These Terms of Service ("Terms") govern your access to and use of ATH Scanner (the "Service"), operated by [OPERATOR_NAME] ("we", "us", "our"), based in [OPERATOR_COUNTRY]. By creating an account or otherwise using the Service, you agree to be bound by these Terms.
If you do not agree, do not use the Service.
1. The Service
ATH Scanner is a subscription-based information tool that provides automated technical signals derived from publicly available historical price data, including identification of stocks at or near all-time highs, calculated buy targets, calculated stop-loss levels, trend-return projections, and related metrics.
The Service is information only and does not constitute investment advice. See the Financial Disclaimer at [LINK_TO_DISCLAIMER] for full details.
2. Eligibility
To use the Service, you must:
- Be at least 18 years old (or the legal age of majority in your jurisdiction).
- Have the legal capacity to enter into binding contracts.
- Not be barred from trading securities under the laws of your jurisdiction.
- Not be located in a jurisdiction where use of the Service would be unlawful.
You are solely responsible for ensuring that your use of the Service complies with all applicable laws in your jurisdiction.
3. Accounts
To access most features, you must create an account using a valid email address. You agree to:
- Provide accurate and current information.
- Keep your login credentials confidential.
- Be responsible for all activity under your account.
- Notify us promptly of any unauthorized use.
We may suspend or terminate accounts that violate these Terms, with or without notice.
4. Subscription and Payment
The Service offers a free tier and one or more paid subscription tiers ("Pro"). Pricing is displayed on the Service and may change with reasonable notice.
- Subscriptions are billed in advance, on a recurring basis (e.g., monthly), via our payment processor (Stripe).
- Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.
- You can cancel at any time from your account settings.
- No refunds are provided for partial billing periods, except where required by applicable law (e.g., the 14-day right of withdrawal under EU consumer law, when applicable).
- All prices are in [USD or EUR — pick one]. Applicable taxes (VAT, sales tax) will be added at checkout where required by law.
We reserve the right to change subscription prices for future billing cycles. Existing subscribers will receive at least 30 days' notice before any price increase takes effect.
5. Right of Withdrawal (EU/EEA consumers)
If you are a consumer based in the European Union or European Economic Area, you have the right to withdraw from your initial subscription within 14 days of purchase without giving any reason, except that by purchasing access to digital content delivered immediately, you expressly agree that we begin performance immediately and you acknowledge that you thereby lose your right of withdrawal once performance has begun.
To exercise this right where it still applies, contact us at [OPERATOR_EMAIL].
6. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose.
- Reverse-engineer, decompile, or attempt to extract source code or proprietary algorithms.
- Scrape, crawl, or systematically extract data from the Service.
- Resell, redistribute, or sublicense access to the Service.
- Share your account credentials with others.
- Use automated tools (bots, scripts) to access the Service without our written permission.
- Interfere with the operation of the Service or attempt to gain unauthorized access.
- Use the Service to harass, defame, or harm others.
Violation may result in immediate suspension or termination without refund.
7. Intellectual Property
All content on the Service — including but not limited to algorithms, signals, charts, code, design, logos, text, and the ATH Scanner name — is owned by [OPERATOR_NAME] or its licensors and is protected by intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial purposes, subject to these Terms.
You may not republish, redistribute, or commercially exploit any content from the Service without our prior written consent.
8. Third-Party Data
The Service relies on third-party data sources (market data providers, exchanges, data vendors). We do not own or control this data and are not responsible for its accuracy, completeness, or availability. Third-party data is subject to the terms of the original provider.
9. Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, accuracy, and non-infringement.
We do not warrant that:
- The Service will be uninterrupted or error-free.
- Data will be accurate, complete, or timely.
- Defects will be corrected.
- The Service will meet your requirements.
The financial disclaimers at [LINK_TO_DISCLAIMER] are incorporated by reference into these Terms.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall [OPERATOR_NAME], its affiliates, or its personnel be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost profits, investment losses, or loss of data, even if advised of the possibility.
Our aggregate liability for any direct damages shall not exceed the amounts you paid us for the Service in the 12 months preceding the event giving rise to the claim, or USD 100, whichever is greater.
Some jurisdictions do not permit the limitation or exclusion of liability for certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes liability for fraud, willful misconduct, or any liability that cannot be excluded by law.
11. Indemnification
You agree to indemnify and hold harmless [OPERATOR_NAME] and its personnel from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party right.
12. Termination
Either party may terminate the contract at any time:
- You may cancel your subscription from your account settings at any time.
- We may suspend or terminate your access at any time for violation of these Terms or for any legitimate reason, with reasonable notice except where immediate action is necessary.
Upon termination, your right to use the Service ends. Provisions that by their nature should survive (intellectual property, disclaimers, limitation of liability, indemnification, governing law) survive termination.
13. Changes to the Service or Terms
We may modify the Service or these Terms at any time. Material changes will be communicated by email or via a prominent notice on the Service at least 30 days before they take effect, except where shorter notice is required by law or necessary for security or compliance reasons.
Your continued use of the Service after the effective date of changes constitutes your acceptance.
14. Governing Law and Disputes
These Terms are governed by the laws of [OPERATOR_COUNTRY], without regard to conflict-of-law principles.
For consumers in the EU/EEA, this choice of law does not deprive you of the protection of the mandatory consumer-protection laws of your country of residence.
Any disputes shall be submitted to the competent courts of [OPERATOR_COUNTRY], subject to any non-waivable rights of consumers under applicable law. EU consumers may also use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr
15. Miscellaneous
- Entire agreement: these Terms (together with the Disclaimer and Privacy Policy) constitute the entire agreement between you and us regarding the Service.
- Severability: if any provision is held invalid, the remaining provisions remain in effect.
- No waiver: our failure to enforce any provision is not a waiver.
- Assignment: you may not assign your rights under these Terms; we may assign ours in connection with a merger, acquisition, or sale of assets.
16. Contact
[OPERATOR_NAME]
[OPERATOR_ADDRESS]
[OPERATOR_EMAIL]