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Terms of Service

Effective Date: July 27, 2026 · Last Updated: July 27, 2026 · Version 5

Important Notice

Premium Tracker is a trade journaling, recordkeeping, and analytics platform. It does not provide financial, investment, tax, legal, accounting, compliance, or other professional advice. You are solely responsible for all investment and trading decisions. Options trading involves substantial risk of loss. Always consult a qualified financial advisor, tax professional, or attorney before making financial decisions.

Arbitration Notice: These Terms contain a binding arbitration agreement, jury-trial waiver, class-action waiver, release of claims, and material limitations on remedies and damages. Except for limited carve-outs described below, disputes must be resolved on an individual basis through binding arbitration and not in court. You may opt out of arbitration within 30 days — see Section 27.9.

Auto-Renewal Notice: Paid subscriptions renew automatically and your payment method is charged each billing period until you cancel. You may cancel at any time — see Section 13 for renewal terms, cancellation instructions, and refund policy.

These Terms of Service (“Terms”) are a legally binding agreement between you (“User,” “you,” or “your”) and Premium Tracker LLC (“Premium Tracker,” “we,” “us,” or “our”) governing your access to and use of the Premium Tracker website, web application, browser-installed app experience, desktop wrapper, mobile app, APIs, alerts, exports, analytics, support channels, beta features, experimental tools, and related services (collectively, the “Service”).

By accessing or using the Service, creating an account, renewing a subscription, or clicking to accept these Terms, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility and Authority

  • You must be at least 18 years old and legally capable of entering into a binding agreement.
  • You must provide accurate, current, and complete information and keep it updated.
  • You represent that your use of the Service complies with all applicable laws, rules, and regulations.
  • If you use the Service on behalf of an entity, you represent that you have authority to bind that entity.
  • We may refuse service, suspend access, or terminate accounts at our discretion, subject to applicable law.

The Service is not directed to children. We do not knowingly collect personal information from anyone under 18. If we learn that we have collected such information, we will delete it.

2. What Premium Tracker Is and Is Not

Premium Tracker is a self-directed trade journaling, portfolio tracking, and analytics tool for options premium workflows, including cash-secured puts, covered calls, roll chains, watchlists, alerts, performance views, exports, and related features.

Premium Tracker is not a broker-dealer, investment adviser, commodity trading advisor, financial planner, tax preparer, accountant, law firm, or fiduciary. We do not execute trades, accept or custody customer funds or securities, provide investment advisory services, determine suitability, provide account-specific recommendations, or undertake any fiduciary or professional duty to you.

We are not registered with the U.S. Securities and Exchange Commission, the Financial Industry Regulatory Authority, the Commodity Futures Trading Commission, the National Futures Association, or any state securities regulator, and no such registration is required for the recordkeeping and analytics services we provide. We receive no compensation from any broker, exchange, market maker, or issuer for directing order flow or for any transaction you may enter.

3. No Financial, Investment, Tax, Legal, or Accounting Advice

Nothing in the Service constitutes financial, investment, tax, legal, accounting, regulatory, compliance, or other professional advice. All content, tools, outputs, metrics, alerts, calculators, visualizations, examples, and analytics are provided for educational, informational, organizational, and recordkeeping purposes only.

3.1 No Recommendation or Solicitation

We do not recommend, endorse, or solicit any transaction in any security, option, asset, or strategy. Nothing in the Service should be interpreted as advice to buy, sell, hold, roll, assign, exercise, close, hedge, or otherwise transact in any security or derivative instrument.

3.2 No Suitability Determination; No Fiduciary Duty

We do not evaluate whether any strategy, position, or action is suitable, appropriate, or advisable for you. We do not know your objectives, financial condition, risk tolerance, tax circumstances, liquidity needs, or legal constraints, and we undertake no duty to monitor your account or warn you about any risk, expiration, assignment, margin exposure, concentration risk, or tax consequence.

3.3 No Tax, Accounting, or Legal Advice

Any summaries, exports, P&L calculations, premium totals, basis calculations, gain or loss figures, or similar outputs are provided solely as convenience features. They are not tax forms, not tax advice, not legal advice, and not accounting advice. You are solely responsible for verifying all records against your broker statements and consulting qualified professionals.

3.4 Tax Estimate Feature — Estimates Only

The Service includes a Tax Estimates feature that provides rough calculations of potential tax liability from option-selling activity. These figures are estimates only. They are not tax returns, not tax advice, not accounting advice, and must not be used as the basis for any tax filing, tax payment, or tax position. Specifically:

  • Estimates are based solely on data you have entered into or imported into the Service and may be incomplete, inaccurate, or out of date.
  • Tax treatment of options transactions — including assigned puts, called-away covered calls, rolled positions, wash sales, straddles, and short-term vs. long-term capital gains — is complex and fact-specific. The Service applies simplified rules that may not reflect your actual tax situation.
  • The estimates do not account for wash sale rules, the straddle rules, constructive sales, Alternative Minimum Tax (AMT), Net Investment Income Tax (NIIT), state and local taxes, foreign taxes, carry-forward losses, or any other tax-specific circumstance.
  • Assigned put premiums reduce your cost basis in acquired stock rather than constituting current-year income; called-away covered call positions involve a stock sale whose character depends on your holding period — the Service may not capture these nuances correctly for your situation.
  • You must consult a qualified CPA, enrolled agent, or tax professional to determine your actual tax obligations before filing any return or making any tax payment.

3.5 Consult Qualified Professionals

Before making any financial, investment, tax, legal, or accounting decision, you should consult a licensed financial advisor, registered investment adviser, broker-dealer, CPA, enrolled agent, tax professional, and/or attorney as appropriate to your circumstances.

4. Options Trading Risk Disclosure

Options trading involves substantial risk and is not suitable for all investors.

  • You may lose the entire amount committed to a position and, in some cases, more than your initial outlay.
  • Cash-secured puts may result in assignment at prices materially above the market price of the underlying security.
  • Covered calls cap upside and do not protect against losses in the underlying security.
  • Rolling positions does not eliminate risk and may increase exposure, cost basis, complexity, or duration of loss.
  • Liquidity constraints, early assignment, volatility shifts, trading halts, and dividend or earnings events may materially affect results.
  • Historical results, examples, scenarios, and charts are not indicative of future performance.
  • You should review the Options Clearing Corporation booklet “Characteristics and Risks of Standardized Options” before trading options.

5. User Responsibility; Assumption of Risk

You are solely and exclusively responsible for all decisions, actions, omissions, trades, orders, allocations, tax positions, and financial consequences arising from your use of the Service.

  • You agree not to rely on the Service as a substitute for professional advice or broker confirmations.
  • You are responsible for verifying the accuracy of your own records against brokerage, tax, and custodial statements.
  • You are solely responsible for monitoring expirations, assignments, dividends, earnings, and risk exposures.
  • You are solely responsible for determining whether trading activity is lawful and appropriate in your jurisdiction.

5.1 Voluntary Assumption of Risk

YOU EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH OPTIONS TRADING AND YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION THE RISK OF TOTAL LOSS OF CAPITAL AND LOSSES EXCEEDING YOUR INITIAL OUTLAY. You represent that you have sufficient knowledge, experience, and financial resources to bear those risks independently, and that your use of the Service does not change, mitigate, or shift those risks to Premium Tracker in any way.

5.2 Acknowledgment Regarding Reliance

You acknowledge that the Service is a recordkeeping and analytics tool, that its outputs are generated from data you enter or import, and that it is not designed or offered as a basis for any investment, financial, tax, legal, or trading decision. Any decision you make remains your own, and any reliance you place on Service outputs is at your own risk. Nothing in this Section limits any liability that cannot be limited under applicable law, including liability for fraud or intentional misrepresentation.

6. Hypothetical, Illustrative, and Backtested Information

Any examples, scenarios, sample trades, calculators, hypothetical outcomes, model outputs, scenario projections, or simulated analytics are illustrative only. Hypothetical and backtested information has inherent limitations, is prepared with hindsight, and does not reflect actual trading conditions, liquidity, slippage, commissions, taxes, emotional discipline, or the effect of real market risk.

No representation is made that any user will achieve profits, avoid losses, or experience results similar to any information displayed in the Service.

7. Market Data, Alerts, and Third-Party Information

The Service may include information, market data, prices, corporate actions, earnings dates, analytics, indicators, or alerts sourced from third parties. Such data may be delayed, incomplete, inaccurate, unavailable, or corrected without notice.

  • We do not guarantee the accuracy, completeness, timeliness, sequencing, or availability of any data.
  • Market data is generally delayed and is not suitable for real-time trading decisions.
  • Alerts, emails, reminders, and notifications are best-efforts only and may be delayed, duplicated, or never delivered.
  • You must not rely on alerts as your exclusive means of monitoring positions or obligations.
  • Third-party data providers and service providers are intended beneficiaries of applicable disclaimers and liability limitations.

8. No Duty to Update, Correct, or Continue the Service

We may modify, suspend, discontinue, or remove any portion of the Service at any time, including any feature, plan, integration, export format, API behavior, data source, or platform surface. We are under no obligation to update, correct, backfill, or continue any content, feature, or output. Where we discontinue a paid feature that is material to your subscription, your remedy is as described in Section 13.6.

9. Account Security and Access

  • You are responsible for maintaining the confidentiality of your credentials and all activity under your account.
  • You must promptly notify us of any suspected unauthorized access or security incident.
  • You may not share, sublicense, rent, sell, or transfer your account without our written consent.
  • We may require reauthentication, suspend sessions, or revoke access to protect the Service or users.

We implement reasonable technical and organizational safeguards but do not warrant that the Service is immune from compromise. No method of transmission or storage is completely secure.

10. User Data, Inputs, and Feedback

You retain your rights in your submitted data, subject to the rights necessary for us to host, process, store, back up, display, transmit, analyze, secure, and improve the Service. You represent that your submissions are lawful and that you have all rights necessary to submit them.

If you provide feedback, suggestions, feature requests, bug reports, or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them without compensation or obligation.

Our collection and handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

11. Acceptable Use Restrictions

You agree not to:

  • Use the Service for unlawful, fraudulent, deceptive, abusive, or harmful conduct.
  • Reverse engineer, decompile, disassemble, copy, scrape, mirror, or extract the Service except as permitted by law.
  • Use bots, automation, or unauthorized scripts to access, monitor, or interact with the Service.
  • Interfere with security, rate limits, authentication, or technical safeguards.
  • Use the Service to build a competing service or to republish, redistribute, or commercialize our content or data.
  • Upload malicious code, attempt unauthorized access, or impair Service integrity or performance.
  • Use the Service to provide investment advisory, brokerage, or tax preparation services to any third party.

12. Beta, Experimental, and AI-Assisted Features

From time to time we may release beta, preview, experimental, or AI-assisted features. Such features may contain errors, omissions, hallucinations, instability, or breaking changes, may be withdrawn at any time, and are provided with no warranty and no commitment of continued availability.

AI-assisted outputs are generated by automated systems, may be factually incorrect or internally inconsistent, are not reviewed by a licensed professional, and must not be treated as financial, investment, tax, legal, or accounting advice. You are responsible for independently verifying any AI output before acting on it.

BY USING ANY BETA, PREVIEW, EXPERIMENTAL, OR AI-ASSISTED FEATURE, YOU VOLUNTARILY ASSUME ALL RISK OF HARM OR LOSS RESULTING FROM THAT USE, AND OUR LIABILITY FOR SUCH FEATURES IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Subscriptions, Billing, Auto-Renewal, and Cancellation

13.1 Subscription Terms

Paid features require a subscription. When you subscribe, you will be shown the plan name, the price, the billing frequency, and the date of your first charge before you complete the purchase.

13.2 Automatic Renewal

YOUR SUBSCRIPTION RENEWS AUTOMATICALLY. Unless you cancel before the end of the then-current billing period, your subscription will automatically renew for a further period of the same length, and your payment method will be charged the then-current price for that plan. Renewal continues indefinitely until cancelled. We will provide advance notice of renewal where required by applicable law.

13.3 How to Cancel

You may cancel at any time, effective at the end of the current billing period:

  • Web and desktop (Stripe): open Billing in the Service and use the cancellation option in the customer portal. Cancellation takes effect immediately upon confirmation and no further charges are made.
  • Apple App Store / Mac App Store: manage or cancel through your Apple ID subscription settings. We cannot cancel an Apple-billed subscription on your behalf.
  • Google Play: manage or cancel through Google Play subscription settings. We cannot cancel a Google-billed subscription on your behalf.
  • Microsoft Store: manage or cancel through your Microsoft account subscription settings.
  • If you cannot access these options, email contact@premiumtracker.com and we will cancel a subscription we bill directly.

Cancellation is available through the same medium in which you subscribed, and we will not require you to complete any step not reasonably necessary to cancel.

13.4 Refunds

Except where a refund is required by applicable law or by the app-store rules governing your purchase, fees are billed in advance and are non-refundable, and we do not provide refunds or credits for partial billing periods, unused features, or periods in which you did not use the Service. Purchases made through Apple, Google, or Microsoft are subject to that platform's refund policy and must be requested from that platform.

13.5 Free Trials

If we offer a free trial, we will disclose its length and the price that applies after it ends. Unless you cancel before the trial ends, the trial converts to a paid subscription and your payment method is charged automatically.

13.6 Price and Plan Changes

We may change pricing, plan limits, or features. For a change that increases the price of, or materially reduces, your existing paid plan, we will give you notice before it takes effect at your next renewal, and you may cancel before that renewal to avoid the change. Continued use after the effective date constitutes acceptance.

13.7 Taxes and Payment Failures

You are responsible for all applicable taxes, duties, and governmental charges. If a payment fails, we may retry the charge, suspend paid features, or terminate the subscription. You are responsible for keeping payment information current.

14. Intellectual Property

The Service, including software, design, code, branding, documentation, interfaces, workflows, and related materials, is owned by Premium Tracker LLC or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own personal or internal business use. No other rights are granted.

15. Third-Party Services and External Links

The Service may integrate with or link to third-party providers including authentication providers, payment processors, analytics vendors, market data vendors, brokerage connectivity providers, email providers, and app stores. We do not control and are not responsible for any third-party service, policy, act, omission, content, or outage. Your use of third-party services is governed by their terms and policies.

16. Third-Party Brokerage Integrations

The Service may offer the ability to connect your brokerage account(s) through a third-party brokerage connectivity provider (currently SnapTrade). This feature allows you to import account data such as holdings, positions, balances, transactions, and order history into the Service for journaling, recordkeeping, and analytics purposes.

16.1 How Brokerage Connections Work

When you choose to connect a brokerage account, you will be redirected to a secure connection portal operated by the third-party provider. Your brokerage login credentials are entered directly into the third-party provider's portal and are never transmitted to, accessed by, or stored by Premium Tracker. The third-party provider establishes and maintains the connection to your brokerage on our behalf and transmits account data to us.

16.2 Read-Only Access

Brokerage connections through the Service are read-only. Premium Tracker does not place trades, submit orders, transfer funds, or take any action in your brokerage account. The integration is used solely to import account data for display and analysis within the Service.

16.3 Accuracy of Imported Data

We do not guarantee the accuracy, completeness, timeliness, or reliability of data imported from your brokerage. Imported data may be delayed, incomplete, incorrect, or unavailable due to limitations of the brokerage, the connectivity provider, synchronization timing, or other factors. Imported records may also be assigned approximate dates or values where the source data is unavailable. You are solely responsible for verifying all imported data against your official brokerage statements and records.

16.4 Your Control Over Brokerage Connections

You may view your active brokerage connections and disconnect (delete) any connection at any time from within the Service. Disconnecting a brokerage connection will stop further data synchronization. You may also request deletion of previously imported brokerage data by contacting us.

16.5 Third-Party Terms

Your use of the brokerage connectivity feature is also subject to the third-party provider's terms and privacy policy. For SnapTrade, see the SnapTrade Terms & Conditions and SnapTrade Privacy Policy. You acknowledge and agree that SnapTrade is an intended third-party beneficiary of the disclaimers and liability limitations in these Terms to the extent they relate to the brokerage connectivity feature.

16.6 No Endorsement by Brokerages

The availability of a brokerage integration does not imply endorsement, sponsorship, or affiliation between Premium Tracker and any brokerage or financial institution. Brokerage integrations are provided through the third-party connectivity provider and are subject to change or discontinuation at any time.

17. App Store and Platform Terms

If you obtain the Service through a third-party application marketplace, the following additional terms apply and prevail over any conflicting provision of these Terms as to that marketplace.

17.1 Apple App Store and Mac App Store

  • These Terms are between you and Premium Tracker only, and not with Apple Inc. (“Apple”). Premium Tracker, not Apple, is solely responsible for the Service and its content.
  • The licence granted to you for the Service is a non-transferable licence to use the Service on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
  • Apple has no obligation to furnish any maintenance or support services for the Service.
  • If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the Service.
  • Premium Tracker, not Apple, is responsible for addressing any claims relating to the Service, including product liability claims, any claim that the Service fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
  • Premium Tracker, not Apple, is responsible for the investigation, defence, settlement, and discharge of any third-party claim that the Service infringes that third party's intellectual property rights.
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.

17.2 Google Play

If you obtain the Service through Google Play, you acknowledge that these Terms are between you and Premium Tracker only, and not with Google. Google is not responsible for the Service or its content, and your use is subject to the Google Play Terms of Service. Purchases and subscriptions billed through Google Play are governed by Google's payment and refund policies.

17.3 Microsoft Store

If you obtain the Service through the Microsoft Store, you acknowledge that these Terms are between you and Premium Tracker only, and not with Microsoft. Microsoft is not responsible for the Service or its content, and your use is subject to the Microsoft Store Terms of Sale and Microsoft Services Agreement.

18. Electronic Communications

By using the Service, you consent to receive electronic communications from us, including notices, disclosures, billing communications, account updates, legal notices, and other communications related to the Service. You agree that such electronic communications satisfy any legal requirement that such communications be in writing. You may withdraw consent to non-essential marketing communications at any time; transactional and legal notices are necessary to provide the Service.

19. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREMIUM TRACKER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

  • We do not warrant that the Service will be uninterrupted, secure, error-free, or free of malware or harmful components.
  • We do not warrant that data, analytics, calculations, exports, charts, or alerts are accurate, complete, current, or suitable for your needs.
  • We do not warrant any particular business, financial, tax, or investment result from using the Service.
  • Any material downloaded or obtained through the Service is accessed at your own risk.
  • Any reliance on the Service for investment, trading, tax, legal, or financial decisions is entirely at your own risk.
  • No oral or written information or advice given by Premium Tracker or its personnel creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In that case, any implied warranty is limited in duration to the shortest period permitted by law.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREMIUM TRACKER LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, DATA PROVIDERS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLIED DAMAGES, OR FOR ANY LOSS OF MONEY, PROPERTY, OPPORTUNITY, DATA, GOODWILL, TAX POSITION, OR BUSINESS VALUE ARISING OUT OF OR RELATING TO THE SERVICE.

This exclusion includes, without limitation:

  • Trading losses, investment losses, lost profits, opportunity costs, tax liabilities, penalties, or interest.
  • Loss of data, corruption of data, service interruption, loss of goodwill, or business interruption.
  • Missed alerts, delayed notifications, inaccurate market data, incorrect analytics, or platform downtime.
  • Unauthorized access to your account, except to the extent non-waivable law provides otherwise.
  • Reliance on any content, output, chart, metric, export, example, or hypothetical scenario.

These limitations apply regardless of the theory of liability, whether in contract, tort, negligence, strict liability, statute, equity, restitution, or otherwise, even if any limited remedy fails of its essential purpose and even if we were advised of the possibility of such damages. If you are dissatisfied with the Service, your sole and exclusive remedy is to stop using it.

To the extent any liability is not excluded above, our aggregate liability for all claims arising out of or relating to the Service will not exceed the greater of (a) the total amount you paid to us in the twelve months preceding the event giving rise to the claim or (b) one hundred U.S. dollars ($100). Multiple claims by the same user will not enlarge this cap.

20.1 Exceptions

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, for willful misconduct, for gross negligence where non-waivable, for death or personal injury caused by negligence, or for any other liability that applicable law does not permit to be limited. Nothing in these Terms limits your ability to seek public injunctive relief where a non-waivable statute provides for it, or to report conduct to, or seek relief from, a government agency or regulator.

21. Release

To the fullest extent permitted by law, you release, waive, and discharge Premium Tracker LLC and its affiliates, officers, directors, employees, agents, licensors, data providers, and service providers from any and all known and unknown claims, demands, liabilities, damages, losses, rights, and causes of action arising out of or relating to your trading activity, your investment decisions, your tax treatment, your use of third-party services, your dealings with any broker, exchange, platform, advisor, or tax preparer, and any dispute between you and any third party.

This release does not apply to, and you do not waive, any claim arising from our own fraud, intentional misconduct, or gross negligence, or any right or claim that applicable law does not permit to be released or waived in advance.

If you are a California resident, you waive California Civil Code section 1542 with respect to the claims released above, which states: “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.” If you reside in another jurisdiction with a similar law, you waive the benefit of that law to the same extent.

22. Indemnification

You agree to defend, indemnify, and hold harmless Premium Tracker LLC and its affiliates, officers, directors, employees, agents, licensors, data providers, and service providers from and against any third-party claims, demands, losses, liabilities, damages, judgments, settlements, costs, and attorneys' fees arising out of or relating to:

  • Your use of the Service.
  • Your trading, investment, tax, legal, or financial decisions.
  • Your violation of these Terms or applicable law.
  • Your submitted data, content, feedback, or conduct.
  • Your misuse of market data, alerts, exports, APIs, or third-party services.

This obligation does not apply to the extent a claim arises from our own fraud, intentional misconduct, or gross negligence. We will notify you of any claim for which we seek indemnification and you may control the defence with counsel reasonably acceptable to us, provided that you may not settle any claim in a way that imposes liability or admission on us without our written consent.

23. Termination

You may stop using the Service at any time. We may suspend, restrict, or terminate your access at any time, with or without notice, if we believe you violated these Terms, created legal, security, or operational risk, failed to pay fees, abused the Service, or if we discontinue the Service.

On termination, your right to use the Service ends immediately. You may export your data before termination, and may request a copy or deletion of your data as described in our Privacy Policy. We may delete your data after a reasonable retention period.

24. Export Controls, Sanctions, and Government Users

You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws. If the Service is acquired by or on behalf of the U.S. Government, it is provided as “commercial computer software” with only those rights granted to all other end users under these Terms.

25. Copyright Complaints

If you believe content on the Service infringes your copyright, send a notice under the Digital Millennium Copyright Act to contact@premiumtracker.com with the subject line “DMCA Notice,” including identification of the work, the location of the material, your contact information, a statement of good-faith belief, a statement of accuracy under penalty of perjury, and your signature. We may remove allegedly infringing material and terminate repeat infringers.

26. Governing Law and Venue

These Terms and any dispute arising out of or relating to the Service are governed by the Federal Arbitration Act and, to the extent not preempted by it, the laws of the United States and the state in which Premium Tracker LLC maintains its principal place of business, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any claim not subject to arbitration, and for any action to enforce an arbitration award, the parties submit to the exclusive jurisdiction of the state and federal courts located in that state, and waive any objection to venue or forum non conveniens. Nothing in this Section deprives you of the protection of mandatory consumer-protection provisions of the law of your country of residence.

27. Dispute Resolution: Informal Resolution and Binding Arbitration

27.1 Mandatory Informal Resolution

Before initiating arbitration or filing any claim, you and Premium Tracker agree to attempt to resolve the dispute informally for at least forty-five (45) days. To start this process, send a written notice to contact@premiumtracker.com with the subject line “Legal Notice - Terms Dispute” and include your name, account email, a summary of the dispute, and the relief requested. The notice must be individualized and personally signed by the claimant or claimant's counsel. The limitations period is tolled while this process runs.

27.2 Agreement to Arbitrate

Except for claims that qualify for small claims court, intellectual-property claims, and claims seeking temporary equitable relief to prevent unauthorized use of the Service, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by final and binding arbitration on an individual basis.

27.3 Arbitration Forum and Procedure

Arbitration will be administered by National Arbitration and Mediation (NAM) under its applicable consumer rules, or, if NAM is unavailable, by another nationally recognized arbitration provider agreed by the parties or appointed by a court of competent jurisdiction. The arbitration will be conducted before a single arbitrator in English, and may be conducted remotely, by written submission, or in the county of your residence, at your election.

27.4 Arbitration Fees

For any arbitration you initiate that is not frivolous, we will pay all administrative and arbitrator fees that exceed what you would have paid to file the same claim in the state or federal court nearest to your residence. Each party otherwise bears its own attorneys' fees and costs, except where a statute or the arbitrator's award provides otherwise.

27.5 Jury Trial Waiver

YOU AND PREMIUM TRACKER WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO LITIGATE DISPUTES IN COURT, except for the limited carve-outs expressly stated in these Terms.

27.6 Class, Collective, and Representative Action Waiver

ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not preside over any class, collective, representative, or mass proceeding, except as required by non-waivable law.

27.7 Coordinated Filings

If twenty-five (25) or more similar claims are asserted against us by or with the assistance of the same counsel or coordinated entities, the parties will cooperate with the administrator to resolve them in batches of no more than fifty (50) claims each, with a single arbitrator per batch and a single set of filing fees per batch. This Section does not create any right to proceed on a class or representative basis.

27.8 Small Claims, Equitable Relief, and Severability

Either party may bring an individual claim in small claims court if it qualifies and remains there. Either party may also seek injunctive or equitable relief in court for misuse of intellectual property, confidential information, account abuse, fraud, or unauthorized access.

If any portion of this Section 27 is found unenforceable, that portion will be severed and the remainder enforced, except that if the class-action waiver in Section 27.6 is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court and the remaining claims will remain subject to arbitration. A claim for public injunctive relief, if it may not lawfully be arbitrated or waived, will be severed and stayed pending the outcome of arbitration of the remaining claims.

27.9 Thirty-Day Opt-Out

You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing contact@premiumtracker.com from your account email with the subject line “Arbitration Opt-Out” and including your full name and a clear statement that you wish to opt out. Opting out does not affect the remainder of these Terms and will not disadvantage your use of the Service.

28. Time Limit to Bring Claims

To the fullest extent permitted by law, any claim arising out of or relating to the Service or these Terms must be brought within one (1) year after the claim arose, or it is permanently barred. If applicable law prohibits shortening the limitations period for your claim, this Section does not apply to that claim.

29. Consumers and Non-Waivable Rights

Nothing in these Terms limits any right you have under mandatory consumer-protection law that cannot be limited or waived by agreement. If you are a consumer resident in the European Economic Area, the United Kingdom, or another jurisdiction granting non-waivable consumer rights, you retain those rights — including any statutory right of withdrawal, statutory warranty rights, and the right to bring proceedings in the courts of your place of residence — and those rights prevail over any conflicting provision of these Terms.

30. Changes to the Terms

We may modify these Terms from time to time. Material changes will be presented through the Service, by email, or by requiring renewed acceptance before continued use, and will identify the effective date. Changes do not apply retroactively to a dispute of which we had notice before the change took effect. Your continued use of the Service after the effective date constitutes acceptance.

31. Miscellaneous

  • Entire Agreement: These Terms and our Privacy Policy are the entire agreement between you and Premium Tracker regarding the Service and supersede all prior agreements, representations, and understandings.
  • Severability: If any provision is unenforceable, it will be modified only to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full effect.
  • Waiver: Failure to enforce any provision is not a waiver of any right. No single or partial exercise of a right prevents further exercise of that or any other right.
  • Assignment: You may not assign, delegate, or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
  • No Agency: These Terms do not create a partnership, joint venture, agency, employment, franchise, or fiduciary relationship between you and Premium Tracker.
  • Third-Party Beneficiaries: These Terms do not confer rights on any third party except that our affiliates, officers, directors, employees, agents, licensors, data providers, and service providers are intended beneficiaries of the disclaimers and liability limitations, and Apple is a third-party beneficiary as stated in Section 17.1.
  • Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control, including market disruptions, exchange outages, or data-provider failures.
  • Notices: Notices to you may be sent to your account email. Legal notices to us must be sent to contact@premiumtracker.com.
  • Headings: Section headings are for convenience only and do not affect interpretation.
  • Survival: The following sections survive termination of these Terms or your account for any reason: Sections 3, 4, 5, 6, 7, 10, 13.4, 14, 16, 19, 20, 21, 22, 24, 26, 27, 28, 29, and 31.

32. Contact

Questions or legal notices regarding these Terms may be sent to contact@premiumtracker.com.