Last Modified: June 9, 2022
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet this requirement, you must not access or use the Services.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Services.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Use of the Services
You acknowledge that your use of the Services is discretionary.
You understand that by choosing or creating a portfolio of stock(s) with an associated automated trading strategy (“Smartfolio”) or any other automated trading feature you are allowing the Services to provide instructions to buy and sell the chosen stocks based on the rules of the selected strategy. Definitions of the Smartfolios can be found on the the Company’s website (https://iflipinvest.com).
You understand that the Services are cloud based and that any orders placed by you, your chosen Smartfolio or any other automated trading feature will be executed regardless of your personal computer or mobile device being on or off.
You shall not use or permit any other party to use the software in connection with any matter of an illegal nature.
You shall not transfer any rights to access the Services or any of the Company’s services to another party. You will comply with instructions given by the Company concerning access to services associated with the use of Services.
The Company is a software as a service company and not a regulated entity. The platform requires information from the associated broker account in order to display to its users their positions and value of their account. You will allow basic transparency of account information (e.g. positions, position size, symbol position, total account liquidity and other information) deemed needed by the Company of your identified linked brokerage account to ensure accuracy and allow the broker dealer holding your account to place trades based on any automated strategies you have selected.
The Company may cancel or suspend access if you fail to observe or perform any of the provisions of this agreement or provide false or misleading information in regard to this agreement or if the Company is of the opinion that you have or may use the service for any unlawful or improper purpose or in a manner that may jeopardize the security or interface in the proper operation of any part of the service.
The Company is not an advisor. For questions relating to suitability and risk tolerance you should contact your Investment Advisor and/or Tax professional.
The results displayed for the Smartfolios or any other automated trading feature are proforma and as such are theoretical. The Services only monitor market information during regular market hours (Monday through Friday). It does not monitor in the pre or after market. Proforma results are updated daily and are subject to change. The Company is not responsible for errors in calculations of the proforma. Proforma results of Smartfolios or any other automated trading feature are for historical reference and educational purposes ONLY and are not to be considered financial advice. Past performance is not indicative of future results. The Company’s Smartfolios and other automated trading features do not constitute advice.
The Company provides analysis information relating to stock market activity and while all reasonable care is used in providing this information, The Company shall not have any liability whatsoever to any party with respect to any loss or damage (including without limitation any financial loss, direct or consequential loss, or loss of other contract). You understand that accuracy of data provided may be affected by many factors, including (but not limited to) Internet connection speeds, third party service providers, and potential software oversights.
Markets at times can be extremely volatile. The buying and selling of stocks based on the usage of the Services is done at your own risk. The Company is not responsible for any gains or losses incurred by any user as a result of using the Services including but not limited to the execution of trades by you, a chosen Smartfolio, or any other automated trading feature.
Premium Services and Billings
The Company’s Services are free. You acknowledge that some of the features, options, or products (“Premium Services”) you use within the Services (e.g. use of certain Smartfolios, certain account types, number of accounts) may incur one time charges or monthly recurring charges (“Fees”). The Company does not issue refunds for Fees. If you cancel the Premium Services at any time, you will have access to the Premium Services through the last day of your given billing period. The Company may at any time and in its sole discretion, alter the Fees and add or remove features to Premium Services.
You agree to allow the Company to debit your broker account the Fees for any Premium Services should you incur them. If you have multiple broker accounts, you may choose the preferred account to be debited, otherwise the Company will choose which account to debit. If the preferred account does not contain enough available cash to cover the Fees, the Company, in its sole discretion, may debit another of your broker accounts that does have enough available cash. If none of your broker accounts have enough available cash to cover the Fees, the Company may liquidate or sell securities or other assets in your account without contacting you to create the available cash needed to cover the Fees. Users who have elected to use other means of payment (e.g. credit or debit card) for any Premium Services agree that in the event that the charges are declined, the Company will debit their brokerage account instead.
Users that have incurred monthly recurring charges but have not deployed the Premium Services for those charges are not entitled to a refund of any past Fees unless they contact The Company or remove the Premium Service within 15 days of their monthly billing period.
Self Directed Account Reporting
Users who use outside custodial services (e.g. Horizon, Entrust) for self-directed retirement accounts agree that, for all such accounts, the tax reporting authority resides with their custodian. User agrees to report at minimum annually and/or upon the closing of their accounts any necessary tax related information i.e. account statements to their custodian of record. User agrees to release The Company, Velox, and TradePro Securities from any liability associated with such accounts including lack of reporting, misreporting, fines and legal expenses associated with any resulting tax consequence as a result of using any outside custodian.
The Company may accept orders and instructions, written or oral, with respect to the account from each account holder, without notice to any other account holder, for adding additional trading accounts, linking bank accounts, transferring money, buying and selling stocks or any other asset class offered, and any other transactions. The Company reserves the right to require joint written instructions by all account holders or a court order at any time.
Bank Linking and Money Transfer
You agree that you authorize all money transfers (Wire, Check, ACH, or other means) (inbound and outbound) you enter for your trading account(s). No money transfer can be recalled after 5 business days of receipt of funds or if any trade transaction has occurred after a completed money transfer prior to 5 business days. You further agree to be responsible for any charge incurred by the Company as a result of rejected or insufficient funds for any incoming ACH transaction. This charge is currently $30 and is subject to change at any time without advanced notice.
For money transfers from joint bank accounts, all account holders agree that each account holder is authorized to transact any business on behalf of the account as fully and completely as if each account holder were the sole owner of the account without notification or agreement of any other account holder.
Intellectual Property Rights
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Services.
The Company name and logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans included in the Services are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material included in the Services.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Services
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Company is based in the State of Wyoming in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. 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 our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 COMPUTER EQUIPMENT, COMPUTER 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 THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVERS THAT MAKES IT AVAILABLE 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, THE COMPANY 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.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In addition, the company shall not be liable for any breach of this agreement caused by an Act of God, insurrection or civil disorder, war or military operations, national or local emergency acts or omissions of Government or other competent authority, industrial disputes of any kind (whether involving THE COMPANY’s employees or contractors), disruption in either the customer’s or company’s internet services, or disruption of services necessary for the company’s operations, fire, lightening, flood, subsidence, inclement weather, acts or omissions of persons for whom the Company is not responsible or any other case outside the control of THE COMPANY.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
The Services are operated by FlipInvestor, Inc., Post Office Box 1045, Jackson Wyoming 83001.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.
This agreement is deemed to have been executed when the customer clicks the “Continue” button on the Terms of Service screen when opening their account.