Terms of Service
Last Updated: May 8, 2021
From everyone that's helped make TOS Indicators and the Volatility Box a reality, thank you for using our tools! We started making thinkScript tutorials and sharing indicators for free to empower traders to learn how to write their own code, and save their hard earned money.
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to TOS Indicators, our officers, employees, and agents. When we say “Services” or "Products", we are referring to any of our products created and maintained by us, TOS Indicators. That includes our Futures and Stock Volatility Box memberships, custom projects, along with our thinkScript tutorials, indicators, scans, strategies, research, squeeze course, and trade report videos, whether delivered within a web browser, desktop application, mobile application, or a different format.
When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.
When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. This holds true for all of our existing products, along with any future Services that we add over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If you violate any of the terms, we may terminate your account.
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Here's a guide by Avast on creating a safe and secure password, that's unlikely to be hacked.
- You must include our header code, when sharing any of our free indicator files, or any of the code contained within.
- You may not share any paid indicator files with other friends, traders, the Internet, or anyone that is not you (or your spouse). Your subscription grants only you access to download and use any of the indicator files.
- You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Payment, Refunds and Trials
- If you are using any of our free Services (including our ThinkOrSwim indicators, scans, strategies, or trade reports), they are really free. This means we don't ask for your credit card information, or any other type of sensitive information. The only thing required to create an account is your email address, address (and your real one, if you'd like to receive updates of indicators). We also do not sell your data to anyone.
- For paid Services, we do not offer any refunds, given the digital nature of our indicator files and code. This includes both, the Futures and Stock Volatility Box memberships, along with any of our paid indicator files (including custom projects). If you'd like to get a feel for our free Services prior to signing up for a paid Service, you can do so on the Learn page of our website. However, once you sign up, if the Service does not fit your trading style, we will be happy to set your Service to expire at the end of its billing period, to avoid any future renewals. We do not, however, offer any refunds, as we include all of our premium indicators and code (which has been several years worth of work) with the purchase of any monthly Service subscription (such as our Volatility Box memberships).
- If a renewal is processed that you intended to cancel, but forgot to, send us an email. As long as you send us an email within 24 hours after the renewal is processed and as long as you have not downloaded new indicator files, we will do our best to help you out and refund your renewal order, minus fees. The only thing we subtract from your refund will be the fees that our payment processor collects, for having processed your order (usually a small percentage of the overall refund). If you send us an email after 24 hours, or have downloaded new indicator files after your subscription's renewal, then we will set your subscription to automatically expire at the end of your new billing period, but we will not be able to refund you any portion of your Service fee for that subscription's period.
- For paid Services, we do not offer any trials, again, due to the digital nature of our indicator files and code. The only time that we have offered a trial for any of our Paid Services was in mid-2019, and the trial offer expired on December 31, 2019.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
- We accept most major credit cards, and process our transactions using a secure AES-256 encryption for all payment methods (provided by Stripe). We use secure checkout (HTTPS), and lean on Stripe's stringent PCI-Service Provider Level 1 certification, to ensure security for all transactions.
Cancellation and Termination
- You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple cancellation link. For Futures Volatility Box subscriptions, you can manage your subscription on its My Account page, and for Stock Volatility Box subscriptions, you can manage your subscription on its My Account page. An email or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always send us an email, and we're happy to help.
- All cancellations of any of our paid Services will result in that paid Service being set to expire at the end of its current billing period. This will prevent any auto-renewals, and ensure that you are not charged for an additional month.
- We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. While unlikely, we may terminate your account if you are breaking any of the rules mentioned in this terms and service document (such as sharing your account with others, sharing paid indicators with others, hostility, scripting/AWS automation, to name a few). We also reserve the right to refuse the use of the Services to anyone for any reason at any time.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.
- For any of our paid Services that include a recurring monthly subscription, your membership fee will be locked in to the monthly subscription fee during sign up. This means, if you signed up when the Volatility Box was $169/month, and the price is currently $189/month, your subscription will remain at $169/month, for as long as you have an active paid Services subscription.
- If any of our paid Services discounts expire with the cancellation of one or more of our Paid Services, the remaining membership will be billed at the non-discounted subscription fee. For example, if you have a Volatility Box bundle membership, and you choose to cancel your Futures Volatility Box membership, but keep the Stock Volatility Box membership, the Stock Volatility Box will be billed at the normal, individual membership fee, at the time of your sign up.
- If you cancel your active paid Services subscription at any time, any promotional discounts will automatically expire. All new paid Services subscriptions will be at the current Service membership fee, at the time of sign up.
- The Company provides the Site and our Services on a commercially reasonable basis and does not guarantee that you will be able to access or use the Site at times or locations of your choosing, or that Company will have adequate capacity for the service as a whole or in any specific geographical location. If our servers go down (rare, but it happens), we do our best to bring everything back up as soon as possible, but cannot promise 100% uptime.
- To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis, for use at your own risk. Your use of the Services is at your sole risk. It's your responsibility to do your research and due diligence, prior to making any investment or trade decisions.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- Company does not warrant that the Site will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective. Please also read the "Features and Bugs" section below, which goes into more detail on this topic.
Copyright and Content Ownership
- The Company (or any of our vendors, when applicable) own the intellectual property rights to any and all protectable components of our Services. This includes all names of our Services, artwork, logos, end-user interface elements, source code, calculations, formulas, code, and algorithms contained within any of our Services, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of The Services, which The Company or its suppliers own.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
- You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
Features and Bugs
- We've designed our Services with traders in mind (including ourselves). This means, we welcome ideas, suggestions, constructive criticism, and value anyone who cares enough to share their time, and provide feedback. Our goal is to continuously improve our Services, so that we can provide powerful tools for the every day trader.
- We also test all of our features internally, along with externally within a group of beta-volunteers, before shipping them. However, as with most pieces of software (which most of our Services are), there will be bugs. If you find any bugs, please report them here, so they can be captured on our backlog. While not all reported bugs will get fixed, we do our best to address most of them ASAP.
No Recommendations or Advice Provided
This is also covered in our Educational Disclaimer, and is listed here, to again, remind you that we cannot (and do not) provide any trade (or investment) recommendations or advice:
The information contained on this website (TOSIndicators.com) is solely for educational purposes, and does not constitute investment advice. The risk of trading in securities markets can be substantial.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission. Futures and options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results
CFTC RULE 4.41 – HYPOTHETICAL 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.
You should view our Educational Disclaimer before continuing to use the Site. By accessing the Site you acknowledge and agree to the Disclaimers.
In other words: choosing to use our Services means that you realize that you need to do your own due diligence, and that we are not giving you trade advice, trade recommendations, investing advice, or investing recommendations.
Limitation of Liability
You expressly understand and agree that, to the full extent permitted by applicable law, Company is not liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, loss of investments, goodwill, use, data or other intangible loss, arising in connection with this Site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line of system failure, even if the Company or its representatives are advised of the possibility of such damages, losses or expenses. Access hyperlinks to or from other internet resources at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by Company. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Your sole remedy for dissatisfaction with the Site and information on the Site is to stop using the Site.
In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of $100 or the aggregate cumulative amount paid by you to Company up to and including the time of the incurrence of such liability, if any, to access the Site. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.