Terms of Service

1. The agreement and who you are contracting with

These Terms of Service (the “Terms”) form a binding contract between you and Ivolved Systems LLC, a Wyoming limited liability company doing business as Ivolution (“Ivolution,” “we,” “us,” or “our”). Our registered agent in Wyoming is Republic Registered Agent LLC, notices to us may be sent by mail to Ivolved Systems LLC, c/o Republic Registered Agent LLC, 5830 E 2nd St, Ste 7000, Casper, WY 82609, and our contact address for legal notices is legal@ivolution.io.

The Terms govern your access to and use of the Ivolution websites at ivolution.io and terminal.ivolution.io, the Ivolution terminal and any successor application, our published reports and research library, our AI analyst and automated market reads, our TradingView indicators, our Discord community, our application programming interfaces and Model Context Protocol server, and any other product, feature, or content we make available (together, the “Service”).

By creating an account, purchasing or maintaining a subscription, joining our Discord community, installing an Ivolution indicator, or otherwise accessing the Service, you agree to these Terms, to the Privacy Policy, and to the Refund & Cancellation Policy, each of which is incorporated here by reference. If you do not agree, do not use the Service.

Section 20 (Dispute resolution) contains a binding individual arbitration provision, a class-action waiver, and a jury-trial waiver. It affects how claims between you and Ivolution are resolved. Please read it. You may opt out of arbitration by following the procedure in Section 20.9.

If you accept these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is not directed to children, and we do not knowingly permit anyone under 18 to create an account or submit personal information.

You may use the Service only where doing so is lawful for you. You are responsible for compliance with the laws, rules, and regulations that apply to you, including any securities, market-data, tax, employment, or professional-conduct rules that govern your own activity. If you are subject to restrictions imposed by an employer, a regulator, a self-regulatory organization, or a firm at which you are registered or associated, obtaining any required approval before using the Service is your responsibility, not ours.

You may not use the Service if you are barred from doing so under United States law or the law of your jurisdiction, or if you are the subject of sanctions as described in Section 24.

3. Accounts and platform access

Access to paid features is provisioned through Whop, our third-party commerce and membership platform. When you purchase a subscription, Whop creates or links a membership, and Ivolution reads that membership to determine your entitlements. Your relationship with Whop is governed by Whop's own terms and privacy policy in addition to these Terms.

You are responsible for the security of your credentials and for all activity that occurs under your account. Accounts and memberships are personal to a single individual. You may not share, resell, sublicense, lease, or transfer your account, credentials, session tokens, or entitlements, and you may not permit any other person or automated system to use your access. Concurrent use from patterns inconsistent with a single individual, credential sharing, and entitlement resale are each grounds for suspension or termination under Section 25.

Discord community access, where included with your tier, is provisioned by linking your Discord account and is governed by Discord's terms in addition to these Terms and our community rules. TradingView indicators, where included with your tier, are granted to a single named TradingView username and are governed by TradingView's terms in addition to these Terms.

Notify us at support@ivolution.io promptly if you believe your account has been accessed without your authorization.

4. Subscriptions, billing, and automatic renewal

The Service is offered on paid subscription tiers with monthly or annual billing periods. Payments are processed by Whop; Ivolution does not receive or store your full payment-card details.

4.1 Automatic renewal

SUBSCRIPTIONS RENEW AUTOMATICALLY. Unless you cancel before the end of the then-current billing period, your subscription will automatically renew for a further period of the same length, and the payment method on file will be charged the then-current renewal price for your tier plus applicable taxes. Renewal continues on this recurring basis until you cancel.

4.2 Automatic renewal disclosures

This subsection is provided to satisfy the California Automatic Renewal Law, California Business and Professions Code sections 17600 through 17606, and comparable automatic-renewal statutes in other states. The same terms are presented clearly and conspicuously at checkout, in visual proximity to the request for your consent, before you are charged:

• —The subscription continues until cancelled and renews automatically at the end of each billing period.
• —The recurring charge is the price shown for your tier at checkout, plus any applicable taxes. The length of each renewal period — one month or one year, as selected — is shown with it.
• —The renewal price and the date of the next scheduled charge are shown on your Whop membership page at all times.
• —You may cancel at any time, online and without speaking to anyone, from your Whop membership page. Section 5 describes the mechanism.
• —Your affirmative consent to these automatic renewal terms is obtained at checkout, separately from any other term of the transaction, before your payment method is charged.

After you subscribe, an acknowledgment containing the automatic renewal terms, the cancellation policy, and the method of cancellation is delivered to you in a form you can retain. If we offer a free or discounted introductory period, its length, the price that applies when it ends, and the date it ends are disclosed before you consent, and we will provide any advance notice the law requires before the first charge at the post-introductory price.

4.3 Price changes

We may change subscription prices. A price change applies only to billing periods beginning after notice of the change is given. Where a material change to the automatic renewal terms takes effect, we will give you clear and conspicuous notice before it applies and, where the law requires, information about how to cancel. If you do not accept a change, your remedy is to cancel before the change takes effect. Prices in effect for existing subscribers who were granted a legacy or founding rate remain in effect for so long as the subscription is continuous and we state that the rate is preserved.

4.4 Taxes, currency, and failed payments

Prices are stated in United States dollars and exclude taxes, duties, and similar governmental assessments, which are your responsibility except for taxes on our net income. If a charge fails, Whop may retry it in accordance with its own policies, and we may suspend paid access until payment succeeds. You remain responsible for amounts properly due for periods in which access was provided.

5. Cancellation

You may cancel your subscription at any time from your Whop membership page, using the same online medium in which you subscribed and without any additional step such as a telephone call, a chat session, or a retention conversation.

Cancellation stops future renewals. It takes effect at the end of the billing period you have already paid for, and paid access continues until that date unless we terminate earlier under Section 26 or a refund is issued under the Refund & Cancellation Policy. Cancelling does not by itself entitle you to a refund of amounts already charged; refunds are governed by Section 6 and by the Refund & Cancellation Policy.

If you cannot reach your Whop membership page or the cancellation control does not work, contact support@ivolution.io and we will cancel the subscription on your behalf. A cancellation request that reaches us before a renewal date is honored as of that date even if a platform fault delayed it.

6. Refunds

Refunds are governed by the Refund & Cancellation Policy published at /legal/refunds, which is incorporated into these Terms. In summary: a refund is available on request within seven days of a member's first subscription purchase; renewal charges and later billing periods are not refundable except where the law requires otherwise; and nothing in that policy limits a non-waivable statutory right you may have, including under California consumer-protection law or, where applicable to you, a mandatory right of withdrawal under the law of your country of residence.

Where the summary above and the Refund & Cancellation Policy differ, the Refund & Cancellation Policy governs.

7. Licence to use the Service

Subject to these Terms and to payment of the applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service and its outputs for your own internal, individual, non-commercial purposes during your subscription term.

This licence does not transfer ownership of anything. All rights not expressly granted are reserved. The licence terminates automatically when your subscription ends or when these Terms terminate.

You may make reasonable personal use of individual screenshots and figures from the Service in commentary, provided the Ivolution attribution and any watermark remain intact, the material is not presented as your own analysis, and the use is not systematic republication of the Service's outputs.

8. Acceptable use and prohibited conduct

You agree that you will not, and will not attempt to, and will not permit any other person to:

• —share, resell, sublicense, rent, lease, distribute, or otherwise make the Service or its outputs available to any person who is not an authorized user under your own subscription;
• —redistribute, republish, retransmit, syndicate, or commercially exploit any data, analytics, level, report, indicator, chart, or other output of the Service, whether or not for a fee;
• —scrape, crawl, harvest, spider, or use any automated means to extract data from the Service, or access the Service through any interface other than the ones we provide;
• —circumvent, disable, or interfere with any authentication, entitlement, rate-limiting, watermarking, or other protective measure, or access any part of the Service you are not entitled to;
• —reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, model weights, formulas, thresholds, calibration, or underlying data of the Service, except to the extent this restriction is unenforceable under applicable law;
• —use the Service or its outputs to build, train, benchmark, fine-tune, or improve any competing product, machine-learning model, dataset, or analytics service;
• —use the Service to provide investment advisory, brokerage, signal-distribution, managed-account, or copy-trading services to any other person;
• —misrepresent the Service's outputs, present them as personalized advice, or attribute to Ivolution any statement, recommendation, forecast, or performance claim we have not made;
• —upload or transmit malware, interfere with or place unreasonable load on the Service or its infrastructure, or probe or test the vulnerability of any system without our prior written authorization;
• —use the Service for any unlawful purpose, including market manipulation, insider trading, or any activity that violates securities or commodities law; or
• —harass, threaten, defame, or abuse other members, our staff, or our contractors, in Discord or anywhere else the Service provides interaction.

We may investigate suspected violations, and we may suspend or terminate access under Section 26. We may report conduct we reasonably believe to be unlawful to the appropriate authorities.

9. Market data and third-party licensing

The Service is built on market data licensed from third-party vendors and exchanges. Ivolution displays derived analytics computed from that data. The Service does not redistribute raw quotes, raw trade prints, order-book depth, or any vendor's underlying data feed, and no part of the Service is a substitute for a market-data subscription.

Our vendors and the exchanges whose data underlies the Service are intended third-party beneficiaries of this Section. They make no warranty of any kind regarding the data, do not guarantee its accuracy, timeliness, completeness, or sequence, and have no liability to you arising from the Service or from any decision you make in reliance on it. Data may be delayed, interrupted, revised, or withdrawn, and derived analytics inherit any defect in their inputs.

PUBLISHER EXCLUSION. The Service is licensed to individual end users for their own analysis. It is not licensed to, and may not be used by, any market-data vendor, redistributor, index provider, data aggregator, news service, trading-signal service, or other person who would incorporate the Service's outputs into a product or feed offered to third parties. If you fall within that description, you are not permitted to subscribe, and any subscription obtained is void.

When data underlying an analytic is stale, incomplete, or unavailable, the Service is designed to disclose that condition rather than present old values as current. Those disclosures are part of the output; do not treat a value shown alongside a staleness or coverage disclosure as a current or complete measurement.

10. No investment advice and no fiduciary relationship

Ivolution publishes impersonal, regularly scheduled market-structure analysis and educational information. The Service is identical for all subscribers within a tier. It is not tailored to your financial situation, investment objectives, risk tolerance, tax position, or holdings, and it is not, and must not be treated as, investment advice, a recommendation, a solicitation, or an offer to buy, sell, or hold any security, futures contract, option, or other instrument.

Ivolved Systems LLC is not registered with the United States Securities and Exchange Commission, with any state securities regulator, or with the Commodity Futures Trading Commission as an investment adviser, broker-dealer, commodity trading advisor, or in any other capacity. We do not provide personalized investment advice, manage accounts, accept custody of funds or securities, or execute transactions. Our publications are made in reliance on the publisher's exclusion from the definition of investment adviser and comparable exclusions.

No advisory, fiduciary, agency, or professional relationship of any kind is created by your use of the Service, by any communication with our staff or community, or by any response from our AI features. You are a self-directed user. Every decision you make is your own, made on your own analysis and at your own risk, and you are solely responsible for its consequences.

We do not accept payment, of any kind and from any source, to feature, discuss, or omit any security or instrument. We do not solicit, request, receive, or store information about your positions, account balances, or brokerage relationships, and you must not send that information to us or to the AI analyst.

Nothing in the Service should be read as a promise, projection, or assurance about future prices, volatility, ranges, or outcomes. Where the Service describes market structure or mechanics, it is describing a modeled state of the market, not predicting what will happen next.

11. Risk disclosure

This Section is a summary of risk and is not a complete statement of the risks of trading. Read it in full before relying on any part of the Service.

Trading and investing involve substantial risk of loss and are not suitable for every person. You may lose some, all, or in some strategies more than the amount you commit. Only capital whose complete loss you can bear should ever be placed at risk.

Options carry particular risks. An option may expire worthless, causing the total loss of the premium paid. Short option positions can produce losses that substantially exceed the premium received and are theoretically unlimited on the upside. Short-dated and zero-days-to-expiration options are highly sensitive to small moves in the underlying and to the passage of time, can change in value very quickly, may be illiquid at the moment you wish to transact, and can be assigned or settle in ways that produce an outcome different from the one you expected. Assignment, exercise, settlement timing, and the difference between morning-settled and afternoon-settled contracts can each materially change a result. Before trading options you should read the Options Clearing Corporation disclosure document, Characteristics and Risks of Standardized Options, available from your broker and at theocc.com.

Futures and leveraged instruments can produce losses greater than your initial margin and can require additional deposits on short notice. Leverage magnifies losses as readily as gains.

Market conditions can change abruptly. Liquidity can disappear, spreads can widen, quotes can gap, exchanges can halt trading, and orders may not execute at or near the price you expect. Technology fails: data feeds, brokers, exchanges, and this Service can be delayed, interrupted, or wrong.

The Service's analytics are models. They rest on assumptions, on conventions we have chosen, and on third-party data that may be incomplete or revised. A modeled level, exposure, regime classification, or expected-move band is an estimate of a market state at a point in time. It is not a boundary the market must respect, a target, a prediction, or a statement that a particular outcome is likely.

Past performance and historical statistics do not guarantee or indicate future results. Any backtested, simulated, or hypothetical result shown anywhere in the Service is exactly that: hypothetical. Hypothetical results are prepared with the benefit of hindsight, do not represent actual trading, and do not reflect the effect of commissions, fees, financing, slippage, partial fills, capacity limits, or the emotional and operational conditions of live execution. There are frequently sharp differences between hypothetical results and the actual results subsequently achieved. No representation is made that any account will or is likely to achieve any particular result.

Our public track record measures whether the levels and expected-move bands we published were respected by the market in the following session. It is a measure of level accuracy and is scored after the fact with misses shown alongside hits. It is not a profit claim, a win-rate claim, a return figure, or a representation about what any user achieved or could achieve.

Ivolution makes no promise, guarantee, or representation about profitability, income, return, risk reduction, or trading outcome of any kind, and no employee, contractor, community member, or automated feature of the Service is authorized to make one on our behalf. If you encounter such a claim, it is unauthorized and you should not rely on it.

12. AI-generated content

Parts of the Service — including generated reports and market reads and the interactive AI analyst — are produced by automated large-language-model systems and are labelled as such. Numbers presented to you originate in our analytics engine; the model formats, organizes, and explains them. That design reduces but does not eliminate error.

AI output can be incomplete, out of date, internally inconsistent, or simply wrong, including where it appears confident and specific. It is educational information only, is subject to the whole of Section 10, and is never advice or a recommendation. Verify anything you intend to rely on against primary sources before acting.

Do not submit to any AI feature: your positions, balances, brokerage credentials, or account numbers; other people's personal information; confidential, proprietary, or material non-public information; or anything you would not want retained. Section 7 of the Privacy Policy describes how conversations are handled, including a retention period of ninety (90) days and human review limited to investigating abuse, safety, and misuse of the Service.

AI features are delivered with the assistance of third-party model providers. Availability, latency, capability, and behavior may change without notice, and we may add, modify, limit, or withdraw an AI feature at any time. Usage limits may apply and may be adjusted to protect the Service.

13. Intellectual property

The Service and everything in it — software, models, methodologies, calculations, interfaces, designs, charts, indicators, reports, research, documentation, text, graphics, and the Ivolution and Ivolved Systems names, logos, and marks — is owned by Ivolved Systems LLC or its licensors and is protected by copyright, trademark, trade-secret, and other laws.

You may not use our names, logos, or marks without our prior written permission, except in accurate, non-misleading reference to Ivolution. Nothing in these Terms grants you any right in our intellectual property other than the limited licence in Section 7.

14. Your content and feedback

You retain ownership of the content you submit to the Service, including messages, uploads, chart annotations, and community posts (“Your Content”). You grant Ivolution a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, display, and process Your Content for the purposes of operating, securing, supporting, and improving the Service, and to the extent necessary to comply with law.

You represent that you have the rights necessary to grant that licence and that Your Content does not infringe any third party's rights, violate any law, or breach any duty of confidence you owe.

If you send us ideas, suggestions, or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them for any purpose without obligation, attribution, or compensation. We are not obliged to keep feedback confidential.

We may remove or refuse content that violates these Terms or our community rules, but we have no obligation to monitor Your Content and do not endorse anything posted by members.

15. Copyright complaints

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe material available through the Service infringes your copyright, send a written notice to our designated agent that includes: a physical or electronic signature of the owner or a person authorized to act for the owner; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and information reasonably sufficient to let us locate it; your address, telephone number, and email address; a statement that you have a good-faith belief that the use is not authorized by the owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the owner or are authorized to act for the owner.

Designated agent: Ivolved Systems LLC, Attn: Copyright Agent, c/o Republic Registered Agent LLC, 5830 E 2nd St, Ste 7000, Casper, WY 82609. Email: legal@ivolution.io.

If material you posted was removed and you believe the removal was mistaken, you may send a counter-notice containing the elements required by 17 U.S.C. § 512(g). We terminate the accounts of repeat infringers in appropriate circumstances. A notice that materially misrepresents that material is infringing may expose the sender to liability for damages under 17 U.S.C. § 512(f).

16. Third-party services

The Service depends on and links to third-party services, including Whop for commerce and membership, Discord for community, TradingView for charting and indicator distribution, and our hosting, data, and model providers. Those services are operated by others under their own terms and privacy policies. We do not control them, are not responsible for them, and do not endorse any third-party content reached through the Service. Your use of a third-party service is between you and that provider.

An outage, change, restriction, or termination by a third-party provider may interrupt or change the Service. Section 18 and Section 19 apply to any such interruption.

17. Disclaimer of warranties

THE SERVICE, ALL DATA AND ANALYTICS IN IT, AND ALL AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, IVOLVED SYSTEMS LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY DATA, CALCULATION, LEVEL, CLASSIFICATION, REPORT, OR AI OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT AN EXCLUSION IN THIS SECTION IS NOT PERMITTED, IT DOES NOT APPLY TO YOU AND THE DURATION OF ANY WARRANTY THAT CANNOT BE DISCLAIMED IS LIMITED TO THE MINIMUM PERIOD ALLOWED BY LAW.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IVOLVED SYSTEMS LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, TRADING LOSSES, LOST OPPORTUNITY, LOSS OF REVENUE, LOSS OF GOODWILL, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

These limitations are an essential basis of the bargain between us and apply even if a limited remedy fails of its essential purpose. They allocate risk between you and us in exchange for the price of the subscription; without them, the Service could not be offered on these terms.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT US TO LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

CALIFORNIA RESIDENTS. No provision of these Terms operates to waive, limit, or disclaim any right, remedy, or protection that California law makes non-waivable, including under the Consumers Legal Remedies Act (California Civil Code section 1750 and following), the Unfair Competition Law (California Business and Professions Code section 17200 and following), the False Advertising Law (section 17500 and following), the Automatic Renewal Law, and California Civil Code section 1668, which provides that a contract exempting anyone from responsibility for their own fraud, wilful injury, or violation of law is against the policy of the law. To the extent any limitation in this Section would otherwise have that effect as to a California resident, it does not apply and the remainder of the Section stands.

19. Indemnification

You will indemnify, defend, and hold harmless Ivolved Systems LLC and its officers, members, employees, contractors, suppliers, and licensors from and against any claim, demand, action, proceeding, loss, liability, damage, fine, penalty, cost, and expense (including reasonable attorneys' fees) arising out of or relating to: your use of the Service; Your Content; your breach of these Terms or of any law; your infringement or misappropriation of any third party's rights; any trading, investment, or financial decision you make; or your provision of the Service's outputs to any other person.

We will notify you of any claim for which we seek indemnification and may, at our option, control the defence and settlement of that claim with counsel of our choosing at your expense. You may not settle a claim in a way that imposes any obligation or admission on us without our prior written consent.

20. Dispute resolution; binding individual arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND IVOLUTION TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT UNDER SECTION 20.9.

20.1 Informal resolution first

Before starting an arbitration or a court proceeding, you agree to send a written notice of dispute to legal@ivolution.io, or by mail to Ivolved Systems LLC, c/o Republic Registered Agent LLC, 5830 E 2nd St, Ste 7000, Casper, WY 82609, describing the claim and the relief sought, and we agree to send you the same at the email address on your account. Each of us will then negotiate in good faith for sixty (60) days. This step is a condition precedent to arbitration and either of us may enforce it. Any limitations period is tolled while the informal-resolution period runs.

20.2 Agreement to arbitrate

If the dispute is not resolved informally, you and Ivolution agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between us — including the validity, enforceability, or scope of this arbitration agreement, and including claims that arose before these Terms took effect — will be resolved by final and binding individual arbitration and not in court, except as provided in Sections 20.5, 20.6, 20.8, and 20.9. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

20.3 Rules, forum, and costs

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules (or, where those rules do not apply, its Commercial Arbitration Rules), as modified by this Section, before a single arbitrator. The rules and filing forms are available at adr.org. The arbitrator may award any relief available to an individual party in court, must apply the substantive law described in Section 21, and must issue a reasoned written award. The award may be entered in any court of competent jurisdiction. The AAA's fee schedules govern the allocation of filing, administrative, and arbitrator fees, and we will pay any portion the applicable rules require us to pay. If arbitration is initiated at a location that would be unreasonably burdensome to you, the arbitration may proceed by telephone, by videoconference, or on documents at your election, or in the county of your residence.

20.4 Class-action and jury-trial waiver

ARBITRATION IS INDIVIDUAL. YOU AND IVOLUTION EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, 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. If a court decides that this waiver is unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction while all other claims proceed in arbitration.

20.5 Small-claims carve-out

Either of us may bring an individual claim in a small-claims court of competent jurisdiction instead of arbitration, so long as the claim remains in that court and on an individual basis.

20.6 Public injunctive relief

Notwithstanding anything else in this Section, and consistent with McGill v. Citibank, N.A., nothing in these Terms waives, and this Section does not apply to, a claim for public injunctive relief brought under California's Consumers Legal Remedies Act, Unfair Competition Law, or False Advertising Law, or any other claim for public injunctive relief that applicable law makes non-waivable. Any such claim is severed from arbitration and may be brought in a court of competent jurisdiction, and it is stayed pending the outcome of any arbitrable claims. This Section 20.6 is not severable: if it is held unenforceable, the entire agreement to arbitrate in this Section 20 is void.

20.7 Coordinated or mass filings

If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against Ivolution by or with the coordination of the same counsel or organization, the demands will be administered in sequential batches of no more than fifty (50), each batch before a single arbitrator, with the parties cooperating in good faith on batching and on the selection of bellwether cases. Any applicable limitations period and any arbitration-fee obligation is tolled for demands awaiting their batch. Either party may ask a court to enforce this subsection.

20.8 Injunctive relief for intellectual property and misuse

Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent the unauthorized use, redistribution, scraping, or reverse engineering of the Service or the infringement of intellectual-property rights, without waiving the agreement to arbitrate the merits.

20.9 Your right to opt out of arbitration

You may reject this arbitration agreement by emailing legal@ivolution.io, or by writing to Ivolved Systems LLC, c/o Republic Registered Agent LLC, 5830 E 2nd St, Ste 7000, Casper, WY 82609, within thirty (30) days of the date you first accept these Terms, with the subject line or heading “Arbitration Opt-Out” and stating your name, the email address on your account, and that you are opting out of arbitration. Opting out affects nothing else in these Terms, and we will not retaliate for it. If you opt out, Section 21 governs where disputes are heard.

20.10 Changes and survival

If we materially change this Section 20 after you accept it, you may reject the change by emailing legal@ivolution.io within thirty (30) days of notice, in which case the most recent version you accepted continues to apply to claims that have accrued. This Section survives termination of these Terms and the end of your subscription.

21. Governing law and venue

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 20. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute that is not subject to arbitration — including a claim carved out by Section 20.5, 20.6, or 20.8, and any dispute at all if you have opted out under Section 20.9 — you and Ivolution consent to the exclusive jurisdiction and venue of the state courts located in Laramie County, Wyoming, and the United States District Court for the District of Wyoming, and each of us waives any objection to that venue on grounds of inconvenient forum.

If you are a consumer resident in a jurisdiction whose law gives you the right to bring proceedings in your place of residence or entitles you to the protection of mandatory local consumer law, this Section does not deprive you of that right or that protection.

22. Notice for California users

Under California Civil Code section 1789.3, California users are entitled to the following notice: the provider of this service is Ivolved Systems LLC, c/o Republic Registered Agent LLC, 5830 E 2nd St, Ste 7000, Casper, WY 82609. The subscription fees for the service are the amounts disclosed at checkout for the tier and billing period selected, and are shown on your Whop membership page. To file a complaint about the service or to receive further information about its use, contact us in writing at legal@ivolution.io or at the address above. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

23. Electronic communications

You consent to receive communications from us electronically, including by email at the address associated with your account, through the Service, and through the platforms on which the Service is provisioned. Electronic notices satisfy any legal requirement that a communication be in writing, and your electronic acceptance of these Terms has the same effect as a handwritten signature.

Service, security, billing, and legal notices are not marketing and you cannot opt out of them while your account is active. You may withdraw consent to electronic communications generally only by closing your account. Keep the email address on your account current; a notice sent to it is effective when sent.

24. Export controls and sanctions

The Service is provided from the United States and is subject to United States export-control and economic-sanctions laws. You represent that you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive United States sanctions, and that you are not a person listed on any United States government restricted-party list, including the Specially Designated Nationals and Blocked Persons List, or owned or controlled by such a person. You will not access or use the Service in violation of those laws, and you will not export or re-export any part of the Service where doing so is prohibited.

25. Suspension and termination

You may stop using the Service at any time and may cancel your subscription as described in Section 5.

We may suspend or terminate your access, in whole or in part, immediately and without liability, if you breach these Terms, if we reasonably suspect unauthorized sharing or redistribution of the Service, if required by law, by a regulator, or by a data vendor, or if continuing to provide the Service would create a material risk to the Service or to other users. Where the circumstances allow, we will give notice and an opportunity to cure.

We may also discontinue the Service or any part of it. If we discontinue the Service entirely, or if we terminate your access for a reason other than your breach, we will refund the unused portion of any prepaid period on a pro rata basis.

On termination, your licence under Section 7 ends and you must stop using the Service and destroy any copies of its outputs in your possession, other than material retained solely for your own records or as the law requires. Sections 6, 9, 10, 11, 13, 14, 17, 18, 19, 20, 21, 22, and 27 survive termination, along with any other provision that by its nature should survive.

26. Changes to these Terms

We may update these Terms. When we do, we will change the effective date and version shown at the top of this page and, for material changes, give notice by email or through the Service at least fourteen (14) days before the change takes effect, or earlier where a change must take effect immediately for legal or security reasons.

Your continued use of the Service after a change takes effect means you accept the updated Terms. If you do not accept them, cancel your subscription before the effective date. Changes to the arbitration agreement are additionally governed by Section 20.10. Prior versions of these Terms are available on request from legal@ivolution.io.

27. General

Entire agreement. These Terms, together with the Privacy Policy and the Refund & Cancellation Policy, are the entire agreement between you and Ivolution about the Service and supersede all prior understandings, communications, and marketing statements about it.

Severability. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions will remain in full force, except as Section 20.6 expressly provides otherwise.

No waiver. Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless in writing.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including exchange or vendor outages, third-party platform failures, network or power failures, acts of government, and natural events.

Relationship. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and Ivolution.

Third-party beneficiaries. Except for the market-data vendors and exchanges identified in Section 9 and the persons indemnified under Section 19, there are no third-party beneficiaries of these Terms.

Headings and summary. Headings and the plain-English summary at the top of this page are for convenience only and do not affect interpretation.

Language. These Terms are written in English. Any translation is provided for convenience, and the English version governs.

28. Contact

Ivolved Systems LLC, doing business as Ivolution. Notices by mail: c/o Republic Registered Agent LLC, 5830 E 2nd St, Ste 7000, Casper, WY 82609.

• —Legal notices and arbitration opt-outs: legal@ivolution.io
• —Privacy requests: privacy@ivolution.io
• —Billing, cancellation, refunds, and general support: support@ivolution.io