Kearsarge Studios

GotOptions Terms of Service

Effective date: To be set at launch.

Draft — not yet in force. This document is pending founder and outside-counsel review (website launch gate #3) and is not a public, binding agreement until that review is complete and this banner is removed.

These Terms of Service (the "Terms") are a binding agreement between you and Kearsarge Studios LLC ("Kearsarge Studios," "we," "us") governing your use of the GotOptions application and related services (together, the "Service"). Please read them together with the Privacy Policy and the Investment & Risk Disclaimer, which are incorporated into these Terms.

▲ Please note three things up front. (1) GotOptions is an analytics and educational tool — not investment advice and not a broker. (2) The Service is provided "as is," with no warranty that data is accurate. (3) These Terms include a binding arbitration agreement and class-action waiver (Section 13) that affect how disputes are resolved; you may opt out within 30 days.

1. Acceptance of these Terms

By downloading, installing, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years old and legally able to enter into a contract to use the Service. The Service is not directed to children, and we do not knowingly permit anyone under 18 to use it.

3. License to use the Service

Subject to these Terms, Kearsarge Studios grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service on devices you own or control, for your own personal, non-commercial use. We reserve all rights not expressly granted.

4. Acceptable use

You agree not to:

  • use the Service for any unlawful purpose or in violation of any applicable securities, financial, or other law;
  • copy, modify, reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent this restriction is prohibited by law;
  • resell, redistribute, sublicense, or commercially exploit the Service or any data obtained through it;
  • scrape, harvest, or systematically extract data from the Service, or use it to build a competing product;
  • interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service, its servers, or any connected systems or accounts;
  • circumvent any usage limits, access controls, or entitlement checks, including those distinguishing free and paid features.

5. Accounts and connected brokerage

Some features require an account. You are responsible for safeguarding your credentials and for activity under your account. If you connect a third-party brokerage or data account (for example, through that provider's authorization flow), you authorize us to access the data necessary to provide the Service, subject to that provider's own terms. You may disconnect a connected account, and you may delete your account, as described in the account deletion page and the Privacy Policy.

6. Paid features, billing, and cancellation

The Service may offer optional paid features ("Pro"). Where you purchase through an app store, that store processes the payment and the store's terms, pricing, billing, auto-renewal, and refund rules apply in addition to these Terms. Subscriptions renew automatically until cancelled; you can manage or cancel a subscription in your app store account settings. Except where required by law or the applicable store's policy, payments are non-refundable.

7. Intellectual property

The Service, including its software, design, text, and the "GotOptions" and "Kearsarge Studios" names and marks, is owned by or licensed to Kearsarge Studios and is protected by intellectual-property laws. These Terms grant you no right to use our names or marks without our prior written permission. Content you enter (such as the positions you track) remains yours; you grant us only the limited license needed to operate the Service for you (for example, to store and sync your data if you enable that).

8. Third-party data and services

The Service relies on third-party data sources and services, including market-data providers and, if you connect it, your brokerage. We do not control and are not responsible for third-party data, services, or terms. Market data is provided "as is," may be delayed or inaccurate, and is subject to the providers' rights and restrictions. Your use of a connected brokerage or data provider is governed by your agreement with that provider.

9. No investment advice

The Service provides general, impersonal information, calculations, and example structures that are identical for all users. Kearsarge Studios is not a registered investment adviser or broker-dealer, and nothing in the Service constitutes investment, financial, legal, or tax advice or a recommendation regarding any security or strategy. You are solely responsible for your trading decisions. The Investment & Risk Disclaimer is part of these Terms.

10. Disclaimer of warranties

The Service and all data, calculations, and content are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty as to the accuracy, completeness, timeliness, or reliability of any market data or calculation. We do not warrant that the Service will be uninterrupted, secure, or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

11. Limitation of liability

To the maximum extent permitted by law, Kearsarge Studios LLC and its owners, employees, and suppliers will not be liable for any trading or investment losses, or for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or relating to the Service, even if advised of the possibility of such damages. Our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) US $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless Kearsarge Studios LLC from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

13. Dispute resolution; arbitration and class-action waiver

Please read this section carefully — it affects your legal rights. First, we both agree to try to resolve any dispute informally by contacting hello@kearsargestudios.com and allowing 30 days to resolve it.

If we cannot, you and Kearsarge Studios agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court. You and Kearsarge Studios waive any right to a jury trial and to participate in a class, collective, or representative action. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms, stating that you opt out; opting out will not affect any other part of these Terms.

14. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if necessary to protect the Service or comply with law. Sections that by their nature should survive termination (including Sections 7 through 13 and 15) will survive.

15. Governing law

These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section 13. Subject to Section 13, the exclusive venue for any matter not subject to arbitration is the state or federal courts located in [COUNTY, STATE], and you consent to their jurisdiction.

16. App store terms

If you obtained the Service from the Apple App Store or Google Play, additional terms apply.

Apple. These Terms are between you and Kearsarge Studios only, not Apple, and Apple is not responsible for the Service or its content. Your license is limited to use on Apple-branded devices you own or control, as permitted by the App Store Terms of Service. Apple has no obligation to provide support or to address any claim relating to the Service (including product-liability, legal/regulatory, or intellectual-property claims), and any product warranty not effectively disclaimed is our responsibility, not Apple's. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google. If you obtained the Service from Google Play, your use is also subject to the Google Play Terms of Service, and you acknowledge that Google is not responsible for the Service.

17. Changes to these Terms

We may update these Terms. If we make a material change, we will update the effective date and, where appropriate, provide additional notice. Continuing to use the Service after a change takes effect means you accept the updated Terms.

18. Contact

Questions about these Terms: hello@kearsargestudios.com, Kearsarge Studios LLC.