Terms of Service

These Terms of Service (the “Terms”) are a legally binding agreement between you and AlphaSmith, Inc. [TBD: counsel input] (“AlphaSmith,” “we,” “us,” or “our”) governing your access to and use of the websites, applications, APIs, and related services we provide under the domain alphasmith.ai (collectively, the “Services”). Effective date: April 17, 2026.

By creating an account, accessing the Services, or clicking a button indicating acceptance, you agree to these Terms. If you do not agree, do not use the Services.

Clickwrap acceptance. When you create an account, you affirmatively accept these Terms of Service, the Privacy Policy, and the Investment Disclaimer via an unchecked checkbox at registration that you must check before your account is created. We log each acceptance with a timestamp and the version hash of each document for evidentiary purposes. If we materially change any of these documents in the future, you will be prompted to re-accept them at your next sign-in; your continued use after that prompt constitutes acceptance of the updated documents.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract under the laws of your jurisdiction to use the Services. If you are using the Services on behalf of an entity, you represent that you are authorized to bind that entity and that it agrees to these Terms. The Services are not directed to children under 13, and we do not knowingly collect personal information from them.

2. Your account

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately at support@alphasmith.ai of any suspected unauthorized use. We recommend enabling two-factor authentication. You agree to provide accurate, current, and complete information when registering and to keep it updated.

3. Subscription tiers and billing

The Services are offered under tiered plans (Free, Pro, Premium, and API) described on our pricing page. Paid subscriptions are governed by our Subscription & Billing Terms and our Refund Policy, each of which is incorporated into these Terms by reference.

4. Acceptable use

Your use of the Services is also subject to our Acceptable Use Policy. You agree not to reverse engineer, scrape, or resell the Services; not to interfere with other users; and not to use the Services for any unlawful purpose. We may suspend or terminate accounts that violate these rules.

5. Intellectual property

The Services, including the software, models, algorithms, content, and brand elements, are owned by AlphaSmith and its licensors and are protected by intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

You retain ownership of any data or content you submit (“Customer Data”). You grant us a worldwide, royalty-free license to host, process, and display Customer Data solely as needed to operate the Services and to provide aggregated, de-identified analytics to improve them.

6. Third-party services

The Services integrate with third parties, including Stripe for payments, Anthropic for AI-generated summaries, SendGrid for email, and market-data vendors. Your use of those third-party services is subject to their respective terms. We are not responsible for third-party acts, omissions, availability, or content.

7. No investment advice

AlphaSmith is not a registered investment adviser, broker-dealer, or financial planner. The Services provide analytical tools, data, and AI-generated projections for informational purposes only and do not constitute investment advice, a recommendation, or an offer to buy or sell any security. You are solely responsible for your investment decisions. See our Risk Disclosure for important limitations.

7a. Disclosure of positions

AlphaSmith and its principals may hold positions in securities discussed on this platform. Any such positions are taken for the principals’ own accounts and are not communicated, recommended, or tailored to any individual user. No employee, officer, or affiliate of AlphaSmith provides personalized investment advice or manages user funds, and the existence of a principal’s position in a given security should not be construed as a recommendation to buy, sell, or hold that security.

8. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY ANALYTICS, PREDICTIONS, OR SIGNALS WILL BE ACCURATE OR PROFITABLE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF (A) AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100.

Nothing in these Terms purports to limit or disclaim liability for (i) gross negligence, (ii) willful misconduct, (iii) fraud, or (iv) any liability that cannot be limited under applicable law, including without limitation California Civil Code § 1668 and any analogous non-waivable consumer-protection statute.

EU/UK carve-out. For users in the European Union or the United Kingdom, statutory consumer rights (including any non-waivable consumer-protection rights under, for example, the Consumer Rights Directive 2011/83/EU, the UK Consumer Rights Act 2015, and national implementing legislation) are not affected by these Terms. Where a mandatory statutory remedy differs from the remedies described in this Section, the statutory remedy controls.

10. Indemnification

You agree to defend, indemnify, and hold harmless AlphaSmith and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Services, your Customer Data, or your violation of these Terms.

11. Termination

You may close your account at any time through the account settings page. We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we reasonably believe violates these Terms, harms other users, or exposes us to legal liability. On termination, your right to use the Services will end, and we may delete associated data subject to our retention and legal obligations.

12. Governing law

These Terms are governed by the laws of the State of [TBD: counsel input], United States, without regard to conflict-of-laws principles. Subject to Section 13, the state and federal courts located in [TBD: counsel input] will have exclusive jurisdiction over any disputes not subject to arbitration.

13. Dispute resolution; arbitration; class action waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The seat of arbitration will be [TBD: counsel input]. YOU AND ALPHASMITH EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. You may opt out of arbitration within 30 days of first accepting these Terms by writing to legal@alphasmith.ai.

14. Changes to the Terms

We may update these Terms from time to time. If changes are material, we will post a notice in the product and/or email you at least 14 days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

15. Contact

For questions about these Terms, contact legal@alphasmith.ai. For the formal notice address, see Legal Notices & Contact.