Terms of Service

Welcome to SPIKE Options LLC ("SPIKE", "we", "us", or "our"). By accessing or utilizing our automated options trading interface, platform software, Oculus AI builder, or execution layers (collectively, the "Service"), you agree to be bound by these Terms of Service. This agreement constitutes a legally enforceable contract between you ("Client", "User") and SPIKE. If you do not agree to these terms, you must immediately cease use of the Service.

1. Account Creation and API Security

To utilize the automated functionalities of SPIKE, you must establish an active registration profile. You warrant that all information provided during registration is accurate and complete. You maintain exclusive financial liability and security responsibility for safeguarding your access credentials, passphrases, and the cryptographic API keys issued by your external integrated brokerages.

SPIKE bears zero liability for capital liquidations, unauthorized trades, or financial losses resulting from compromised credentials, lost API keys, or unauthorized access to your hardware. You must notify us immediately if you suspect a breach of your SPIKE account.

2. Platform Scope and Operational Limits

SPIKE provides a standalone software execution layer and the Oculus proprietary AI strategy building system. SPIKE does not execute financial clearing, does not take custody of client funds, and does not operate as a registered broker-dealer, investment advisor, or fiduciary.

All algorithmic strategies designed in Oculus and deployed to SPIKE are sent directly to your third-party brokerage accounts over public networks via external API structures. You retain complete control over your capital and the parameters of your deployed strategies at all times.

3. Platform Availability and Force Majeure

While SPIKE targets institutional uptime availability for its execution layer, we do not guarantee uninterrupted or error-free platform access. System updates, server maintenance, API connectivity dropouts by partner brokerages, public network routing latencies, and market volatility spikes may cause execution delays or failures.

You agree that SPIKE shall not be held liable for mechanical, computational, or network transmission errors that impact strategy execution, order routing, or position closure. We strongly recommend actively monitoring your native brokerage accounts during extreme market events.

4. No Financial, Tax, or Legal Advice

The Service, including the Oculus AI strategy builder, is provided solely as a technological tool to assist users in constructing and executing their own trading logic. SPIKE does not provide personalized investment advice, portfolio management, or tax guidance.

Any pre-built templates, tutorials, or "Auto Mode" responses within Oculus are for educational and structural demonstration purposes only. You are solely responsible for evaluating the merits and risks associated with any trading strategy you build or deploy.

5. Assumption of Risk in Algorithmic Trading

Options and equities trading involves a substantial risk of loss and is not suitable for all investors. By using the Service, you explicitly acknowledge and accept the following risks:

• Algorithmic Errors: Flaws in your logical parameters may result in rapid, unintended, and highly leveraged trades.
• Slippage & Gaps: Fast-moving markets may cause orders to fill at prices significantly different from your requested execution price.
• API Failures: Disconnects between SPIKE and your native brokerage may leave positions open or unmanaged.

You agree that SPIKE is not responsible for any financial losses incurred through the deployment of your automated algorithms.

6. Subscription Billing, Oculus Tokens, and Refunds

Access to the Service requires an active monthly subscription (e.g., JOLT, SURGE, MAX). Billing occurs automatically at the beginning of each billing cycle to the payment method on file.

Oculus Tokens: Certain platform actions, including generating algorithms via Oculus, consume Oculus Tokens. Tokens are allocated at the start of each billing cycle based on your tier. Tokens do not roll over to the next month and have no cash value. Instant token top-ups purchased mid-cycle are non-refundable.

Refund Policy: Due to the intensive computational nature of our infrastructure, all subscription fees, add-on purchases, and token top-ups are strictly non-refundable once the billing cycle has initiated.

7. Acceptable Use and Prohibited Practices

You agree to use the Service in compliance with all applicable local, state, national, and international laws, including SEC, FINRA, and relevant exchange regulations. You are strictly prohibited from using SPIKE to:

• Execute manipulative market practices (e.g., spoofing, layering, wash trading).
• Reverse engineer, decompile, or attempt to extract the source code of the Oculus builder or the SPIKE execution engine.
• Share user seat access or deploy algorithms on behalf of unverified third parties (unless operating under an approved Institutional/Enterprise license).

SPIKE reserves the right to immediately suspend or terminate your API routing pipelines if manipulative or prohibited activity is detected.

8. Intellectual Property Rights

SPIKE Options LLC retains all rights, title, and interest in and to the Service, including the underlying algorithms, platform architecture, user interface, and the Oculus AI engine. You retain ownership of the specific, customized trading logic and parameter configurations you build within the platform.

9. Indemnification

You agree to indemnify, defend, and hold harmless SPIKE Options LLC, its affiliates, directors, officers, and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the algorithmic trading platform.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPIKE OPTIONS LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR CAPITAL, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL SPIKE'S TOTAL CUMULATIVE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO SPIKE FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in Delaware, and you waive any right to participate in a class action lawsuit.