Terms of Service

Apex Flow (markethoes.us) is operated by Apex Flow, based in Nashville, Tennessee, United States ("the Service," "we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of the Apex Flow dashboard and all related services.

1. Eligibility

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is greater), to create an account or use the Service. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

2. Nature of Service

Apex Flow provides a real-time options flow visualization and data analytics dashboard designed exclusively for educational and informational purposes.

3. No Guarantee of Accuracy

The information displayed on the dashboard is derived from third-party data sources including, but not limited to, Yahoo Finance, Polygon.io, and Alpha Vantage. We make no representation or warranty, express or implied, regarding:

• The accuracy, completeness, reliability, or timeliness of any data displayed
• The correctness of any calculated metrics, Greek exposures, or flow classifications
• The availability, uptime, or uninterrupted operation of the Service
• The performance of any strategy, signal, or pattern identified by the dashboard

Data may be delayed, incomplete, or incorrect. Options trading involves significant risk of loss, including the potential loss of your entire investment. Past performance of any signal, strategy, or indicator does not guarantee or indicate future results.

4. Assumption of Risk & Limitation of Liability

To the maximum extent permitted by applicable law:

• Apex Flow, its owners, operators, employees, affiliates, and contractors shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising from or related to your use of or reliance on the Service
• This includes, without limitation, damages for loss of profits, trading losses, loss of data, loss of goodwill, or other intangible losses
• This limitation applies regardless of the legal theory upon which the claim is based, whether contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages
• This is an educational tool. You acknowledge that no damages of any kind are recoverable from Apex Flow, its owners, operators, or affiliates under any circumstances. By using the Service, you waive any and all claims for monetary damages, equitable relief, or any other remedy related to the Service or its content
• In the event a court of competent jurisdiction determines that liability exists notwithstanding this waiver, our total cumulative liability to you for any and all claims shall not exceed zero dollars ($0.00)

5. Indemnification

You agree to indemnify, defend, and hold harmless Apex Flow, its owners, operators, employees, affiliates, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or reliance on the Service
• Any trading or investment decisions you make
• Your violation of these Terms or any applicable law or regulation
• Any unauthorized use of your account or credentials
• Any claim by a third party arising from your actions related to the Service

6. Subscription, Billing & Refunds

• The Service is offered on a monthly subscription basis at $24.99 per month, billed through Stripe, our third-party payment processor
• By subscribing, you authorize recurring monthly charges to your designated payment method on each billing anniversary
• You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period; you will retain access until that date
• Refunds: Refunds are available only upon direct request to the Service operator. We will review and process refund requests at our reasonable discretion. No refunds will be issued for accounts terminated due to violation of these Terms, including but not limited to account sharing, prohibited conduct, or payment chargebacks
• We reserve the right to modify pricing with thirty (30) days' advance notice. Continued use after a price change constitutes acceptance of the new pricing

7. Account Security, IP Tracking & Anti-Sharing Policy

By using the Service, you acknowledge and consent to the following:

• IP Address Logging: We log the IP address associated with every login attempt and active session. This data is stored and used to detect unauthorized account sharing
• Device & Browser Information: We may collect user agent strings and other technical identifiers to monitor for concurrent or suspicious access patterns
• Sharing Detection: If our systems detect access from multiple distinct IP addresses, geographic locations, or devices that indicate credential sharing, we reserve the right to take immediate action at our sole discretion

Consequences of Account Sharing

If we determine, at our sole discretion, that account credentials have been shared with unauthorized individuals:

• Your account will be immediately and permanently terminated
• All active sessions will be revoked instantly
• Your subscription will be cancelled with no refund for the current or any prior billing period
• You will be permanently banned from creating new accounts
• We reserve the right to pursue any additional remedies available under applicable law

You are solely responsible for maintaining the confidentiality of your account credentials. Any activity that occurs under your account is your responsibility.

8. Prohibited Conduct

You agree not to:

• Share, sell, lease, sublicense, or otherwise distribute your account credentials to any third party
• Access the Service through automated means (bots, scrapers, scripts) without prior written consent
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Redistribute, republish, rebroadcast, or commercially exploit any data, signals, or content from the dashboard
• Use the Service for any illegal purpose or in violation of any applicable law or regulation
• Attempt to circumvent any security measures, access controls, or rate limits
• Interfere with or disrupt the Service or any servers or networks connected to the Service
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity

9. Intellectual Property

All content, code, design, data presentations, strategy engines, algorithms, trade names, logos, and branding associated with Apex Flow are the proprietary property of the Service operator and are protected by applicable intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and view the dashboard for your personal educational use only. No other rights are granted.

10. Termination

We reserve the right to suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice, including but not limited to:

• Violation of any provision of these Terms
• Account sharing or credential distribution
• Abusive, fraudulent, or illegal activity
• Non-payment, failed charges, or payment disputes (chargebacks)
• Any conduct that we determine, at our sole discretion, is harmful to the Service, other users, or third parties

Upon termination, your right to access and use the Service ceases immediately. No refund will be issued for termination resulting from a violation of these Terms.

11. Service Modifications

We reserve the right to modify, update, suspend, or discontinue any aspect of the Service at any time and without prior notice. This includes changes to features, data sources, strategy engines, user interface, pricing, and availability. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

12. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy, including IP address tracking and device fingerprinting for security and anti-sharing enforcement purposes.

13. Dispute Resolution & Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in Davidson County, Nashville, Tennessee. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: You and Apex Flow agree that any arbitration or court proceeding shall be conducted only on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Apex Flow.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction located in Davidson County, Tennessee, to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles. To the extent that any legal action is permitted outside of arbitration, such action shall be subject to the exclusive jurisdiction of the state and federal courts located in Davidson County, Tennessee, and you hereby consent to the personal jurisdiction of such courts.

15. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of government, internet or telecommunications failures, power outages, third-party data provider outages, cyberattacks, pandemics, war, terrorism, or labor disputes.

16. Electronic Communications

By creating an account, you consent to receive electronic communications from us, including but not limited to account notifications, service updates, billing notices, and security alerts. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

17. Changes to These Terms

We may update or modify these Terms from time to time at our sole discretion. When we do, we will post the revised version on this page with a new "Last Updated" date. Material changes may also be communicated via email or a notice on the Service. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

18. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Apex Flow regarding your use of the Service. These Terms supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, with respect to the Service.

20. Contact Information

For questions, concerns, or requests regarding these Terms of Service, refund requests, or account matters, please contact us at: