TEMPLATE — REQUIRES REVIEW BY A QUALIFIED U.S. ATTORNEY BEFORE PUBLICATION This document is a template that contains [PLACEHOLDER] tags that must be replaced with accurate company-specific information before use. It is drafted in a U.S.-first posture (the primary market) and is not legal advice. The authors are not lawyers. A qualified U.S. attorney must review and finalize this document — including the governing-law, forum-selection, arbitration, and entity choices — before it is published or relied upon. Filling in a single U.S. state for the governing-law and forum placeholders is intended to make these documents internally consistent.
Effective Date: [PLACEHOLDER: MM/DD/YYYY] Last Updated: June 23, 2026
Company: [PLACEHOLDER: Legal Entity Name] ("we", "us", "our") Platform: Nitix — Options Strategy Generation and Backtesting Platform Website: [PLACEHOLDER: https://nitix.app or applicable domain] Contact: [PLACEHOLDER: legal@nitix.app]
1. Acceptance of Terms
By accessing or using Nitix ("Platform"), including our website, web application, APIs, documentation, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not access or use the Services.
You must be at least [PLACEHOLDER: 18] years of age and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Services
Nitix is an options strategy generation and backtesting platform focused on U.S. options markets. The Services include:
- Options strategy creation, visualization, and analysis
- Backtesting of options strategies against historical data
- Strategy screening, filtering, and comparison tools
- Payoff diagrams, Greeks calculations, and risk metrics
- Subscription-based access tiers (Free, Pro, Elite)
- API access (as applicable per subscription tier)
- [PLACEHOLDER: Additional features/services]
Live trading (roadmap — not yet available). Connecting a brokerage account to place live orders is a planned, future feature and is not currently offered. The current scope of the Services is backtesting and analytics only. This scope is consistent with our Financial Disclaimer and Risk Disclosure Statement. If and when live trading is released, it will follow a bring-your-own-broker model in which you hold custody of your funds and your broker executes your orders; we will update these Terms and obtain any required consents before that feature becomes available.
IMPORTANT: The Services are provided for informational and educational purposes only. They do not constitute financial, investment, legal, or tax advice, and [PLACEHOLDER: Legal Entity Name] is not a registered investment adviser or broker-dealer. See our Financial Disclaimer for critical risk disclosures.
3. Account Registration
3.1 Registration
To use the Services, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Keep your account information updated
- Maintain the security of your login credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use at [PLACEHOLDER: security@nitix.app]
3.2 Account Verification
We may, at our discretion:
- Require email verification before granting access
- Request identity verification documents for certain features
- Limit account functionality until verification is complete
- Refuse registration to any person or entity for any lawful reason
3.3 Account Types
The Services are offered in the following subscription tiers:
| Tier | Price | Features |
|---|---|---|
| Free | [PLACEHOLDER: No cost] | [PLACEHOLDER: Limited strategies, basic backtesting, delayed data] |
| Pro | [PLACEHOLDER: USD/month or year — e.g., $29/month] | [PLACEHOLDER: Unlimited strategies, advanced backtesting, real-time data] |
| Elite | [PLACEHOLDER: USD/month or year — e.g., $79/month] | [PLACEHOLDER: All Pro features + API access, priority support, custom indicators] |
Feature availability is subject to change with reasonable notice.
4. Subscription Terms
4.1 Subscription Period
- Subscriptions are billed in advance on a [PLACEHOLDER: monthly / annual] basis
- The subscription period begins on the date of payment confirmation
- Subscriptions automatically renew at the end of each billing period unless cancelled
4.2 Pricing Changes
We reserve the right to change subscription pricing. In the event of a price increase:
- We will provide at least [PLACEHOLDER: 30 days] notice before the change takes effect
- Existing subscribers will be charged the new rate at their next renewal
- You may cancel before the renewal date to avoid the increased charge
4.3 Free Trial (if applicable)
[PLACEHOLDER: If free trials are offered — specify duration, conversion terms, and cancellation requirements.]
4.4 Payment Processing
- Payments are processed by Stripe, Inc. ("Stripe")
- We do not store your full credit/debit card number on our servers
- You authorize us to charge the applicable fees to your payment method
- All prices are in [PLACEHOLDER: USD] unless otherwise stated
- Applicable taxes (e.g., U.S. state and local sales tax, or VAT/GST for non-U.S. customers) are added where required by law; you are responsible for any taxes arising from your use of the Services other than taxes on our net income
5. Refund Policy
5.1 Subscription Refunds
- Monthly subscriptions: [PLACEHOLDER: No refunds / pro-rata refund within X days / full refund within X days]
- Annual subscriptions: [PLACEHOLDER: Pro-rata refund for unused months / no refunds / full refund within X days]
- Refund requests must be submitted to [PLACEHOLDER: billing@nitix.app]
5.2 Eligibility
Refund requests may be considered if:
- Submitted within [PLACEHOLDER: 7/14/30] days of the charge date
- The request includes the reason for the refund
- The account has not been suspended or terminated for a violation of these Terms
5.3 Processing
- Approved refunds will be processed within [PLACEHOLDER: 5–10 business days]
- Refunds will be issued to the original payment method
- [PLACEHOLDER: Refund processing fees may apply]
6. Acceptable Use
6.1 Permitted Use
You may use the Services only for lawful purposes and in accordance with these Terms.
6.2 Prohibited Conduct
You agree not to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of the Platform
- Use automated tools (bots, scrapers, spiders) to access the Services without written permission, except via documented API endpoints within rate limits
- Share your account credentials with third parties or use another user's account
- Attempt to circumvent access controls, subscription restrictions, or usage limits
- Use the Services for any unlawful, fraudulent, or malicious purpose
- Interfere with or disrupt the integrity or performance of the Services
- Upload malicious code, viruses, or harmful content
- Use the Services to develop a competing product or service
- Misrepresent the source of data, strategies, or analysis obtained through the Services
- Use the Services, including any public strategy-sharing feature, to provide investment advice for compensation, to publish or sell trade signals or recommendations, or to otherwise act as an unregistered investment adviser or broker-dealer
- Violate any applicable law, regulation, or exchange rule (including SEC, FINRA, and exchange rules), or applicable U.S. export-control and sanctions laws
- Exploit minors or distribute harmful content
- [PLACEHOLDER: Additional prohibited uses specific to the Platform]
6.3 Rate Limits and Fair Use
We may impose rate limits, storage caps, and fair use policies to ensure equitable access. Exceeding these limits may result in temporary or permanent restrictions on your account.
7. Intellectual Property Rights
7.1 Our Intellectual Property
The Platform and its original content (excluding user-generated content), features, and functionality are and will remain the exclusive property of [PLACEHOLDER: Legal Entity Name] and its licensors. This includes:
- Software, source code, and algorithms
- User interface design and visual elements
- Documentation, tutorials, and help content
- Trademarks, service marks, and branding
- Proprietary market data integrations and processing logic
The Services are protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without prior written consent.
7.2 Your Content
You retain ownership of the content you create or upload to the Platform, including:
- Custom options strategies and configurations
- Uploaded data files
- Saved screeners and watchlists
- Notes and annotations
By submitting content, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, and process that content solely to provide the Services to you.
7.3 User-Generated Content and Public Sharing
The Platform allows you to share strategies, templates, and configurations publicly with other users (e.g., via the community strategy library). When you choose to share content publicly:
- License grant: You grant [PLACEHOLDER: Legal Entity Name] a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content on and through the Platform for the purpose of making it available to other users.
- Visibility: Publicly shared strategies are visible to all Platform users and may be searchable, browsable, and forkable by other users.
- Responsibility: You are solely responsible for any content you share publicly. Do not share strategies you believe contain proprietary or confidential information.
- Moderation: We reserve the right to remove, rename, or restrict access to any publicly shared content at our sole discretion, including content that violates these Terms, is misleading, or may cause harm.
- No investment advice or performance promises: Public strategy sharing is an educational, user-to-user feature. Shared strategies are made available for other users to study, clone, and run for themselves. You may not use it to provide personalized investment advice, to sell or distribute paid trade signals, to solicit clients, or to make guaranteed-return or performance-based marketing claims. [PLACEHOLDER: Legal Entity Name] does not endorse, rank by performance, or guarantee any shared strategy, and nothing shared by users constitutes a recommendation by us.
- Attribution: [PLACEHOLDER: Specify whether attribution is shown when other users view or fork shared strategies.]
- Revocation: You may unshare or delete your publicly shared content at any time through your account settings. Content that has been forked or copied by other users prior to unsharing may remain in their accounts.
By sharing content publicly, you represent and warrant that you have all rights necessary to grant the licenses described in this section.
7.4 Aggregated and Anonymized Data
We may use aggregated, anonymized data derived from usage of the Services for analytics, product improvement, and research. Such data is not subject to the license in Section 7.2.
7.5 Market Data; No Redistribution
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Not a market-data vendor or redistributor. [PLACEHOLDER: Legal Entity Name] is not a market-data vendor, exchange-data recipient, or redistributor. The Platform consumes market data internally to run calculations (backtesting, analytics, Greeks, payoff modeling) and, where live-trading features are made available, to evaluate your strategies server-side. The Platform does not stream, display, or deliver raw market data (quotes, trades, OHLC/OHLCV bars, option chains, greeks, or depth-of-book) to you or any end user.
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No redistribution rights granted. You receive no right to redistribute, retransmit, republish, sublicense, resell, or commercially exploit any market data underlying the Platform's outputs. Backtest results, analytics, and other derived outputs are provided for your internal, personal use only and may not be redistributed to third parties as a data feed, data product, or hosted service.
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Bring-your-own data; your responsibility. To the extent you connect your own data provider or broker account to the Platform, you represent and warrant that you hold all required licenses, entitlements, and subscriptions for that data, and that your use of the data through the Platform complies with your agreement with that provider or broker. You, not [PLACEHOLDER: Legal Entity Name], are solely responsible for obtaining and maintaining the rights to any market data the Platform processes on your behalf, and for any redistribution or display you undertake.
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Third-party licensing. Market data is sourced from third-party providers (e.g., [PLACEHOLDER: Databento, Global Datafeeds (GDFL), Interactive Brokers, Polygon]) under their respective agreements. The availability, scope, latency, and permitted uses of such data are governed by those providers' terms, which may restrict or terminate data access at any time and without notice.
8. Disclaimers
8.1 Not Financial Advice
The Services do not provide financial, investment, legal, tax, or regulatory advice. All information, strategies, backtest results, and analysis provided through the Platform are for informational and educational purposes only.
Past performance, including backtested results, does not guarantee future results. Options trading involves substantial risk and is not suitable for all investors.
See our Financial Disclaimer for complete risk disclosures.
8.2 No Fiduciary Relationship
Your use of the Services does not create a fiduciary, advisory, or broker-client relationship between you and [PLACEHOLDER: Legal Entity Name].
8.3 "As Is" Basis
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including:
- Merchantability and fitness for a particular purpose
- Non-infringement of third-party rights
- Accuracy, completeness, or reliability of data, strategies, or analysis
- Uninterrupted or error-free operation
- Freedom from viruses or harmful components
8.4 Third-Party Content
The Services may include or reference data, tools, or content from third parties (e.g., market data providers). We are not responsible for the accuracy, legality, or reliability of third-party content.
8.5 Third-Party Market Data, Brokers, and Execution; No Reliance
The Platform depends on third-party market-data providers, brokers, exchanges, clearinghouses, and infrastructure providers that we do not control. To the fullest extent permitted by law:
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Data may be delayed, stale, incomplete, or erroneous. Market data, prices, option chains, Greeks, and analytics may be delayed, missing, adjusted, or incorrect, including during periods of high volatility, provider outages, or exchange disruptions. Real-time and historical data may differ, and the data used in backtesting may differ from the data available during live trading. You must independently verify all data before acting on it and must not rely on the Platform as your sole source of market or pricing information.
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Broker and data-provider disconnection and outages. Broker API sessions, data feeds, exchange connectivity, and network infrastructure may fail, disconnect, freeze, rate-limit, or be suspended at any time, including during periods of high volatility. Such failures may prevent order entry, modification, cancellation, accurate position/P&L reporting, or signal generation, and may occur without notice.
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Order execution and price discrepancies. [PLACEHOLDER: If/when live-trading or order-routing features are available,] we do not guarantee that any order will be executed, executed at a displayed or expected price, or executed at all. Execution is performed by your broker, not by us. Prices may move materially between signal generation, order submission, and execution (slippage), and broker fills, prices, or fees may differ from backtested or displayed values.
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Bring-your-own broker; custody. [PLACEHOLDER: If/when live trading is available,] the Platform uses a bring-your-own-broker model. Your funds, securities, and positions remain in your own brokerage account under your broker's custody and agreements; [PLACEHOLDER: Legal Entity Name] does not hold, receive, transmit, or custody your funds or securities, is not a party to your brokerage relationship, and is not a broker, dealer, clearing agent, or custodian. You are responsible for your broker's terms, margin requirements, risk policies, and any applicable exchange or regulatory rules.
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No liability for third-party failures. We are not liable for losses arising from third-party outages, disconnections, delays, errors, price or data discrepancies, broker rejections, or exchange or clearinghouse actions, including any loss of trading opportunity or position resulting therefrom. This supplements, and does not limit, Section 9 (Limitation of Liability).
9. Limitation of Liability
9.1 Limitation
To the maximum extent permitted by applicable law:
- [PLACEHOLDER: Legal Entity Name] and its directors, employees, partners, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
- Our total liability for any claim arising from or related to the Services shall not exceed the greater of: (a) the amount you paid to us in the [PLACEHOLDER: 12 months] preceding the claim, or (b) [PLACEHOLDER: amount in USD — e.g., US$100].
9.2 Exceptions
[PLACEHOLDER: Some jurisdictions do not allow exclusion or limitation of certain liabilities. Nothing in these Terms excludes or limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, fraud, or willful misconduct.]
10. Indemnification
You agree to indemnify and hold harmless [PLACEHOLDER: Legal Entity Name] and its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of or inability to use the Services
- Your violation of these Terms
- Your violation of any applicable law, regulation, or third-party right
- Any content you submit or transmit through the Services
- Your reliance on any information obtained through the Services in making investment decisions
11. Termination
11.1 Termination by You
You may terminate your account at any time by:
- Navigating to Account Settings → [PLACEHOLDER: Delete Account / Cancel Subscription]
- Contacting us at [PLACEHOLDER: support@nitix.app]
Upon termination:
- Your subscription will not renew
- You will lose access to paid features at the end of the current billing period
- We will delete your data in accordance with our Privacy Policy retention schedule
11.2 Termination by Us
We may suspend or terminate your access to the Services, with or without notice, for:
- Violation of these Terms or our Acceptable Use policy
- Fraudulent, abusive, or unlawful activity
- Extended periods of inactivity ([PLACEHOLDER: e.g., 12 months of inactivity on Free tier])
- Non-payment of subscription fees
- [PLACEHOLDER: Other grounds as specified]
We will make reasonable efforts to provide notice of termination via email, except in cases of urgent security or legal concerns.
11.3 Effect of Termination
Upon termination:
- All licenses granted to you under these Terms immediately cease
- Provisions that by their nature should survive (Indemnification, Disclaimers, Limitation of Liability, IP Rights, Governing Law) remain in effect
- We are not liable for any loss of data or content resulting from termination
12. Modifications to Terms
We reserve the right to modify these Terms at any time. We will:
- Post updated Terms on our website with a revised "Last Updated" date
- Provide [PLACEHOLDER: 30 days] notice of material changes via email or in-app notification
- Your continued use after changes take effect constitutes acceptance
If you do not agree with the modified Terms, you must stop using the Services and terminate your account.
13. Governing Law and Dispute Resolution
[ATTORNEY TO FINALIZE] The governing-law, forum, arbitration, class-action-waiver, and jury-trial-waiver provisions below are jurisdiction-sensitive and must be reviewed by a qualified U.S. attorney. Choosing a single U.S. state for the placeholders below makes this Section, the DPA, and the rest of these Terms internally consistent.
13.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of [PLACEHOLDER: U.S. state — e.g., Delaware] and applicable U.S. federal law, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13.2 Dispute Resolution
[PLACEHOLDER: A qualified U.S. attorney should choose and finalize one of the following. Arbitration and class-action waivers are enforceable in many U.S. states but are subject to specific drafting and disclosure requirements.]
Option A — Binding Arbitration (with class-action waiver): Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration administered by [PLACEHOLDER: arbitration provider — e.g., the American Arbitration Association (AAA)] under its [PLACEHOLDER: applicable consumer/commercial] rules then in effect. The arbitration shall be seated in [PLACEHOLDER: county/city, U.S. state] and conducted in English, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this provision. To the extent permitted by law, disputes will be arbitrated on an individual basis only, and you and we waive any right to participate in a class, collective, or representative action. [PLACEHOLDER: Include any required opt-out, small-claims-court carve-out, and fee-allocation terms.]
Option B — Courts: You and [PLACEHOLDER: Legal Entity Name] consent to the exclusive jurisdiction and venue of the state and federal courts located in [PLACEHOLDER: county/city, U.S. state], and waive any objection to such venue. [PLACEHOLDER: Consider including a jury-trial waiver, subject to applicable law.]
13.3 Informal Resolution
Before filing any formal dispute, you agree to first attempt to resolve the matter by contacting us at [PLACEHOLDER: legal@nitix.app]. We will attempt to resolve the dispute within [PLACEHOLDER: 30 days].
14. General Provisions
14.1 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, and Financial Disclaimer, constitute the entire agreement between you and [PLACEHOLDER: Legal Entity Name] regarding the Services.
14.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
14.3 Waiver
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
14.4 Assignment
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign our rights and obligations without restriction.
14.5 Force Majeure
We shall not be liable for any failure to perform obligations due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, government actions, internet outages, or failures of third-party services.
14.6 Export Compliance
You agree not to use the Services in any jurisdiction or in any manner that would violate applicable export control laws and regulations.
15. Contact Information
For questions about these Terms of Service:
- Company: [PLACEHOLDER: Legal Entity Name]
- Email: [PLACEHOLDER: legal@nitix.app]
- Address: [PLACEHOLDER: Principal place of business / registered agent address]
- Phone: [PLACEHOLDER: phone number]
REMINDER: This is a template document. All [PLACEHOLDER] tags must be replaced and the document must be reviewed by a qualified U.S. attorney before publication.