Terms of Service
Contents
- Acceptance of Terms
- Subscription, Billing, and Trial
- No Refunds; Cancellation
- License Grant
- Restrictions
- Not Investment Advice; Publisher Exemption
- Trading Risk Acknowledgment
- No Warranty
- Limitation of Liability
- Indemnification
- Account Suspension and Termination
- Modifications to the Terms
- Modification of Free Features
- Governing Law and Venue
- Binding Arbitration; Class Action Waiver
- Force Majeure
- Entire Agreement; Severability; Assignment
- Contact
§1. Acceptance of Terms
By downloading, installing, activating, accessing, or otherwise using the Service, you affirmatively agree to be bound by these Terms, our Privacy Policy, our Refund Policy, and our Risk Disclosure, each of which is incorporated herein by reference. If you do not agree to these Terms, you must not install or use the Service.
You represent that you are at least eighteen (18) years of age, that you have the legal capacity to enter into a binding contract in your jurisdiction, and that your use of the Service is not prohibited by any applicable law, regulation, or court order. If you are accessing or using the Service on behalf of an entity, you represent that you are authorized to bind that entity, and “User” refers to that entity.
§2. Subscription, Billing, and Trial
2.1 Subscription Plan.
Following the Trial Period (defined below), use of the Service requires an active paid subscription (the “Subscription”) at the price of US $29.99 per month, billed in advance on a recurring monthly basis (the “Subscription Fee”). The Subscription will automatically renew at the end of each monthly billing period for successive one-month terms unless and until you cancel as set forth in §3.
2.2 Free Trial.
New Users may be eligible for a thirty (30)–day free evaluation period (the “Trial Period”). At the conclusion of the Trial Period, your payment method on file will be charged the then-current Subscription Fee automatically, unless you have canceled prior to the end of the Trial Period. We will use commercially reasonable efforts to send a reminder communication at least three (3) days before the Trial Period ends.
2.3 Payment Processor.
All payments are processed by Stripe, Inc. (“Stripe”). By providing payment information, you authorize JE Horizon and Stripe to charge your designated payment method for the Subscription Fee and any applicable taxes for so long as your Subscription is active. Your relationship with Stripe is also governed by Stripe’s own terms of service and privacy policy.
2.4 Price Changes.
We may modify the Subscription Fee at any time. We will provide you with at least thirty (30) days’ advance notice of any Subscription Fee increase. If you do not agree to the new Subscription Fee, your sole remedy is to cancel your Subscription in accordance with §3 before the increase takes effect. Continued use of the Service after the effective date of a Subscription Fee change constitutes your acceptance of the new Subscription Fee.
2.5 Taxes.
All fees are exclusive of any applicable sales, use, value-added, withholding, or similar taxes, which are your responsibility. If JE Horizon is legally obligated to collect such taxes, the amount will be added to your charge.
§3. No Refunds; Cancellation
All sales are final. Except as expressly required by applicable law, payment obligations under these Terms are non-cancelable and Subscription Fees paid are non-refundable. We do not offer pro-rata refunds, partial-month refunds, or refunds for periods of unused access.
3.1 Cancellation.
You may cancel your Subscription at any time by opening the Software and navigating to Settings → License → Cancel Subscription. Cancellation takes effect at the end of your then-current paid billing period; you will retain access to the Service through the end of that period, and you will not be charged again unless you re-subscribe.
3.2 California Residents.
If you are a California resident, you may also cancel by contacting us at [email protected]. Pursuant to California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by telephone at (800) 952-5210.
3.3 EU / EEA / UK Consumers.
If you are a consumer in the European Union, European Economic Area, or United Kingdom, you have a statutory right to withdraw from a distance contract within fourteen (14) days. By beginning use of the Service during the Trial Period (during which no Subscription Fee is charged), you have a full and unconditional opportunity to evaluate the Service without payment. By electing to continue beyond the Trial Period, you expressly request immediate performance of the Service and acknowledge that you lose any right of withdrawal that would otherwise apply to the first paid billing period.
3.4 Chargebacks.
If you initiate a payment-card chargeback or dispute with respect to charges that comply with these Terms, we reserve the right to suspend or terminate your access to the Service and to pursue recovery of the disputed amount and related costs.
§4. License Grant
Subject to your continuous compliance with these Terms and (after the Trial Period) timely payment of the Subscription Fee, JE Horizon grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on up to two (2) machines that you own or personally control, solely for your own internal, lawful purposes. All rights not expressly granted herein are reserved by JE Horizon.
The Software, including all underlying models, weights, source code, object code, user interface, documentation, branding, and related intellectual property (the “JE Horizon IP”), is and shall remain the exclusive property of JE Horizon and its licensors. These Terms do not transfer to you any ownership interest in the JE Horizon IP.
§5. Restrictions
You shall not, and shall not permit any third party to:
- copy, modify, translate, adapt, or create derivative works of the Software;
- reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, model weights, training data, or underlying algorithms of the Software, except to the limited extent applicable law expressly prohibits this restriction;
- rent, lease, lend, sell, sublicense, distribute, host, or otherwise make the Software available to any third party, including by means of a service-bureau, time-share, or managed-service arrangement;
- share, transfer, publish, or otherwise disclose any license key, activation token, or authentication credential issued to you;
- circumvent, disable, or interfere with any license-enforcement, telemetry, or security feature of the Software;
- use the Software to develop or train any competing product or machine-learning model;
- use the Software in any jurisdiction where its use is prohibited by law, or in violation of applicable securities, anti-money-laundering, sanctions, or export-control laws; or
- use the Software in connection with any unlawful, fraudulent, deceptive, or manipulative trading practice, including market manipulation, spoofing, layering, or insider trading.
§6. Not Investment Advice; Publisher Exemption
The Service is a software publication, not investment advice. JE Horizon is not a broker-dealer, investment adviser, financial planner, fiduciary, or commodity trading advisor.
The Service provides general, impersonal informational content — including model-generated grades such as “BUY,” “SELL,” or “HOLD” together with statistical conviction scores — based on publicly available market data and the User’s own inputs. None of the information delivered by the Service is tailored to your particular investment objectives, financial situation, risk tolerance, tax position, or holdings, and none of it constitutes a recommendation that any particular security, options strategy, or transaction is suitable for you or any other specific person.
JE Horizon publishes the Service as a bona fide general-circulation financial publication and relies on the “publisher’s exclusion” from the definition of “investment adviser” under Section 202(a)(11)(D) of the United States Investment Advisers Act of 1940 (15 U.S.C. § 80b-2(a)(11)(D)), as construed by the United States Supreme Court in Lowe v. SEC, 472 U.S. 181 (1985). The Service is impersonal in nature, of general and regular circulation, and is not intended to be, and does not constitute, individualized investment advice for any specific subscriber.
You are solely responsible for evaluating any information provided by the Service and for all investment, trading, and account-management decisions you make. You make every trade decision. You bear every result. JE Horizon does not direct, control, or have authority over any brokerage account that you connect to the Software. The Software does not place orders on your behalf without your express, contemporaneous instruction within the Software’s user interface.
You should consult with a duly licensed investment professional, broker-dealer, accountant, or attorney regarding your particular circumstances before acting on any information obtained from the Service.
§7. Trading Risk Acknowledgment
You acknowledge and agree that trading in equity securities, options on equity securities, exchange-traded funds, and similar instruments is speculative, involves a high degree of risk, and is not suitable for every investor. You further acknowledge that:
- options strategies can result in the loss of one hundred percent (100%) of the premium paid and, in the case of uncovered or short option positions, losses substantially exceeding the original investment;
- past performance, including any backtest, simulation, calibration metric, or historical benchmark referenced in the Software or our marketing materials, is not indicative of future results;
- model-generated signals are statistical and probabilistic; they will be wrong some non-trivial fraction of the time; and
- you should not trade with funds you cannot afford to lose.
You agree to read and consider the disclosures contained in our Risk Disclosure, which is incorporated herein by reference, prior to using the Service to inform any trading decision.
§8. No Warranty
The Service, including all software, models, signals, content, and outputs, is provided “as is” and “as available,” with all faults and without warranty of any kind.
To the maximum extent permitted by applicable law, JE Horizon and its affiliates, licensors, and service providers disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, system integration, quiet enjoyment, and any warranties arising out of course of dealing, course of performance, or trade usage. JE Horizon does not warrant that the Service will be uninterrupted, error-free, secure, free of viruses or other harmful components, or that any signals, scores, or other outputs of the Service will be accurate, reliable, complete, timely, or profitable.
Some jurisdictions do not allow the disclaimer of certain implied warranties; in such jurisdictions, the foregoing disclaimers apply to the maximum extent permitted by law.
§9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall JE Horizon or its affiliates, members, managers, officers, employees, contractors, licensors, or service providers be liable to you or to any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost trading opportunities, lost data, loss of goodwill, or trading losses, arising out of or related to these Terms or the Service, whether in contract, tort (including negligence), strict liability, or any other theory, and whether or not JE Horizon has been advised of the possibility of such damages.
In no event shall the aggregate liability of JE Horizon and its affiliates arising out of or related to these Terms or the Service exceed the greater of (i) the total Subscription Fees actually paid by you to JE Horizon during the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) one hundred United States dollars (US $100.00).
The limitations in this §9 are an essential basis of the bargain between you and JE Horizon and shall apply even if any limited remedy in these Terms is found to have failed of its essential purpose.
§10. Indemnification
You shall defend, indemnify, and hold harmless JE Horizon, its affiliates, members, managers, officers, employees, contractors, licensors, and service providers (the “Indemnitees”) from and against any and all third-party claims, actions, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of or inability to use the Service; (b) your trading or investment decisions, including any orders entered through any brokerage account; (c) your breach or alleged breach of these Terms; (d) your violation of any applicable law, regulation, or rule of any self-regulatory organization; or (e) your violation of the rights of any third party.
§11. Account Suspension and Termination
We may suspend, restrict, or terminate your access to the Service, with or without notice, if we reasonably believe that you have breached these Terms, engaged in fraudulent, abusive, or unlawful conduct, presented a security or compliance risk, or initiated a chargeback in breach of §3.4. We will use commercially reasonable efforts to provide prior notice except where doing so would compromise an investigation or the security of the Service or other Users.
Either party may terminate the Subscription for convenience: you, by canceling per §3.1; we, with thirty (30) days’ prior notice. Upon termination, your license under §4 immediately ceases, and you must uninstall the Software. Sections that by their nature should survive termination (including §§5–10, 14, 15, and 17) shall survive.
§12. Modifications to the Terms
We may revise these Terms from time to time. If we make a material change, we will provide notice (for example, via email to the address associated with your account or via in-Software notification) at least thirty (30) days before the change takes effect. Non-material changes (for example, clarifications, typo fixes, or changes to defined terms that do not alter your rights or obligations) take effect when posted. Your continued use of the Service after the effective date of a change constitutes your acceptance of the revised Terms.
§13. Modification of Free Features
JE Horizon reserves the right to modify, restrict, meter, or discontinue any feature of the Service that is offered free of charge (including the Trial Period and any free-tier functionality) at any time and for any reason, with at least thirty (30) days’ advance notice posted on our website or delivered in-Software. We have no obligation to maintain free features indefinitely, and discontinuance of a free feature is not a breach of these Terms.
§14. Governing Law and Venue
These Terms, and any non-contractual obligations arising out of or relating to them, are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to §15, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware, for any judicial action permitted under these Terms.
§15. Binding Arbitration; Class Action Waiver
Please read this section carefully. It requires you to arbitrate disputes with JE Horizon individually and limits the manner in which you can seek relief.
15.1 Agreement to Arbitrate.
Except as set forth in §15.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) shall be finally resolved by binding individual arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (or, where the amount in controversy exceeds $250,000, its Comprehensive Arbitration Rules and Procedures), as in effect at the time the arbitration is commenced. The seat of arbitration shall be Wilmington, Delaware. The arbitrator’s award shall be final and binding, and judgment thereon may be entered in any court of competent jurisdiction.
15.2 Class Action Waiver.
You and JE Horizon agree that any Dispute shall be brought only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, mass, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
15.3 Thirty-Day Opt-Out.
You have the right to opt out of the arbitration agreement and class-action waiver in this §15 by sending written notice of your decision to opt out to [email protected] with the subject line “Arbitration Opt-Out,” including your full name and the email associated with your account, within thirty (30) days of first accepting these Terms. If you opt out, neither you nor JE Horizon may require the other to arbitrate, but the remainder of these Terms will continue to apply.
15.4 Exceptions.
Notwithstanding the foregoing, either party may (a) bring an individual claim in small-claims court that has jurisdiction and venue over you and JE Horizon, or (b) seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its intellectual-property rights.
§16. Force Majeure
JE Horizon shall not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemic, governmental action, labor disputes, fire, flood, power or telecommunications failure, internet or third-party service-provider outage, market disruption, broker downtime, exchange halt, or denial-of-service attack.
§17. Entire Agreement; Severability; Assignment
These Terms, together with the documents incorporated by reference, constitute the entire agreement between you and JE Horizon with respect to the Service and supersede any prior or contemporaneous understandings or agreements. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of JE Horizon. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent; any purported assignment in violation of this provision is void. JE Horizon may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all of its assets.
§18. Contact
For questions about these Terms, please contact us at:
JE Horizon LLC
Attn: Legal — Qovaryx Service
Email: [email protected]
Web: https://qovaryx.jehorizon.com