Legal Notice, Disclaimer & Terms of Use

This is the same notice presented for acceptance inside the software. It is published here so it can be read in full before installing, and so a client can consult it without opening the app.

JOStocks (the “Software”) — last updated August 5, 2026. Please read this notice in full before using the Software.

1. Acceptance of these terms

By downloading, installing, accessing or using the Software, you acknowledge that you have read, understood and agree to be bound by this Legal Notice, Disclaimer and Terms of Use (collectively, these “Terms”). If you do not agree with any part of these Terms, you must not install or use the Software.

Where the Software presents these Terms and requires you to scroll through them and select “I understand”, that selection is a further, affirmative acceptance of the version of the Terms then displayed; the accepted version and the date of acceptance are recorded locally on your device.

In these Terms, the “Providers” means, collectively, the developer, owner, publisher, contributors, licensors and distributors of the Software, together with their respective directors, officers, employees, agents and successors in title. References to “you” or “your” are to the individual or entity using the Software.

2. Safety of use — what the Software does and does not do

The Software is built so that running it cannot, in and of itself, place your money, your brokerage accounts or your personal information at risk. As a matter of its architecture, and not merely of policy:

• It cannot place, modify or cancel a trade. The Software contains no order-entry capability whatsoever. It cannot buy, sell or transact on your behalf under any circumstance, including by mistake or malfunction.
• It never connects to your brokerage account. It never logs in to a brokerage account, never holds brokerage account credentials, and has no visibility of your positions, balances or order history. If you choose to enter market-data API credentials of your own (an app key and secret you obtain yourself from a data provider), they are stored locally, are used only to sign requests for market data, and grant no access to any account — see the network bullet below and §10.
• It never takes custody of funds. It does not process payments and has no access of any kind to your money, securities or other assets.
• It requires no account and collects no personal information. No name, email address, telephone number, identity document or payment detail is requested by the Software or transmitted to the Providers. Use of the Software does require an activation code, which the Providers issue to you when your license begins. That code is an arbitrary sequence of characters: it is not derived from you or your device, it contains no personal information, and on its own it identifies nobody. It is stored on your device. The Software checks it locally against a published list, and does not transmit it in the course of doing so. It is sent to the Providers in one case only: if you switch on alert notifications, it is sent once each time your device registers for them, over an encrypted connection, solely to confirm that your license is current. The Providers do not keep it — it is converted immediately into the same one-way derived value that already appears in the published list, and only that value is retained. See the alert-notifications bullet below.
• It contains no advertising, analytics, telemetry or third-party tracking. The Software does not profile you and does not report your activity, watchlists or usage to the Providers or to anyone else.
• Your settings and history stay on your device — or in your own iCloud. Watchlists, configuration, alert state, price targets, accuracy history and the request identifier described below are held in ordinary local files on the device you are using. On Apple devices, your watchlists and alert settings additionally synchronize between your own devices through your personal iCloud account, using Apple’s key-value storage under the Apple ID already signed in on the device. That synchronized data goes to your iCloud account and nowhere else: the Providers do not receive it and cannot read it. (The Providers do publish one static file, described in the network section below; it carries information only outward, and nothing you do is sent to it.) Market-data API credentials are excluded from synchronization and never leave the device they were entered on. Nothing is uploaded to the Providers unless you switch on alert notifications, which uploads only what is listed in the next bullet.
• Alert notifications, if you switch them on, send the Providers the symbols you want to be alerted about. This is the one feature that transmits anything about your use of the Software, and it is off unless you enable it. Enabling it registers your device with a notification service the Providers operate, and sends: your activation code (as described above — used to check your license, and not retained); the notification token Apple issues for your device; the symbols and timeframes you have selected for alerts, together with the fact that alerts are on; whether you wish to receive economic-release reminders; whether you have paused notifications and, if so, the moment that pause ends; and the version of the Software you are running, the platform it is running on (iPhone, iPad or Mac), and which of Apple’s two notification environments your device token belongs to — a technical detail Apple requires, without which a notification addressed to your device cannot be delivered at all. That is the complete list. It does not send your other watchlists, your configuration, your accuracy history, your price targets, or anything about your trading, your positions or your accounts — the Software has no access to those in the first place, as set out above. The registration is held on a machine the Providers operate, is not shared with anyone, and is used for nothing but deciding which notifications to send you. Switching alerts off withdraws it: the Providers then delete what was registered and hold nothing further about you. It is also deleted if your license ends. Notifications themselves are delivered through Apple’s Push Notification service, as all such notifications on Apple devices must be; Apple therefore handles each notification and its contents — a symbol, an UP/DOWN/HOLD reading, a timeframe and a price — in the ordinary manner of that service. If you prefer none of this, leave alerts switched off: every other part of the Software works exactly as described elsewhere in this section, and alerts can still be calculated on your own device when notifications are not registered.
• Scheduled economic-release reminders are also sent from the Providers’ notification service. Where you have switched alerts on, the Providers send a reminder ahead of major scheduled United States economic releases — for example an interest-rate decision, an inflation reading or the monthly employment report. These are drawn from a public economic calendar and are identical for every user: they are not derived from your watchlist or anything else about you, and beyond the registration described above — which records whether you wish to receive them — the Providers need and receive nothing additional in order to send them. Each reminder carries the name of the release, the time it is due and, where the calendar publishes them, the figure analysts expect and the most recent prior reading, together with a simple green or red marker indicating how the expected figure compares with that prior reading. Shortly after such a release, a follow-up notification carries the figure actually published, presented and marked in the same way. All of these are delivered through Apple’s Push Notification service on the same terms as the alerts described above. They can be switched off on their own, without affecting your other alerts, using the Software’s economic-releases setting; switching alerts off entirely also stops them, together with everything else in this section. You may also pause every kind of notification until a date you choose — the Providers are told when the pause ends, send nothing to you in the meantime, and resume automatically afterwards without any further step on your part.
• Price-target and earnings reminders are decided entirely on your device and send nothing to anyone. Where you set a price target, or where the Software reminds you that a company on your watchlist is due to report, that decision is made on the device from information already there. Neither travels to the Providers’ notification service, neither is included in the registration described above, and both continue to work exactly as set whether or not your other alerts are being delivered from the Providers. They are shown to you by your device’s own notification system, so nothing about them reaches Apple’s push service either.
• Its network access is limited to reading market data, your own iCloud, a license-status file, and — only if you switch alerts on — the Providers’ notification service. The Software’s only outbound connections are to publicly accessible market-data endpoints for the purpose of retrieving prices and related public information; on Apple devices, to Apple’s iCloud service solely to carry the synchronization described above; where you have switched on alert notifications, to the Providers’ notification service and to Apple’s Push Notification service, both as described in the alert-notifications bullet above; and to a small file published by the Providers recording which activation codes are currently licensed. That file does not contain the codes themselves: each entry is a value derived from a code by a one-way calculation, from which the code cannot be recovered, so the file identifies nobody and its contents grant access to nothing. That last request is a download only: the Software sends no activation code, no identifier, no watchlist and no usage information with it, and the file it retrieves is identical for everyone who requests it. As with any request to any website, the service hosting that file necessarily observes that a request was made and the network address it came from; it learns nothing else. Where you optionally supply your own market-data API credentials, they are stored locally on your device and are sent only to the provider that issued them, solely to authenticate your market-data requests.

For completeness: because quotes must be requested from a third-party data provider, that provider necessarily learns which instruments have been requested, in the ordinary manner of any application that retrieves market prices. The Providers themselves receive no such information, except — where you have switched on alert notifications — the symbols and timeframes you selected for alerts, which you have asked them to watch on your behalf and which are described in the alert-notifications bullet above. Those requests also carry a random identifier that the Software generates on your device the first time it runs and stores in an ordinary local file, because the public endpoint expects one in its request headers; it is not derived from you, your device or any account, it contains no personal information, and the Providers never receive it either. Selecting the contact address in this notice simply hands that address to your device’s default mail application; the Software transmits nothing in doing so.

This section concerns the operation of the Software. It is not a statement about trading outcomes: that the Software is safe to install and run is a separate question from the financial risk of trading itself, which is addressed at §7 and remains yours alone.

3. License, ownership and permitted use

Ownership. The Software — including its source code, indicator logic, interface, text and all intellectual-property rights in it — is and remains the property of the Providers and their licensors. These Terms transfer no ownership to you. Certain third-party components are included under their own licenses — for example, the nlohmann/json library under the MIT License, and the Inter and JetBrains Mono typefaces under the SIL Open Font License, Version 1.1, whose complete terms are included with the Software and are also published at openfontlicense.org. Nothing in these Terms limits your rights under those licenses.

License granted. Subject to your compliance with these Terms, you are granted a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the Software for your own analysis.

Restrictions. You may not, and may not permit any other person to: (a) sell, rent, lease, sublicense or otherwise commercially exploit the Software; (b) share, disclose or publish your activation code, or permit any person other than you to activate or use the Software with it — the code is issued to you alone and stands in for your license; (c) remove, obscure or alter this notice, any disclaimer, or any version identifier the Software displays; (d) hold out the Software’s output as your own analysis, as licensed or professional investment advice, or as the output of a registered adviser; (e) use the Software or its output to operate a signal-selling, advisory, managed-account or similar service for other persons; (f) use the Software in any way that breaches the terms of any market-data provider, exchange, broker or application platform; or (g) use the Software for any unlawful purpose. Any breach of this section automatically terminates the license granted above. In particular, where your activation code has been shared, it may be marked as no longer current: every device activated with it — including your own — then stops working as described under “Confirming that your license is current” below, and no part of any fee paid is refundable in that event.

Confirming that your license is current. Your license runs for the term agreed with the Providers, and the Software confirms for itself that it is still current rather than relying on the platform it was installed from. It periodically downloads the published list described in §2 and compares your activation code against it on your own device. Nothing about you is sent in order to do this: the request is a download, your activation code is not transmitted as part of it, and the file retrieved is the same one served to everybody. (The one circumstance in which the code is sent anywhere is registering for alert notifications, if you switch them on — §2 sets out exactly what that sends and what becomes of it.) For as long as your license is current, this happens quietly in the background and you will not notice it.

Because a copy already installed on your device can stop working as a result, the circumstances in which that happens are limited, and they are set out here in full.

• Your license ends only on defined grounds. Your activation code is marked in that list as no longer current only where the agreed term of your license has run its course, where agreed fees remain unpaid after the Providers have asked you for them, or where you are in breach of the Restrictions above. No other circumstance results in your access being withdrawn — not the Providers’ preference, not convenience, and not as a means of pressing a point in a disagreement with you.
• You will hear from the Providers first. Where the reason is one you can put right — an outstanding invoice, or a breach capable of correction — you will be told at the contact address you last gave them and given a reasonable opportunity to resolve it before anything changes. Where that is not possible, you will be told which ground applies as soon as reasonably practicable.
• Renewal is a matter for agreement. Neither you nor the Providers are obliged to agree a further term. If a license is not renewed, the Software simply stops working at the end of the period you have paid for.
• Fees. None of the grounds above involves the Providers cutting short a term you have paid for: each is either that term reaching its natural end, or a consequence of non-payment or breach. No question of refunding an unused period therefore arises. This does not affect any refund you may be entitled to on other grounds, or under any consumer-protection law that applies to you.
• What happens in practice. Where a license does end, the Software stops operating the next time it retrieves the list, usually within minutes, on every device you have activated. Nothing needs to be reinstalled or updated for that to take effect.
• If the Software cannot reach the list. It continues to work for fourteen days after the last time it retrieved a current copy of the list, and tells you plainly during that period if it has been unable to do so — so a temporary loss of connectivity is visible to you well before it has any effect. After fourteen days it pauses until a current copy can be retrieved again. A new installation needs to retrieve one before it will run.

The Providers publish that list from ordinary static hosting and maintain more than one independent copy of it, but do not guarantee its continuous availability; §17 governs its ongoing provision, and the disclaimers and limitations at §9, §11 and §12 apply to any interruption of it. Nothing in this paragraph limits any right you have under §3 or under any consumer-protection law applicable to you, or removes any remedy otherwise available to you.

4. Nature of the Software — no investment advice

The Software does not provide financial, investment, trading, tax, accounting or legal advice, and nothing it produces constitutes a recommendation, solicitation, offer or inducement to buy, sell or hold any security, futures contract, derivative or other financial instrument. All output of the Software — including but not limited to UP / DOWN / HOLD labels, numerical scores, indicator votes, plain-English reasoning, charts, price levels, alerts and any accuracy statistics — is provided for informational and educational purposes only and is general in nature. It does not take into account your investment objectives, financial situation, risk tolerance, experience or particular needs, and it is not tailored to any individual. The words “UP”, “DOWN” and “HOLD” describe the direction of a mechanical indicator calculation over the period shown — they state what the calculation reads, not what you should do. They are not, and must not be construed as, instructions, recommendations or advice to enter into any transaction, and nothing in the Software tells you to buy or sell anything.

5. No registration; no advisory or fiduciary relationship

Neither the Software nor any of the Providers is registered or licensed as an investment adviser, broker-dealer, futures commission merchant, commodity trading advisor, commodity pool operator, research analyst or in any other regulated capacity with the U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the U.S. Commodity Futures Trading Commission (CFTC), the National Futures Association (NFA), the Brazilian Comissão de Valores Mobiliários (CVM), or any other securities, commodities or financial regulator in any jurisdiction. No content, feature or communication of the Software creates an advisory, brokerage, agency, partnership or fiduciary relationship between you and any of the Providers, and none of the Providers owes you any duty of care, suitability, best execution or loyalty.

6. Decision-making tool only — you are the sole decision-maker

The Software is a decision-support tool intended to assist your own analysis. It does not access, connect to, log into or transact through any brokerage account, and it neither places nor is capable of placing an order. Every trading and investment decision is made solely by you, in your sole and absolute discretion, and at your own risk. You are solely responsible for independently evaluating, verifying and second-guessing every output of the Software — including by consulting primary market data, your broker and a licensed financial, tax or legal professional — before acting. You agree that you will not treat any output of the Software as a substitute for your own independent judgment, due diligence and professional advice, and you acknowledge that proceeding without such independent verification is a choice made knowingly and voluntarily by you.

7. Risk disclosure

Trading and investing in securities, exchange-traded funds, futures, options and other financial instruments involves a substantial risk of loss and is not suitable for every investor. You may lose some or all of your invested capital. Leveraged, inverse and derivative instruments — including leveraged or inverse exchange-traded products and futures contracts, which the Software is capable of analyzing — carry amplified risk, may behave in ways that diverge substantially from their underlying reference asset, particularly when held for longer periods, and, in the case of margined or futures positions, may result in losses exceeding your initial deposit. You should not trade with capital you cannot afford to lose in full. You represent that you are financially able to bear these risks.

8. Past, hypothetical and simulated performance

Past performance is not indicative of, and is no guarantee of, future results. No representation is made that any account will or is likely to achieve profits or losses similar to any result, statistic or accuracy figure displayed by the Software. Any backtest, replay, selectivity curve, per-indicator statistic, hit rate or accuracy scorecard presented by the Software is derived from historical data and mechanical recalculation, is inherently limited, and must be understood in light of the following:

HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE SUCH TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY, SLIPPAGE, COMMISSIONS, FEES, TAXES, FINANCING COSTS OR THE ABILITY TO WITHSTAND LOSSES. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.

You further acknowledge that the Software’s own published measurements indicate, at best, only a modest edge over chance; that on sub-hourly timeframes accuracy is measured at or below a coin-flip, which the Software marks as such in its interface; and that all such measurements are computed over a limited sample and may not be statistically significant. These figures are disclosed to you as measurements, not as promises, projections or expectations of performance.

9. No warranty — provided “as is”

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The Software is actively maintained and developed, and the Providers address defects as part of that continuing work (see §17, Ongoing provision, maintenance and updates); the disclaimer in this section reflects the inherent limits of all software and market data, not any intention to discontinue support. Nonetheless, and as is standard for software of this kind, the Providers cannot and do not warrant that the Software will be uninterrupted, timely, secure or error-free, that every defect will be corrected within any particular period, or that any output will be accurate, complete, current or reliable.

10. Third-party data — accuracy, delays and availability

The Software displays and analyzes market data obtained from third-party sources, including publicly accessible endpoints operated by Yahoo Finance and Webull, and — for the scheduled economic-release and corporate-earnings calendars described at §2 — Nasdaq. The Providers do not originate, control, audit, endorse or guarantee such data. Market data may be delayed, incomplete, interrupted, out of sequence, revised, mis-adjusted for corporate actions, or materially inaccurate, and may become unavailable without notice. Third-party sources may change, restrict, rate-limit or discontinue access at any time, which may cause the Software to display stale values, omit instruments, or cease to function in whole or in part. You must verify all data against your broker or another authoritative source before relying on it for any purpose. You are responsible for ensuring that your use of the Software, and of any market data it retrieves, complies with the terms of service of the relevant data provider, exchange or broker, including any restriction on the redistribution or commercial use of that data.

11. Technical limitations; alerts and notifications

The Software is subject to the ordinary limitations of computer software and networks, including latency, defects, unhandled conditions, data-provider outages, operating-system restrictions and device or network failure. Alerts and notifications are provided on a best-effort basis only: their delivery and timing are controlled by your operating system and network and may be delayed by minutes or longer, may be coalesced, may be suppressed by system settings or power-saving modes, or may not be delivered at all. The Software must not be used as, or relied upon as, a time-critical alerting mechanism, and you must not rely on any alert to open, close, hedge or manage a position.

Where you have switched on alert notifications, signal and economic-release notifications are decided and dispatched by the Providers’ notification service and delivered through Apple’s Push Notification service, as described at §2. Their delivery therefore additionally depends on the availability of both of those services and on the network between them and your device, none of which is warranted; an interruption of either may delay a notification or prevent it entirely. The Software is designed so that such an interruption degrades to notifications calculated on your own device rather than to silence, but that fallback is itself subject to the operating-system limitations described above and is likewise not warranted. Price-target and earnings reminders are decided on your device throughout and do not depend on either service.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY TRADING OR INVESTMENT LOSSES, LOST PROFITS, LOST OPPORTUNITY, LOST OR CORRUPTED DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE, ITS OUTPUT, ITS UNAVAILABILITY, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, the Providers shall have no liability whatsoever for any funds lost, gains forgone, or positions entered, held or exited in reliance on the Software, including where you elected not to independently verify or second-guess its output before trading. To the maximum extent permitted by applicable law, the Providers’ total aggregate liability arising out of or relating to the Software shall not exceed the greater of (a) the total amount you actually paid for the Software in the twelve (12) months preceding the event giving rise to the claim, or (b) USD 50.00.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above exclusions and limitations may not apply to you, and nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence.

13. Indemnification

You agree to indemnify, defend and hold harmless the Providers from and against any and all claims, demands, actions, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to your use of the Software, your trading or investment decisions, your breach of these Terms, or your violation of any applicable law, regulation or third-party right. This indemnity does not apply to any claim to the extent it arises from the Providers’ own fraud, willful misconduct or gross negligence, or to any liability that cannot lawfully be shifted to you.

14. No affiliation; third-party names and marks

The Providers are not affiliated with, endorsed by, sponsored by, or in any way officially connected to any exchange, market operator, data provider, brokerage or index provider, including without limitation the New York Stock Exchange, Intercontinental Exchange, Nasdaq, B3 S.A. – Brasil, Bolsa, Balcão, Yahoo, Webull, or any of their respective subsidiaries or affiliates. All product names, logos, trade names and trademarks are the property of their respective owners and are used solely for identification and descriptive purposes; such use does not imply any affiliation, sponsorship or endorsement.

For the avoidance of doubt, no exchange, market operator, data provider or brokerage has reviewed, approved, endorsed or been consulted about the Software, and no element of its name, branding or presentation should be read as indicating origin, affiliation, sponsorship or endorsement. Nasdaq is a trademark of Nasdaq, Inc.; B3 is a trademark of B3 S.A. – Brasil, Bolsa, Balcão; Yahoo and Yahoo Finance are trademarks of Yahoo Inc.; and Webull is a trademark of Webull Corporation and/or its affiliates. Each is used here solely to identify the exchange, market, instrument or data source being referred to.

15. Eligibility and compliance with local law

You represent that you are of legal age to form a binding contract in your jurisdiction and that your use of the Software is lawful where you reside and where you access it. You are solely responsible for complying with all laws, regulations and exchange or broker rules applicable to you, including those governing market data, automated analysis, trading activity and taxation. The Software is not directed at, and must not be used by, any person in any jurisdiction where such use would be contrary to law or regulation.

16. Changes to the Software and to these Terms

The Software is under continuous development. The Providers may add, modify, replace or withdraw individual features, and may amend these Terms, at any time; such changes are made in the ordinary course of maintaining and improving the Software, and the Providers’ commitment to its continued provision is set out in §17 below. Amended Terms take effect when published within the Software, and your continued use after publication constitutes acceptance of them. You are responsible for reviewing these Terms periodically.

17. Ongoing provision, maintenance and updates

The Software is an actively developed, long-term product — not a short-lived or experimental release. The Providers are committed to its continued provision and to issuing corrections, improvements and updates on an ongoing basis until further notice, and presently intend to continue doing so for the foreseeable future. Where the Providers become aware of a material defect, it is their standing practice to investigate it and to publish a corrected build. Each build carries a version identifier shown in the Software, and successive builds are issued to you through the private distribution channel by which you received it, so that this pattern of continuous maintenance is evident to you directly.

This section is a genuine statement of the Providers’ present intention and standing commitment, given so that you may adopt the Software as a durable tool rather than a transient one. For the avoidance of doubt, and consistent with §9 and §16, it is not a warranty, guarantee or contractual undertaking that the Software, any particular feature, any data source, or any given update cadence will remain available in perpetuity, and it confers no right of action. Continued provision may be affected by circumstances outside the Providers’ reasonable control, including the withdrawal, restriction or repricing of third-party market-data sources, changes in applicable law, regulation or platform policy, loss of distribution channels, or events of force majeure. Should the Providers ever determine that continued provision is no longer viable, they will use reasonable efforts to give advance notice through the Software or its usual distribution channel.

18. Dispute resolution; individual claims only

Informal resolution first. Before commencing any proceeding, you agree to notify the Providers in writing at the contact address given at the end of this notice — which is the address for all notices under these Terms, and at which notice sent by email is effective written notice — and to attempt in good faith to resolve the matter informally for at least sixty (60) days. Most concerns are resolved this way, and taking this step is a condition precedent to bringing a claim.

Binding individual arbitration. If a dispute is not resolved informally, you and the Providers agree that it shall be determined by final and binding arbitration on an individual basis, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this section, and conducted in English. If the AAA is unwilling or unable to administer the arbitration, you and the Providers shall agree on a substitute administrator applying comparable consumer rules; failing agreement, either party may apply to a court identified in §19 to appoint one. The seat (legal place) of the arbitration is Broward County, Florida: the seat fixes the arbitral law governing the proceeding, the courts with supervisory jurisdiction over it, and the place where the award is treated as made. The seat is a legal designation only and does not determine where any hearing is physically held, which is addressed below. Judgment on the award may be entered by any court of competent jurisdiction.

Costs of arbitration. You will pay no more than the consumer filing fee set by the AAA fee schedule then in effect, and the Providers will pay all remaining AAA administrative fees and all arbitrator compensation. Where the AAA rules or applicable law allocate a greater share of those costs to the Providers, that allocation controls. Each party otherwise bears its own legal fees, except where a statute or the arbitrator’s award provides otherwise. Cost is not intended to be a barrier to bringing a claim.

Where hearings are held. Whatever the seat, and unless you request otherwise, the arbitration shall be conducted on the documents alone, by telephone or by videoconference, so that you need not travel. If you request an in-person hearing, it shall be held in the county or federal judicial district in which you reside, or at any other location you and the Providers agree on.

Carve-outs. Either party may nonetheless (a) bring an individual claim in a small-claims court of competent jurisdiction, and (b) apply to a court for injunctive or other equitable relief to protect intellectual property or to restrain misuse of the Software.

CLASS-ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS MAY BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

Your right to opt out. You may reject this section by sending written notice to the contact address below within thirty (30) days of your first acceptance of any version of these Terms, stating your name and that you opt out of arbitration. Opting out affects no other part of these Terms, and the Providers will not restrict your access to the Software because you have done so. If any part of this section is held unenforceable, the remainder of these Terms continues to apply and any dispute not subject to arbitration shall be brought exclusively in the courts identified in §19.

19. Governing law and venue (State of Florida)

Governing law. These Terms, and any dispute, claim or controversy arising out of or relating to these Terms or to the Software — whether sounding in contract, tort, statute or otherwise — are governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict-of-laws rules and without application of the United Nations Convention on Contracts for the International Sale of Goods.

Venue and jurisdiction. For any matter properly before a court — including any application to appoint an arbitrator, to compel or support an arbitration, or to confirm, modify or vacate an award under §18, and any dispute not subject to arbitration — the exclusive venue shall be the state courts of the State of Florida sitting in Broward County, Florida, or the United States District Court for the Southern District of Florida (Fort Lauderdale Division), and each party irrevocably consents to the personal jurisdiction of those courts and waives any objection to venue or any claim that such a forum is inconvenient (forum non conveniens). This paragraph does not restrict your right under §18 to bring an individual claim in a small-claims court near you.

Preservation of non-waivable rights. Nothing in these Terms operates to limit, exclude or waive any right or remedy that cannot lawfully be limited, excluded or waived, including any right you may have under the Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. § 501.201 et seq.) or under any mandatory consumer-protection law of your place of residence. Where any provision of these Terms would otherwise be unenforceable under such a law, it applies only to the maximum extent permitted.

Time limit for claims. Except where it cannot lawfully be imposed, any claim arising out of or relating to the Software or these Terms must be commenced within one (1) year after the cause of action accrues; thereafter it is permanently barred. Where such a limit cannot lawfully be imposed, the applicable statutory period governs instead and the remainder of these Terms is unaffected.

JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE.

20. General provisions

Severability; waiver; assignment; entire agreement. If any provision of these Terms is held invalid, illegal or unenforceable, that provision shall be construed, limited or, if necessary, severed to the minimum extent required so that the remainder of these Terms continues in full force and effect. No failure or delay in enforcing any provision constitutes a waiver of it, and no waiver is effective unless in writing. You may not assign or transfer these Terms without the Providers’ prior written consent; the Providers may assign them in connection with a merger, acquisition or transfer of the Software. These Terms constitute the entire agreement between you and the Providers with respect to the Software and supersede all prior or contemporaneous understandings relating to its subject matter — except that, for copies obtained through the App Store or TestFlight, Apple’s standard Licensed Application End User License Agreement also applies to the license grant as described in §21.

Non-reliance. You acknowledge that in accepting these Terms you have not relied on any statement, representation, assurance or warranty other than those expressly set out in these Terms — whether appearing in the Software’s documentation, source repository, distribution or beta-testing channel, marketing or presentation materials, screenshots, statistics or any other material. Nothing in this paragraph limits liability for fraud or fraudulent misrepresentation.

Survival. Those provisions of these Terms which by their nature should survive — including the license restrictions, the disclaimers, the limitations of liability, the indemnity, and the dispute-resolution and governing-law provisions — survive any termination of these Terms and any cessation of your use of the Software.

No third-party beneficiaries. These Terms are for the benefit of you and the Providers only and confer no rights on any other person, save that (a) each of the Providers may enforce them, and (b) Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms as set out in §21 and may enforce them against you as such.

21. Apple platforms — additional terms

When this section applies. This section applies only where you obtained the Software for an Apple platform (iPhone, iPad or Mac) through the App Store or TestFlight. Where it applies, its terms prevail over the rest of these Terms to the extent of any conflict. If you obtained the Software for any other platform, this section does not apply to you and does not limit the license granted at §3.

Relationship to Apple’s standard license agreement. Where you obtain the Software through the App Store or TestFlight, your license to run it is governed by Apple’s standard Licensed Application End User License Agreement, which applies by default because the Providers file no custom end-user license agreement with Apple in place of it. (§3 states the Providers’ own license terms; it is not filed as such a custom agreement.) This notice is not offered as a substitute for that agreement. It is the Providers’ own terms of use, disclaimer and risk disclosure — presented to you in the Software and accepted by you there — and it supplements Apple’s standard agreement. To the extent the two cannot both be given effect in respect of the license grant itself, Apple’s standard agreement prevails; everything else in these Terms, including §9, §12, §13, §18 and §19, continues to apply between you and the Providers.

These Terms are with the Providers, not Apple. These Terms are concluded between you and the Providers only, and not with Apple Inc. (“Apple”). The Providers, not Apple, are solely responsible for the Software and its content.

Scope of license. For copies obtained as described above, the license granted to you at §3 is a non-transferable license to use the Software on any Apple-branded product that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the Software may be accessed by other accounts associated with you via Family Sharing or volume purchasing where Apple makes that available.

Maintenance and support. As between the Providers and Apple, the Providers — not Apple — are solely responsible for providing any maintenance and support services for the Software, and Apple has no obligation whatsoever to furnish any such services. This allocation of responsibility as against Apple does not create, enlarge or convert into a contractual undertaking to you anything stated in §17, which continues to apply on its own terms and confers no right of action.

Warranty. The Providers are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed at §9. If the Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for it; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software. As between the Providers and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the Providers’ sole responsibility.

Product claims. As between the Providers and Apple, the Providers — not Apple — are responsible for addressing any claim by you or any third party relating to the Software or your possession or use of it, including (a) product liability claims, (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy or similar legislation. Allocating responsibility for addressing a claim as against Apple neither creates liability to you that these Terms do not otherwise impose nor displaces the limitations at §12.

Intellectual property claims. In the event of any third-party claim that the Software or your possession and use of it infringes that third party’s intellectual property rights, then as between the Providers and Apple, the Providers — not Apple — will be solely responsible for the investigation, defense, settlement and discharge of that claim.

Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-party terms. You must comply with any applicable third-party terms of agreement when using the Software, including the terms of the market-data providers referred to at §10.

Apple as third-party beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.

Contact. Questions, complaints and claims regarding the Software are to be directed to the contact address at the end of this notice, on the terms set out at §18 — which applies to all copies of the Software however obtained, and under which notice sent by email is effective written notice.

Questions regarding this notice may be directed to support@jostocks.com.