These Terms of Service ("Terms") are a binding legal agreement between you ("you" or "User") and SmartStrikes LLC, an Oregon limited liability company ("SmartStrikes," "we," "us," or "our"), governing your access to and use of the SmartStrikes software application, website, and related services (collectively, the "Service").
Please read these Terms carefully. Section 4 contains important disclaimers regarding investment advice. Sections 13 and 14 limit our liability. Section 17 contains a binding arbitration provision and class action waiver that affect your legal rights.
By creating an account, starting a free trial, subscribing, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
1.1You must have reached the age of majority where you live (and be at least 18) and be legally capable of entering into a binding contract to use the Service.
1.2Data Accounts. Pro's live-data features require your own tastytrade, Inc. ("tastytrade") brokerage account in good standing (Section 3.1); without one, market data requires your own Alpaca API key (Section 3.7). We do not provide brokerage services and never hold or have access to your funds or securities.
1.3United States Only. The Service is offered only to residents of the United States. You represent that you are a U.S. resident, that your use of the Service complies with all laws applicable to you, and that you are not located in a country subject to U.S. embargo or named on a U.S. government restricted-party list.
2. Description of the Service
2.1The Service is a software tool for self-directed traders that provides position tracking, cost-basis accounting, analytics, screening, charting, and data visualization relating to options and equity positions, with particular focus on cash-secured put and covered call ("wheel") strategies.
2.2The Service is informational and analytical software only. It does not execute trades, place orders, route orders, or transmit instructions to any broker. All trading decisions and all order entry are made solely by you, through your own brokerage account.
2.3We may add, modify, suspend, or discontinue features of the Service at any time. We will use commercially reasonable efforts to notify subscribers of material changes that adversely affect core functionality.
2.4Plans. The Service is offered as SmartStrikes Lite and SmartStrikes Pro, each with the features described at the time of purchase. Pro includes the Research features. Pro's live-data features, including live streamed prices, exchange option quotes, implied volatility rank, earnings, liquidity, and live account data, require you to connect your own tastytrade account (Section 3.1). Without a tastytrade connection, Lite and Pro display market data from your own Alpaca account (Section 3.7).
3. Your Brokerage and Third-Party Accounts
3.1Bring Your Own Account. Pro's live-data features require you to connect your own tastytrade account using the OAuth client secret and refresh token that tastytrade issues to you for API access. You are solely responsible for maintaining the confidentiality and security of your credentials. You may not share, resell, or permit any other person to use your credentials or your access to the Service.
3.2Third-Party Terms. Your relationship with tastytrade is governed exclusively by your agreements with tastytrade. Your use of the Service must comply with all applicable tastytrade terms, including any terms governing use of its application programming interfaces and market data. We are not affiliated with, endorsed by, sponsored by, or acting on behalf of tastytrade or any other broker.
3.3Data Imports. The Service may permit you to import transaction data you have exported from other brokerages, including Fidelity. You represent that you have the right to export and upload such data, and that you will upload only data relating to accounts you own or are authorized to access.
3.4Third-Party AI Services. Certain optional features permit you to supply your own API key for a third-party large language model provider. If you enable those features, your data may be transmitted to that provider and will be subject to that provider's terms and privacy policy. You are solely responsible for any fees charged by that provider and for your compliance with its terms. We do not control and are not responsible for the accuracy, availability, or content of any third-party model output. AI-generated output can contain errors and can vary between requests; it is Output under Section 4 and must be independently verified.
3.5In-App Help Assistant. SmartAssist, in the web app, answers questions about how the Service works, using an AI model provided by Anthropic, PBC. Its answers are Output under Section 4: they can be incomplete or wrong, are not financial, investment, tax, or legal advice, and should be checked against the Service itself. Do not enter personal, account, or credential information into it. It is subject to a daily question limit, and we may change, limit, or suspend it at any time. Our Privacy Policy describes what it sends and keeps.
3.6Availability. We do not control third-party services, market data feeds, or broker systems, and we are not responsible for their interruption, delay, inaccuracy, or discontinuation, or for any change in a third party's terms that limits or ends the Service's ability to interoperate with it.
3.7Alpaca Market Data. Without a tastytrade connection, the Service displays market data obtained directly by your device from your own account with Alpaca, using an API key that you obtain from Alpaca and supply. That data is provided to you by Alpaca, for your own use, under your agreements with Alpaca, and you are responsible for complying with them. Alpaca's free option data is indicative: option prices are derived from a pricing model rather than quoted on an exchange. Option prices, premiums, annualized returns, profit and loss, and other Output based on that data are estimates that may differ materially from prices at which you could trade. We are not affiliated with, endorsed by, or sponsored by Alpaca.
4. No Investment Advice
4.1THE SERVICE DOES NOT PROVIDE INVESTMENT ADVICE. SmartStrikes is not a registered investment adviser, broker-dealer, futures commission merchant, commodity trading advisor, or financial planner, and is not registered with the U.S. Securities and Exchange Commission, the Financial Industry Regulatory Authority, the Commodity Futures Trading Commission, or any state securities regulator.
4.2All content, scores, grades, rankings, screens, indicators, calculations, projections, flags, alerts, and analytical output provided through the Service (collectively, "Output") are informational and educational. Output is generated mechanically by applying fixed criteria, or criteria you configure, to market data and to account data you choose to connect or import. Where Output reflects your own positions, it describes and calculates them; it does not evaluate whether any transaction is suitable for you.
4.3Output is not a recommendation, solicitation, offer, or inducement to buy, sell, or hold any security, option, or other financial instrument, and is not tailored to your individual financial situation, investment objectives, risk tolerance, tax position, or particular needs. The Service does not collect or consider your income, net worth, investment objectives, risk tolerance, tax situation or other personal circumstances, and Output does not take them into account.
4.4Any scoring, grading, or suitability language within the Service (including references to how well an instrument matches criteria associated with a given strategy) reflects the mechanical application of criteria to data. It is not a statement that any transaction is appropriate or advisable for you.
4.5You are solely responsible for your own investment decisions. You should consult a licensed financial adviser, broker, attorney, or tax professional regarding your particular circumstances before making any investment decision.
4.6AI Analysis. AI analysis is produced by a third-party model you choose, from your position data and instructions we write. It is Output: it may be wrong, varies between runs, and is not a recommendation. No strike, contract count or timing it mentions is advice to trade.
4.7Personal Trading. Our member and personnel may hold or trade securities and options, including in symbols the Service grades or ranks. Grades and scores are produced by the same criteria for every user and are not adjusted for anyone's positions.
5. Trading Risk Disclosure
5.1TRADING SECURITIES AND OPTIONS INVOLVES SUBSTANTIAL RISK OF LOSS AND IS NOT SUITABLE FOR ALL INVESTORS. You may lose some or all of your invested capital, and in certain strategies your losses may exceed your initial investment.
5.2Selling cash-secured puts, covered calls, and other options strategies carries specific risks, including the obligation to purchase or deliver the underlying security, assignment risk, early assignment, liquidity risk, gap risk, and the risk that losses substantially exceed premium received.
5.3Before trading options you should read the Options Clearing Corporation publication "Characteristics and Risks of Standardized Options," available from your broker.
5.4Past performance is not indicative of future results. Hypothetical, modeled, projected, or backward-looking figures shown in the Service (including annualized return, CAGR, expected move, probability, or allocation figures) are estimates based on assumptions that may not reflect actual results, do not account for all costs and risks, and should not be relied upon as predictions.
6. Market Data and Accuracy
6.1Market data displayed in the Service is obtained from your broker and other third-party sources. Such data may be delayed, interrupted, incomplete, or inaccurate. We do not guarantee the accuracy, timeliness, completeness, or continued availability of any data.
6.2Cost-basis, profit-and-loss, tax-lot, tranche, and performance figures produced by the Service are calculated estimates for informational purposes only. They are not tax records, brokerage statements, or official account records, and they may differ from figures reported by your broker or required for tax reporting.
6.3You must independently verify all data against your official brokerage statements and confirmations before relying on it for any trading, accounting, or tax purpose. Your broker's records control.
6.4The Service is not tax preparation software and does not produce tax advice or tax-compliant reporting. Consult a qualified tax professional.
6.5Estimated Figures. Some figures in the Service are calculated estimates rather than market quotes, including option prices from indicative data (Section 3.7), volatility figures computed from those prices, and the "VIX est." value computed from SPY options. They are provided for information only and may differ materially from published index values or prices available in the market.
6.6No Backup. Data stored in your browser, including imports, can be lost if site data is cleared or evicted by the browser, if you remove it when signing out, or if you reset your PIN, and we cannot recover it. Keep your broker's original exports.
7. Subscriptions, Billing, and Renewal
7.1Fees. Access to paid features requires a subscription at the rates published at the time of purchase. We may change subscription prices prospectively; any price change will not affect your current billing period, and we will provide notice before a changed price takes effect at renewal.
7.2Payment Processing. Payments are processed by Stripe, Inc. and its affiliates, which may act as the reseller or merchant of record for your purchase. We do not receive or store your payment card details. Your payment information is subject to Stripe's terms and privacy policy. You authorize us and our payment processor to charge your payment method for all applicable fees.
7.3Free Trial. We may offer a free trial. One free trial per person and account. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription and your payment method will be charged.
7.4AUTOMATIC RENEWAL. Your subscription renews automatically at the end of each billing period (monthly or annual, as selected) and your payment method will be charged the then-current rate until you cancel.
7.5Cancellation. You may cancel online at any time from Settings in the app, which opens the customer billing portal. Cancellation takes effect at the end of your current paid period. You will retain access through the end of the period for which you have paid.
7.6Refunds. Except where required by applicable law or stated in Sections 7.9, 11.2, and 11.3, fees are non-refundable and we do not provide refunds or credits for partial billing periods, unused time, or periods during which you did not use the Service.
7.7Failed Payments. If a payment fails, we may retry the charge and may suspend or terminate your access until payment is received.
7.8Taxes. Fees are exclusive of applicable sales, use, VAT, or similar taxes, which will be calculated and added at checkout where required.
7.9Changing Plans. You may switch between Lite and Pro within the Service. An upgrade takes effect immediately; the difference in price for the remainder of the current billing period is charged with your next invoice, and a free trial continues to its scheduled end. A downgrade takes effect at the end of the current paid period, or immediately during a free trial. If a change at the period's end cannot be scheduled, we may make it at once and credit the unused portion of your current plan. Switching plans does not change your billing interval. When you move to Lite, the Service stops using your tastytrade connection but keeps it stored, so that it is available again if you return to Pro; you can remove it at any time (Privacy Policy, Section 5.3).
8. License and Acceptable Use
8.1License. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own personal, internal trading purposes.
8.2Restrictions. You may not: (a) copy, modify, translate, or create derivative works of the Service; (b) reverse engineer, decompile, or disassemble the Service, or attempt to derive its source code, algorithms, formulas, or scoring methodology, except to the extent this restriction is unenforceable under applicable law; (c) resell, sublicense, rent, lease, distribute, or provide access to the Service to any third party, or operate a service bureau; (d) redistribute, republish, resell, or otherwise make available any market data obtained through the Service; (e) share your account credentials or permit concurrent use by others; (f) use automated means to scrape, harvest, or extract data from the Service; (g) circumvent any access control, usage limit, or security measure; (h) use the Service to develop a competing product or service; or (i) use the Service for any unlawful purpose or in violation of any applicable securities law or exchange rule.
8.3Market Data Restrictions. Market data made available through the Service originates with tastytrade, Alpaca, or their data providers, and remains subject to their terms. You may use such data only for your own personal, non-commercial trading purposes and may not redistribute it in any form.
9. Intellectual Property
9.1Our Property. The Service, including all software, source code, algorithms, scoring and grading methodologies, indicators, visualizations, user interface, design, text, graphics, and the SmartStrikes name and logo, is owned by SmartStrikes LLC and is protected by copyright, trademark, trade secret, and other intellectual property laws. Except for the limited license in Section 8.1, no rights are granted to you.
9.2Your Data. You retain all rights in the account, transaction, and position data you provide or connect to the Service ("User Data"). You grant us a limited license to host, process, transmit, and display User Data solely to operate and support the Service for you, and to maintain and improve the Service in aggregated or de-identified form that does not identify you.
9.3Feedback. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free right to use it without restriction or compensation.
10. Privacy and Security
10.1Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
10.2We implement commercially reasonable security measures. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for safeguarding your Google account, your PIN, your tastytrade API credentials, and any third-party API keys you supply.
11. Termination
11.1You may stop using the Service and cancel your subscription at any time.
11.2We may suspend or terminate your access, with or without notice, if you breach these Terms, if we reasonably suspect fraudulent or unlawful activity, if required by a third party whose services the Service depends upon, or if we discontinue the Service. If we terminate your subscription without cause, we will refund the unused portion of any prepaid period.
11.3If we discontinue the Service entirely, we will provide reasonable advance notice and a pro-rata refund of any prepaid, unused subscription fees.
11.4Sections 4, 5, 6, 9, 12, 13, 14, 15, 16, and 17 survive termination.
12. Disclaimer of Warranties
12.1THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.
12.2We do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that any data, calculation, score, or output will be accurate, complete, or reliable; or that any defect will be corrected. We make no warranty regarding any trading or financial result.
12.3Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13. Limitation of Liability
13.1To the fullest extent permitted by law, SmartStrikes LLC and its member, officers, employees, contractors, and agents shall not be liable for any trading losses, lost profits, lost opportunity, lost data, or any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the Service, whether based in contract, tort, negligence, strict liability, or otherwise, and even if advised of the possibility of such damages.
13.2In no event shall our total aggregate liability arising out of or relating to these Terms or the Service exceed the greater of (a) the total amount of subscription fees you actually paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
13.3You acknowledge that all trading decisions are yours alone, that we do not execute trades, and that we bear no responsibility for any loss resulting from any trade you place, fail to place, or place in reliance on any Output.
13.4These limitations are a fundamental basis of the bargain and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some may not apply to you. Nothing in these Terms limits liability for fraud, gross negligence or wilful misconduct, or any liability that cannot lawfully be limited.
14. Indemnification
14.1You agree to indemnify, defend, and hold harmless SmartStrikes LLC and its member, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or relating to: (a) your use of the Service; (b) your trading activity or investment decisions; (c) your breach of these Terms; (d) your violation of any agreement with tastytrade or any other third party; or (e) your violation of any applicable law or the rights of any third party.
15. Changes to These Terms
15.1We will post updated Terms with a new "Last Updated" date. For a material change we will ask you to accept the updated Terms in the Service before you continue using it, and we will give subscribers at least 14 days' notice before a change to price, renewal terms, or Section 17 takes effect.
15.2If you do not accept a change, you may cancel. A change does not apply to a dispute that arose before it.
16. Governing Law
16.1These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles.
16.2Subject to Section 17, any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Washington County or Multnomah County, Oregon, and you consent to the personal jurisdiction of those courts.
17. Dispute Resolution; Arbitration; Class Waiver
17.1Informal Resolution. Before initiating any formal proceeding, each party agrees to contact the other and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
17.2BINDING ARBITRATION. Except as provided in Section 17.4, any dispute arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, held by video or in the county where you live. The Federal Arbitration Act governs this section. YOU AND SMARTSTRIKES EACH WAIVE ANY RIGHT TO A JURY TRIAL.
17.3CLASS ACTION WAIVER. You and SmartStrikes agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any class proceeding. If this waiver is found unenforceable for any claim or remedy, that claim or remedy alone is severed and decided in court under Section 16.2 after any arbitrable claims are resolved. Claims for public injunctive relief that the law does not allow to be waived may be brought in court, stayed until arbitration ends.
17.4Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights.
17.5Opt-Out. You may opt out of arbitration by sending written notice to us at the address or email in Section 18.7 within thirty (30) days of first accepting these Terms, stating your name and intent to opt out. Opting out does not affect any other provision of these Terms.
17.6Changes to This Section. A change to this Section 17 does not apply to a claim either party knew of before the change.
18. General
18.1Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.
18.2Severability. If any provision is held unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
18.3No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
18.4Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
18.5Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including market disruptions, third-party service outages, or acts of God.
18.6Relationship. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between you and us. We owe you no fiduciary duty.
18.7Contact. Questions about these Terms may be directed to: SmartStrikes LLC, 14275 SW Mistletoe Dr., Tigard, OR 97223, or support@smartstrikes.app.
18.8Electronic Communications. You agree to receive agreements, notices, disclosures and receipts electronically.
By checking the agreement box and selecting "Agree and continue," creating an account, starting a free trial, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.