O.R.S.

1 / Acceptance of This Agreement

This User Agreement (this “Agreement”) is a binding contract between you and Bullseye Capital LLC, a Texas limited liability company (“Bullseye Capital LLC,” “Bullseye,” “we,” “us,” or “our”), governing your access to and use of O.R.S. (“Options Richter Scale”). As used here, “O.R.S.” and “the Service” mean the O.R.S. website together with every other means by which we make O.R.S. data available to you — including our Discord bot and any other data-delivery service, API, integration, or bot we operate or contract for that purpose, whether existing today or added later, and including both push (alert/direct-message) and pull (on-demand query) features.

You accept this Agreement by checking the acknowledgment box and submitting the account-creation form, or by checking the acknowledgment box on any subsequent acceptance screen we present to you. Checking that box and submitting the form is your electronic signature and has the same legal effect as a handwritten signature under the federal E-SIGN Act and applicable state law. You also accept this Agreement by accessing or using the Service after it takes effect.

Read this Agreement in full before you accept it. It limits our liability, disclaims warranties, allocates the entire risk of your trading decisions to you, and — unless you opt out under Section 20 — requires that disputes be resolved by binding individual arbitration rather than in court, and waives your right to participate in a class action. If you do not agree, do not check the box and do not use the Service.

This Agreement supersedes and replaces any prior Disclaimer & Terms of Use posted on the Service. Where this Agreement and any earlier posted terms conflict, this Agreement controls.

2 / Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract in your jurisdiction. The Service is offered for use in the United States; we make no representation that the Service or any part of it is appropriate or available in any other jurisdiction, and you are responsible for compliance with local law if you access it from elsewhere.

By accepting this Agreement you represent and warrant that: (a) you are 18 or older; (b) you are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction, and you are not listed on any U.S. government list of prohibited or restricted parties; (c) you have not previously had an O.R.S. account terminated by us for breach; and (d) all information you provide to us is accurate and you will keep it current.

If you use the Service on behalf of an entity, you represent that you have authority to bind that entity, and “you” refers to both you and that entity.

3 / Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not you authorized it. Accounts are for a single individual. You may not share, sell, rent, lease, sublicense, or otherwise transfer your account or your access credentials, and you may not permit any other person to access the Service through your account. We may treat any use of your credentials as use by you.

You must verify your email address before the Service will make data available to you. Notify us promptly at legal@bullseyecapital.com if you learn of any unauthorized use of your account or any other breach of security. We are not liable for any loss arising from unauthorized use of your account.

4 / Subscriptions, Free Trial, Automatic Renewal, Cancellation, and Refunds

Plans and fees. Paid access to O.R.S. is sold on a subscription basis. The plan name, the monthly fee, and what that plan includes are shown to you on the plan-selection and checkout screens before you are charged. Fees are stated in U.S. dollars and are exclusive of any applicable taxes, which we may collect where required.

Free trial. Where we offer a free trial, the trial period and its length are disclosed to you at checkout. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription at the then-current plan price and your payment method will be charged.

Automatic renewal. Your subscription renews automatically. At the end of each billing period your subscription will automatically renew for another period of the same length, and the payment method on file will be charged the then-current plan price, until you cancel. Billing periods are monthly unless the checkout screen states otherwise. You authorize us and our payment processor to store your payment method and to charge it on this recurring basis.

How to cancel. You may cancel at any time, without charge for cancellation, through the billing portal linked from your account page on the Service, or by emailing legal@bullseyecapital.com. Cancellation takes effect at the end of the then-current billing period. You keep access through the end of the period you have already paid for. To avoid being charged for the next period, cancel before that period begins; to avoid being charged at the end of a free trial, cancel before the trial ends.

Price changes. We may change subscription prices. We will give you at least thirty (30) days’ advance notice by email to the address on your account before a price change takes effect for you, and the new price will apply beginning with your next billing period after that notice. If you do not agree to the new price, your remedy is to cancel before it takes effect.

Refunds. Except where a refund is required by applicable law, all fees are non-refundable and we do not provide refunds or credits for partial billing periods, for periods in which you did not use the Service, or for data outages, delivery failures, or downtime. Nothing in this section limits any right you may have under applicable consumer-protection law to cancel or obtain a refund, including any right to cancel a trial-to-paid conversion within a period fixed by the law of your state.

Payment processing. Payments are processed by a third-party payment processor. We do not store full payment-card numbers. Your use of the payment processor is also subject to that processor’s own terms and privacy policy. If a charge is declined or reversed, we may suspend or terminate your access.

5 / Acceptable Use

Subject to your compliance with this Agreement and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and to view O.R.S. data for your own personal, internal, non-commercial purposes only.

You may not, and may not permit or assist anyone else to:

• scrape, crawl, spider, harvest, index, or use any automated means, script, bot, or headless browser to extract data from the Service, except through an API we expressly authorize for your account and within its published limits;
• copy, republish, redistribute, retransmit, broadcast, sell, rent, license, sublicense, or otherwise make available to any third party any O.R.S. data or any data sourced from our market-data providers, including Polygon.io, in whole or in part;
• use O.R.S. data or output to build, train, benchmark, or improve any product, model, dataset, or service, including any machine-learning or artificial-intelligence system, or to create any derivative or competing data product;
• resell, redistribute, or provide access to the Service, or operate a service that relays O.R.S. data to others, including by re-broadcasting alerts you receive into any group, server, channel, chat, or feed;
• circumvent, disable, or interfere with any access control, rate limit, paywall, plan restriction, or security feature, or access any part of the Service by any means we did not expressly provide;
• share, publish, or transfer your credentials, authentication codes, session tokens, or API keys, or maintain more than one account for a single individual;
• reverse engineer, decompile, or disassemble any part of the Service, or attempt to derive our source code, models, or methodology, except to the extent that restriction is prohibited by applicable law;
• interfere with or place an unreasonable load on the Service or its infrastructure, or introduce any malware, or attempt to gain unauthorized access to any system or account; or
• use the Service in violation of any applicable law or regulation, including securities laws, or to facilitate any unlawful activity.

Our market-data providers are intended third-party beneficiaries of the redistribution restrictions in this Section 5 and may enforce them directly against you. We may monitor use of the Service for compliance with this Section and may rate-limit, suspend, or terminate access we reasonably believe violates it. This license terminates automatically on termination of your account.

6 / Intellectual Property

The Service and everything in it — including the O.R.S. name and marks, the Bullseye Capital name and marks, the O.R.S. magnitude scale and the methodology, baselines, thresholds, and statistical models behind it, all software, source code, database structures, user interfaces, visual design, text, graphics, and documentation, and all compilations, aggregations, derivations, classifications, and presentations of data we produce — are owned by Bullseye Capital LLC or its licensors and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws.

Nothing in this Agreement transfers any ownership interest to you. All rights not expressly granted in Section 5 are reserved. The underlying market data is licensed from third-party providers, including Polygon.io, and remains the property of those providers; your rights in it are no broader than the rights we hold and are further limited by Section 5.

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation or compensation to you.

7 / Third-Party Delivery Channels

O.R.S. data may reach you through data-delivery services, APIs, or bots we operate or integrate with for that purpose — including Discord and any additional channels we add later — by push alerts based on filters you configure (such as ticker, minimum magnitude, contract type, or notional size) and by on-demand queries you run through that channel’s own commands or interface. Every term of this Agreement applies in full to data you receive through any such channel exactly as if you had viewed it on the website, including that magnitude labels are not signals (Section 12), that the data carries no warranty as to accuracy or timeliness (Section 13), and the limitation of liability in Section 18.

As explained in Section 11, configuring a filter only changes which already-public O.R.S. data is sent to you. It is your own technical configuration of generally available data, not advice from us, and Bullseye does not select, curate, or recommend any individual trade for any individual user.

Where a delivery channel is operated by a third party — for example, Discord, which is operated by Discord Inc., a company independent of and not affiliated with Bullseye — your use of that platform is governed by its own terms of service and privacy policy, which we do not control and are not responsible for. We do not guarantee that any alert will be delivered, delivered on time, delivered only once, or delivered at all. Third-party platform outages, rate limits, your own privacy or notification settings on that platform (such as disabling direct messages from server members on Discord), bot or service downtime, and other factors outside our control can delay, duplicate, or prevent delivery. Do not rely on an alert from any delivery channel as your sole or timely source of information about any trade.

Linking a third-party account — such as your Discord account — to your Bullseye account shares limited information between the two systems, generally your user ID and username on that channel, your link status, and the filters you configure, solely to authenticate you and deliver the data you requested. You are responsible for the security of any account you link and for any link or authentication code you generate; those codes are short-lived and must not be shared. We may suspend, modify, or discontinue any delivery channel, or any feature or command within it, at any time and without notice, as provided in Section 16.

8 / Privacy

We collect and process the information you give us and the information generated by your use of the Service — including your email address, subscription and billing status, authentication and session data, the filters and queries you configure, linked third-party account identifiers, and technical data such as IP address and browser user-agent string. We use it to operate and secure the Service, to process payments, to deliver the data you request, to communicate with you about your account, and to keep the records this Agreement requires, including the record of your acceptance of this Agreement.

Your acceptance of this Agreement is recorded with the date and time, your IP address, your browser user-agent string, the version of this Agreement, and a cryptographic hash of the exact text you were shown. We retain that record for as long as your account exists and afterward for as long as needed to establish or defend legal claims.

We do not sell your personal information. Our full privacy practices, including the categories of information we collect, how long we keep it, the third parties we share it with, and the rights you may have to access, correct, port, or delete your information, are described in our Privacy Policy, which is incorporated into this Agreement by reference. Where the Privacy Policy and this Agreement conflict on a privacy matter, the Privacy Policy controls. Privacy questions may be sent to legal@bullseyecapital.com.

9 / Suspension and Termination

By you. You may stop using the Service at any time and may cancel your subscription as described in Section 4. You may request deletion of your account by emailing legal@bullseyecapital.com.

By us. We may suspend or terminate your access to the Service, in whole or in part, immediately and without notice, if we reasonably believe you have breached this Agreement (including Section 5), if your payment method fails or a charge is reversed, if suspension is necessary to protect the Service, our providers, or other users, or if we are required to do so by law or by a market-data provider. We may also discontinue the Service, or any plan or feature, for all users on reasonable notice.

Effect. On termination your license under Section 5 ends immediately and you must stop accessing the Service and destroy any O.R.S. data in your possession. Termination does not entitle you to a refund except as required by law, and does not relieve you of fees accrued before termination. Sections 5 (as to restrictions), 6, 8, 13, 14, 15, 17, 18, 19, 20, 21, 23, and 24 survive termination, along with any other provision that by its nature should survive.

10 / Not Investment Advice

O.R.S. is an informational and data-analytics tool. Nothing on the Service, in our emails, in a Discord message, or in any other communication from us constitutes investment, financial, tax, or legal advice, or a recommendation to buy, sell, hold, or otherwise transact in any security, option, or other financial instrument. O.R.S. surfaces and categorizes publicly observable options order-flow data by statistical magnitude — it does not tell you what to trade, regardless of whether you view it on the site or receive it through a third-party delivery channel.

11 / No Advisory Relationship

Bullseye Capital LLC is not a registered investment adviser, broker-dealer, or financial planner, and nothing about your use of O.R.S. creates an advisory, fiduciary, or other special relationship between you and Bullseye. We do not know your financial situation, investment objectives, risk tolerance, or portfolio, and we do not provide advice tailored to your individual circumstances. Any decision to act on information displayed on the Service is made entirely independently by you.

Configuring alert filters or running queries — including through third-party delivery channels, by ticker, magnitude, contract type, notional size, or any other field we offer — only changes which already-public O.R.S. data is shown or sent to you. It is your own technical configuration of generally available data, not advice from us, and Bullseye does not select, curate, or recommend any individual trade to you.

12 / Magnitude Classifications Are Not Signals

O.R.S. assigns each surfaced options trade a magnitude — from M9.0 (“Tectonic”) down through M7.0 (“Major”), M5.0 (“Quake”), M3.0 (“Tremor”), and M1.0 (“Rumble”) — based on how statistically unusual that trade’s size is relative to historical baselines and open interest for the underlying security. These labels describe the rarity of a transaction’s size. They are not predictions, ratings, recommendations, or signals of future price movement. A “Tectonic” trade carries no implication about whether the underlying security will rise, fall, or do anything at all. Past flow, regardless of magnitude, does not predict future price movement. This is true everywhere a magnitude label appears, including in a delivery-channel query result.

13 / No Warranty; Data Accuracy and Timeliness

Market data displayed on O.R.S. — including options pricing, volume, open interest, and underlying security prices — is sourced from third-party data providers, including Polygon.io, and other inputs we believe to be reliable. We label data as “live” only when it reflects a real, currently-flowing market data feed; we do not present simulated, sample, or placeholder data under a “live” label. That said, third-party data feeds can be delayed, incomplete, interrupted, or contain errors that are outside our control, and statistical baselines are calculated from historical data that may not reflect future market conditions.

The service and all data are provided “as is” and “as available,” without warranty of any kind. To the fullest extent permitted by applicable law, Bullseye disclaims all warranties, express, implied, or statutory, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty as to the accuracy, completeness, timeliness, reliability, or availability of any data. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions this exclusion applies to the maximum extent permitted.

15 / No Guarantee of Results

Nothing on O.R.S., including any historical tracking of previously surfaced trades, is a guarantee or representation about future results. Statistical rarity is not a forecast. Reviewing how a past “Tectonic” or “Major” trade performed does not indicate how any current or future trade carrying the same classification will perform.

16 / No Warranty of Uninterrupted Service

We do not guarantee that O.R.S. will be available on an uninterrupted, timely, secure, or error-free basis. We may modify, suspend, or discontinue any part of the Service, including specific data feeds, features, plans, or delivery channels such as our Discord bot, at any time and without notice. We are not liable for any modification, suspension, or discontinuation of the Service or any part of it.

17 / Third-Party Content and Data Sources

O.R.S. incorporates market data licensed or obtained from third-party providers, including Polygon.io, and is in part delivered through third-party platforms, including Discord, as described in Section 7. We are not responsible for the accuracy of third-party data or the availability of third-party platforms, and your use of that data or those platforms may also be subject to the provider’s own terms. Links to third-party sites — including our social channels — are provided for convenience only; we do not control and are not responsible for third-party content.

19 / Indemnification

You agree to indemnify, defend, and hold harmless Bullseye Capital LLC and its members, managers, officers, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, losses, judgments, settlements, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your trading activity and any decision you make using O.R.S. data; (b) your violation of this Agreement, including Section 5; (c) your misuse of the Service; (d) your violation of any law or of any third party’s rights, including any market-data provider’s rights; or (e) your misuse of any third-party account you link, such as your Discord account, or of any link or authentication code, in connection with O.R.S.

We will notify you of any claim subject to this section and may, at our option and expense, assume exclusive control of its defense and settlement. You will cooperate with us in that defense and will not settle any claim in a way that imposes any obligation or admission on us without our prior written consent.

21 / Governing Law and Venue

This Agreement and any dispute arising out of or relating to it or to the Service are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles, and, as to arbitration, by the Federal Arbitration Act. For any dispute not subject to arbitration under Section 20 — including any claim brought by a user who has opted out, any claim severed under Section 20(e), and any request for injunctive relief under Section 20(f) — you and Bullseye consent to the exclusive jurisdiction and venue of the state and federal courts located in Williamson County, Texas, and each of us waives any objection to that venue on grounds of inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this section deprives you of the protection of any mandatory consumer-protection law of the state in which you reside.

22 / Changes to This Agreement

We may update this Agreement from time to time to reflect changes in the Service, our data sources, or legal requirements. Every version carries a version number and an effective date, shown at the top of this document.

For material changes — meaning any change to fees, to your rights or obligations, to the disclaimers or limitations of liability, or to Section 20 — we will require you to review and affirmatively accept the new version the next time you sign in, and you will not be able to access O.R.S. data until you do. Where the change affects fees for an existing subscription, the notice provisions of Section 4 also apply. For non-material changes, such as typographical corrections and formatting, we will post the revised version and update the effective date, and your continued use of the Service constitutes acceptance.

We keep a record of each version you accepted, including a cryptographic hash of the exact text shown to you, and will provide you a copy of the version you accepted on request to legal@bullseyecapital.com.

23 / General Provisions

Entire agreement. This Agreement, together with the Privacy Policy and any plan terms presented to you at checkout, is the entire agreement between you and Bullseye regarding the Service, and supersedes all prior or contemporaneous understandings, including any prior Disclaimer & Terms of Use.

Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted or, if it cannot be, severed, and the remaining provisions will remain in full force and effect. The specific severability rule in Section 20(e) governs that subsection.

No waiver. Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless in writing and signed by us.

Assignment. You may not assign or transfer this Agreement or any of your rights or obligations under it, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign this Agreement without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. This Agreement binds and benefits the parties’ permitted successors and assigns.

Notices. We may give you notice by email to the address on your account, by posting on the Service, or by an in-product message; notice by email is effective when sent. You must give us notice at legal@bullseyecapital.com. You are responsible for keeping your email address current.

Force majeure. Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disaster, war, terrorism, labor disturbance, epidemic, government action, exchange or market halt, failure of a market-data provider or third-party platform, internet or power outage, and cyberattack. This does not excuse your obligation to pay fees already accrued.

Relationship and third parties. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and Bullseye. Except for the indemnified parties named in Section 19 and the market-data providers named in Section 5, there are no third-party beneficiaries of this Agreement.

Headings and interpretation. Section headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” This Agreement will not be construed against either party as drafter.

24 / How to Contact Us

Bullseye Capital LLC — questions, notices, cancellation requests, arbitration opt-outs, and requests for a copy of the version of this Agreement you accepted may all be sent to legal@bullseyecapital.com.