Table of Contents

OPTO App – End-User License Agreement

BY CLICKING ACCEPT ON THE APP YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS EULA, DO NOT DOWNLOAD/INSTALL/USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.

Introduction

  1. This end-user license agreement (“EULA”) is a legal agreement between you (“End User” or “you”) and Opto Markets Limited of 133 Houndsditch, London EC3A 7BX, United Kingdom (“we”, “us”, “Opto” or the “Company”). This EULA governs your use of the Opto mobile application software and associated media (the “App”) and associated online or electronic documents (“Documents”).

  2. Opto is registered in England and Wales with company number 15039587.

  3. We license the use of the App to you on the basis of this EULA and subject to any rules or policies applied by any mobile application online store provider or operator (“Application Stores”) from whose site you downloaded the App (“Application Store Rules”).

  4. This App is licensed. We do not sell the App or Documents to you and we remain the owner of the App and Documents at all times.

Important Notice

  1. By downloading the App and clicking “I agree”, you agree to the terms of this EULA which will bind you. The terms of this EULA include the Opto Privacy Policy found here and the Opto Website Terms and Conditions found here, each of which is incorporated into this EULA by reference.

  2. Please read this EULA carefully. If you do not agree to the terms of this EULA, we will not license the App and Documents to you, and you must exit and delete the App.

Account Registration

  1. As a condition to use the App, you will be required to register an account with us, create a password and username (“Account”) and provide other information about your identity (“Account Data”). You agree and undertake to (a) provide accurate and complete Account Data; (b) ensure the security of your password and username; (c) keep your Account Data up to date and any other information you provide to us; and (d) remain fully responsible for your use of the Account and any actions relating to it.

  2. It is your responsibility to maintain the confidentiality of your Account Data. You must ensure that you choose a strong password for your Account. We will process your Account Data in line with our Privacy Policy. If you become aware of any unauthorised use of your Account or Account Data, you agree to immediately notify us at support@optothemes.com.

Your Privacy

  1. You acknowledge that when you download, install, or use the App, we may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the App. You may also be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionalities. All information we collect through or in connection with this App is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. We only use any personal data we collect through your installation or use of the App in the ways set out in our Privacy Policy.

Acknowledgements

  1. The terms of this EULA apply to the App including any updates or supplements to the App as available from the Application Stores from time to time.

  2. We reserve the right to update or modify this EULA at any time at our sole discretion. If we make any changes to this EULA, we will update the EULA on our website and on our App with or without notice to you. Unless otherwise stated, any revised EULA shall take effect immediately. If you continue to use the App, you shall be deemed to have accepted the revised EULA. If you do not agree to the revised EULA, you must not use the App.

  3. From time-to-time, updates to the App may be issued through any of the Application Stores. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms. Application Stores or Opto may make technology updates from time to time which may cause the App to no longer be supported on or by older devices or those devices’ operating systems.

Grant and Scope of Licence

  1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, personal, revocable and non-exclusive licence to use the App on your mobile device (“Device”), subject to these terms, the Privacy Policy and the Website Terms and Conditions, which are incorporated into this EULA by reference.

  2. You may download the App onto your Device and use and display the App on your Device for your personal purposes only and use the Documents for your personal purposes only which may include sharing links from the App.

Licence Restrictions

  1. You agree:

    a. not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

    b. not to rent, lease sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;

    c. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

    d. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;

    e. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

    f. to include our copyright notice on all entire and partial copies you make of the App on any medium;

    g. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App;

    h. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us.

Acceptable Use

  1. You agree:

    a. not to use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;

    b. not to infringe our intellectual property rights or those of any third party in relation to your use of the App;

    c. not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;

    d. not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

    e. not to collect or harvest any information or data from the App or our systems.

Intellectual Property Rights

  1. The App, pages and content therein including, without limitation, text, graphics, photographs, software, logos or other materials are the intellectual property of, or are authorised for use by, Opto and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents, database rights and trade secrets contained therein and that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use in accordance with these terms.

  2. You acknowledge that you have no right to have access to the App in source-code form.

  1. Where we make links to other websites or applications available in the App, such links are provided for your information and convenience. We are not responsible for the content or performance of the linked website or application, and you are responsible for reviewing the linked website or application’s terms and conditions, end-user licence agreement or privacy policy applicable to that website or application.

  2. If you permit any third party to access the App (whether this access is enabled through the App itself or through a third-party application), you acknowledge that you remain solely responsible for any actions or omissions enabled by the grant of your permission.

Future Features

  1. We may in the future offer further content or features for you to purchase and/or download and use in the App (“Future Features”). Future Features are part of the App. If you agree to purchase and/or download Future Features, you agree to be subject to a non-exclusive, personal, revocable, non-transferable licence to use the Future Features in the App on the terms and conditions of this EULA.

Our Responsibility for Loss or Damage Suffered by You

  1. The App is for domestic and private use only. If you use the App for any commercial, business, resale or other purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  2. Opto is a technology services provider and a provider of educational content concerning investments. The use of the App is not intended in any way to create a fiduciary relationship with you. The App and any information provided on it are for general information, and educational and entertainment purposes only. The App does not provide or offer any advisory, investment, financial, legal, tax, regulatory, or other similar advice. Any information or other features (including charts) provided to you on the App must not be treated as advice that is suitable for you or as advice that is based on a consideration of your personal circumstances. We are not responsible for any investment decisions that you make. We do not offer advice or recommendations on particular securities, trades, transactions, investments or investment strategies to you. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up-to-date.

Term and Termination

  1. This EULA takes effect upon your download/and or use of the App and remains effective until terminated by either of us. You may terminate this EULA at any time by closing your Opto Account and removing the App from your Device on which it is installed. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA.

Limitations of Liability

  1. To the maximum extent permitted by applicable law, we, our suppliers, and licensors expressly disclaim any and all warranties and conditions, express or implied, regarding the App or Documents to the extent excludable. This App is provided on an ‘As is’ and ‘As Available’ basis without any representation, endorsement, or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and/or accuracy.

  2. We do not guarantee that (i) the App will be free of errors, viruses, bugs, or other defects; or (ii) that the App or any information displayed or distributed through the App or in the Documents will be accurate or complete; or (iii) that any defects in the App will be corrected.

  3. You acknowledge that reliance on any information contained on the App or Documents shall be at your sole risk. You acknowledge that the App has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the App meets your requirements.

  4. To the fullest extent permissible by law, including in your local jurisdiction, we exclude all liability for any loss or damage whether suffered directly or indirectly, immediately or consequently and whether arising in contract, tort (including negligence) or otherwise including any: i) special damage even if we are aware of the circumstances in which such special damage could arise, ii) loss of profits, iii) loss of anticipated profits, iv) loss of business opportunity, v) loss of goodwill, vi) loss or corruption of data, and vii) loss arising out of or in connection with any of the risks set out in this EULA.

  5. We are not responsible for any loss or damage caused by or as a result of the Device in which the App is run or by any products or services paid for with the services of the App.

  6. Our liability to you, to the extent we cannot exclude it entirely, shall, where permissible by law, be limited to the fullest extent.

  7. Nothing in this EULA limits or excludes our liability for fraudulent misrepresentations, death or for personal injury resulting from our negligence or any liability not capable of limitation by law.

Other Terms

  1. This EULA constitutes the entire agreement between you and Opto regarding the App. Any failure by us to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any provision of this EULA is declared void, or otherwise unenforceable, by a court or tribunal, such provision shall be deemed to have been severed from this EULA, which shall otherwise remain in full force and effect. Each of the paragraphs of these EULA operates separately.

  2. The App should not form the basis of any decisions made concerning the opening of any trading account, any potential trades, or any trading activity whether with any of Opto’s affiliates or subsidiaries and/or any other financial services provider.

  3. This EULA does not give rise to any rights under the England and Wales Contracts (Rights of Third Parties) Act 1999 to enforce any term of this EULA.

  4. We may transfer our rights and obligations under this EULA. We will notify you in writing if this happens and will use reasonable efforts to try to ensure that the transfer does not affect your rights under the EULA.

  5. This EULA and all communications between us and you in relation to it will be in English. The App, including its features and information within it, will be provided in English only. By downloading and using the App, you confirm (1) that you understand and accept that the language used is English, and (2) that you have proper knowledge and full understanding of the English language.

  6. If you reside in the UK, subject to your local consumer laws, any dispute, controversy, proceedings or claim between you and us and arising out of or in any way related to this EULA and/or the use of the App, including any non-contractual obligations arising therefrom, are governed by, and interpreted in accordance with the laws of England & Wales. The courts of England & Wales shall have non-exclusive jurisdiction to hear all and any disputes or claims (including non-contractual disputes or claims) arising out of or in connection with the EULA and/or the use of the App.

  7. If you reside in Canada, subject to your local consumer laws, any dispute, controversy, proceedings or claim between you and us and arising out of or in any way related to this EULA and/or the use of the App, including any non-contractual obligations arising therefrom, are governed by, and interpreted in accordance with the laws of the Province of Ontario and any applicable federal laws of Canada. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom.

  8. If you do not reside in the UK or in Canada, nothing in this EULA shall limit our right to commence proceedings against you in relation to any dispute or claim in any other court of competent jurisdiction that we consider appropriate, nor shall the taking of proceedings in any one or more jurisdictions preclude us from taking of proceedings in any other jurisdictions, whether concurrently or not, if and to the extent permitted by applicable law.

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*Effective as of March 21st. Rates are subject to change.

Our Broker, Alpaca Securities, offers a cash management program pursuant to the FDIC Bank Sweep. Customer funds are treated differently and are subject to separate regulatory regimes depending on whether customer funds are held in their brokerage account or within the FDIC Bank Sweep. Specifically, Alpaca Securities is a member of the Securities Investor Protection Corporation (SIPC), which protects securities customers of its members up to $500,000 (including $250,000 for claims for cash). The Federal Deposit Insurance Corporation (FDIC) insures up to $250,000 per deposit against the failure of an FDIC member bank. Customer funds held in brokerage accounts are SIPC insured, but are not eligible for FDIC insurance coverage. Funds maintained in the FDIC Bank Sweep are intended to be eligible for pass-through FDIC insurance coverage, but are not subject to SIPC coverage. FDIC insurance coverage does not protect against the failure of Alpaca, Alpaca Securities, or any of its or their affiliates and/or malfeasance by any Alpacaor Alpaca Securities employee. Program banks that participate in the FDIC Bank Sweep are not members of SIPC and therefore funds held in the Program are not SIPC protected. Please see alpaca.markets/disclosuresfor important additional disclosures regarding Alpaca Securities brokerage offering as well as FDIC Bank Sweep terms and conditions.

Opto Markets LLC is not a broker-dealer, investment adviser, nor a member of the Financial Industry Regulatory Authority (FINRA). Securities are offered by Alpaca Securities LLC (“Alpaca Securities”). Alpaca Securities is a broker-dealer regulated by the Securities and Exchange Commission (SEC), a member of the Financial Industry Regulatory Authority (FINRA) and the Securities Investor Protection Corporation (SIPC).

Alpaca Securities LLC (“Alpaca Securities”) is not responsible for and is not providing the technology and services you receive from us to access and manage your brokerage account with Alpaca Securities. You firmly agree to hold Alpaca and its affiliates, owners, directors, employees, clearing firm and agents harmless for any loss or damage arising from the use of or unavailability of the technology and services that we are providing. For Trading API (to trade stocks) questions reach out to support@alpaca.markets.

Opto Markets LLC is not an investment advisor and nothing herein or mentioned on any other Opto channel should be construed as investment advice. The content on this website, on our app and on any other Opto channel is provided for informational, educational and entertainment purposes only. Opto Markets LLC does not recommend any specific securities or investment strategies. Investing involves risk & investments may lose value, including the loss of principal. Past performance does not guarantee and is not an indicator of future results. Investors should consider their investment objectives and risks carefully before investing. Please seek the advice of an investment or financial advisor, and do not apply any of the generalized material available herein or on other Opto channels to your individual facts or circumstances without speaking to an investment or financial advisor. Unless otherwise stated, the prices used on this website are provided by third parties and are for display purposes only.

The information on this site is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation.