Terms of Service.

1Agreement and acceptance

1.1These Terms of Service (the "Terms") are a legally binding agreement between you and the Operator (defined in Section 3) governing your access to and use of Serein, including the website at serein.trade and any subdomain, the Serein terminal, its data feeds, analytics, dashboards, emails, the Extension, the Community and its bots, and every related feature, service and communication (together, the "Service").

1.2You accept these Terms, and the Privacy Policy incorporated into them by reference, when you do any of the following, whichever happens first: request a sign-in link or code; create an account; sign in; tick a box or click a button indicating acceptance; start a free trial; purchase or renew a subscription; apply to or participate in the affiliate program; install or use the Extension; join or take part in the Community, including by pressing Verify, opening a ticket or linking your Discord account; enter a Giveaway; or access or use any part of the Service. Acceptance by any of these means has the same effect as a handwritten signature.

1.3If you use the Service on behalf of a company or other organisation, you represent that you are authorised to bind it, and "you" includes that organisation. If you are not so authorised, you accept these Terms personally.

1.4We may require you to accept these Terms again, including by clicking to agree before checkout. Each acceptance applies to your entire past and future use of the Service.

2Definitions

• "Account" means the account you use to access the Service, identified by your email address.
• "Content" means all data, prices, quotes, volumes, levels, charts, calculations, indicators, estimates, exposures, statistics, headlines, text, graphics, software and other material made available through the Service, whether originating from us or from third parties.
• "Market Data" means prices, quotes, trades, order book information, open interest, volumes and other information concerning financial instruments, including information obtained from exchanges, data vendors, trading platforms and other third parties.
• "Analytics" means any value the Service derives or estimates from Market Data, including gamma, delta, vanna and charm exposure, exposure walls, gamma flip levels, expected moves, implied volatility, volatility surfaces, dealer positioning, order flow and delta figures, footprint and depth displays, and any level, zone, marker, label or line drawn on a chart.
• "Subscription" means paid or trial access to the Service, billed on a recurring basis.
• "Fees" means all amounts charged for the Service, including subscription charges and applicable taxes.
• "Affiliate" means a person approved by us to participate in the affiliate program described in Section 13.
• "Extension" means the Serein for TradingView browser extension (formerly Serein Levels) and any other browser add-on we provide, with its updates.
• "Community" means the Serein Discord server and any other chat, forum, social or community space we run or moderate, together with its bots.
• "User Content" means anything you post, upload, send or share in the Community, in a ticket, in a review or anywhere in the Service, including messages, images, screenshots, names and reactions.
• "Giveaway" means any giveaway, sweepstakes, contest, raffle or other promotion we run, including in the Community.
• "Third-Party Platform" means a service run by someone else that the Service works with or through, including TradingView, Discord, Trustpilot and Stripe, and the browser and device you use.
• "Operator", "Serein", "we", "us" and "our" have the meaning given in Section 3.
• "Serein Parties" means the Operator, any Successor Entity, and each of their respective owners, members, managers, officers, employees, contractors, agents, affiliates, licensors, data providers, service providers, successors and assigns.
• "including" means "including without limitation".

3Who operates Serein

3.1At the date above, Serein is operated by its founder, an individual doing business as Serein from the United States, as a sole proprietor and not through a company (the "Operator"). The Operator's mailing address is 28 Geary St., Suite 650 PMB 5438, San Francisco, CA 94108, United States, and you can reach the Operator at the contact addresses in Section 35. References to "Serein", "we", "us" and "our" mean the Operator and, once one exists, any company or other entity to which the Operator transfers the Service or these Terms (a "Successor Entity").

3.2You agree that any Successor Entity may enforce these Terms as if it had been a party from the beginning, and that the rights, disclaimers, limitations, releases and protections in these Terms apply equally to the Operator personally, before and after any such transfer.

3.3No agent, affiliate, reseller, moderator or community member has authority to make any promise, representation or commitment on our behalf, or to vary these Terms.

4Eligibility

4.1You may use the Service only if you: (a) are at least 18 years old and the age of majority where you live; (b) have full legal capacity to enter into a binding contract; (c) are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction; (d) are not located in, ordinarily resident in, or a national of any country or region subject to comprehensive United States sanctions; (e) are not named on any government list of prohibited or restricted parties; and (f) have not previously had an Account suspended or terminated by us.

4.2You are solely responsible for determining whether your use of the Service is lawful where you are, and for compliance with every law, regulation and exchange rule that applies to you. We make no representation that the Service is appropriate or available in any particular place.

4.3If you use the Service in breach of this Section, you do so without our permission and entirely at your own risk, and we may terminate your Account at any time without refund.

5Not investment advice; no advisory relationship

5.1The Service is provided for general information and education only. Nothing in the Service is, or should be construed as, investment advice, trading advice, financial advice, tax advice, legal advice, a recommendation, a solicitation, an offer, or an endorsement to buy, sell or hold any security, futures contract, option, commodity or other financial instrument, or to adopt any trading strategy.

5.2We are not a broker, dealer, futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, investment adviser, financial planner, or exchange, and we are not registered as any of these with the U.S. Commodity Futures Trading Commission, the National Futures Association, the Securities and Exchange Commission, the Financial Industry Regulatory Authority, any state regulator, or any regulator anywhere else. The Service is impersonal: it is the same for every subscriber and is not tailored to your circumstances, objectives, finances or risk tolerance.

5.3No fiduciary, advisory, agency, partnership or other special relationship exists between you and any Serein Party. We do not know your financial situation and do not take it into account.

5.4Levels, zones, walls, flips, exposures and every other Analytics are mathematical estimates based on assumptions that may be wrong. No level is a prediction, a signal, or a guarantee that price will react, hold, reverse or continue. The Service deliberately does not tell you what to do, and you must not read any display, colour, label or marker as instructing you to trade.

5.5Any trading or investment decision you make is yours alone. You agree to consult a properly licensed professional before making financial decisions, and that you will not rely on the Service as the basis for any decision.

5.6Statements by the Operator, any Affiliate, any community member, or anyone else, in any channel, about markets, trades, levels or results are personal opinion only, are not made on behalf of the Service, and are subject to this Section.

6Trading risk disclosure

6.1Trading futures, options on futures, options, and other leveraged instruments involves substantial risk of loss and is not suitable for all persons. Because of leverage, a small market movement can result in losses that exceed the amount you deposited. You may lose all of your money and owe more.

6.2Only risk capital — money you can afford to lose entirely without affecting your standard of living — should be used for trading. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances.

6.3Past performance is not indicative of future results. Any example, chart, replay, backtest, historical level or illustration shown by the Service or anyone discussing it is illustrative only.

6.4Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown.

6.5Markets can gap, halt, become illiquid, move limit up or limit down, or behave in ways no model anticipates. Orders may not be filled at expected prices. Electronic trading and data systems fail. None of these risks are reduced by using the Service.

6.6You acknowledge that you have read and understood this disclosure, that you trade entirely at your own risk, and that no Serein Party is responsible for any trading result, loss, margin call, liquidation, missed opportunity, or tax consequence of any kind.

7Market data, calculations and accuracy

7.1Market Data is obtained from third parties we do not control. It may be delayed, incomplete, interrupted, out of sequence, mis-stamped, corrected after the fact, or simply wrong. We do not verify it and cannot guarantee it.

7.2Partial trade coverage. The futures trade tape displayed and used by the Service does not include every trade that occurs on the exchange. In our own measurements against the exchange's reported volume for the front-month contract, the trades received have totalled roughly 60% to 95% of that volume over a session, as little as about 30% in some hours, and the proportion varies from day to day and hour to hour. Any figure computed from trades — including delta, cumulative delta, footprint, large-trade and order-flow displays — reflects only the trades received, not the whole market, and may differ materially from figures shown elsewhere.

7.3Options-derived analytics. Exposure and positioning figures are estimated from option prices, open interest and observed trades using models and assumptions, including assumptions about which side of each trade market makers hold. Open interest is published by third parties once a day and is stale during the session. Levels derived from options on one instrument and displayed against the price of another related instrument are mapped using an estimated relationship between the two that changes continuously. All of these figures are estimates, and reasonable methods produce different answers.

7.4Outside regular trading hours, quotes for some instruments may be stale, snapshot or indicative. Contract rolls, corporate actions, exchange holidays, data vendor outages and platform changes can cause values to be wrong for extended periods.

7.5We may change any model, method, assumption, data source, calculation or display at any time without notice, which may change past or present values.

7.6No Serein Party is affiliated with, endorsed by, or sponsored by any exchange, index provider, fund sponsor or data vendor. Product names, symbols and marks belong to their owners and are used only to identify instruments.

7.7You agree that you will independently verify any Market Data or Analytics before relying on it for any purpose, and that no Serein Party is liable for any error, omission, delay, interruption or inaccuracy in any Content, however caused.

8Your account

8.1You must provide accurate, current and complete information, and keep it up to date. You may hold only one Account. Accounts are personal and may not be shared, transferred, sold, rented or used by anyone but you.

8.2Sign-in. The Service signs you in with a link and code sent to your email address. Anyone who can read your email can sign in as you. You are solely responsible for securing your email account and every device you use, and for all activity under your Account, whether or not you authorised it.

8.3Two devices at a time. An Account may be signed in on no more than two devices at a time, and may have no more than two open connections to the Service at a time. Signing in on a further device ends the oldest session, and opening a further connection ends the oldest connection. Both devices must be used by the Account holder alone. You must not attempt to defeat, work around or interfere with these limits, including by sharing an Account, sessions, tokens or links with anyone else.

8.4You must notify us immediately at the contact address in Section 35 if you suspect unauthorised access. We are not liable for any loss arising from unauthorised use of your Account, and you are liable for any loss we suffer as a result of it.

8.5Your name and profile picture are shown to you and to our administrators. If an Affiliate referred you, that Affiliate can see your username (never your email address or picture). Choose them accordingly. You must not choose a name or picture that is unlawful, offensive, misleading, or that infringes anyone's rights. We may change or remove either at our discretion.

8.6You may delete your Account from the account settings page. Deletion cancels your Subscription immediately, without any refund, and is permanent. Some records are retained as described in the Privacy Policy.

9Subscriptions, free trial and automatic renewal

9.1Plan. Access to the terminal requires an active Subscription, a free trial, or access granted by us. The current price is displayed on the subscription page before you check out and is charged in U.S. dollars.

9.2Automatic renewal. Your Subscription renews automatically every month, and your payment method is charged at the start of each billing period, until you cancel. While your Subscription stays active you pay the price you subscribed at, less any discount still running (Section 12). By subscribing you authorise us and our payment processor to charge your payment method for each renewal without further action by you.

9.3Free trial. Where offered, a free trial lasts one (1) day, or three (3) days if your payment method's billing address is in Utah, and requires a valid payment method. To check the payment method, we place a temporary authorization hold on it, of the amount shown before you start, which is released right away and never charged; if the hold is declined, the trial does not start. Unless you cancel before the trial ends, your Subscription begins automatically and you will be charged the monthly price shown at checkout when the trial ends. Before you start a trial we show you the date it ends, and we email you a confirmation that says how to cancel. Free trials are limited to one per person, household, payment method and email address, as determined by us in our sole discretion, including across variations of an email address. We may refuse, shorten or end any trial at any time.

9.4How to cancel. You can cancel online at any time with the Cancel subscription button on the subscription page, from the Billing tab in the terminal, or through the billing portal. If you cannot use them, email us from your Account's address and we will cancel for you and confirm by email. Cancellation takes effect at the end of the current paid billing period (or, during a free trial, at the end of the trial); you keep access until then and are not charged again. Cancelling does not entitle you to any refund or credit for the current or any past period. Uninstalling or not using the Service is not cancellation.

9.5Taxes. Prices exclude taxes unless stated. You are responsible for all taxes, duties and levies associated with your purchase other than taxes on our income.

9.6Payment processing. Payments are processed by a third-party payment processor under its own terms. To protect against fraud, when you add a payment method we may ask your card issuer to verify you with 3-D Secure or a similar check, and you agree to complete it. You agree that we may keep a record of that verification (its result, version and time, never your card number) together with your acceptance of these Terms, and use it as evidence if a payment is disputed. We do not receive or store your full card number. You authorise the processor to store your payment method and charge it as described in these Terms, and you are responsible for keeping it valid and current.

9.7Access granted by us. Any free, discounted, complimentary, promotional or Affiliate access is a revocable courtesy. We may end it at any time, for any reason or no reason, without notice or compensation.

9.8Discount codes. One code may be used per Subscription. The discount and how long it lasts are shown before you pay; when it ends, the regular price applies. Codes have no cash value, cannot be combined, and may be withdrawn for new checkouts at any time, but a discount already on your Subscription runs for its stated period.

10No refunds

10.1All Fees are fully earned when charged and are non-refundable and non-creditable under all circumstances, to the maximum extent permitted by law.

10.2Without limiting Section 10.1, no refund, credit, pro-rating or compensation of any kind will be given for any of the following:

• a partial or unused billing period, or a period in which you did not use the Service;
• a charge that followed a free trial you did not cancel in time;
• dissatisfaction with the Service, its features, speed, design, data or results;
• trading losses, missed trades, or any decision made using or without the Service;
• inaccurate, delayed, missing, incomplete or interrupted Market Data or Analytics;
• downtime, outages, maintenance, bugs, errors, data vendor or exchange outages, or degraded performance, of any duration;
• removal, change or discontinuation of any feature, data source, instrument or content;
• the two-device limit, being signed out, or being unable to access the Service on a particular device, network, browser or location;
• suspension, termination or banning of your Account for any reason, including breach of these Terms;
• deletion of your Account;
• a change to the price offered for new Subscriptions;
• the end, change or discontinuation of the Service or of any Subscription plan;
• the Extension not working, being blocked, removed or limited, including by any Third-Party Platform or because of any change it makes;
• removal, muting, timeout, kick or ban from the Community, removal of User Content, loss of a Community role, or the Community being changed, paused, locked or closed;
• not winning, or being disqualified from, a Giveaway;
• any duplicate account, duplicate charge caused by your actions, or failure to update your payment method.

10.3If a law that cannot be excluded by contract requires a refund in your specific case, any refund will be limited to the minimum amount that law requires, and no more.

10.4Any refund or credit we choose to give voluntarily is a one-time courtesy that does not create an obligation to do so again for you or anyone else.

11Failed payments, chargebacks and collections

11.1Failed payments. If a payment fails, your access to the Service is suspended immediately and stays suspended until the payment succeeds. We email you when a payment fails, with a link to pay or update your payment method. Our processor may retry the payment automatically over the following days; when a payment succeeds, access resumes. If you cancel while a payment is outstanding, your Subscription ends immediately, the failed payment is cancelled and not owed, and no further charges are attempted.

11.2Charges you question. If a charge looks wrong, email us first: we can usually fix a billing mistake faster than a bank. Nothing in these Terms limits any right you have by law to dispute a charge with your card issuer or bank. While a dispute is open we may pause your Account, and if a charge you authorised is reversed we may close your Account and give the payment processor our records of your agreement and use (including sign-in, session and usage records, IP addresses and your acceptance of these Terms).

11.3Unpaid amounts may be referred to collection. You agree to pay reasonable costs of collection to the extent permitted by law.

12Price and plan changes

12.1We may change the price, plans, trial terms and features offered for new Subscriptions at any time. We will not raise the price of your Subscription while it stays continuously active. If your Subscription ends for any reason, including cancellation or a failed payment you do not fix, a new Subscription is at the price then offered.

12.2A discount runs only for the period shown when you applied it (Section 9.8). If we ever change the features included in your plan in a way that materially reduces them, we will email you at least 30 days beforehand, and you may cancel before the change takes effect.

13Affiliate and referral programs

13.1Participation. The affiliate program is offered at our sole discretion. We may approve, refuse, suspend or remove any applicant or Affiliate at any time, for any reason or no reason, without notice or explanation. Applying creates no right to be approved.

13.2Codes and links. Each Affiliate is assigned a referral code chosen by us, and a referral link that carries it. We may change or revoke a code or link at any time. A customer is attributed to an Affiliate only if the customer enters the code in the Service before checkout (a customer who arrives through the Affiliate's link and checks out with its code applied has entered it), or we record the attribution to that Affiliate in our records, and in either case only if no other attribution already exists for that customer. Attribution is determined solely by our records, which are final.

13.3Commission. While you are an approved Affiliate in good standing, you may accrue a commission equal to fifteen percent (15%) of the subscription amount actually collected by us, net of taxes and payment processing fees (the fees our payment processor charges us on that payment), from a customer attributed to you, for each billing period in which that customer's payment is successfully collected. No commission accrues on free trials, failed or reversed payments, refunds, chargebacks, credits, taxes, or amounts not actually received. Commission stops accruing when the customer stops paying for any reason, when you stop being an Affiliate, or when we end the program. We may change the commission rate or structure prospectively at any time.

13.4Payment of commission. Commission on a payment clears once the payment is collected and our payment processor has reported its fee, unless the payment has been refunded, reversed or disputed by then. Once your cleared commission reaches US$1 you may request a payout, in a method we support (currently PayPal only); we may require tax and identity information first. We may withhold, offset, reverse or permanently forfeit any commission, paid or unpaid, that relates to a payment later refunded, reversed or disputed (and you must repay on request, or we may deduct from later commission, any commission already paid to you on such a payment), or where we believe in our sole discretion that you breached these Terms, engaged in fraud, self-referral, cookie stuffing, spam, paid search on our name, misleading promotion, or any activity harmful to us. Unpaid commission is forfeited if you are removed for cause, or if it remains unrequested for twelve (12) months after it clears. Request any cleared commission before you delete your Account: deletion erases your payout details, and commission not requested by then is forfeited.

13.5Free access. Access to the Service provided to Affiliates without charge is a revocable courtesy under Section 9.7 and ends automatically when you stop being an Affiliate, after which normal Fees apply.

13.6Conduct. Affiliates must: clearly and conspicuously disclose their financial relationship with us wherever they promote the Service or share their code or link, as required by the U.S. Federal Trade Commission and any other applicable law; never state or imply that the Service provides advice, signals, guaranteed levels, profits or results; never make earnings or performance claims; never send unsolicited messages; never impersonate us or suggest they speak for us; never bid on our name or marks in paid advertising; and comply with every law and platform rule that applies to them.

13.7Independent contractor; taxes. Affiliates are independent contractors, not employees, agents, partners or joint venturers. You are solely responsible for all taxes on commission you receive. No Affiliate income of any amount is promised or guaranteed.

13.8No reliance on the dashboard. Figures shown in the affiliate dashboard are informational estimates. Our internal records control.

13.9We may modify, suspend or end the affiliate program, in whole or in part, at any time without liability. Sections 13.4, 13.7 and 13.8 survive.

13.10Referral program. Any Account holder with a completed profile may join the referral program from the Settings page, without approval, and becomes a "Referrer". A Referrer receives a referral code made from their username, which we may change or revoke, and a link that carries it. Sections 13.2, 13.3, 13.4, 13.6, 13.7, 13.8 and 13.9 apply to Referrers as they apply to Affiliates, with these differences: (a) commission accrues on a referred customer's payment only if, when that payment is collected, the Referrer has an active paid subscription to the Service or access we have granted; no commission accrues, then or later, on payments collected while it does not; (b) joining gives no free access, and Section 13.5 does not apply; (c) we may remove any Referrer, or end the referral program, at any time, for any reason or no reason, under Section 13.1. A Referrer we later approve as an Affiliate keeps the customers attributed to them. Self-referral, including through a second account or another person acting for you, is fraud under Section 13.4.

14Acceptable use

14.1You agree not to, and not to allow or help anyone else to:

1. copy, record, scrape, crawl, harvest, download in bulk, cache, archive, or systematically extract any Content, by any means, including screen capture automation, browser extensions (other than the Extension, used as we provide it), bots, scripts or APIs;
2. access the Service by any automated means, or through any interface other than the ones we provide;
3. reverse engineer, decompile, disassemble, decode, or attempt to derive the source code, models, methods, assumptions, data sources or structure of the Service or of its data feed, except to the limited extent applicable law expressly permits despite this restriction;
4. intercept, inspect, reuse or replay the data sent to your browser for any purpose other than viewing it in the Service;
5. share, sell, rent, lend or transfer your Account, session, sign-in link or code, or allow any other person to view or use the Service through your Account;
6. circumvent the two-device limit, any access control, paywall, rate limit or security measure;
7. probe, scan or test the vulnerability of the Service, or breach any security or authentication measure, without our prior written permission;
8. interfere with, overload or disrupt the Service, its servers or networks, or other users;
9. use the Service to build, train, benchmark or improve a competing product, dataset, model or service;
10. abuse free trials, create multiple Accounts, or use false identities or payment details;
11. use the Service for any unlawful purpose, including market manipulation, fraud, or in breach of any exchange rule, data licence or securities, commodities or consumer law;
12. upload or transmit malware, or any unlawful, infringing, offensive or harmful material;
13. misrepresent your identity or affiliation, or impersonate any person, including us;
14. modify, decompile, repackage, redistribute or publish the Extension, or use it or the levels it receives for anything other than drawing them on your own charts for your own viewing;
15. spam, flood, raid or abuse the Community, its bots, verification, tickets or Giveaways, including by using automation, more than one account, or other people to enter or get around them;
16. harass, threaten, dox, defraud or scam any member, or solicit members by direct message for any service, signal, investment or payment;
17. post in the Community trade calls presented as certain, promises of returns, or anything a reasonable person would read as personal investment advice, or that is false, misleading or manipulative;
18. remove or obscure any notice, disclaimer, watermark or attribution in the Service.

14.2We may investigate any suspected breach and cooperate with law enforcement, and may take any action we consider appropriate, including suspension and termination without refund.

14.3Security measures. To protect the Service, its software and the Market Data licensed to us, we use technical measures that you agree not to disable, remove, alter or circumvent, including: (a) providing the Service only to signed-in Accounts and only through our own website and Extension; (b) obscuring the software we send to your browser; (c) marking each copy of that software, and the data we send you, with identifiers linked to your Account; and (d) monitoring how the Service is used to detect shared Accounts, automated access and redistribution, as described in our Privacy Policy. If a copy of our software or data carrying identifiers linked to your Account is found outside the Service, we may treat it as a breach of these Terms by you, suspend or terminate your Account without refund under Section 20, and pursue any remedy available to us, including takedown requests.

15Redistribution and screenshots

15.1Market Data is licensed by third parties for your personal, non-commercial viewing only, and exchanges and vendors prohibit its redistribution. You must not redistribute, publish, broadcast, retransmit, resell or display to others any Market Data or Analytics, in whole or in part, in any form, including through signal groups, chat rooms, trading communities, social media, websites, newsletters, streams, videos or courses.

15.2Occasional still screenshots shared for non-commercial personal discussion are tolerated only until we tell you otherwise, only if they include no more than an incidental amount of Content, show the Serein name, and are not used to provide levels, signals or data to others. We may withdraw this tolerance generally or for you at any time. Commercial use, including in paid groups, courses or services, requires our prior written consent. Within the Community, screenshots of the terminal may be posted where its rules allow and as they limit; that does not permit taking them, or anything else posted there, outside the Community.

15.3You are liable for, and will indemnify the Serein Parties against, any claim, fee or penalty from any exchange or data provider arising from your redistribution or misuse of Content.

15.4Marked data. Data we deliver to you may contain identifiers, invisible in the Service, that are unique to your Account. Removing or altering them is a breach of these Terms and does not prevent us from identifying you as the source of data that is redistributed.

16Intellectual property and licence

16.1The Service and all Content, software, models, methods, designs, text, graphics, logos, names and marks, and all intellectual property rights in them, are owned by the Serein Parties or their licensors. No rights are transferred to you.

16.2Subject to your full compliance with these Terms and payment of all Fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the Service for your own personal, non-commercial use during your Subscription. We may revoke this licence at any time. All rights not expressly granted are reserved.

16.3"Serein" and associated names and logos are our marks. You may not use them without our prior written consent, except as permitted to approved Affiliates under our instructions.

16.4Copyright complaints. If you believe something on the Service, such as a profile picture, infringes your copyright, send a notice that meets 17 U.S.C. §512(c)(3) to the contact address in Section 35. We remove infringing material and close the Accounts of repeat infringers.

17Feedback

If you send us suggestions, ideas, bug reports or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable and sublicensable right to use, modify, commercialise and disclose it for any purpose, without obligation, attribution or compensation to you. You waive any moral rights in it.

18Third-party services

18.1The Service depends on third parties, including data vendors, trading platforms, exchanges, hosting and database providers, network and security providers, email providers and payment processors. Their services are provided under their own terms and policies. We do not control them and are not responsible for their acts, omissions, availability, security, accuracy or terms.

18.2Links to third-party websites, including news headlines, are provided for convenience only. We do not endorse or verify them and are not responsible for their content.

18.3Third-Party Platforms. Parts of the Service work with or through Third-Party Platforms, including TradingView (the Extension draws on TradingView charts in your browser), Discord (the Community and its bot), Trustpilot (reviews) and Stripe (payments). None of them is affiliated with, sponsored by or endorsed by us, or responsible for the Service. Your use of each is governed by its own terms and privacy policy, which you must accept and follow separately. We do not control them; they may change, restrict or end what they allow at any time, which may make part of the Service stop working, and no Serein Party is liable for that.

18.4Your accounts elsewhere. You are solely responsible for your accounts on Third-Party Platforms and for every consequence there of your use of the Service, including any warning, limit, suspension or ban a platform applies to your account. TradingView, Discord, Trustpilot and Stripe are trademarks of their owners, named only to describe what the Service works with.

19Availability, changes and beta features

19.1We do not guarantee that the Service will be available, uninterrupted, timely, secure, error-free, or available during market hours or at any particular time. The Service runs on infrastructure that can and will fail, including our own servers, network connections, electricity, third-party data feeds and platforms. Outages may last minutes, hours or longer and may occur during periods of market volatility when you most want access.

19.2We may modify, add, remove, suspend or discontinue any part of the Service, any instrument, data source, feature or calculation, or the whole Service, at any time, with or without notice, and without liability or refund.

19.3Features described as beta, preview, experimental or new are provided with even less assurance than the rest of the Service and may be changed or withdrawn at any time.

19.4We have no obligation to provide support, maintenance, updates or any particular response time.

19.5We have no obligation to store your layouts, settings, preferences or any other information, and are not liable for their loss.

20Suspension and termination

20.1We may suspend, restrict or terminate your access to all or part of the Service, or your Account, at any time, for any reason or no reason, with or without notice, including if we believe you breached these Terms, created risk or possible legal exposure for us, abused the Service or its staff, or if continuing to provide the Service to you is no longer commercially viable.

20.2Suspension or termination for any reason does not entitle you to any refund, credit or compensation. If we terminate your Account because you breached these Terms, you must pay any Fees that would have been due for the remainder of the then-current billing period.

20.3You must not create a new Account after we suspend or terminate yours without our written permission.

20.4On termination, your licence ends immediately. Sections 5 to 7, 10, 11, 13.4, 13.7, 13.8, 15 to 18, and 20 to 40, and any other provision that by its nature should survive, survive termination.

21Disclaimer of warranties

21.1To the maximum extent permitted by law, the Service and all Content are provided "as is", "as available" and "with all faults", without warranty of any kind. The Serein Parties expressly disclaim all warranties, conditions and representations, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, completeness, timeliness, reliability, availability, and any warranties arising from course of dealing, course of performance or usage of trade.

21.2Without limiting the foregoing, the Serein Parties do not warrant that: the Service or any Content is accurate, complete, current or reliable; any level, estimate or calculation is correct; the Service will meet your requirements or expectations; the Service will be uninterrupted, secure or free of errors, viruses or harmful components; defects will be corrected; or any result, profit, or outcome will be achieved by using the Service.

21.3No advice or information, oral or written, obtained from any Serein Party or through the Service creates any warranty not expressly stated in these Terms. You use the Service entirely at your own risk and discretion.

21.4Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions apply to the fullest extent permitted, and any warranty that cannot be excluded is limited to the shortest duration permitted by law.

22Limitation of liability

22.1To the maximum extent permitted by law, in no event will any Serein Party be liable to you or any third party for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any trading losses, investment losses, lost profits, lost revenue, lost opportunity, loss of data, loss of goodwill, business interruption, margin calls, liquidations, cost of substitute services, or any other loss or damage of any kind, arising out of or relating to these Terms, the Service, any Content, any Market Data or Analytics, any decision made or action taken or not taken in reliance on the Service, any outage, error, delay, inaccuracy or omission, any unauthorised access to your Account or data, any conduct of any third party, or the affiliate program, however caused and under any theory of liability, whether contract, tort (including negligence), strict liability, statute or otherwise, even if a Serein Party has been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.

22.2To the maximum extent permitted by law, the total aggregate liability of all Serein Parties combined, for all claims of every kind arising out of or relating to these Terms or the Service, will not exceed the greater of (a) the Fees you actually paid to us for the Service in the twelve (12) months immediately before the event giving rise to the first claim, and (b) one hundred U.S. dollars (US$100).

22.3These limitations apply to the Operator personally, and to each Serein Party, to the same extent as to the Service. They are a fundamental basis of the bargain between you and us; the Service would not be offered, or would be offered only at a substantially higher price, without them.

22.4Some jurisdictions do not allow the exclusion or limitation of certain damages, including liability for death or personal injury caused by negligence, or for fraud. To the extent such a law applies to you, the affected limitation applies to the maximum extent that law permits, and every other limitation continues to apply in full.

23Release

23.1To the maximum extent permitted by law, you release each Serein Party from claims, demands and damages of every kind, known and unknown, arising out of or connected with any dispute between you and another user, an Affiliate or any other third party.

23.2For the release in Section 23.1 only, if you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law of any other jurisdiction.

24Assumption of risk

You expressly acknowledge and assume all risks associated with trading and investing, with using analytics derived from incomplete and third-party data, and with using an internet service that may be unavailable, inaccurate or insecure. You agree that you, and not any Serein Party, are responsible for every trade, position, order and financial decision you make, and for every consequence of them.

25Indemnification

25.1To the maximum extent permitted by law, you will defend, indemnify and hold harmless each Serein Party from and against all claims, actions, demands, proceedings, losses, damages, liabilities, judgments, settlements, penalties, fines, costs and expenses, including reasonable attorneys' and experts' fees, brought by a third party and arising out of or relating to: (a) your misuse of the Service or any Content; (b) your breach of these Terms or any law, regulation or exchange rule; (c) any redistribution of Content by you or through your Account; (d) your activities as an Affiliate, including any promotion, statement or claim you make; and (e) your violation of any right of any third party.

25.2We may assume the exclusive defence and control of any matter subject to indemnification, at your expense, and you will cooperate fully. You may not settle any matter that affects a Serein Party without our prior written consent.

26Dispute resolution, binding arbitration and class action waiver

Please read this Section carefully. It requires you to resolve disputes with us through final and binding individual arbitration, and limits how you can seek relief. You waive your right to a jury trial and to participate in a class, collective or representative action.

26.1Informal resolution first. Before starting arbitration, you must send a written notice of your dispute to the contact address in Section 35, including your name, the email address on your Account, a description of the dispute, and the relief you seek. You and we will try in good faith to resolve it informally for sixty (60) days after we receive a complete notice. This is a condition precedent to starting any proceeding, and any limitation period is tolled during it.

26.2Agreement to arbitrate. Any dispute, claim or controversy of any kind between you and any Serein Party arising out of or relating to these Terms, the Service, any Content, any Fee, the affiliate program, or the relationship between you and us, including the formation, existence, scope, validity, interpretation or enforceability of this agreement to arbitrate (together, "Disputes"), will be resolved exclusively by final and binding individual arbitration, except as stated in Section 26.6.

26.3Rules and forum. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or its Commercial Arbitration Rules if you are not a consumer, as modified by this Section. It will be conducted by a single arbitrator, in English, with the seat of arbitration in the State of Delaware. Hearings may be held by video or on written submissions where the rules permit. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction.

26.4Class action and jury trial waiver. You and we each agree that Disputes will be brought and resolved only on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general or representative proceeding. The arbitrator may not consolidate the claims of more than one person, may not preside over any form of class or representative proceeding, and may award relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and we each waive any right to a trial by jury.

26.5Mass filings. If twenty-five (25) or more similar demands for arbitration are filed by or with the assistance of the same or coordinated counsel or organisations, the AAA's Mass Arbitration Supplementary Rules and fee schedule apply to them.

26.6Exceptions. Either party may bring an individual claim in small claims court in Delaware or in your county of residence if it qualifies and remains there. We may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property, Content, data licences, systems or confidential information, or to stop unauthorised access, scraping or redistribution.

26.7Costs. Each party bears its own attorneys' fees and costs, except where the applicable rules or a non-waivable law provide otherwise, or where the arbitrator finds a claim or defence frivolous or brought for an improper purpose, in which case the arbitrator may award fees and costs to the other party.

26.8Severability of this Section. If the class action waiver in Section 26.4 is found unenforceable as to any claim, that claim must be severed and stayed in court pending individual arbitration of all other claims, and may not be arbitrated on a class basis. If any other part of this Section is found unenforceable, the remainder continues to apply.

26.9This Section survives termination of these Terms and of your Account.

27Governing law and venue

These Terms and all Disputes are governed by the laws of the State of Delaware, United States, and applicable federal law, without regard to conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. To the extent any Dispute is permitted to proceed in court rather than arbitration, you consent to the exclusive jurisdiction of, and venue in, the state and federal courts located in the State of Delaware, and waive any objection based on inconvenient forum.

28Time limit for claims

Any claim arising out of or relating to these Terms or the Service must be brought within the time the applicable law allows.

29Electronic communications and notices

29.1You consent to receive all communications, agreements, notices, disclosures, receipts and other information from us electronically, by email to the address on your Account or by posting in the Service, and agree that they satisfy any legal requirement that they be in writing. Messages our Community bot sends you, such as ticket transcripts and moderation notices, are communications under this Section.

29.2Notices to you are effective when sent to your email address or posted, whether or not you read them. You are responsible for keeping your email address current and able to receive our messages.

29.3Notices to us must be sent to the contact address in Section 35 and are effective when received.

30Export controls and sanctions

You will comply with all applicable export control and economic sanctions laws. You represent that you are not subject to sanctions, not located in a sanctioned country or region, and will not use or permit use of the Service in violation of those laws. We may block access from any location or person at our discretion.

31Force majeure

No Serein Party is liable for any failure or delay in performance caused by events beyond reasonable control, including acts of God, natural disasters, fire, flood, storms, epidemics, war, terrorism, civil unrest, labour disputes, government action, sanctions, power or internet failures, hosting or cloud provider failures, cyberattacks, exchange closures or halts, data vendor or trading platform outages or changes, and failures of any third-party service.

32Changes to these Terms

32.1We may change these Terms by posting a revised version on the Service and updating the date above. If a change materially affects you, we will email you at least thirty (30) days before it takes effect; other changes take effect when posted.

32.2If you do not agree to a change, you may cancel your Subscription before it takes effect, and the previous Terms continue to apply to you until the end of the period you have paid for. Continuing to use the Service after a change takes effect is acceptance of it.

32.3Changes to Section 26 will not apply to a Dispute of which we had actual notice before the change was posted.

33Assignment and successors

You may not assign or transfer these Terms or any right or obligation under them, by operation of law or otherwise, without our prior written consent; any attempt is void. We may freely assign, transfer or delegate these Terms and any of our rights and obligations, in whole or in part, without your consent or notice, including to a Successor Entity or in connection with a merger, acquisition, reorganisation or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

34General provisions

34.1Entire agreement. These Terms, together with the Privacy Policy and any terms presented to you at checkout or on joining the affiliate program, are the entire agreement between you and us about the Service and supersede all prior communications, proposals and understandings, whether oral or written.

34.2Severability. If any provision is held invalid, illegal or unenforceable, it will be enforced to the maximum extent permissible and modified to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full force.

34.3No waiver. Our failure or delay in enforcing any provision is not a waiver of it or of any other provision. A waiver is effective only if in writing and signed by us.

34.4Relationship. Nothing in these Terms creates any partnership, joint venture, agency, employment, fiduciary or franchise relationship.

34.5No third-party beneficiaries. Except for the Serein Parties, who are intended beneficiaries of the disclaimers, limitations, release and indemnity in these Terms, no third party has any right to enforce them.

34.6Interpretation. Headings are for convenience only. "Including" means "including without limitation". Words in the singular include the plural and vice versa. No provision will be construed against the party that drafted it. If these Terms are translated, the English version controls.

34.7Records. Our electronic records of sign-ins, sessions, acceptance of these Terms, attribution, usage and payments are admissible and are conclusive evidence of their contents, absent manifest error.

34.8Cumulative remedies. Our rights and remedies under these Terms are cumulative and in addition to any available at law or in equity.

35Contact

Notices and questions about these Terms: [email protected]. Please include the email address on your Account. By post: Serein, 28 Geary St., Suite 650 PMB 5438, San Francisco, CA 94108, United States.

36The Serein for TradingView browser extension

36.1The Extension is optional. It uses your Serein sign-in, kept in your browser, to fetch Analytics from the Service — levels, the liquidity heat map, the order book, trade bubbles, the tape and the other studies it offers — and draw them on charts on a Third-Party Platform (currently TradingView) in your browser. It works only while you hold an active Subscription, free trial or access granted by us, and only for as long as that platform allows it.

36.2Everything drawn by the Extension is Analytics, and Sections 5, 6 and 7 apply to it in full. It may lag the terminal; may be drawn at prices that differ from the price the platform shows, because the platform may use a different data source, contract, roll or session; may be missing, duplicated or wrong; and may disappear at any time. They are not saved to your charts, are not a record, and are not a signal to trade.

36.3Section 16.2 applies to the Extension: you may use it on devices you control, for your own viewing. We may update it automatically, change it, stop supporting any browser or platform, or disable it remotely, at any time and without notice or liability.

36.4The Extension is not made, endorsed or supported by TradingView or any other Third-Party Platform. Whether using it is permitted under your agreement with that platform is for you to decide, and you bear every consequence on your account there (Section 18.4). We may withdraw the Extension at any time, including if a platform asks us to.

36.5You can remove the Extension from your browser whenever you like. Removing it does not cancel your Subscription (Section 9.4), and the Extension not working is not a reason for a refund (Section 10).

37The Serein Community

37.1The Community is a free courtesy, separate from your Subscription: joining it is optional, and it is not part of what you pay for. Anyone who meets the Third-Party Platform's own requirements, including its minimum age, may join it, and Section 4.1(a) and (b) do not apply to the Community alone. Everything else — the website's account features, the terminal, Subscriptions, the Extension and Giveaways — remains for adults only (Sections 4 and 38). We may change, pause, lock, restrict or close all or any part of it at any time, without notice or liability.

37.2Rules and moderation. You must follow these Terms, the Community's posted rules and the platform's rules. We, our moderators and our automated tools — including verification checks, holds on new accounts, raid and spam protection, scam and content filters, and the removal of members who do not verify — may, at our sole discretion and without notice or explanation, remove or hide any User Content, and mute, time out, kick or ban anyone, or restrict any feature. Automated tools make mistakes. We have no obligation to monitor the Community, to act on any report, or to reverse any action, and no liability for any action we take or do not take.

37.3Subscriber role. If you link your Discord account, we use the link to give your Discord account the Subscriber role while your Subscription, trial or access granted by us is active, and to remove it when that ends. The role, and the channels it opens, are a courtesy we may change or remove at any time.

37.4Other members. Members' User Content, opinions, trade ideas, calls and direct messages are their own, not ours (Section 5.6). We do not verify members' identities, claims or results, and we are not responsible for anyone's conduct inside or outside the Community, including scams, impersonation, or losses caused by other members. Serein staff will never ask you by direct message for your password, sign-in code, card details, seed phrase or any payment.

37.5User Content. You keep any rights you have in your User Content. You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable licence to host, store, copy, display, moderate, remove and keep it, and to use it to operate, secure, support and improve the Service and the Community, including in ticket transcripts and moderation records. You are solely responsible for your User Content and promise that you have every right needed to post it and that it breaks no law and no one else's rights. We do not endorse any User Content.

37.6Tickets. Support tickets are private between you and Serein. Never put card numbers, passwords or sign-in codes in a ticket. We keep transcripts as the Privacy Policy describes and may send you a copy. A ticket is not notice under Section 29: legal notices must go to the contact address in Section 35.

38Giveaways: official rules

38.1No purchase, subscription or payment of any kind is necessary to enter or win. A purchase does not improve your chances of winning. Void where prohibited or restricted by law. These rules apply to every Giveaway. A Giveaway's own post may add details (such as the prize, the number of winners and the entry period), which then apply to that Giveaway together with these rules.

38.2Sponsor. The sponsor is the Operator (Section 3), 28 Geary St., Suite 650 PMB 5438, San Francisco, CA 94108, United States. Discord and every other Third-Party Platform are not sponsors, do not administer or endorse any Giveaway, and are released by you from any claim relating to it.

38.3Eligibility. Open only to natural persons who, when they enter, are at least 18 years old and the age of majority where they live, are verified members of the Community, and live where the Giveaway is not prohibited. Not open to the Operator, Serein's moderators, staff and Affiliates, anyone involved in running the Giveaway, or the immediate family or household members of any of them, nor to anyone described in Section 4.1(c) to (f).

38.4How to enter. Press the Enter button on the Giveaway post during the entry period the post shows. A Giveaway's post may also require that you have invited a minimum number of people who joined the Community and verified; invites are counted by the Community bot from its own records, which are final, and the requirement is checked both when you enter and again when winners are drawn. One entry per person, however many accounts you have. Entries made by automated means, through more than one account, or in any way that breaks these Terms are void, and we may disqualify anyone who makes them from this and future Giveaways.

38.5Winners. When the entry period ends, the Community bot draws the winners at random from all eligible entries and announces them in the Community. The odds of winning depend on the number of eligible entries received. Each Giveaway post states the prize and the number of winners; the approximate retail value of a prize is stated in its post or available from us on request.

38.6Claiming a prize. A winner must claim the prize by opening a ticket within seven (7) days of the announcement, and may be required to confirm eligibility, sign a declaration of eligibility and release, and give us what we need to deliver the prize or to meet tax rules (for example a U.S. Form W-9). If a winner does not claim in time, is not eligible, or does not comply, the prize is forfeited and we may draw another winner.

38.7Prizes. Prizes are awarded as described, cannot be transferred, and cannot be exchanged for cash, except at our discretion. We may substitute a prize of equal or greater value. A prize of access to the Service is subject to these Terms. Winners are solely responsible for all taxes and costs connected with a prize.

38.8Our rights. We may cancel, suspend, change or end any Giveaway, or void any entry, if fraud, a technical failure, a bug or anything else beyond our reasonable control affects its fair running, or if the law requires it; we may then award prizes among the eligible entries received before that happened. Our decisions on every matter relating to a Giveaway are final.

38.9Release and publicity. By entering, you release the Serein Parties from all liability for any loss, injury or damage arising from the Giveaway or any prize, to the fullest extent the law allows, and agree that your Discord username may be announced as a winner, where the law permits. For a list of winners, email the contact address in Section 35 within 60 days after a Giveaway ends. Sections 26 and 27 govern any dispute.

39Reviews and testimonials

39.1You are free to review Serein honestly anywhere, including on Trustpilot, whether your review is positive or negative. Nothing in these Terms restricts or penalises your ability to write an honest review or to talk about the Service, or is meant to, and nothing in them waives any right you have under the U.S. Consumer Review Fairness Act or any similar law.

39.2We do not pay for, reward or require reviews, do not ask only satisfied customers, and do not write or post reviews in anyone else's name. No discount, free access, Giveaway entry, commission or other benefit is ever conditioned on writing a review or on what it says. Affiliates, and anyone else with a material connection to us, must disclose it whenever they review or promote the Service (Section 13.6).

39.3We may respond to reviews publicly, and may report a review that breaks the review platform's own rules. A customer's statements describe their own experience only and are not a promise or prediction of any result; trading results vary from person to person.

40How Sections 36 to 39 fit with the rest

40.1Sections 36 to 39 add to the rest of these Terms and do not reduce any protection in them. Every disclaimer, limitation of liability, release, indemnity, the agreement to arbitrate and the class action waiver in Sections 21 to 28 apply in full to the Extension, the Community, Giveaways, reviews, and every Third-Party Platform.

40.2Without limiting Section 25, your indemnity covers any claim arising from your User Content, your conduct in the Community, your use of the Extension, your breach of any Third-Party Platform's terms, or your entry in a Giveaway.