, recommendation, or guarantee by StockStorm. StockStorm does not verify, monitor, or validate the claims, representations, performance, suitability, legality, or accuracy of any third-party advertisements or content, and shall not be liable for any misrepresentation, fraud, deceptive practice, or omission by an advertiser, sponsor, affiliate, or third-party partner.

Any transaction, correspondence, promotion, or interaction between you and a third-party advertiser, including the delivery of goods or services, payment disputes, warranty claims, data use disputes, privacy violations, or contract issues, is solely between you and that third party. StockStorm has no responsibility or liability for such interactions and is under no obligation to assist in resolving any dispute or claim arising from them.

StockStorm reserves the right at all times to remove, block, disable, or modify any third-party link, advertisement, solicitation, or promotional content displayed on the platform, and may do so for any reason or for no reason, without prior notice. StockStorm may also suspend or terminate any account engaged in the unauthorized posting, sharing, or transmission of advertisements, solicitations, affiliate links, pyramid schemes, referral codes, financial promotions, investment solicitations, trading signals, or any other commercial content not expressly approved by StockStorm.

Your use of any third-party site or advertisement is entirely at your own risk, and StockStorm disclaims all liability arising out of or relating to your reliance on, or interaction with, any third-party content or advertiser.

 

6. Disclaimer of warranties

STOCKSTORM WEBSITE AND SERVICES AND ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE AND SERVICES ARE PROVIDED BY STOCKSTORM ON AN "AS IS" AND "AS AVAILABLE" BASIS. STOCKSTORM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THAT ANY OF THE INFORMATION AVAILABLE THROUGH OUR SERVICES OR ON STOCKSTORM IS ACCURATE, RELIABLE, CURRENT, COMPLETE OR APPROPRIATE FOR YOUR NEEDS. STOCKSTORM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME STOCKSTORM MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS TERMS OF USE. STOCKSTORM DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND STOCKSTORM DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

Various information available through our services or on StockStorm may be specially obtained by StockStorm from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers (including established financial exchanges such as the New York Stock Exchange, NASDAQ and Chicago Mercantile Exchange), who are believed to be sources of reliable information (collectively, the "Data Providers"). Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through our services and website are not and cannot be guaranteed by StockStorm. Similarly, we make no warranty and assume no obligation or liability for scripts, indicators, ideas, and other third-party content. Your use of any third-party scripts, indicators, ideas and other content is at your sole risk.

7. Disclaimer regarding investment decisions and trading

Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of "Day Trading" involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks.

StockStorm is a stock market information platform that provides data, visualizations, analytics, virtual reality displays, AI-generated interpretations, and other informational tools. All such content, including any securities displayed, highlighted, referenced, or algorithmically surfaced by StockStorm, is provided strictly for general informational, educational, and research purposes only. StockStorm does not provide — and nothing on the platform should be construed as — financial, investment, legal, accounting, tax, trading, or other professional advice or recommendations. StockStorm is not a broker-dealer, investment adviser, commodity trading adviser, futures commission merchant, or any other regulated financial services provider, and does not act as a fiduciary.

StockStorm may surface securities, commodities, or other financial instruments based on user-selected settings, portfolio inputs, objectives, filters, or AI-driven analytics. Such functionality does not constitute personalized investment advice, suitability analysis, or an individualized recommendation. Any suggestions, rankings, alerts, visual patterns, risk scores, VR environments, or algorithmic insights generated by StockStorm are not intended to be, and must not be treated as, a basis for trading or investment decisions. All users must conduct their own independent research, due diligence, and verification prior to making any financial or trading decisions.

You acknowledge that all market data, news, analytics, VR scenes, AI outputs, charts, and other informational materials may contain inaccuracies, delays, interruptions, omissions, or other defects, and may not be suitable for making investment decisions without independent verification. StockStorm makes no representation or warranty regarding the accuracy, timeliness, completeness, reliability, or future performance of any information or visualization provided. No content on StockStorm should ever be interpreted as a projection or guarantee of future performance. Past performance does not guarantee future results.

UNDER NO CIRCUMSTANCES SHALL STOCKSTOCK BE LIABLE FOR ANY LOSS OR DAMAGE YOU OR ANYONE ELSE INCURS AS A RESULT OF ANY TRADING OR INVESTMENT ACTIVITY THAT YOU OR ANYONE ELSE ENGAGES IN BASED ON ANY INFORMATION OR MATERIAL YOU RECEIVE THROUGH STOCKSTORM OR OUR SERVICES.

8. Registered users

Certain services, such as creating personalized watchlists, saving chart preferences, or accessing premium features, are available only to registered users of the StockStorm website and require you to sign in with a username and password to use them. If you register as a user (a "Subscriber") of any of the features of StockStorm, during the registration process you may be prompted to click "Register Now", "Submit" or a similar button; your clicking on such button will further confirm your agreement to be legally bound by these Terms of Use.

In consideration of your use of the StockStorm website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving StockStorm services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the StockStorm's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or StockStorm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, StockStorm has the right to suspend or terminate your account and refuse any and all current or future use of the StockStorm services (or any portion thereof).

You acknowledge and agree that your account is personal to you, may not be shared with any other person or entity, and may not be sold, transferred, assigned, sublicensed, or otherwise made available to others without StockStorm’s prior written consent. Any attempt to share login credentials, pool accounts, or provide access to unlicensed users constitutes a violation of these Terms of Use.

Users on free accounts are subject to usage limits (TBD) which sets the maximum volume of data accessible during a specified period.  StockStorm will impose a maximum monthly usage cap on basic-tier accounts. Once this monthly usage cap is reached, access to data and features that consume data allotments will automatically pause, and users must either wait until the next monthly reset or upgrade to a paid subscription tier to continue accessing data beyond the cap. Users may not create additional accounts, use automation, or artificially manipulate requests to bypass, evade, or dilute usage caps. Any such activity constitutes a violation of these Terms of Use.

Paid subscription accounts will not have fixed hard data caps; however, usage may be monitored to enforce the prohibition against machine-driven processes that do not involve direct, human-readable display of such data. You acknowledge that StockStorm may measure, analyze, and monitor the volume, frequency, pattern, or nature of your data requests to ensure compliance with usage limits, data-provider requirements, and these Terms of Use. StockStorm may take immediate action, including throttling, access limitation, suspension, or termination, if it determines that your usage patterns resemble non-display, automated, or prohibited activity.

You further agree that StockStorm may suspend or terminate your account without notice if your usage materially exceeds what is expected for normal human display use, if you appear to be circumventing usage limits, if your account is associated with suspicious or fraudulent activity, or if necessary to comply with StockStorm’s obligations to data providers, exchanges, licensors, or regulators.

You understand and agree that deleting your account or allowing your subscription to lapse may result in the loss of saved preferences, alerts, chart templates, VR configurations, AI-generated outputs, watchlists, or other stored data, and StockStorm shall have no obligation to maintain or restore any such data.

 

9. Non-professional subscriber status

As a vendor of official real-time market data from exchanges (e.g. Nasdaq) for end users, we are required to identify the status of any Subscriber. If you are ordering a subscription for market data on StockStorm as a 'Non-professional', you confirm the following:

  1. You use StockStorm and market data only for personal use, not for your business or any other entity.
  2. You are not registered or qualified with the Securities Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC).
  3. You are not registered or qualified with any securities agency, any securities exchange, association, or regulatory body in any country.
  4. You do not perform any functions that are similar to those that require an individual to register or qualify with the SEC, the CFTC, any other securities agency, any securities exchange, or association or regulatory body, or any commodities or futures contract market, or association or regulatory body.
  5. You are not engaged as an investment advisor (as that term is defined in Section 202 (a) (11) of the Investment Advisor's Act of 1940) or asset manager, and you are not engaged to provide investment advice to any individual or entity.
  6. You are not subscribing to the service in your capacity as a principal, officer, partner, employee, or agent of any business, or on behalf of any other individual.
  7. You use your own capital, not provided by any other individual or entity in the conduct of your trading.
  8. You do not conduct trading for the benefit of a corporation, partnership, or other entity.
  9. You have not entered into any agreement to share the profit of your trading activities or receive compensation for your trading activities.
  10. You are not receiving office space, equipment, or other benefits in exchange for your trading or work as a financial consultant to any person, firm, or business entity.

Should we, or our exchange partners, determine — based on the information provided and / or companies websites, email address and domain, LinkedIn, regulatory or company registries, payment method — that you actually meet the criteria for a 'Professional' status at any point during or after subscribing to StockStorm or to market data from exchanges, you will be liable for the difference between the 'Non-Professional' and 'Professional' subscription rates for both StockStorm subscription and relevant market data in addition to all fees, costs, and penalties (including statutory fines) imposed on StockStorm by any Data Provider or regulatory authority as a result of your misclassification. This applies retroactively from the date you initiated your subscription. Furthermore, we reserve the right to automatically invoice you for this difference and charge the associated amount to your on-file payment method.

10. AI and VR Processing Disclaimer

You acknowledge and agree that StockStorm utilizes various forms of artificial intelligence, machine learning technologies, automated data-processing systems, algorithmic models, and immersive three-dimensional or virtual-reality visualizations (collectively, “AI and VR Processing Technologies”) to generate, transform, simulate, or display certain information, analytics, and interactive market-related content. You further understand that AI and VR Processing Technologies inherently rely on probabilistic models, training data from third-party sources, computational assumptions, delayed or aggregated market data, and abstracted or simulated visual environments, all of which may introduce inaccuracies, incompleteness, latency, distortions, omissions, anomalies, or other forms of error in the output presented to you.

StockStorm does not represent or guarantee that any data, charts, heatmaps, virtual-reality renderings, AI-generated summaries, insights, predictions, or other forms of AI- or VR-enhanced content reflect real-time market conditions, actual asset values, complete dataset coverage, or accurate indicators of future performance. AI-generated or VR-generated outputs may differ from traditional numerical data, may simplify or exaggerate visual information for usability or interpretive purposes, and may not be suitable for decision-making requiring precision, timeliness, regulatory compliance, or professional investment analysis. You understand that interactive 3D environments, immersive simulations, volatility visualizations, sentiment projections, risk modeling features, and all other non-traditional display formats are presented solely for informational, educational, and entertainment purposes, and that they should not be relied upon for trading, investment, financial, legal, tax, accounting, or other professional purposes.

You acknowledge that AI- and VR-processed content may incorporate assumptions, model-generated probabilities, synthetic data, or inferred data points that may not reflect actual market activity or company-specific fundamentals, and you agree that StockStorm has no obligation to explain underlying model weights, decision pathways, training data sources, computational methodologies, or rendering logic. You further acknowledge that the use of AI and VR Processing Technologies does not create any fiduciary relationship, advisory relationship, suitability obligation, or personalized investment recommendation, and StockStorm expressly disclaims any duty to update, correct, revise, review, or verify any AI-generated, VR-generated, or otherwise automated output.

Because of the experimental and evolving nature of AI and VR Processing Technologies, including beta-stage features, new visualization formats, and developmental models that may be deployed for testing or iterative improvement, you agree that StockStorm may modify, suspend, limit, or remove any AI- or VR-based functionality at any time and without notice. You understand that AI models may behave unpredictably, may generate unexpected or undesired outputs, and may from time to time produce hallucinated, speculative, contradictory, low-confidence, or otherwise unreliable information. You also understand that your experience within VR environments may be affected by hardware limitations, software conflicts, connectivity issues, latency, rendering inconsistencies, or general VR-related risks such as disorientation, eye strain, motion sickness, or other physical or cognitive effects. You voluntarily assume all risks associated with the use of VR features.

You agree that StockStorm, its affiliates, licensors, employees, agents, data providers, and service partners shall not be liable for any damages, losses, errors, inaccuracies, misinterpretations, omissions, delays, interruptions, interruptions in data flow, incorrect rendering, trading losses, investment losses, or any other harm arising out of or relating to your use of, reliance on, or inability to use any AI- or VR-generated content or functionality. You further agree that any investment, trading, financial, or business decision made by you is undertaken solely at your own risk and based on your own independent evaluation of available data and professional advice, and not based on any AI- or VR-generated output from StockStorm.

Your use of StockStorm constitutes your acknowledgement that AI and VR Processing Technologies are inherently limited, experimental, and fallible, and that StockStorm makes no warranties, express or implied, regarding the accuracy, reliability, completeness, usefulness, non-infringement, or fitness for any particular purpose of any AI- or VR-related content or features.

11. Subscription and Billing

StockStorm offers both free ad-supported tiers and paid subscription tiers, and certain features, including real-time market data, advanced analytics, enhanced visualizations, and higher monthly usage limits, may only be available to users with active paid subscriptions. By enrolling in any paid plan or free trial on StockStorm, you acknowledge and agree that your subscription constitutes a recurring, automatically renewing service that will continue until you cancel, and you authorize StockStorm to charge your designated payment method on a recurring basis according to the billing period you select at checkout. Prior to completing your purchase, StockStorm provides clear and conspicuous disclosure of the subscription terms, including the recurring nature of the charges, the amount billed, the billing frequency, and the method for cancelling, and you agree that clicking “Subscribe,” “Start Trial,” “Continue,” or any similar confirmation button constitutes your affirmative consent to these terms.

If you enroll in a free trial, you acknowledge that the trial automatically converts into a paid subscription at the conclusion of the trial period unless you cancel before the trial expires. By starting a trial, you authorize StockStorm to charge your payment method at the applicable subscription rate immediately upon the end of the trial period. Unless expressly stated otherwise, all subscriptions are billed in advance monthly or annually, and charges are non-refundable except as required by applicable law or as expressly provided in these Terms of Use. StockStorm may, in its sole discretion, offer promotional pricing, discounted plans, introductory rates, or temporary credits; however, unless expressly stated, any such promotions apply only for the specified promotional period and thereafter convert automatically to the then-current standard rate.

You acknowledge that the basic (free) tier may be subject to monthly data usage caps, feature limitations, or access restrictions, and that exceeding those limits may require upgrading to a paid subscription tier. StockStorm reserves the right to monitor usage to ensure compliance with data-provider restrictions and to prevent automated, machine-driven, or non-display uses of data. If you consistently exceed allowable limits or violate usage rules, StockStorm may suspend or restrict access until you upgrade or adjust your usage. Paid subscription tiers do not remove usage oversight and may also be monitored to enforce compliance with data usage policies.

You are solely responsible for maintaining an accurate and valid payment method on file, and you authorize StockStorm to update your payment method using information provided by your issuing bank, card network, or payment processor. If automatic renewal charges fail for any reason, StockStorm may retry the charge using the same payment method, request an updated method, or, if not resolved, suspend or downgrade your access. For annual plans, a failed renewal may result in automatic conversion to a monthly plan at the then-current rate. You agree that your continued use of the service after such adjustments constitutes acceptance of the new billing structure.

To cancel your subscription, you must follow the cancellation process available in your StockStorm account settings. Sending an email, message, or support ticket is not a valid method of cancellation. Your cancellation will take effect at the end of your current billing period, and you will retain access to paid features until that date. Upon cancellation, StockStorm will send a confirmation email detailing the effective date of termination, and it is your responsibility to retain that confirmation for your records. StockStorm does not issue refunds or credits for partial billing periods, unused features, downgrades, or interruptions in service, except as required by law or as otherwise expressly permitted for annual plans during a specified refund window.

Subscription fees do not include applicable taxes, duties, or government assessments unless expressly stated. You are responsible for all taxes associated with your subscription, excluding taxes based on StockStorm’s net income. StockStorm may collect and remit taxes when required to do so under applicable law, including through the use of third-party compliance vendors or payment processors. By using the service, you authorize StockStorm to charge your payment method for any applicable taxes, retroactive assessments, or regulatory fees imposed on transactions associated with your use of StockStorm.

StockStorm reserves the right to change subscription pricing, introduce new tiers, or modify existing tiers at any time. For existing subscribers, StockStorm will provide notice of any material price increase or material change in subscription features, and such changes will take effect at the start of the next billing cycle unless you cancel before that date. Your continued use of the service after the effective date of any pricing or plan modification constitutes your acceptance of the updated terms.

12. Access and security

You accept responsibility for the confidentiality and use of any username and email address that use to register for your access to and use of our services. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. StockStorm cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to (a) immediately notify StockStorm of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. StockStorm cannot and will not be liable for any loss or damage arising from your failure to comply.  User accounts are non-transferable and non-sublicensable.

13. Payment and cancellation of service

  1. By ordering any subscription on www.StockStorm.ai (including a free trial period), you confirm that you have read and accepted our Terms of Use and you authorize StockStorm to automatically charge your bank card or other supported payment method according to the billing period manually selected by you. If you enroll in a free trial, you authorize StockStorm to automatically begin the paid subscription and charge the associated fees at the end of the trial period unless you cancel before the trial's expiration date.
  2. The service is billed in advance monthly or annually.
  3. All billing is recurring, which means you will continue to get billed until you cancel your subscription. You are solely responsible for properly cancelling your StockStorm subscription. An email request or support ticket asking for your subscription to be cancelled is not considered cancellation. You may cancel your subscription anytime by visiting the billing section of your Settings page.
  4. If you cancel the service before your current paid-up period ends, your subscription will remain active until the next due date. After the due date, if no payment is received, your subscription will be stopped. If auto-renewal fails for an annual plan, you will automatically be switched to a monthly plan.
  5. Refunds are available for annual payments only if requested within 14 calendar days after the payment was made. To request a refund, you need to contact our support team. There are no refunds for upgrades to a more expensive plan, monthly plans or market data, even if the subscription is cancelled on the same day as the payment has gone through. Please note that users who filed a chargeback/dispute request or a claim are not eligible for a refund.

14. Data Delays

You acknowledge and agree that certain market data, price quotes, depth-of-book information, corporate actions, news feeds, analytics, and other content made available through StockStorm may be delayed, incomplete, aggregated, simulated, or subject to latency based on the requirements, limitations, and delivery policies of our third-party data providers, exchanges, and content licensors. Unless expressly stated otherwise within the applicable interface or data stream, you should assume that all market data displayed on StockStorm, whether in numerical form, charted form, AI-generated insights, 3D visualizations, or VR environments, may be delayed by a period ranging from seconds to minutes and may not reflect the actual current market conditions for any security, index, commodity, cryptocurrency, or other financial instrument.

StockStorm does not guarantee the timeliness, sequence, accuracy, completeness, or uninterrupted availability of any data and does not warrant that real-time data, where offered, is free from latency, service interruptions, delivery failures, technical constraints, bandwidth issues, or disruptions caused by third-party exchange outages, data-provider limitations, or transmission errors beyond StockStorm’s control. You understand that charting outputs, visual renderings, heatmaps, volatility projections, and other data-driven features may depend on multi-step processing pipelines, which may introduce additional computational delays or cause visualizations to reflect information that has been partially updated or only intermittently refreshed.

You further understand that certain exchanges, including but not limited to Nasdaq, NYSE, CME, Cboe, and other global venues, require mandated minimum delay periods for non-professional users or non-display applications unless you have separately subscribed to authorized real-time data feeds through StockStorm. Where delayed data is required or implemented under these rules, you acknowledge that the delay forms part of the terms under which the data is licensed to you and cannot be bypassed, reduced, extracted, or otherwise circumvented through caching, automation, or technical workarounds.

Due to the inherent limitations of delayed and processed data, you agree that StockStorm is not responsible for any trading decisions, financial losses, missed opportunities, or economic damages that arise from your reliance on delayed, incomplete, or partially refreshed data. You agree that you will not rely on any StockStorm output, whether numerical, graphical, AI-generated, or VR-rendered, as a substitute for real-time, independently verified market data obtained through appropriate licensed channels for trading or investment purposes. StockStorm, its affiliates, its officers, its employees, and its data providers expressly disclaim all liability for any delay-related inaccuracies or omissions and shall not be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages arising from latency or data-timing issues.

Your use of StockStorm constitutes your acknowledgment that data delays are an inherent and unavoidable feature of market-data delivery systems and that no guarantee of real-time accuracy or continuous up-to-date information is made or implied. You further acknowledge that any reliance you place on delayed or processed data is at your sole and exclusive risk.

15. Acceptable Use Policy

Your use of StockStorm is conditioned upon your strict compliance with the following Acceptable Use Policy. You agree that you will use the StockStorm website, platform, data, visualizations, AI and VR features, software, APIs, alerts, charting tools, user interfaces, and all related services solely for lawful purposes and solely in the manner expressly permitted under these Terms of Use. You agree that you will not engage in any action that interferes with, disrupts, degrades, harms, circumvents, or otherwise adversely affects StockStorm, its systems, its data providers, its software, its infrastructure, or the experience of any user. You further agree that you will use StockStorm only for personal or internal business display purposes and not for any commercial, automated, algorithmic, non-display, high-frequency, or machine-driven activity. All automated uses of data, including the use of bots, spiders, scrapers, crawlers, data-harvesting tools, or any form of robotic or machine-based system, are expressly prohibited unless StockStorm provides prior written authorization.

You agree that you will not extract, copy, reproduce, redistribute, repurpose, store, cache, index, bulk-download, mine, compile, or otherwise make any derivative works from StockStorm data, including charts, heatmaps, prices, indicators, analytics, alerts, VR renderings, AI-generated summaries, or any other content made available through the platform. You further agree that you will not use StockStorm data for automated trading, algorithmic decision-making, order generation, price referencing, smart order routing, risk modeling, backtesting, statistical arbitrage, or any similar activity that does not involve direct human-readable display. Any attempt to obscure, bypass, disable, or defeat data usage limits, account limits, access controls, or market-data restrictions constitutes a violation of this Acceptable Use Policy.

You agree that you will not attempt to reverse engineer, decompile, translate, modify, penetrate, probe, scan, stress-test, or otherwise analyze StockStorm’s systems, software, APIs, security layers, or infrastructure. You agree that you will not access or attempt to access features, data, or systems that you have not been expressly authorized to use, and you will not attempt to gain unauthorized access to user accounts, administrative portals, or restricted services. You agree that you will not introduce malware, exploits, harmful code, denial-of-service activity, load testing, or any other conduct intended to interfere with StockStorm’s operation.

You agree that you will not impersonate any individual or entity, misrepresent your identity, falsify your professional or non-professional market-data status, misclassify yourself to avoid professional data fees, or otherwise provide false information to StockStorm or its data providers. You further agree that you will not use StockStorm to violate any applicable securities laws, trading rules, sanctions laws, export controls, financial regulations, data-licensing requirements, or exchange-imposed data restrictions.

You agree that you will not upload, submit, or transmit through StockStorm any content that is unlawful, infringing, abusive, defamatory, harassing, misleading, fraudulent, or otherwise harmful. You agree that you will not use StockStorm to advertise, solicit, promote, or market any products or services unless expressly authorized in writing by StockStorm. Unauthorized commercial use, unauthorized data integration, and unauthorized platform interoperability are strictly prohibited.

You acknowledge and agree that StockStorm may monitor usage patterns, data requests, account activity, and technical indicators to detect violations of this Acceptable Use Policy and to ensure compliance with its contractual obligations to data providers. StockStorm may suspend, limit, or terminate your account, restrict access to specific features or datasets, or take any other actions it deems necessary if it determines, in its sole discretion, that you have violated this Acceptable Use Policy or pose a risk to the platform, its data providers, or its users. StockStorm may also pursue all legal and equitable remedies available under applicable law, including actions for injunctive relief or damages.

Your use of StockStorm constitutes your agreement that violations of this Acceptable Use Policy may result in immediate termination of your account, loss of access to StockStorm’s services, forfeiture of subscription fees, legal action, and any additional remedies required to protect StockStorm’s contractual rights and the integrity of its services.

16. Feedback to StockStorm

By submitting ideas, content, suggestions, documents, and/or proposals ("Contributions") to StockStorm through our contact or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) StockStorm is not under any obligation of confidentiality, expressed or implied, with respect to the Contributions; (c) StockStorm shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) StockStorm may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of StockStorm, without any obligation of StockStorm to you; and (f) you are not entitled to any compensation or reimbursement of any kind from StockStorm under any circumstances.

17. Indemnification

You agree to indemnify, defend, and hold harmless Palos Verdes Tech LLC doing business as StockStorm, together with its parents, subsidiaries, affiliates, officers, directors, employees, contractors, licensors, suppliers, data providers, service partners, and agents, from and against any and all claims, demands, complaints, actions, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses of every kind and nature, including reasonable attorneys’ fees and legal expenses, arising out of or relating to your use or misuse of StockStorm, your violation of these Terms of Use, your breach of any representation or warranty contained herein, your violation of any applicable law or regulation, your infringement or alleged infringement of any intellectual property right or proprietary right of any third party, your misclassification or misrepresentation of your professional or non-professional data status, your submission or transmission of any content or data through StockStorm, and any activity conducted through your account whether or not authorized by you.

You further agree to indemnify and hold harmless StockStorm and its data providers from any claim, penalty, investigation, enforcement action, or contractual liability resulting from your unauthorized redistribution of data, your non-display or automated use of data, your circumvention of usage limitations, your use of StockStorm data in trading, automated decision-making, risk management, or algorithmic activity, and any breach of restrictions imposed by StockStorm’s agreements with exchanges or third-party data licensors. You acknowledge that StockStorm is contractually obligated to its data providers to enforce strict usage rules and that any violation by you may expose StockStorm to significant liability, for which you accept full responsibility.

StockStorm will provide you with notice of any third-party claim that is subject to indemnification as soon as reasonably practicable. However, StockStorm’s failure to provide prompt notice will not relieve you of your obligations except to the limited extent that such failure materially prejudices your ability to defend the claim. StockStorm retains the exclusive right to select counsel to defend any matter subject to indemnification, and you agree that StockStorm may assume full control of the defense and settlement of any claim at its discretion. You may participate in the defense at your own expense; however, you may not settle any claim, admit liability, or otherwise compromise any matter without StockStorm’s prior written consent. StockStorm reserves the right to require your cooperation in any indemnified matter to the fullest extent permitted by law.

Your indemnification obligations will survive the termination of your account, the cancellation of your subscription, and the termination or expiration of these Terms of Use. You acknowledge that this indemnification section is a material part of the consideration exchanged between you and StockStorm and that StockStorm would not provide access to its services, platforms, data, or technologies absent these protections.

18. Termination

Upon your request, your account can be deleted from StockStorm. You may delete your account at any time by visiting your Settings page. If you requested that your account be deleted, we will delete the personal data associated with your account. However, certain personal data will be retained if it has been integrated into data that is integral to our systems and site, including data in communications you have sent via our site. This data is necessarily retained for the integrity of the data on the site and our legitimate business purposes, including auditing, security, and other legitimate interests (please refer to our Privacy Policy for more information).

You agree that StockStorm may, without prior notice, immediately terminate, limit your access to or suspend your StockStorm account, any associated email address, and access to the StockStorm services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the StockStorm services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, (g) and/or consistently exceeding reasonable data usage levels. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in StockStorm's sole discretion and that StockStorm shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the StockStorm services.

19. Emails

By creating an account with StockStorm, you agree that StockStorm can use your email address to send you marketing materials, service-related notices, important information messages, special offers, etc. You can unsubscribe from this by clicking on the link provided in the emails.

20. DMCA Safe Harbor

StockStorm respects the intellectual property rights of others and expects all users of the StockStorm platform to do the same. In accordance with the Digital Millennium Copyright Act of 1998, StockStorm will respond to properly submitted notices of alleged copyright infringement and will take appropriate actions, which may include removing or disabling access to allegedly infringing material, terminating repeat infringers, and complying with applicable DMCA procedures. You acknowledge that StockStorm qualifies as a service provider under the DMCA and is therefore entitled to the protections of the DMCA safe harbor provisions for all user-generated, user-transmitted, or user-stored content that appears on or flows through the StockStorm platform.

If you believe that any content accessible through StockStorm infringes your copyright, you may submit a DMCA notice by providing written notification to StockStorm’s designated DMCA Agent containing all information required by 17 U.S.C. § 512. Your notification must include your contact information, a description of the copyrighted work you claim has been infringed, a description of the material you believe is infringing and where it is located on the platform, a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law, and a statement made under penalty of perjury that the information you are providing is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You must also include a physical or electronic signature. Notices that fail to comply with statutory requirements may be deemed invalid.

Upon receipt of a valid DMCA notice, StockStorm will act expeditiously to remove or disable access to the allegedly infringing material. StockStorm will notify the user who provided or uploaded the material so that the user may submit a counter-notification if they believe the material was removed in error. A counter-notification must comply with 17 U.S.C. § 512, must identify the removed material, must include a statement under penalty of perjury that the user believes the material was mistakenly removed, must include consent to the jurisdiction of the federal courts in the user’s district, and must contain a physical or electronic signature. If a valid counter-notification is received, StockStorm may restore the removed material unless the copyright owner initiates legal action seeking a court order to prohibit such restoration.

StockStorm will, in appropriate circumstances and in its sole discretion, terminate user accounts that are determined to be repeat infringers. StockStorm may also remove or restrict access to any content that it believes, in good faith, may infringe intellectual property rights, regardless of whether a formal DMCA notice is filed. StockStorm has no obligation to monitor user-generated content but reserves the right to do so to ensure compliance with the law and these Terms of Use.

All DMCA notices and counter-notices must be sent to StockStorm’s Designated DMCA Agent at the following address:
DMCA Agent
Palos Verdes Tech LLC
8605 Santa Monica Blvd PMB 990626
West Hollywood, California 90069-4109
Email: support@StockStorm.ai

Your use of StockStorm constitutes your acknowledgment that StockStorm is not liable for any content posted by users, that StockStorm acts as a passive service provider for purposes of the DMCA, and that StockStorm’s removal of content pursuant to a DMCA notice does not create or imply any obligation to monitor or prescreen content.

21. Third-party software

Our software, website and/or services may include software components supplied by third parties which are utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties ("Third-party software"). StockStorm expressly disclaims any warranty or other assurance to you regarding third-party software. Please note that your use of the third-party software will be governed by the terms and conditions of use and privacy policies of the third-party software providers, and not by these Terms of Use or our Privacy Policy.

TradingView Lightweight ChartsTM (copyright © 2025, https://www.tradingview.com/) are a product of TradingView, Inc. and are open-source licensed under Apache License, Version 2.0.

25. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF STOCKSTORM, INCLUDING ALL DATA, VISUALIZATIONS, AI-GENERATED CONTENT, VR ENVIRONMENTS, ANALYTICS, ALERTS, SOFTWARE, AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY STOCKSTORM, IS AT YOUR SOLE RISK. STOCKSTORM AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, DATA PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE STOCKSTORM PLATFORM OR ANY PART OF IT, REGARDLESS OF THE THEORY OF LIABILITY. THIS INCLUDES LIABILITY ARISING FROM NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF STOCKSTORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, STOCKSTORM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, SERVICE INTERRUPTION, DATA ERRORS, LATENCY, CORRUPTION OF DATA, DELAYS IN DATA FEEDS, INACCURATE MARKET INFORMATION, OR THE COST OF OBTAINING SUBSTITUTE GOODS OR SUBSTITUTE SERVICES. STOCKSTORM SHALL HAVE NO LIABILITY FOR ANY HARM ARISING OUT OF STATEMENTS, CONDUCT, ERRORS, OMISSIONS, OR ACTIONS OF ANY THIRD PARTY, INCLUDING DATA PROVIDERS, MARKET-DATA LICENSORS, ADVERTISERS, OR OTHER USERS OF THE PLATFORM. YOU FURTHER ACKNOWLEDGE THAT STOCKSTORM IS NOT RESPONSIBLE FOR THE PERFORMANCE, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY DATA OR CONTENT PROVIDED BY THIRD PARTIES AND THAT STOCKSTORM HAS NO OBLIGATION TO INDEPENDENTLY VERIFY ANY SUCH CONTENT.

YOU ACKNOWLEDGE THAT STOCKSTORM DOES NOT GUARANTEE UNINTERRUPTED ACCESS TO THE PLATFORM OR THAT THE PLATFORM WILL BE FREE FROM ERRORS, DELAYS, INTERRUPTIONS, CYBERATTACKS, UNAUTHORIZED ACCESS, SYSTEM FAILURES, DATA CORRUPTION, INCOMPATIBILITIES, OUTAGES, OR OTHER FLAWS. STOCKSTORM SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM SERVICE MODIFICATIONS, SERVICE DISCONTINUATIONS, SUSPENSIONS, PRICING CHANGES, FEATURE REDUCTIONS, TECHNICAL LIMITATIONS, OR THE REMOVAL OR DISABLING OF ANY FUNCTIONALITY, INCLUDING AI- OR VR-RELATED FEATURES, REAL-TIME OR DELAYED DATA, ALERTS, OR INTEGRATIONS. YOU UNDERSTAND THAT AI-GENERATED CONTENT, DATA VISUALIZATIONS, SIMULATIONS, PREDICTIONS, VR RENDERINGS, AND ANALYTICS MAY CONTAIN INACCURACIES OR MAY BE BASED ON INCOMPLETE, DELAYED, OR INFERRED INFORMATION AND THAT STOCKSTORM SHALL NOT BE LIABLE FOR ANY RELIANCE PLACED ON SUCH OUTPUTS.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, STOCKSTORM’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OF THE PLATFORM, OR YOUR INTERACTIONS WITH ANY STOCKSTORM SERVICE, SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO STOCKSTORM DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU ARE USING STOCKSTORM UNDER A FREE PLAN OR TRIAL, STOCKSTORM’S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS IN THE AGGREGATE.

THE LIMITATIONS CONTAINED IN THIS SECTION APPLY TO ALL CAUSES OF ACTION COLLECTIVELY AND INDIVIDUALLY AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF ANY SUCH LIMITATIONS ARE DEEMED UNENFORCEABLE IN A PARTICULAR JURISDICTION, THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THAT JURISDICTION.

YOUR USE OF STOCKSTORM CONSTITUTES YOUR ACKNOWLEDGMENT THAT THESE LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND STOCKSTORM AND THAT THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

26. Arbitration Agreement

  1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and StockStorm agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the StockStorm website located at www.StockStorm.ai (and all associated sites linked to it) and/or of the StockStorm services, any communications you receive, and/or the Terms of Use and prior versions of the Terms of Use (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (1) you and StockStorm may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or StockStorm may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arise from or involve facts occurring before the existence of this or any prior versions of the Terms of Use, unless those disputes were noticed prior to this Terms of Use, as well as claims that may arise after the termination of these Terms of Use.
  2. Waiver of Jury Trial. YOU AND STOCKSTORM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and StockStorm are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled "Applicability of Arbitration Agreement" above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  3. Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under subsection 26.5 below entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, "Waiver of Class and Other Non-Individualized Relief", are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and StockStorm agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or StockStorm from participating in a class-wide or mass settlement of claims.
  4. Rules and Forum. The Terms of Use evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. Section 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. The arbitration will be administered by the National Arbitration & Mediation ("NAM") in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Comprehensive Rules") in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules"; together with the NAM Comprehensive Rules, the "NAM Rules"), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Demand"). The Demand must include: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; and (4) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to StockStorm should be sent by email to support@StockStorm.ai or regular mail to Palos Verdes Tech LLC 8605 Santa Monica Blvd PMB 990626, West Hollywood, California 90069-4109 USA
  5. StockStorm will provide the Demand to your email address on file. Unless you and StockStorm otherwise agree, or the Batch Arbitration process discussed in subsection 26.5 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the "Fee Schedules"), unless otherwise stated in this Agreement to Arbitrate. The arbitration will be conducted in the English language by a single arbitrator. The arbitrator will be either a retired judge or an attorney and will be selected by the parties from the NAM's roster of consumer dispute arbitrators, provided that if the Batch Arbitration process is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment. If we are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules.
  6. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled "Waiver of Class and Other Non-Individualized Relief," including any claim that all or part of the subsection entitled "Waiver of Class and Other Non-Individualized Relief" is unenforceable, illegal, void or voidable, or that such subsection entitled "Waiver of Class and Other Non-Individualized Relief" has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
  7. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and StockStorm agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against StockStorm by or with the assistance of the same law firm, group of law firms, or organizations ("Claimant's Counsel"), within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled ("Batch Arbitration"). NAM shall administer all batches concurrently, to the extent possible. All parties agree that Demands are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the "Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by StockStorm. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
  8. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: support@StockStorm.ai, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your StockStorm account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or StockStorm's rights. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
  9. Invalidity, Expiration. Except as provided in the subsection entitled "Waiver of Class or Other Non-Individualized Relief," if any part or parts of this Arbitration Agreement (other than subsection 26.5) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if subsection 26.5 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in California. You further agree that any Dispute that you have with StockStorm as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
  10. Modification. You and we agree that StockStorm retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at https://www.stockstorm.ai/terms and you should check for updates regularly. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if StockStorm makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the StockStorm website and/or services following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms of Use with an arbitration agreement and you did not validly opt of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. StockStorm will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms of Use.
  11. Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in California (except for small claims court actions which may be brought in the county where you reside).
  12. Governing Law. Dispute Resolution (Rest of the world). These Terms of Use and your use of the StockStorm website located at www.StockStorm.ai (and all associated sites linked to it) or StockStorm services are governed by the laws of California, excluding its conflicts-of-law rules. If you are resident in a member state of the EEA or a country in which this Arbitration Agreement is prohibited by local law, this section does not apply to you, and the Terms of Use, your use of the StockStorm services and any Dispute between us will be exclusively governed by U.S. state or foreign law, e.g. English law, and exclusively decided in the courts of England and Wales, except to the extent prohibited by law. If you are an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If StockStorm needs to enforce its rights against you as an individual consumer in the EEA, we will do so only in your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.