By accessing, installing, configuring, or otherwise using the Index Scalper software application and any associated services, APIs, interfaces, documentation, or derivative works thereof (collectively, the "Service"), You (hereinafter "User," "You," or "Your") acknowledge that You have read, understood, and agree to be legally bound by the terms and conditions set forth herein (the "Agreement"), as well as our Privacy Policy, which is incorporated herein by reference.

If You do not agree to all of the terms and conditions contained in this Agreement, You must immediately cease all use of the Service and remove all copies of the software from any systems under Your control.

The Service consists of a self-hosted, automated options trading dashboard that provides, without limitation: signal detection and generation, trade execution via third-party brokerage application programming interfaces, portfolio backtesting and analysis, real-time market data display, position monitoring, and configurable alert notifications. The Service is deployed and operated on infrastructure owned or controlled by the User or the User's designated system administrator.

You expressly acknowledge and agree that:

1. Trading options and other financial derivatives involves substantial risk of loss and is not suitable for all investors. You may sustain a total loss of the funds deposited with Your broker for the purpose of making transactions and, in certain circumstances, may incur losses exceeding Your initial deposit.
2. Past performance, whether actual or indicated by historical backtests, simulations, or statistical analyses generated by the Service, is not indicative of future results. Backtested and hypothetical performance results have inherent limitations including, but not limited to, survivorship bias, look-ahead bias, and the benefit of hindsight.
3. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown within the Service. The actual percentage gains or losses experienced by investors will vary depending on, among other things, market conditions, execution quality, account size, trade timing, and commission costs.
4. You are solely responsible for all investment and trading decisions made using the Service. The operators of the Service shall not be liable for any losses, damages, or costs arising from Your reliance on the information, signals, or automated actions provided by the Service.
5. Automated trading systems, including the Service, are subject to technology-related risks including, without limitation: software defects, network latency, data feed interruptions, API failures, broker execution delays, and system outages. Such events may result in missed trades, duplicate orders, or erroneous executions.

The Service integrates with third-party brokerage platforms (including, but not limited to, Tradier, Tastytrade, and Charles Schwab) for the purpose of market data retrieval and trade execution. Your use of such brokerage services is governed solely by the terms, conditions, and agreements between You and the applicable brokerage firm. The Service assumes no responsibility or liability for:

• The availability, accuracy, or timeliness of market data provided by third-party brokers;
• The execution, non-execution, or delayed execution of trade orders by any broker;
• Changes to brokerage API functionality, rate limits, or access policies;
• Account restrictions, margin calls, or regulatory actions taken by any broker;
• Any financial losses resulting from brokerage platform outages or malfunctions.

You are solely responsible for maintaining valid API credentials, ensuring adequate account funding, and complying with all rules and regulations imposed by Your chosen brokerage firm(s).

The Service may transmit electronic notifications to You via email, Slack webhook, Discord webhook, or other communication channels as configured by You or Your system administrator. By enabling notification features, You consent to receive such communications and acknowledge the following:

Notification delivery is provided on an "as-available" basis and is subject to the operational status of third-party messaging infrastructure (including Mailgun, Slack, and Discord). The Service does not guarantee the delivery, timeliness, or completeness of any notification. Failure to receive a notification shall not constitute grounds for any claim against the Service or its operators.

You may disable or modify notification preferences at any time through the Service's settings interface. Disabling notifications does not affect the underlying trading operations of the Service.

You are responsible for maintaining the confidentiality of Your account credentials, including but not limited to Your username, password, and any brokerage API tokens stored within the Service. You agree to:

1. Use a strong, unique password of no fewer than eight (8) characters and change the default administrative password immediately upon initial deployment;
2. Not share, disclose, or otherwise make available Your login credentials or API tokens to any unauthorized third party;
3. Notify Your system administrator immediately of any unauthorized access to or use of Your account or any other breach of security;
4. Ensure that the host system on which the Service is deployed is adequately secured, patched, and protected from unauthorized network access.

The Service shall not be liable for any loss or damage arising from Your failure to comply with the foregoing security obligations.

To the maximum extent permitted by applicable law, in no event shall the operators, developers, contributors, or administrators of the Service be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, regardless of whether such damages were foreseeable and whether or not the Service was advised of the possibility of such damages.

Without limiting the foregoing, the Service's total aggregate liability arising out of or in connection with this Agreement or the use of the Service shall not exceed the amount of zero dollars ($0.00 USD), as the Service is provided free of charge on a self-hosted basis.

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or completeness. No advice or information, whether oral or written, obtained from the Service shall create any warranty not expressly stated in this Agreement.

The Service does not warrant that: (a) the software will operate uninterrupted or error-free; (b) defects will be corrected in a timely manner; (c) trading signals or backtested results will produce profitable outcomes; or (d) the Service will be compatible with any particular hardware, software, or network configuration.

You agree to indemnify, defend, and hold harmless the operators and administrators of the Service from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your use or misuse of the Service; (b) any trading losses incurred through the Service; (c) Your violation of this Agreement; or (d) Your violation of any applicable law, rule, or regulation, including securities laws and brokerage agreements.

The Service reserves the right to modify, amend, or update this Agreement at any time and for any reason, with or without prior notice. Any changes shall become effective immediately upon posting of the revised terms within the Service. Your continued use of the Service following the posting of changes constitutes Your acceptance of such changes. It is Your responsibility to review this Agreement periodically for updates.

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Service is deployed, without regard to its conflict of law provisions. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement, together with the Privacy Policy, constitutes the entire agreement between You and the operators of the Service with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.