Terms of Service

Acceptance of Terms

These Terms of Service (these "Terms") govern your access to and use of the website, products, and services provided by Skavinski Capital LLC (collectively, the "Service"). By accessing or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms or our Privacy Policy, you must not use the Service.

These Terms constitute a binding agreement between you ("User" or "you") and Skavinski Capital LLC ("Skavinski," "we," "us," or "our"). You represent that you have the legal authority to accept these Terms on behalf of yourself or any party you represent. The Service is offered and available only to users who are 18 years of age or older (or the age of majority in your jurisdiction). If you are under 18 (or the applicable age of majority), you are not permitted to use the Service.

Eligibility

You affirm that you are at least 18 years old (or the age of majority in your jurisdiction) and are fully able and competent to enter into and comply with these Terms. The Service is intended for users in jurisdictions where the content and use of the Service are lawful. You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations. By using the Service, you also affirm that you are not on any trade sanction list or a resident of a country where use of this Service is embargoed or prohibited by law.

User Accounts

Certain features of our Service require you to create a user account through our authentication provider. When creating an account, you agree to provide accurate, current, and complete information about yourself as prompted, and to maintain and update such information to keep it accurate and current. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

Skavinski reserves the right to suspend or terminate your account (or your access to certain features) at any time if, in our judgment, you have violated these Terms or if we suspect fraudulent, abusive, or unlawful activity. We are not liable for any loss or damage arising from your failure to comply with the above account responsibilities.

Subscription and Payment Terms

Access to certain features of the Service requires a paid subscription. Subscriptions are billed on a recurring basis (monthly or as otherwise specified at the time of purchase). Payment is processed by our third-party payment processor, Stripe. By subscribing, you authorize recurring charges to your payment method.

• Billing: Subscription fees are charged in advance for each billing period. Your subscription automatically renews at the end of each billing period unless you cancel before the renewal date.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period, and you will retain access through that period. See the Refunds subsection below.
• Price Changes: We reserve the right to change subscription pricing. Any price changes will be communicated to you in advance and will take effect at the start of your next billing period after the notice.
• Free Trials: If we offer a free trial, you may be required to provide payment information. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription.

Skavinski is not responsible for any fees charged by your bank or payment provider (such as foreign transaction fees or currency conversion charges).

Refunds

All subscription fees and one-time charges are final and non-refundable, including fees for partial billing periods after cancellation, renewal charges, and charges on rate-locked or promotional plans. Refunds may be issued at our sole discretion in cases of erroneous charges, duplicate charges, or technical defect that prevents use of the Service, or where a refund is required by applicable law. To stop future billing, cancel your subscription at any time via your account settings; cancellation takes effect at the end of the current billing period, and you will retain access through that period. If you believe a charge is incorrect, please contact [email protected] before initiating a chargeback or payment dispute. Initiating a chargeback without first contacting us may result in immediate suspension or termination of your account, and you may lose access to any remaining paid period.

Referral Program

Skavinski may offer a referral program that allows existing subscribers to refer new users. The referral program is governed by separate Referral Program Terms, which are incorporated into these Terms by reference. Key provisions include:

• Referral discounts are applied as percentage reductions to subscription fees via Stripe coupons.
• Self-referrals, fake accounts, and circular referral schemes are prohibited and may result in account termination.
• Referral benefits are tied to active subscriptions and terminate upon cancellation.
• If you share your referral code publicly (e.g., on social media), you must disclose the referral relationship in compliance with FTC guidelines.

Skavinski reserves the right to modify, suspend, or terminate the referral program at any time without prior notice.

User Conduct

When using our Service, you agree to adhere to the following rules of conduct and any applicable laws. You will not, and will not attempt to, use the Service in any manner that:

• Violates Any Law or Regulation: You may not use the Service for any unlawful purpose or in violation of any local, state, national, or international laws.
• Infringes Intellectual Property: You will not upload, post, or transmit any content that infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Is Harmful, Fraudulent, or Malicious: You will not engage in any activity that is fraudulent, abusive, defamatory, harassing, threatening, or that could introduce malware, viruses, or other harmful code into the Service or other users' devices.
• Attempts Unauthorized Access: You will not attempt to gain unauthorized access to any accounts, features, systems, or networks of the Service, or interfere with or disrupt the integrity or performance of the Service (including probing, scanning, or testing the vulnerability of any system or security measures without proper authorization).
• Misuses the Service: You will not use any automated means (such as bots, scrapers, or spiders) to access the Service for any purpose without our express written permission. You also agree not to impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity while using the Service.

Violation of the above rules may result in the suspension or termination of your access to the Service, at our sole discretion, and may subject you to legal consequences. Skavinski reserves the right (but has no obligation) to monitor user activity and content on the Service to enforce these Terms.

Intellectual Property

The Service and all content, materials, features, and functionality provided on or through the Service (including but not limited to information, text, graphics, logos, designs, software, and images, as well as their selection and arrangement) are the exclusive property of Skavinski Capital LLC or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Skavinski™ and our logos, branding, and trade names are trademarks/service marks of Skavinski Capital LLC. You are not granted any right or license to use any of the Skavinski trademarks without our prior written permission. All other names, logos, or marks mentioned in the Service may be trademarks of their respective owners and are used for identification purposes only.

Subject to your compliance with these Terms, Skavinski grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on our Service, except as automatically and incidentally necessary to use the Service for its intended purpose (such as caching in your web browser). If you wish to make any use of material on the Service beyond this license, you must obtain prior written permission from us.

Any unauthorized use of the Service or its content for any purpose not expressly permitted by these Terms is a breach of these Terms and may violate our intellectual property rights or the rights of third parties.

Third-Party Links

The Service may contain links or references to third-party websites, services, or resources that are not owned or controlled by Skavinski (for example, an invitation link to our community on Discord or references to external data sources). These links are provided for your convenience and informational purposes only. Skavinski does not endorse, monitor, or have any control over these third-party platforms, and we are not responsible for the content, privacy policies, terms, or practices of any third parties.

If you access a third-party website or service via a link on our Service, you do so at your own risk. Any interactions or dealings you have with third parties (including advertisers or other users) found on or through the Service are solely between you and the third party. Skavinski shall not be liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such third-party links or resources on the Service.

Third-party services integrated with the Service include, but are not limited to: Stripe (payment processing), Clerk (authentication), Discord (community), and various content delivery networks. Your use of these third-party services is subject to their respective terms and privacy policies. We encourage you to review those policies independently.

Educational Platform

Skavinski Academy (accessible at academy.skavinski.com) provides educational content about financial markets, options, and quantitative concepts. The following terms apply specifically to Academy content:

• Educational Purpose Only: All Academy content, including courses, quizzes, simulations, and AI-assisted tutoring, is provided strictly for educational purposes. Academy content does not constitute investment advice, professional certification, or accreditation by any regulatory body.
• AI-Powered Features: The Academy may include AI-powered features such as an AI Tutor that generates responses based on your inputs. AI-generated responses are informational and may contain errors. You should verify any information provided by AI features independently.
• Certifications: Any certificates or badges issued by the Academy represent completion of our internal curriculum only. They do not confer any professional license, regulatory qualification, or industry certification.
• Content Accuracy: While we make reasonable efforts to ensure the accuracy of educational content, financial markets and regulations evolve. We do not guarantee that all educational materials are current or complete at all times.

Discord Services

Skavinski operates automated services within its Discord community, including bots that deliver market alerts, data visualizations, and notifications. The following terms apply:

• Automated Alerts: Market alerts, including but not limited to SPX level alerts, insider trading notifications (based on public regulatory filings), and whale activity alerts, are generated automatically based on market data and public filings. These alerts are informational only and do not constitute trade signals, recommendations, or investment advice.
• Data Accuracy: Automated alerts are derived from third-party data sources and may contain delays, errors, or omissions. Skavinski does not guarantee the accuracy, timeliness, or completeness of any information delivered via Discord.
• No Reliance: You should not make trading or investment decisions based solely on alerts or information received through our Discord services. Always conduct your own research and consult with a qualified financial advisor.
• Discord Terms: Your participation in our Discord community is also subject to Discord's own Terms of Service and Community Guidelines.

No Investment Advice & Risk Disclosure

No Investment Advice: All content and information provided by the Service is for general informational and educational purposes only. Nothing on our website or through our Service constitutes, or is intended to constitute, financial, investment, or trading advice. Skavinski is not a registered broker-dealer, investment advisor, or financial advisor, and we do not provide personalized investment advice or recommendations to buy or sell any securities, commodities, cryptocurrencies, or other financial instruments. You should not interpret any opinions, analyses, information, or tools on the Service as professional advice tailored to your personal financial situation. Always consult with a qualified financial advisor or conduct your own thorough research before making any investment decisions.

AI and Automated Tools: Our platform may utilize algorithms or artificial intelligence to provide certain insights, analytics, or automated features. Any outputs from such automated tools (including forecasts, recommendations, or analyses) are inherently limited by the quality of data and assumptions used. We make no guarantee of the accuracy, completeness, or reliability of any AI-generated or algorithm-driven content. You should treat these outputs as one of many informational inputs and not as definitive guidance. Use your own judgment and consider seeking advice from professional advisors when interpreting results from our tools.

Specific Tools and Widgets: The Service includes analytical tools and widgets such as gamma exposure heatmaps, expected move calculators, options strategy builders, short interest analysis, order routing (Rule 606) data displays, volatility dashboards, market breadth indicators, and other quantitative visualizations. These tools present data derived from third-party market data providers and processed through proprietary models. The outputs of these tools are estimates, approximations, or calculations based on available data. They are not guarantees of market behavior. Different data sources, calculation methodologies, or time periods may produce different results.

Investment Risks: Investing and trading involve significant risk. All investments in securities or other financial products can potentially result in losses, including the loss of your principal investment. Past performance, whether actual or indicated by historical data, is not indicative of nor a guarantee of future results. Any examples of past success or performance on our Service are intended for illustrative purposes only and should not be construed as an assurance that any investor will achieve similar results. The value of investments and any income derived from them can go down as well as up.

You alone are responsible for evaluating the merits and risks associated with any financial decisions you make. By using our Service, you agree that Skavinski and its affiliates will not be held liable for any investment decisions you make or any losses that may result. You acknowledge and agree that you are using the information and tools provided by the Service at your own risk.

Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted under applicable law, Skavinski and its affiliates, licensors, and service providers expressly disclaim all warranties, whether express, implied, statutory, or otherwise with respect to the Service. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Skavinski does not guarantee that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the information or content provided on the Service is accurate, complete, reliable, or current; or (c) the Service or any files available for downloading are free of viruses or other harmful components. Any content or material downloaded or otherwise obtained through your use of the Service is done at your own discretion and risk. You will be solely responsible for any damage to your device or loss of data that results from the download or use of any such material.

No Advice or Information obtained by you from Skavinski or through the Service (whether oral or written) shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of or limitations on certain warranties, so some of the above exclusions may not apply to you. In such cases, any warranties required by law are limited in duration to 30 days from the date of first use of the Service.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Skavinski, its parent company, affiliates, officers, directors, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever. This includes, without limitation, damages for lost profits, lost revenue, lost opportunities, loss of data, service interruption, computer damage, or system failure, or the cost of substitute products or services, arising out of or in connection with these Terms or from your use of, or inability to use, the Service, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not Skavinski has been informed of the possibility of such damage.

To the extent permitted by applicable law, Skavinski's total cumulative liability to you for any direct damages (whether in contract, tort, or under any other theory of liability) arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total amount (if any) paid by you to Skavinski for the Service in the twelve (12) months immediately prior to the event giving rise to such liability; or (b) one hundred U.S. dollars (USD $100.00).

Nothing in these Terms shall limit or exclude liability for gross negligence, fraud, intentional misconduct, or for any other liabilities that cannot be excluded or limited by law. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such jurisdictions, Skavinski's liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Skavinski Capital LLC, its affiliates, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service, including any data or content transmitted or received by you;
• Your violation of any term of these Terms or any applicable law, rule, or regulation;
• Your infringement or violation of the rights of any third party (including intellectual property rights, privacy rights, or other proprietary rights); or
• Your negligence or willful misconduct.

Skavinski reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims. You will not settle any such claim without our prior written consent. This indemnification obligation will survive any termination or expiration of these Terms and your use of the Service.

Free-User Carve-Out. If you have not maintained an active paid subscription to the Service (a "Visitor"), your indemnification obligations under this Section 14 are limited to claims arising from (a) your infringement or violation of the rights of any third party (including intellectual property rights, privacy rights, or other proprietary rights), or (b) your negligence or willful misconduct. As a Visitor, you are not obligated to indemnify the Indemnified Parties for ordinary use or misuse of the Service, or for violations of these Terms that do not also involve third-party rights, negligence, or willful misconduct. This carve-out does not limit the warranties disclaimer in Section 12 or the limitation of liability in Section 13.

Governing Law & Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Service or these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without giving effect to any choice or conflict of law provision or rule (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of Delaware.

You agree that any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the federal or state courts located in the State of Delaware. You consent to the jurisdiction of such courts and waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding the foregoing, Skavinski retains the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

If you are a consumer residing outside of the United States, you may have additional rights or remedies under local law. In such an event, nothing in these Terms (including the choice of Delaware law) will deprive you of any consumer protections accorded to you by the laws of your country of residence.

Changes to Terms

Skavinski may revise or update these Terms from time to time in our sole discretion. We will post any modifications to the Terms on this page and update the "Last updated" date at the top. If the changes are material, we may also provide a more prominent notice (such as a banner on our site or an email notification, if appropriate) that the Terms have been updated. It is your responsibility to review these Terms periodically for any changes.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you must stop using the Service. Any amended Terms will supersede all previous versions of agreements, notices, or statements about the Terms.

Miscellaneous

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

No Waiver: The failure of Skavinski to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Skavinski.

Entire Agreement: These Terms (together with our Privacy Policy and any additional terms to which you agree when using specific features of the Service) constitute the entire agreement between you and Skavinski regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties (both written and oral) regarding the Service.

Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Skavinski may assign its rights and obligations under these Terms freely to any affiliate or in connection with a merger, acquisition, or sale of assets, or by operation of law.

Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, you can contact us at:

Email: [email protected]

We value communication with our users and will do our best to address your inquiry in a timely manner.