Terms of Use

GENERAL

Financial Samurai Ltd. (“Samurai”) makes various information, materials and Services available to you on its website and applications, as applicable, subject to the following terms and conditions. By accessing Samurai’s website, application (if applicable), software platforms and/or any of its services, including without limitations, any options trading tools and strategies (the “Services”), you agree to the terms and conditions outlined below. Samurai reserves the right to change these terms of use from time to time at its sole discretion. Any changes are effective immediately when we post them and apply to all access and use of Samurai’s Services. Your continued use of any Services confirms your acceptance of our terms of use, as amended from time to time. If you do not agree to our terms of use, please stop using the Services. You are encouraged to review our terms of use from time to time in order to make sure you are familiar with the most updated version.

Samurai’s Services and all information and content included in them are presented solely for informational purposes. No offer or solicitation to buy or sell securities, securities derivative or futures products of any kind, or any type of trading or investment advice, recommendation or strategy, is made, given or in any manner endorsed by Samurai and such Services and all included information is not an offer or solicitation of any kind in any jurisdiction where Samurai is not authorized to do business.

When using any of the Services, you may be subject to additional terms of use, guidelines or rules applicable to these specific services and which we may post online from time to time at our discretion (the “Guidelines”). All Guidelines are hereby incorporated into these terms of use by reference and unless specifically stated otherwise, any reference to these terms of use shall also include the Guidelines.

Samurai may subcontract any of the Services to third parties provided that your rights hereunder shall not be impaired. In the event that any Services are subcontracted, we will remain the party responsible for the provision of the Services to you, unless specifically set forth in the terms of use. Samurai may change, remove or add any of the Services at its absolute discretion and without the need to provide prior notice of any kind.

REGISTRATION AND YOUR ACCOUNT

In order to use the Services, you must register and create an account. As part of the registration, you will be asked to provide us with certain information. The information you provide us must be accurate. Please note that we do not verify any information and are not liable to any errors or incorrect information provided to us by yourself. In case you change any part of your information, please update your profile accordingly.

You are responsible for maintaining the confidentiality of your account and for restricting access to your computer and/or mobile phone, and you agree to accept responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Samurai is not responsible for third party access to your account that results from theft or misappropriation of your account, computer or mobile phone or your personal details. Samurai reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion. If you think that someone has gained access to your account, please immediately reach out to us.

You may not create more than one account for yourself. In addition, you may not create another account if we have already disabled, suspended or terminated your account, unless you have our written permission to do so. You will not log in or attempt to access the Services through unauthorized third-party applications or clients.

CERTAIN LIMITATIONS ON USING THE SERVICES

You must use the Services only for legal, authorized and private purposes. Using the Services for unlawful purposes, for commercial purposes or in any other way than intended and permitted by Samurai, may lead to your account being suspended or terminated, as well as to the initiation of legal proceedings against you.

For the avoidance of any doubt, you may only use the Services for private non-commercial purposes. This means that you can only open an account for yourself as a private person and not as a business or company that you operate or own. Any indication that your account is being used for a commercial purpose may lead among others to your account being suspended or terminated.

Without limiting the generality of the above, you will not (and will not allow, cause or assist others to) use the Services in ways that: (a) violate, misappropriate, or infringe the rights of Samurai, our users, or others, including without limitations, any privacy or data protection rights, any intellectual property rights (including moral rights), any consumer rights, etc.; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, racially, or otherwise offensive; (c) constitute fraud, making false statements or representations.

In addition, by using the Services, you agree that, in addition to exercising common sense in using the Services, you shall not, under any circumstances: (a) breach any provision of applicable law, regulation, any third party's terms of use or policies or any other contractual obligation, or encourage others to do so; (b) harass or bully others, or promote violence or hatred towards others; (c) share, disclose, distribute or otherwise use (unless specifically approved in writing) others’ information; or (d) post, send or share content of any kind that is illegal, harmful, spam, objectionable, false or otherwise misleading.

Under no circumstances are you allowed to use our Services in any other way than of a natural person viewing and using the Services in the normal course of using any device, including, without limitation, browsing through online, mobile or any other technology or platform. Using robots, bots, crawlers, scrapers or other automated means together with the Services is strictly forbidden, except through integrations, interfaces or tools that Samurai expressly makes available or authorizes in writing.

You will not (and will not allow, cause or assist others to) access, copy, modify, prepare derivative from, distribute, license or otherwise use the Services in ways that burden, impair, or harm us, the Services, our users or other third parties. You will not: (a) reverse engineer, modify, decompile, or extract code from the Services; (b) send or store viruses or other harmful software; (c) interfere with the performance of the Services; or (d) collect information of or about our users in any unauthorized way.

Some resources of the Services, such as (but not limited to) scans, monitors and trades in the trade log, are provided with a quota or on an "unlimited" basis. Such resources are intended for individual (non-professional, non-commercial) fair use. If Samurai deems the usage too intensive, we reserve the right to limit the usage and/or suspend or terminate the account.

FEES AND OTHER PAYMENTS ISSUES

We may charge various fees and commissions in connection with the provision of the Services, including, without limitations, services fees, subscription fees and other fees. The fees and payments schemes used for the Services as well as the rules regarding how you will be charged for the Services will be the rules in effect at the time of your initial purchase of any such paid Services. Samurai may change such fees and payment schemes and rules from time to time at its sole and absolute discretion, provided that such changes shall not be retroactive.

In order to use any paid Services, you will probably be asked to provide us with additional registration details, including without limitations, valid credit card information or other form of payment as shall be decided by Samurai from time to time at its discretion.

Our cancellation/refund policies will always be subject to applicable law, may include cancellation fees and may change from time to time. Different cancellation/refund policies may apply to different subscriptions and to other specific Services provided by us. Cancellation/refund fees may also be determined based on the stage of the Services at the time of the cancellation/refund request, the actual expenses incurred by us in providing the Services, etc.

CANCELLATION AND REFUND POLICY

All subscriptions have trial periods. During that time, you don't need to enter your payment details.

After entering your payment details, you will be billed immediately according to your chosen plan, and your premium subscription will start. All plans are recurring unless stated otherwise in advance.

You can cancel your plan anytime, and you will not be billed again in the next billing cycle. Your account will remain active for the duration of your paid period. Cancelation is easy: You can do it yourself from the payment dashboard or ask our support for help.

All initial payments are final, and we do not offer refunds on initial payments. If you are unsure about the long-term commitment, you can start on the monthly plan and change to the annual one later.

All monthly plans (initial and renewals) are non-refundable. We offer a full refund only for annual renewals within the first 7 (seven) calendar days after renewal. Just send a request to our support team, and we will take care of it for you. Once we've sent an acknowledgment, you should see the refund in the same payment method in up to 7 business days (usually sooner).

NO INVESTMENT ADVICE; TRADING RISKS

Trading stocks, futures, stock options and futures options involves substantial risk of loss and is not suitable for all investors. Past performance is not necessarily indicative of future results.

Samurai provides financial information and tools for general educational and research purposes only, and does not provide any investment advice, personalized or general, to any user. Samurai and its employees are not financial planners, brokers, dealers, investment advisors or tax advisors. Nothing in the Services is a recommendation or solicitation to buy, sell or hold any investment or security of any kind. There is no guarantee that you will make money or that you will not lose money by using the Services or following any research, scan, strategy or trade presented through them.

The Services are based on opinions and research conducted by our team and others we deem trustworthy. We do not guarantee that the data is accurate or complete. You are solely responsible for deciding which investment and trading strategies, asset allocation and level of risk are suitable for you before making any investment decision.

DISCLAIMERS; NO WARRANTIES

Except as expressly provided otherwise in an agreement between you and Samurai, if applicable, all Services, information, software and system performance offered or provided by Samurai are offered and/or provided on an “as is” basis and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular use or purpose.

You may use Samurai’s Services at your own risk only. In no event shall Samurai be liable for any special, incidental, indirect or consequential damages of any kind, or any financial losses or damages whatsoever, including, without limitation, those resulting from loss of (or errors in) service, software or data, whether or not Samurai or its representatives have been advised of the possibility of such damages, and regardless of the theory of liability.

Samurai’s Services could, and likely do, include some technical and other inaccuracies and errors. In addition, changes are periodically made to the information on Samurai’s platform, website or application (if applicable) without advance notice of any kind. Samurai may also make improvements and/or changes in the Services at any time without advance notice of any kind.

Account access, orders executions and system response and performance may be adversely affected, including delays and failures, as a result of, among others, market volatility, high share volume, other market fluctuations, illiquidity, market conditions and risks, system and software errors, data or server outages, internet system problems or other causes and factors.

You understand that we cannot and do not guarantee or warrant that the Services will be free of viruses or other malicious software. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, SAMURAI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SAMURAI NOR ANY PERSON ASSOCIATED WITH SAMURAI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SAMURAI NOR ANYONE ASSOCIATED WITH SAMURAI REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, SAMURAI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Samurai, each of its shareholders, directors, affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of use or your use of the Services other than as expressly authorized in these terms of use or otherwise as indicated from time to time by Samurai or your use of any information obtained through the Services.

LIMITATION OF LIABILITY

SAMURAI WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT DAMAGE, INCLUDING WITHOUT LIMITATIONS, ANY LOST PROFITS OR ANY OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THE SERVICES, EVEN IF SAMURAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SAMURAI’S AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THE SERVICES WILL NOT EXCEED THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTH PERIOD PRECEDING THE APPLICABLE EVENT.

THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, SAMURAI’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INTELLECTUAL PROPERTY RIGHTS

Samurai is and shall remain the exclusive owner of intellectual property rights, including without limitations, all copyrights, trademarks, tradenames, domains, logos, trade secrets, know how, patents, inventions, and other intellectual property rights associated with the Services, including any changes, enhancement, improvements or alterations thereof. We hereby grant you a personal, limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Services, subject to and in accordance with our terms of use, for the sole purpose of enabling you to use the Services, as permitted by our terms of use.

You may not use our intellectual property rights, including without limitations, our trademarks, tradenames, domains and logos, unless you have our express permission which we may withhold at our discretion.

In case that you provide us with any feedback about the Services, you agree that we may use such feedback without any obligation to compensate you for it and without any limitations whatsoever.

GOVERNING LAW AND JURISDICTION

By accessing the Services you agree that all matters relating to your access to, or use of, the Services shall be governed by the laws of the State of Israel, without regard to any conflicts of laws principles. You agree and hereby submit to the exclusive jurisdiction and venue of the competent courts of Tel Aviv, Israel, with respect to all such matters.

THIRD PARTY MATERIALS AND LINKS

The Services may contain references and links to other companies and/or their websites, none of which is under the control of Samurai. Samurai makes no representations, warranties or endorsements whatsoever about any other websites to which you may have access through the Services or any products or services of those other companies, even if the products or services of those other companies or their websites are described or offered through the Services or integrated with the Services.

WAIVER AND SEVERABILITY

No waiver by Samurai of any term or condition set out in these terms of use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Samurai to assert a right or provision shall not constitute a waiver of such right or provision. If any provision of these terms of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of these terms of use will continue in full force and effect.

TERMINATION

We may suspend or terminate your account without notice for any reason, including, but not limited to, a violation or a suspected violation of these terms of use or the spirit of these terms of use, extended periods of inactivity, fraudulent, harassing or abusive behavior, illegal or improper use of your account, illegal or improper use of the Services or behavior that is harmful to other Samurai users, third parties, the community ethos of our Services or our business interests - all as determined by Samurai in its sole discretion.

We are not required to provide you with any notice before suspending or terminating your account. In the event that we terminate your account, you may not register for the Services again without our expressed permission. In addition, if we believe, in our sole discretion, that a violation of these terms of use or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate.

We reserve the right to investigate suspected violations of these terms of use or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated these terms of use or to have engaged in illegal behavior.

Please note that any suspension or termination of your account shall not affect your obligations to us under these terms of use (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.