Terms of Use

1.1 Informational and Research Purposes Only

Stocky is a research, tracking, and analysis tool designed solely for informational, educational, and research purposes. The platform utilizes software interfaces to retrieve and format financial data.

1.2 No Financial Advice

We are not a registered broker-dealer, investment advisor, or fiduciary in Italy, the United States, or any other jurisdiction. No content, metrics, or AI-generated output on this platform constitutes a recommendation, endorsement, or offer to buy, sell, or hold any security or financial instrument.

1.3 User Responsibility

You acknowledge that you are solely responsible for your own investment decisions. You agree that you will independently verify all market data, financial metrics, and corporate details using official sources before acting upon them or executing any trades.

2.1 AI Output Limitations

The platform utilizes artificial intelligence ("AI") agents to process and summarize market data. Because machine learning models are subject to algorithmic errors and "hallucinations," we make no warranties regarding the accuracy, absolute completeness, or timing of any AI-generated insight.

2.2 Technical Framework

The platform is delivered via WebAssembly (WASM) and compiled in Flutter. Performance, data rendering, and query execution speeds depend strictly on your local hardware, network stability, and web browser capabilities. We are not liable for timeouts, data lag, or browser crashes that interrupt your research workflow.

2.3 Best-Effort Volatility Alerts & Triggers

Alerts and triggers (including volatility boundaries, indicator crossovers, or news sentiment alerts) are generated dynamically by software systems and delivered on a best-effort basis. We do not guarantee delivery speeds or absolute arrival, and Stocky shall not be held liable for delayed, missed, or corrupted notifications caused by network conditions, API latency, third-party feed downtime, or local system settings.

3.1 Data Latency and Derived Data Classification

To deliver institutional-depth research at retail-friendly pricing, Stocky deliberately structures its data pipelines to bypass pass-through exchange fees. We provide **real-time quotes for select primary exchanges**, and **near-real-time quotes (subject to 15-to-20-minute delays) or End-of-Day (EoD) feeds for other global exchanges**. Financial data is acquired through third-party feeds, primarily Financial Modeling Prep (FMP).

All market quotes, metrics, and analyses rendered within the platform are classified legally as **Derived Data**. Stocky transforms raw inputs through proprietary in-memory caching, arithmetic translations, indicator aggregation, and AI processing engines to construct a unique, analytical research environment. Because you are interacting exclusively with Stocky's proprietary derived calculations rather than raw exchange feeds, you agree that you have no rights or claims to the underlying raw data feeds. You further agree that Stocky shall have no liability for trading losses, missed market windows, or pricing discrepancies caused by data latency or third-party feed interruptions.

3.2 Commercial Limitations and Anti-Scraping

All data provided within the platform is licensed strictly for your personal, non-commercial research within the user interface. You are explicitly prohibited from:

• Using automated scripts, bots, web scrapers, or headless browsers to mass-extract or poll data from the app.
• Attempting to decompile, reverse-engineer, or inspect the WebAssembly binary payload.
• Using any data retrieved from the platform to train independent machine learning or AI models.

Violation of this section will result in immediate, permanent account termination without a refund, and may subject you to direct legal liabilities from third-party data providers.

3.3 Non-Display Usage and Automated Trading Prohibitions

The platform is designed and licensed strictly for **human-readable, display-only consumption**. Any **Non-Display Usage**—including but not limited to connecting the platform's internal APIs or endpoints to automated trading bots, algorithmic decision engines, programmatic risk-management tools, private databases, or third-party webhooks—is strictly prohibited. You agree not to use Stocky's insights to drive machine-to-machine processes or automated order execution pipelines.

3.4 Non-Professional Status & Exchange Exemption

Because Stocky does not redistribute raw exchange feeds and instead provides calculated, cached, and derived analytics, users are exempt from exchange subscription declaration forms (which typically carry steep professional surcharges). However, if you are a registered investment professional, broker-dealer, or use the platform on behalf of a corporation, partnership, or trust, you must strictly adhere to the display-only, personal research limitations. Stocky does not audit, report, or collect professional vs. non-professional declaration forms under these specific transformed data exemptions.

4.1 Merchant of Record

All subscription processing, billing management, and global tax compliance are executed exclusively by our authorized Merchant of Record, Polar.sh (Polar Software Inc.). By initializing a subscription, you enter into a direct transactional agreement with Polar under their official Terms of Sale.

4.2 Digital Content Waiver

Because our service delivers immediate access to real-time tracking dashboards, financial data, and AI analysis upon account upgrade, you explicitly acknowledge and agree during checkout that you waive your right to a 14-day statutory cooling-off period (Diritto di Recesso) under European Union consumer protection laws.

4.3 Variable AI Cost & Administrative Markups

Variable AI query and web search costs executed by our independent, optional AI Agent are funded through prepaid wallet credits. Stocky applies a small platform markup of 20% on variable usage to cover gateway routing, secure API translations, administrative overhead, and server maintenance. We are committed to optimizing query contexts, managing resources efficiently, and actively looking for ways to continuously lower and reduce these administrative fees.

4.4 Document Vault & User-Uploaded Content

You retain sole ownership and copyright over all spreadsheets, PDFs, or research notes saved inside your Document Vault. You warrant that you have all legal rights to upload such content and that it does not contain malicious code, viral scripts, or violate any intellectual property laws. You agree that Stocky is not liable for data loss, parsing errors, or analysis discrepancies generated by formatting errors in your uploaded files.

5.1 Absolute Liability Cap

To the maximum extent permitted by applicable law, in no event shall Alejandro Salvatore Vasquez (or affiliated operators) be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to trading losses, lost capital, loss of profits, or data corruption, resulting from the use or inability to use this platform.

5.2 Governing Law & Court Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of Italy. Any legal dispute, action, or proceeding arising out of or relating to these terms shall be brought exclusively before the courts of Rome, Italy, subject to applicable mandatory consumer protection overrides.

5.3 Indemnification

You agree to fully defend, indemnify, and hold harmless Alejandro Salvatore Vasquez (including any affiliates, heirs, or operators) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (i) your use of or access to the platform, (ii) your violation of these Terms of Use, (iii) your infringement of any third-party rights, or (iv) any investment or trading decisions you make based on data, metrics, or AI-generated output retrieved from the platform.

5.4 Governing Language

This Agreement, all system features, in-app text, support interactions, and documentation are provided strictly in the English language. You explicitly acknowledge, represent, and agree that you have a fluent, comprehensive understanding of the English language, and you voluntarily consent to execute these Terms, receive platform notices, and conduct all relationships with the operator in English.

5.5 Class Action Waiver

To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings, whether in arbitration or court, will be conducted solely on an individual basis and not in a class, consolidated, or representative action. You explicitly waive the right to participate in or coordinate any class-action lawsuit against Alejandro Salvatore Vasquez.

5.6 Third-Party Trademarks & Exchange Disclaimers

All corporate names, ticker symbols, stock exchange brands, trademarks, and logos displayed on the platform are the property of their respective owners. The inclusion of these assets, tickers, or logos is strictly for informational and reference purposes and does not imply or constitute any endorsement, sponsorship, or affiliation between Stocky and the respective companies or exchanges.

5.7 Disclaimer of Warranties ("AS IS" & "AS AVAILABLE")

THE PLATFORM, SERVICE, AND ALL INCLUDED CONTENT AND METRICS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, COMPLETELY ERROR-FREE, SECURE, OR COMPATIBLE WITH YOUR DEVICES AND BROWSER SYSTEMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN CASES OF WILLFUL MISCONDUCT (DOLO) OR GROSS NEGLIGENCE (COLPA GRAVE) AS MANDATED BY ARTICLE 1229 OF THE ITALIAN CIVIL CODE, ALEJANDRO SALVATORE VASQUEZ DISCLAIMS ALL LIABILITY ARISING FROM SYSTEM ACCURACY, DOWNTIME, OR TECHNICAL ANOMALIES.

5.8 Severability & Entire Agreement

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that specific provision shall be deemed severable and shall not affect the validity, legality, and enforceability of the remaining provisions, which shall continue in full force and effect. These Terms, alongside the Privacy Policy and transaction parameters managed by our Merchant of Record, constitute the entire agreement between you and the operator, superseding any prior verbal agreements, email updates, or chat support statements.

5.9 Right to Modify, Terminate, and Suspend Service

We reserve the absolute, non-negotiable right to suspend, terminate, or restrict your access to all or part of the platform at any time, with or without prior notice, for any reason or no reason, including but not limited to suspected scraping, payment failures, API gateway abuse, or violation of these Terms. We are not liable to you or any third party for any such termination, suspension, or modification of service capabilities.

5.10 Force Majeure

Alejandro Salvatore Vasquez shall not be held liable or responsible for any failure to perform, or delay in performance of, any obligations under these Terms caused by events outside our reasonable control ("Force Majeure"), including but not limited to internet backbone outages, regional power grid failures, hosting provider downtime (Firebase/Google Cloud), API provider service interruptions, utility cutoffs, civil emergencies, government orders, or acts of God.