Terms & Conditions

    TREEOVA TECHNOLOGIES INC SUBSCRIPTION AND TRADING AGREEMENT

    Last Updated: March 10, 2025

    By agreeing to these terms and conditions, you acknowledge and accept the following:

    Overview of Services

    Treeova Technologies Inc ("Treeova") provides software tools for creating automated stock options trading strategies, including features for automation, prompt sharing via the Strategy Marketplace, risk management, and performance tracking. These tools connect to your brokerage account via a secure API, allowing Treeova to execute trades based on your settings while keeping your trade parameters confidential. Treeova is not a brokerage, does not hold or access your funds, and cannot deposit or withdraw money from your brokerage account. Your funds remain in your brokerage account at all times.

    To use Treeova's services, you must provide your brokerage's "Production" API key (not "Sandbox" keys for paper trading). Treeova requires your total account value to calculate trade sizes and risk parameters based on your settings.

    Risk of Use

    Using Treeova's services, including automated trading and prompt sharing, involves significant financial risks. You are strongly encouraged to test strategies using Treeova's "paper trading" feature before engaging in live trading to evaluate performance and risk. Live trading may result in partial or total loss of funds in your brokerage account. No trading tool is infallible, and your success depends on your skill, knowledge, and use of the tools. You are responsible for conducting due diligence to determine if Treeova's services are suitable for your financial situation, market conditions, and risk tolerance.

    Your assets are not insured against losses by the Federal Deposit Insurance Corporation (FDIC), Securities Investor Protection Corporation (SIPC), or any comparable insurance. You use Treeova's services at your own risk, and your success or failure depends entirely on your decisions and application of the tools.

    Strategy Creators

    "Strategy Creators" are individual users of Treeova's platform who share their prompts and tuned agent settings via the Strategy Marketplace. They are not:

    • Registered or qualified with the Securities and Exchange Commission (SEC) or Commodities Futures Trading Commission (CFTC).
    • Affiliated with any state securities agency, exchange, or association.
    • Investment advisors under the Investment Advisors Act of 1940.
    • Employed by a bank or exempt organization.
    • Acting as fund managers, trustees, or custodians for others' funds.

    By using shared prompts from Strategy Creators, you release Strategy Creators from liability for any losses or damages resulting from trades executed using their shared settings. You accept all risks associated with prompt sharing and waive any right to pursue claims against Strategy Creators or Treeova for losses incurred.

    Prompt Sharing Terms

    Prompt sharing allows you to browse and apply the shared prompts and tuned agent settings of a selected Strategy Creator via the Strategy Marketplace. The performance of your account, including gains or losses, depends on the Strategy Creator's shared settings, market conditions, and use of Treeova's tools. You retain control by setting risk parameters, such as the percentage of your account allocated to strategies and automated risk management settings (e.g., stop-loss or profit-taking).

    You are solely responsible for choosing a Strategy Creator based on your own research and due diligence. Neither Treeova nor Strategy Creators are liable for any representations, advertisements, or communications that influence your decision to participate. Treeova does not provide financial advice, investment advisory services, or portfolio management. Strategy Creators are independent users, not employees of Treeova, and Treeova's role is limited to providing the platform for the Strategy Marketplace.

    Strategy Creator Responsibilities

    As a Strategy Creator, you acknowledge a responsibility to users who apply your shared prompts and settings. Their gains and losses may be influenced by your shared configurations and their own risk settings. Your ability to maintain Strategy Creator status depends on a "Strategy Creator Score," determined by Treeova at its discretion. If your score falls below Treeova's standards or you violate terms, your Strategy Creator account may be flagged, suspended, or terminated, potentially removing your shared prompts from the Strategy Marketplace to protect subscribers. Termination as a Strategy Creator does not necessarily affect your access to Treeova's standard subscription for personal trading, subject to Treeova's discretion.

    Treeova may terminate any account, without refund, for reasons including but not limited to:

    • Violation of terms, guidelines, or policies.
    • Suspected fraud, abuse, or illegal activity.
    • Consistent subscriber losses over a period.
    • Defamation, slander, or harmful actions against Treeova or its users.

    Treeova may modify its policies, scorecards, or Strategy Marketplace parameters at its discretion without notice to improve performance or protect users.

    Affiliate Program

    Affiliates promote Treeova's services and may earn incentives based on subscription fees from referred users, subject to Treeova's discretion. Affiliates are not employees and are responsible for their own tax reporting, including IRS Form 1099 compliance. Treeova may require reimbursement of overpayments if subscribers default.

    Effective Date and Termination

    This agreement takes effect upon your acceptance and remains in force for three years (36 months) after you stop paying subscription fees or your account is terminated, to protect Treeova's confidential technology. You may terminate your account by discontinuing subscription payments, but the agreement's terms remain binding for the specified period.

    Modifications and Suspension

    Treeova may modify this agreement or its services at any time without notice. Continued use of the services after changes constitutes acceptance of the updated terms. Treeova may suspend, restrict, or terminate your account for reasons including:

    • Suspected fraud, abuse, or illegal activity.
    • Breach of this agreement, including attempts to copy Treeova's technology or breach confidentiality.
    • Inappropriate conduct on Treeova's platforms (e.g., forums or Discord), such as discrimination or hate speech.

    If your account is terminated, Treeova may or may not provide notice. You may contact Treeova to discuss resolution (see "Dispute Resolution").

    Gain/Loss Information and Taxes

    Performance data provided by Treeova is for informational purposes only and should not be used for tax reporting. Treeova does not provide tax, legal, or accounting advice, nor does it issue IRS forms (e.g., Form 1099) unless required for affiliates. Consult your brokerage or a professional advisor for tax-related matters. Subscription fees may not include applicable taxes or credit card fees, which may increase the total cost.

    No Investment Advice

    Treeova does not provide investment advice, portfolio management, or recommendations to buy, sell, or hold securities. You are responsible for evaluating whether Treeova's tools and strategies suit your financial goals, risk tolerance, and circumstances. Consult professional advisors before making investment decisions.

    Confidentiality

    Treeova's services, including its intellectual property (e.g., algorithms, trading methodologies, and software), are for your personal use only. You agree not to share, transmit, or use Treeova's proprietary information to harm, compete against, or reduce Treeova's benefits.

    Privacy of Data

    Treeova collects data, such as your brokerage account value and API keys, to process trades and improve services. This data may be used for analytics and internal purposes but will not be shared or sold outside Treeova's necessary operations. By using the platform, you consent to the use of cookies.

    Disclaimer of Liability

    Treeova is not a registered broker-dealer or investment advisor. No representation is made that any account will achieve profits or losses similar to those shown in historical data. Past performance does not guarantee future results. Per CFTC Rule 4.41, hypothetical or simulated performance results have limitations, as they do not reflect actual trading and may not account for market factors like liquidity.

    Treeova, its affiliates, and Strategy Creators are not liable for losses, damages, or expenses arising from:

    • Errors, delays, or failures in platform performance, data transmission, or automated features.
    • Inaccuracies or omissions in data provided.
    • Any actions or decisions by Strategy Creators or users.

    Disclaimer of Warranties

    Treeova's services are provided "as is" and "as available," without warranties of accuracy, reliability, or uninterrupted access. Treeova does not guarantee that its platform will be error-free, secure, or free from viruses or defects. Services may be discontinued at Treeova's discretion without liability.

    Indemnification

    You agree to hold Treeova, its affiliates, Strategy Creators, and related parties harmless from any claims, losses, or damages (including legal fees) arising from your use of the platform, including losses due to errors, omissions, or misrepresentations.

    Governing Law and Jurisdiction

    This agreement is governed by the laws of Utah, without regard to conflict of law principles. Treeova's services are intended for U.S. citizens over 18 and are not offered in jurisdictions where such services would violate local laws.

    Dispute Resolution

    Disputes under this agreement must first be addressed through good-faith negotiations. If unresolved, disputes will be settled through binding arbitration under the American Arbitration Association's rules in Utah. You are responsible for your own legal fees unless a court determines otherwise. You waive any right to a jury trial.

    Severability

    If any provision of this agreement is found invalid or unenforceable, it will be severed, and the remaining provisions will remain in effect.

    Force Majeure

    Treeova is not liable for delays, losses, or damages caused by events beyond its control, such as natural disasters, war, power failures, or software malfunctions.

    Entire Agreement

    This agreement constitutes the entire understanding between you and Treeova, superseding any prior representations or communications. You acknowledge that you have read and understood these terms, have had the opportunity to seek legal counsel, and accept them voluntarily.

    Recommendation

    Treeova may update this agreement without notice. Retain a copy for your records.