Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and SAM Pro Services, LLC ("SAM Pro Services," "we," "us," "our"). They govern your access to and use of OptiMoDo, a product of SAM Pro Services, LLC, including our marketing website at www.optimodo.com, our application at app.optimodo.com, and related products and services (together, the "service"). By creating an account or using the service, you agree to these Terms. If you do not agree, do not use the service.

1. Eligibility. You must be at least 18 years old, reside in the United States, and have the legal capacity to enter into these Terms. You must use your own brokerage account and provide accurate registration information.

2. What OptiMoDo is. OptiMoDo is a self-directed software automation tool that offers a library of ready-made options strategies you select and configure, provides educational information and signals for the strategies you choose, and helps you act on them across plans that range from delivering signals to executing trades you approve to automating trades you opt into. OptiMoDo is not a broker-dealer, registered investment adviser, or financial advisor, and provides no investment, financial, tax, or legal advice. Your use is also subject to our Risk disclaimer and Privacy Policy, which are incorporated into these Terms.

3. Your account. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security or legal risk.

4. Subscriptions, billing, and cancellation. Paid plans are billed on a recurring basis (monthly or annually) through our payment processor until cancelled. By subscribing, you authorize us to charge your payment method on each renewal at the then-current price, plus any applicable taxes. Any free trial converts to a paid subscription unless you cancel before it ends. You may cancel at any time; cancellation stops future renewals and takes effect at the end of the current billing period. Except where required by law, payments are non-refundable and we do not provide partial-period credits. We may change prices or plan features on prospective notice. Beta pricing and promotional discounts are temporary and subject to their stated terms.

5. Brokerage connection and trade authorization. To use certain features, you may connect a third-party brokerage account. You authorize OptiMoDo to access that account and, on plans where you enable it, to submit orders you have approved or that you have configured to run automatically. You are solely responsible for every trade placed in your account, including approved and automated trades, and for the capital you allocate. You can pause or stop strategies and revoke the brokerage connection at any time. OptiMoDo does not custody your funds or securities.

6. Acceptable use. You agree not to misuse the service, including by: using it for any unlawful purpose; attempting to gain unauthorized access; interfering with or disrupting the service; reverse engineering, copying, or creating derivative works except as permitted by law; reselling or redistributing the service; or using it in a way that infringes the rights of others.

7. Intellectual property. OptiMoDo and its content, software, and trademarks are owned by us or our licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the service for your personal use in accordance with these Terms. You retain ownership of the data you provide and grant us the rights needed to operate the service for you.

8. Third-party services. The service relies on third parties such as brokerages, market-data providers, payment processors, and message-delivery providers. We are not responsible for the acts, omissions, availability, or accuracy of those third parties, and your use of them may be subject to their own terms.

9. Disclaimers. The service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or free of defects, or that any signal, calculation, or automated action will be accurate, timely, or profitable. Trading options involves substantial risk, as described in our Risk disclaimer.

10. Limitation of liability. To the fullest extent permitted by law, SAM Pro Services and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any trading losses, lost profits, or lost opportunities, arising out of or relating to your use of the service. Our total liability for any claim relating to the service will not exceed the amount you paid us in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

11. Indemnification. You agree to indemnify and hold SAM Pro Services harmless from claims, losses, and expenses (including reasonable legal fees) arising out of your use of the service, your trading activity, or your violation of these Terms or applicable law.

12. Termination. You may stop using the service and cancel your subscription at any time. We may suspend or terminate your access if you violate these Terms or as needed to protect the service or comply with law. Provisions that by their nature should survive termination will survive.

13. Changes to the service and these Terms. We may modify or discontinue features, and we may update these Terms from time to time. If we make material changes, we will provide notice as appropriate. Your continued use after changes take effect constitutes acceptance of the updated Terms.

14. Governing law and disputes. These Terms are governed by the laws of the State of [governing state], without regard to its conflict-of-laws rules. [CONFIRM: dispute-resolution mechanism — courts vs. binding arbitration, venue, and any class-action waiver — to be set with counsel.]

15. General. These Terms, together with the Risk disclaimer and Privacy Policy, are the entire agreement between you and SAM Pro Services regarding the service. If any provision is unenforceable, the rest remain in effect. We may assign these Terms; you may not without our consent. Our failure to enforce a provision is not a waiver.

Contact. Questions about these Terms? Contact us at support@optimodo.com.