Terms of Service
Read these first. (1) We are a software and information company, not your adviser or broker. Every trading decision is yours. (2) Options can lose money fast, and some positions can lose more than you paid. (3) Our test results are hypothetical, not real trading. (4) When access ends, paid features lock, but you can always view and close your positions. (5) Section 23 requires most disputes to go to individual arbitration instead of court, and you have 30 days to opt out.
1. Agreement
These Terms are a binding agreement between you and Zul Spot LLC, a Florida limited liability company (“Zul Spot”, “we”, “us”), for The Silent Investor website, dashboard, iOS app, emails and alerts (the “Service”). By using the Service or joining the waitlist, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. What the Service is
The Silent Investor is software that researches, monitors and reports on defined-risk options strategies on S&P 500 index products (such as SPX and XSP). It has two parts:
- The app, which you install and run on your own computer. It connects to your brokerage account using API access you get from your broker in your own name. Everything it does in your account happens on your computer, under settings you choose.
- Our online services: your account, billing, license checks, and features that run on our servers, such as signals, research and alerts.
We never connect to, see, or act on your brokerage account, and we never hold, receive or move your money or securities. As of the date above, subscriptions are not on sale yet; automated trading runs only in our founder’s own account, with his own money.
3. Not investment advice
Everything the Service provides — research, scorecards, backtests, strategy descriptions, alerts, “entry” or “exit” signals, picks, simulations, charts and emails (together, “Materials”) — is general information and software output for education and research. It is not personalized investment, financial, tax or legal advice, and it is not a recommendation or an offer to buy or sell any security, option or futures contract.
- Zul Spot and The Silent Investor are not registered as an investment adviser with the SEC or any state, not a broker-dealer, not a member of FINRA, and not registered with the CFTC or NFA as a commodity trading advisor.
- The Materials are the same for everyone who receives them and are not based on your finances, goals or tolerance for risk.
- You alone decide whether to trade, what to trade, and how much. Before you act, check the facts yourself and consider talking to a licensed professional who knows your situation.
- We and the people behind the Service may hold or trade the same products discussed in the Materials, including SPX and XSP options, before, during or after any Material is published.
4. Risk disclosure
Options involve risk and are not suitable for all investors. Before trading options, you must read Characteristics and Risks of Standardized Options, published by The Options Clearing Corporation. Your broker is also required to give it to you.
- You can lose all the money you put into an option trade, often quickly. Some positions — for example, short options or spreads that are closed or assigned at a bad time — can lose more than the amount you received or paid.
- Defined-risk spreads limit the maximum loss only if every leg is filled and stays in place. Partial fills, early assignment, legging out, or a missed exit can leave you with more risk than planned.
- 0DTE, 1DTE and other short-dated options can move from profit to large loss within minutes.
- Fast markets, news, trading halts, gaps, wide bid/ask spreads and low liquidity can cause fills far from expected prices.
- Commissions, exchange fees and slippage reduce results, and taxes on options (including index options such as SPX and XSP) can be complex. Ask a tax professional.
- Automated systems add their own risks: software bugs, wrong data, lost connections, delayed or rejected orders, and broker or exchange outages.
- Past results, real or hypothetical, do not guarantee future results.
Only trade with money you can afford to lose.
5. Hypothetical and backtested results
Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
Our scorecards say which results are backtested, paper-traded or live. Paper-trading results are also hypothetical. A strategy that “passes” our tests can still lose money live. When we show live results, they are from our founder’s own account, may not include every cost you would pay, and may not be typical.
6. Who can use it
You must be at least 18 and able to form a binding contract. The Service is meant for people in the United States. Do not use it where it would be against the law. If you use it for a company, you confirm you may bind that company to these Terms.
7. Accounts and security
If you get an account: give us accurate information, keep your password private, do not share your account, and tell us right away at hello@silentinvestor.net if you think someone else used it. You are responsible for what happens under your account unless it results from our failure to use reasonable security.
8. Your brokerage account
- Your brokerage account is a relationship between you and your broker. We are not a party to it and cannot reverse, cancel or guarantee any order or fill.
- You must get API access from your broker yourself (for Schwab, through its developer portal) and follow your broker’s API and account terms. Your broker may approve, limit or revoke that access at any time; we cannot change that, and it is not a reason for a refund.
- Your API keys and tokens stay on your computer. Keep them secret. We will never ask for them, or for your brokerage username or password.
- You decide every setting the app uses — strategies, sizes, loss limits, and whether it may place orders. Any order the app places is placed by your software, in your account, on your instructions.
- You are responsible for watching your own account, keeping enough funds or margin, and following your broker’s rules, including options approval levels.
- Market data shown in the Service may come from your broker or other providers and may be delayed, incomplete or wrong. Always confirm prices and positions in your broker’s own platform before acting.
9. Software license
While your subscription or granted access is active, we give you a personal, non-exclusive, non-transferable, revocable license to install and use the app on up to the number of devices your plan allows (2 unless your plan says otherwise), for your own trading only. The app is licensed, not sold. You may not share, sell or rent your license key, use one license for several people, or remove or get around the license check.
The app checks your license when it starts and about once a day. Your access is confirmed with a signed, time-limited token. If the app cannot reach us, it keeps working for a short offline period (currently 3 days) before paid features lock.
10. Subscriptions and billing
Subscriptions are not on sale yet. When they are, these rules apply:
- Before you pay, we show the price, what the plan includes, how often you will be charged, that it renews automatically until you cancel, and how to cancel. You must tick a separate box agreeing to the automatic renewal. We keep a record of that consent.
- Receipts: after you subscribe, we email you a confirmation with the plan, price, billing frequency and how to cancel.
- Cancel any time, online, from your account page with one button — no phone call or email needed. Cancelling stops future charges; you keep access until the end of the period you already paid for.
- Free trials: we show the trial end date and the price that starts after it before you begin. Cancel before that date and you will not be charged.
- Price changes: we email you at least 7 days (and no more than 30 days) before a new price applies to you, with how to cancel first. For yearly plans, we also send a reminder before each renewal.
- Failed payments: we will email you and retry. If payment is still not made after the grace period (currently 3 days), paid features lock as described in section 12.
- Refunds: unless the law requires otherwise or we state otherwise at checkout, charges for a period already started are not refunded. If we charge you by mistake, we refund it. Trading losses are never refunded (see section 13).
- Taxes: prices may not include sales tax, which we add where the law requires.
- Payments are handled by our payment processor. We never receive or store your full card number.
11. Access we grant
We may give some people free or trial access (“granted access”) for a period we choose — days, months, a year, or without an end date — to all or only some features. Granted access never charges you and never turns into a paid plan unless you subscribe yourself. These Terms apply to granted access the same way. We may change, shorten or end granted access at any time; when it ends, the app locks as described in section 12.
12. When access ends
If your subscription ends, a payment fails past the grace period, your granted access expires, or we suspend your license for breaking these Terms:
- The app stops opening new positions and locks paid features (for example signals, research, strategy automation and alerts).
- It never locks you out of your positions. You can still view your open positions, close them, and use the kill switch. You can also always manage your account directly in your broker’s own platform.
- The app shows a clear message saying access has ended and how to renew.
- Before access ends for any reason other than your own cancellation, turn off any automation that relies on the app and make sure your open positions are managed in your broker’s platform. We are not responsible for positions left open after access ends.
13. What is not included
A subscription or granted access does not include, and we will not provide:
- Access to our founder’s brokerage account, his positions or results, his private dashboard, our admin tools, our servers, or other customers’ data.
- The app’s source code, or the logic behind features that run on our servers — you get their results, not how they are made.
- Personal investment advice, trades chosen for your situation, or anyone managing your account, placing orders for you, or holding or moving your money.
- Broker API approval — you apply to your broker yourself.
- Any promise of profit, of avoiding losses, that alerts or data will always be on time or correct, or that the software will be free of bugs or downtime.
- Refunds or compensation for trading losses.
14. Automation, alerts and data
- Alerts, push notifications and emails may arrive late, out of order, or not at all — because of networks, devices, Apple, browser push services, email providers, or our systems. Never rely on an alert as your only safeguard.
- Kill switches, loss limits, risk checks and other safeguards reduce risk but cannot remove it. They may fail or act after a loss has already happened.
- Some research features use artificial intelligence to summarize public information such as SEC filings. AI output can be wrong, incomplete or out of date. Check the original source.
- Simulators, profit/loss charts and “what-if” tools are models based on assumptions (such as volatility and pricing models). Real prices will differ.
15. Acceptable use
You agree not to:
- break or try to break the Service’s security, or probe it for weaknesses without our written permission;
- scrape, crawl or copy the Service with bots, except normal search engine indexing of public pages;
- overload or interfere with the Service;
- share your account or resell access;
- redistribute market data you see in the Service — data providers do not allow it;
- use the Service to manipulate markets, “pump and dump”, front-run, spoof, or break any securities or commodities law;
- upload viruses or harmful code, or impersonate anyone; or
- copy, reverse-engineer or build a competing product from the Service, except where the law clearly allows it.
We may suspend access to stop a violation or protect the Service, users or the market.
16. Our content
The Service, its software, design, text, names, the Silent Investor logo and the scorecards belong to Zul Spot or its licensors and are protected by copyright and trademark law. We give you a personal, non-transferable, revocable license to view and use the Service for your own non-commercial use while you follow these Terms. Other names and logos (for example Schwab, TradingView, S&P 500, SPX) belong to their owners and do not mean they endorse us.
17. Feedback
If you send ideas or suggestions, we may use them without paying you or owing you anything. We will not publish your name with your feedback without your permission.
18. Third-party services
The Service links to or works with services we do not control, such as brokers, chart providers, app stores and push services. Their own terms and privacy policies apply, and we are not responsible for them.
19. Disclaimer of warranties
THE SERVICE AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, ZUL SPOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND TIMELINESS. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DATA WILL BE ACCURATE, OR THAT USING IT WILL MAKE YOU MONEY OR PREVENT LOSSES.
20. Limit of liability
TO THE FULLEST EXTENT THE LAW ALLOWS: (A) ZUL SPOT AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR TRADING LOSSES, LOST PROFITS, MISSED OPPORTUNITIES, LOST DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR US $100.
These limits do not apply to liability that the law does not allow to be limited, such as for our fraud, gross negligence or willful misconduct. Some states do not allow certain limits, so some may not apply to you.
21. Indemnity
If someone brings a claim against us because you broke these Terms or the law, or because of your trading, you agree to cover our reasonable losses and legal costs from that claim. We will tell you about the claim promptly and let you help defend it. This does not apply to the extent the claim was caused by us.
22. Ending this agreement
You may stop using the Service at any time and ask us to delete your data. We may suspend or end your access if you break these Terms, if the law requires it, or if we stop offering the Service. If we end a paid plan for a reason other than your breach, we will refund the unused portion. Sections 3–5, 9 (limits on use), 13, 16–17 and 19–25 continue after this agreement ends.
23. Disputes and arbitration
Talk to us first. Before filing any claim, email us a short description of the problem and what you want. We both agree to try in good faith to solve it within 60 days.
Arbitration. If we cannot solve it, you and Zul Spot agree that any dispute about the Service or these Terms will be decided by binding individual arbitration under the Federal Arbitration Act, run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator can award the same individual relief a court could. Hearings can be held by video or phone, or in the county where you live. For claims under US $10,000, we will pay the AAA filing and arbitrator fees, except if the arbitrator finds your claim frivolous.
Exceptions. Either of us may bring an individual claim in small claims court, and either of us may go to court to stop infringement of intellectual property or misuse of the Service.
No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative action. If this paragraph is found unenforceable for a claim, that claim will go to court, not arbitration.
Your right to opt out. You can reject this section 23 by emailing hello@silentinvestor.net within 30 days after you first agree to these Terms, with your name, email and a statement that you reject arbitration. Opting out does not affect anything else in these Terms.
Governing law and court. These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. Any case allowed in court will be filed in the state or federal courts located in Florida, unless the law where you live gives you the right to sue at home. Nothing here takes away rights your state’s consumer protection laws give you that cannot be waived.
24. Changes
We may update these Terms. For a material change, we will email account holders and waitlist members and post a notice at least 30 days before it takes effect. Changes do not apply to a dispute already pending. If you keep using the Service after a change takes effect, the new Terms apply; if you do not agree, stop using the Service and, for a paid plan, cancel — we will refund any prepaid period after the change date.
25. General
These Terms and the Privacy Policy are the whole agreement between us about the Service. If a court finds part of them unenforceable, that part will be changed only as much as needed and the rest stays in effect. If we do not enforce a right right away, we do not give it up. You may not transfer these Terms without our written consent; we may transfer them to a buyer of the Service or of Zul Spot, and we will tell you if we do. We are not responsible for delays caused by events outside our reasonable control, such as exchange or broker outages, internet failures, or natural disasters. Headings are for convenience only.
26. Contact
Zul Spot LLC — The Silent Investor
Email: hello@silentinvestor.net
South Florida, United States