Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Undertow, Montreal, Canada ("we", "us"). They govern your use of the Undertow mobile application, the website at undertow.floorfn.com and related services (together, the "Service").

By creating an account, subscribing or otherwise using the Service, you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Service.

You must be at least 18 years old and have the legal capacity to enter into a contract where you live.

You must not use the Service where doing so would breach applicable law, including sanctions and export control laws.

The Service is a research tool. It presents statistical analysis of historical market data (including about 22,000 past cases since 2014 in which a small stock rose sharply on unusual trading volume), filings made with the U.S. Securities and Exchange Commission ("SEC"), and market data from third parties (together, "Content").

Alerts, odds, risk ratings, rankings and similar outputs (together, "Analysis") describe what happened in comparable past cases. They are not forecasts of what will happen to any stock.

We may change, suspend or discontinue any part of the Service. Where reasonably practicable we will give notice.

Nothing in the Service is investment, financial, legal, tax or accounting advice, or a recommendation, offer or solicitation to buy, sell, sell short or hold any security or to follow any strategy.

The Analysis is general. It is not based on your circumstances, objectives or tolerance for risk, and we do not know them.

Undertow is not a broker-dealer, investment adviser, portfolio manager or financial planner in any jurisdiction. We do not execute trades and we do not hold customer money or securities.

Any decision to trade is yours alone. You should obtain independent professional advice before acting on anything in the Service.

Where the Service shows what a stated rule would have produced, for example entering a short position at a stated price with a stop 20% above it, the result is hypothetical. It does not reflect actual trading, and it excludes commissions, borrowing fees, slippage, taxes and the practical difficulty of executing the trade. It does not indicate that similar results will occur.

Investing involves risk, including the loss of all money invested. Small-company stocks can be volatile and illiquid, and can be subject to sudden price moves, trading halts, share dilution and removal from an exchange.

Short selling can lose more than the amount invested. Shares may become unavailable to borrow, or be recalled, at any time, and borrowing costs can exceed any expected gain.

Past performance and historical frequencies do not indicate future results.

Content comes from public and third-party sources and may be delayed, incomplete or wrong. Prices may be delayed and must not be relied on where real-time accuracy is needed.

We do not warrant that Content or Analysis is accurate, complete or current. We will make reasonable efforts to correct errors that we identify.

You must give accurate information, keep your sign-in details secure, and tell us promptly if you suspect unauthorised use. You are responsible for activity under your account.

One person may hold one account. If you sign in with Apple or Google, that provider's terms also apply to that sign-in.

Price. Undertow Pro costs US$6.99 per week, plus any sales tax, value-added tax or similar tax that applies where you live. The price shown at checkout is the price you pay.

Free trial. A new account may receive one 7-day free trial. Unless you cancel before the trial ends, you will be charged the weekly price when it ends.

Automatic renewal. Undertow Pro renews every week at the then-current price until you cancel. By subscribing, you authorise us and our payment processor to charge your payment method each week.

Cancellation. You may cancel at any time in the app (Profile, Membership, Manage or cancel) or through the link in your Stripe receipt. Your access continues until the end of the week already paid for, and you will not be charged again.

Price changes. We will notify you at least 30 days before any price increase takes effect. You may cancel before it does.

Refunds. You may request a refund of a charge by writing to support@floorfn.com, or from Profile, Support in the app, within five (5) business days after the charge. Every request is reviewed individually by a person. If we approve it, we refund the charge to the original payment method. After that period, charges are not refundable, except where applicable law requires otherwise.

Statutory rights. These Terms do not limit any right of withdrawal, cancellation or refund that the law of your country of residence gives you as a consumer and that cannot be waived. Where such a right applies to a digital service that you ask us to begin supplying immediately, you agree that we may do so, and you may lose the right to withdraw to the extent the law allows.

Payment processing. Payments are processed by Stripe. We do not receive or store your full card number. If a payment fails, we may retry it and may pause your access until it succeeds.

Disputes. Please contact us before disputing a charge with your bank, so that we can resolve it quickly.

Comments are public and appear with your handle and name.

You must not post: harassment, hate or threats; spam; links, contact details or invitations to chat groups; statements you know to be false; paid or undisclosed promotion of a security; or anything intended to move a price. If you mention a position, you must disclose it.

We remove content and suspend accounts that breach these rules, ordinarily within 24 hours of a report. You may report a comment from its menu and block any user to hide what they post.

You keep ownership of what you post. You grant us a non-exclusive, worldwide, royalty-free licence to host and display it in the Service.

You must not: resell, republish or redistribute the Content or Analysis; scrape or access the Service by automated means; reverse engineer the Service; interfere with its security or operation; use it to manipulate a market or to facilitate securities fraud; or use it to harass another person.

We may suspend or end access that breaches this section. You may stop using the Service at any time.

The Service, the Analysis and its design belong to Undertow or its licensors. We grant you a personal, non-exclusive, non-transferable licence to use the Service for your own purposes under these Terms.

We handle personal data as described in the Privacy Policy. You may download a copy of your data at any time in the app (Profile, Download my data).

The Service relies on and links to third-party services, including data providers, Apple, Google and Stripe. We do not control them and are not responsible for their content, availability or terms.

To the fullest extent the law allows, the Service, the Content and the Analysis are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of accuracy, merchantability, fitness for a particular purpose and non-infringement.

To the fullest extent the law allows, we are not liable for any loss arising from trading or investment decisions, or for lost profits, or for indirect, incidental, special or consequential loss, arising from your use of, or reliance on, the Service.

To the fullest extent the law allows, our total liability to you for all claims relating to the Service is limited to the amount you paid us in the three (3) months before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for intentional or gross fault, fraud, or bodily or moral injury, or any right you have as a consumer that cannot be waived.

We may suspend or terminate your account if you breach these Terms, if required by law, or if continuing to provide the Service to you would cause us legal or security risk. Where reasonable we will tell you why. Sections that by their nature should survive termination will survive.

These Terms are governed by the laws in force in the Province of Quebec and the federal laws of Canada applicable there, without regard to conflict-of-law rules.

Subject to 17.3, the courts of the judicial district of Montreal have jurisdiction over any dispute arising from these Terms or the Service.

If you are a consumer, you keep the benefit of the mandatory consumer-protection laws of the place where you live, including any right to bring a claim before the courts of your place of residence.

We may update these Terms. For a material change we will give at least 30 days' notice in the app or by email before it takes effect. If you do not agree, you may cancel before the date it takes effect; continuing to use the Service afterwards means you accept the change.

These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If a provision is held unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a business transfer.

We may give you notices by email or in the app. You may write to us at support@floorfn.com.

Undertow, Montreal, Canada. support@floorfn.com