1. Acceptance of Terms
1.1 Binding Agreement
These Terms of Service (“Terms,” “Agreement”) constitute a legally binding contract between you (“User,” “you,” “your”) and JorgAI LLC, a California limited liability company (“JorgAI,” “Company,” “we,” “us,” “our”). By creating an account, accessing, or using the JorgAI platform located at jorgai.com and portal.jorgai.com (collectively, the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
1.2 Eligibility
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater, to use the Platform. By accessing or using the Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into binding agreements under applicable law.
1.3 Acceptance by Use
If you do not agree to all of the terms and conditions set forth in this Agreement, you must immediately cease all use of the Platform and delete your account. Your continued use of the Platform following the posting of any changes to these Terms shall constitute your acceptance of such changes.
1.4 Modifications
JorgAI reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time. Material changes will be communicated by updating the “Last Updated” date at the top of this page and, where practicable, by providing notice through the Platform or via email. It is your responsibility to review these Terms periodically. Your continued use of the Platform after any modifications constitutes acceptance of the revised Terms.
1.5 Additional Agreements
Certain features of the Platform may be subject to additional terms, conditions, or policies, which shall be incorporated herein by reference when you access or use those features.
2. Description of Service
2.1 Platform Overview
JorgAI is a self-directed, AI-powered algorithmic trading software platform that provides Users with analytical tools, AI-generated market predictions, portfolio monitoring, and optional automated trade execution capabilities. The Platform connects to Users’ own third-party brokerage accounts to facilitate the placement of trades.
2.2 What JorgAI Is
JorgAI is a software tool and technology platform. The Platform provides algorithmic analysis, data visualization, market data aggregation, position monitoring, and trade execution automation based on User-configured parameters.
2.3 What JorgAI Is NOT
You expressly acknowledge and agree that:
- JorgAI is NOT a broker-dealer and is not registered as such with the U.S. Securities and Exchange Commission (“SEC”), the Financial Industry Regulatory Authority (“FINRA”), or any other federal, state, or international regulatory body.
- JorgAI is NOT a registered investment adviser (“RIA”) under the Investment Advisers Act of 1940, nor is it registered with any state securities regulatory authority.
- JorgAI is NOT a financial advisor, financial planner, tax advisor, legal advisor, or fiduciary of any kind.
- JorgAI does NOT hold, custody, control, manage, or have access to User funds, securities, or assets at any time. All funds and securities are held exclusively by your third-party brokerage provider.
- JorgAI does NOT guarantee any investment returns, trading profits, or financial outcomes of any kind.
2.4 Third-Party Services
The Platform integrates with third-party services, including but not limited to brokerage providers and market data providers. JorgAI does not control, endorse, or assume responsibility for the availability, accuracy, or reliability of any third-party service. Your use of such third-party services is governed by their respective terms and conditions.
3. No Financial Advice Disclaimer
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS CRITICAL DISCLAIMERS REGARDING THE NATURE OF THE PLATFORM.
3.1 No Investment Advice
JorgAI does NOT provide investment advice, financial advice, tax advice, legal advice, or any other form of professional advisory services. Nothing contained on the Platform — including but not limited to AI-generated predictions, algorithmic analysis, market data, trade signals, confidence scores, sentiment analysis, news aggregation, or any other feature — shall be construed as a recommendation, solicitation, or offer to buy, sell, hold, or otherwise transact in any security, cryptocurrency, or financial instrument.
3.2 Algorithmic Analysis, Not Recommendations
All AI-generated predictions, trade signals, confidence scores, and analytical outputs provided by the Platform are the product of automated algorithmic and statistical analysis. These outputs represent mathematical computations based on historical data, market indicators, and computational models. They are NOT personalized investment recommendations, and they do NOT take into account your individual financial situation, investment objectives, risk tolerance, tax status, or any other personal circumstances.
3.3 User Decision-Making
ALL trading decisions made through the Platform are made solely by YOU, the User. This includes, without limitation:
- Decisions to buy, sell, or hold any security or cryptocurrency.
- The decision to enable, configure, or use the auto-trading functionality.
- The setting of risk parameters, including but not limited to profit targets, stop-loss levels, position sizes, and daily spending limits.
- The decision to act upon or disregard any AI-generated prediction, signal, or analysis.
Even when auto-trading is enabled, you are solely responsible for having enabled that feature, for configuring its parameters, and for all trades executed as a result. Enabling auto-trading constitutes your express instruction to execute trades on your behalf according to your configured settings.
3.4 No Guarantee of Accuracy or Performance
Past performance of AI predictions, algorithms, or any analytical tool on the Platform does NOT guarantee, indicate, or predict future results. Markets are inherently unpredictable, and no algorithm, artificial intelligence system, or analytical method can reliably predict future market movements.
3.5 Risk of Loss
Trading in stocks, options, cryptocurrencies, and other financial instruments involves SUBSTANTIAL RISK OF LOSS, including the potential loss of your ENTIRE invested capital. You should only trade with funds that you can afford to lose entirely without affecting your financial well-being or standard of living.
3.6 Seek Professional Advice
JorgAI strongly encourages you to consult with a qualified, licensed financial advisor, investment professional, tax advisor, and/or legal counsel before making any trading or investment decisions. The Platform is not a substitute for professional financial guidance.
4. Assumption of Risk & Liability Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.
4.1 Acknowledgment of Risk
By using the Platform, you expressly acknowledge, understand, and agree that:
- Trading in stocks, exchange-traded funds (“ETFs”), cryptocurrencies, and other financial instruments carries a HIGH DEGREE OF RISK and is not suitable for all individuals.
- You may lose SOME or ALL of your invested capital, and in certain circumstances, you may incur losses exceeding your initial investment.
- Market conditions, economic events, regulatory changes, and other factors beyond the control of JorgAI can cause rapid and significant changes in the value of your investments.
- AI-generated predictions and algorithmic analysis are inherently uncertain, may be incorrect, and should not be relied upon as the sole basis for any trading decision.
- Technical failures, system outages, network latency, data feed delays, and other technical issues may affect the execution, timing, or accuracy of trades.
4.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JORGAI, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “JORGAI PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
- Any trading losses, financial losses, or lost profits arising from or related to your use of the Platform, whether such losses result from manual trades, auto-trades, AI predictions, algorithmic analysis, or any other feature of the Platform.
- Any missed trading opportunities or failure to execute trades in a timely manner.
- Any system downtime, service interruptions, maintenance periods, or Platform unavailability.
- Any delayed, failed, partial, or incorrect trade executions.
- Any incorrect, inaccurate, incomplete, or misleading AI predictions, confidence scores, signals, or analytical outputs.
- Any errors, bugs, glitches, or defects in the Platform’s software or functionality.
- Any actions, omissions, outages, or policies of third-party services, including but not limited to brokerage providers and market data providers.
- Any unauthorized access to your account resulting from your failure to maintain adequate security measures.
- Any loss or corruption of data, including trading history, portfolio data, or account information.
4.3 Monetary Cap on Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF THE JORGAI PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (A) THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO JORGAI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
4.4 Exclusion of Consequential Damages
IN NO EVENT SHALL THE JORGAI PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF INVESTMENT, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT JORGAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).
4.5 Waiver of Claims
YOU EXPRESSLY WAIVE AND RELEASE THE JORGAI PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND LIABILITY OF ANY KIND ARISING FROM OR RELATED TO FINANCIAL LOSSES, TRADING LOSSES, OR INVESTMENT LOSSES INCURRED THROUGH YOUR USE OF THE PLATFORM. YOU AGREE THAT YOU CANNOT AND WILL NOT SUE JORGAI FOR FINANCIAL LOSSES RESULTING FROM YOUR USE OF THE PLATFORM.
4.6 Class Action Waiver
YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY CONSOLIDATED OR REPRESENTATIVE PROCEEDING AGAINST JORGAI. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth in Section 14 shall be deemed null and void in their entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.
4.7 Mandatory Binding Arbitration
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH, TERMINATION, OR INVALIDITY THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES.
The arbitration shall be conducted in the State of California. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys’ fees in connection with any arbitration, unless the arbitrator determines otherwise. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
4.8 Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
4.9 Indemnification
You agree to indemnify, defend, and hold harmless the JorgAI Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:
- Your use of or access to the Platform.
- Any trading decisions you make, whether manual or automated, and any financial outcomes resulting therefrom.
- Your breach or alleged breach of any provision of these Terms.
- Your violation of any applicable law, rule, regulation, or third-party right.
- Any content, data, or information you submit, post, or transmit through the Platform.
- Your negligence, willful misconduct, or fraud.
This indemnification obligation shall survive the termination of your account and these Terms.
5. Auto-Trading Specific Terms
5.1 Nature of Auto-Trading
The Platform’s auto-trading feature, when enabled by you, automatically submits buy and sell orders to your connected brokerage account based on AI-generated analysis and your configured parameters. Auto-trading executes REAL orders with REAL money in your brokerage account.
5.2 User Configuration and Responsibility
You are solely and exclusively responsible for:
- The decision to enable or disable auto-trading.
- Configuring all risk management parameters, including but not limited to profit targets, stop-loss levels, maximum position sizes, daily spending limits, and any other configurable settings.
- Reviewing and monitoring all trades executed by the auto-trading feature.
- Ensuring that your risk parameters are appropriate for your financial situation, risk tolerance, and investment objectives.
- Promptly disabling auto-trading if the feature is not performing as expected or if your circumstances change.
5.3 No Liability for Auto-Trades
JorgAI shall not be held responsible, liable, or accountable for any trades executed by the auto-trading feature, including but not limited to:
- Trades that result in partial or total financial loss.
- Trades executed at prices different from those anticipated or displayed.
- Trades affected by market volatility, gaps, slippage, or illiquidity.
- Trades that fail to execute due to insufficient buying power, brokerage restrictions, or market conditions.
- Trades affected by system delays, network latency, or any technical issue.
5.4 Disabling Auto-Trading
You may disable auto-trading at any time through the Platform’s settings. Disabling auto-trading will prevent new automated trades from being placed but will NOT automatically close or modify any existing open positions. You are responsible for managing any positions that were opened by the auto-trader.
5.5 Technical Limitations
You acknowledge that the auto-trading system may experience delays, errors, interruptions, or downtime due to technical issues, including but not limited to server outages, network failures, brokerage API limitations, market data feed interruptions, or software defects. JorgAI is NOT liable for any trades that are adversely affected by such technical issues, nor for any failure of the system to execute, modify, or cancel trades during periods of technical difficulty.
5.6 Market Risk
You acknowledge that market conditions can change rapidly between the time an AI prediction is generated and the time a trade is executed. The auto-trading feature cannot guarantee execution at any particular price, and market orders may be filled at prices materially different from those expected.
6. Account Terms
6.1 Registration
To access certain features of the Platform, you must create an account by providing accurate, current, and complete registration information, including a valid email address and password. You agree to promptly update your registration information to keep it accurate and current at all times.
6.2 Age Requirement
You must be at least eighteen (18) years of age to create an account and use the Platform. By creating an account, you represent and warrant that you are at least 18 years old.
6.3 Account Security
You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password and any API keys associated with your account. You agree to:
- Create a strong, unique password for your JorgAI account.
- Not share your account credentials with any third party.
- Immediately notify JorgAI at support@jorgai.com of any unauthorized use of your account or any other breach of security.
- Ensure that you log out of your account at the end of each session, particularly when using shared or public devices.
6.4 Account Responsibility
You are fully responsible for all activities that occur under your account, whether or not you authorized such activities. JorgAI shall not be liable for any loss or damage arising from your failure to maintain the security of your account.
6.5 One Account Per Person
Each individual may maintain only one (1) account on the Platform. Creating multiple accounts to circumvent subscription limits, access restrictions, or for any other purpose is strictly prohibited and may result in immediate termination of all associated accounts.
6.6 Accuracy of Information
You represent and warrant that all information provided during registration and thereafter is truthful, accurate, and not misleading. Providing false, inaccurate, or fraudulent information is grounds for immediate account termination.
7. Brokerage Connection
7.1 Third-Party Brokerage
The Platform connects to Alpaca Markets, Inc. (“Alpaca”) through API keys that you provide. Your brokerage account with Alpaca is a separate, independent account that is governed exclusively by Alpaca’s Customer Agreement, Terms of Service, and applicable regulatory requirements. JorgAI is NOT a party to, and has no control over, your relationship with Alpaca.
7.2 Independent Relationship
JorgAI is not affiliated with, endorsed by, sponsored by, or partnered with Alpaca Markets, Inc. JorgAI utilizes Alpaca’s publicly available application programming interfaces (“APIs”) to facilitate trade execution on your behalf.
7.3 Custody of Funds
All funds, securities, and assets are held exclusively by Alpaca or its clearing partners. JorgAI does NOT hold, custody, control, or have direct access to your funds, securities, or assets at any time. JorgAI has no ability to withdraw, transfer, or divert your funds.
7.4 Authorization
By providing your Alpaca API keys to JorgAI, you expressly authorize JorgAI to:
- Retrieve account information, including but not limited to account balances, buying power, and open positions.
- Submit buy and sell orders to your Alpaca account on your behalf, in accordance with your configured settings and parameters.
- Access real-time and historical market data through your brokerage connection.
- Monitor your open positions for purposes of executing stop-loss and profit-target orders.
7.5 Revocation
You may revoke JorgAI’s access to your brokerage account at any time by removing or regenerating your API keys through Alpaca’s platform, or by disconnecting your brokerage connection through the Platform’s settings.
7.6 No Responsibility for Brokerage Actions
JorgAI is NOT responsible for any actions, omissions, outages, delays, errors, or policy changes by Alpaca, including but not limited to order rejections, execution delays, account restrictions, regulatory actions, or service interruptions.
7.7 API Key Security
Your brokerage API keys are stored in encrypted form on our servers. Notwithstanding our security measures, you acknowledge that no system is completely secure, and JorgAI shall not be liable for any unauthorized access to or use of your API keys except to the extent caused by JorgAI’s gross negligence or willful misconduct.
8. Subscription & Payments
8.1 Subscription Tiers
The Platform offers the following subscription tiers, each with different features and capabilities:
- Free Tier — Limited access to Platform features at no cost.
- Starter — $48.99 per month.
- Pro — $299.00 per month.
- Elite — $399.00 per month.
Feature availability and limitations for each tier are described on the Platform’s pricing page and are incorporated herein by reference.
8.2 Automatic Renewal
All paid subscriptions automatically renew at the end of each billing cycle (monthly) unless you cancel your subscription prior to the renewal date. By subscribing to a paid tier, you authorize JorgAI to charge your designated payment method on a recurring basis.
8.3 Cancellation
You may cancel your subscription at any time through the Platform’s account settings. Cancellation will take effect at the end of your current billing period. Upon cancellation, you will retain access to your paid tier’s features until the end of the then-current billing period, after which your account will revert to the Free Tier.
8.4 No Refunds
All subscription fees are NON-REFUNDABLE. No refunds or credits will be issued for partial months of service, unused features, downgraded subscriptions, or account termination (whether voluntary or involuntary). By subscribing, you acknowledge and agree to this no-refund policy.
8.5 Price Changes
JorgAI reserves the right to change subscription prices at any time. Price changes will be communicated to you at least thirty (30) days in advance via email or through the Platform. Your continued use of the Platform after a price change takes effect constitutes your acceptance of the new pricing. If you do not agree with the new pricing, you must cancel your subscription before the next billing cycle.
8.6 Taxes
All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of all such taxes, levies, or duties associated with your subscription.
8.7 Failed Payments
If your payment method fails or your account is past due, JorgAI may suspend or downgrade your account until payment is received. JorgAI reserves the right to retry failed charges and to terminate accounts with persistent payment failures.
9. Intellectual Property
9.1 Ownership
The Platform, including but not limited to all software, source code, object code, algorithms, AI models, machine learning systems, user interfaces, designs, graphics, logos, trademarks, trade names, documentation, and all other proprietary materials (collectively, “JorgAI IP”), is the exclusive property of JorgAI LLC and is protected by applicable intellectual property laws, including but not limited to copyright, trademark, trade secret, and patent laws.
9.2 Limited License
Subject to your compliance with these Terms, JorgAI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal, non-commercial trading purposes. This license does not grant you any right, title, or interest in the JorgAI IP.
9.3 Restrictions
You shall not, and shall not permit any third party to:
- Copy, reproduce, distribute, modify, adapt, translate, or create derivative works of any part of the Platform or JorgAI IP.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, data models, or underlying structure of the Platform.
- Remove, alter, or obscure any proprietary notices, labels, or marks on or in the Platform.
- Use the JorgAI name, logo, or trademarks without prior written consent.
9.4 User Data
You retain ownership of your personal data, trading data, and portfolio information. By using the Platform, you grant JorgAI a limited, non-exclusive license to use, process, and store your data solely for the purpose of providing and improving the Platform’s services, as further described in our Privacy Policy.
9.5 Feedback
Any feedback, suggestions, ideas, or improvements you provide regarding the Platform (“Feedback”) shall become the exclusive property of JorgAI. You hereby assign to JorgAI all right, title, and interest in and to any Feedback, and JorgAI shall be free to use such Feedback without compensation or attribution to you.
10. Prohibited Uses
10.1 General Prohibitions
You agree that you shall NOT use the Platform to:
- Violate any applicable federal, state, local, or international law, rule, or regulation, including but not limited to securities laws, anti-money laundering laws, and sanctions laws.
- Engage in market manipulation, including but not limited to spoofing, layering, wash trading, pump-and-dump schemes, or any other form of manipulative or deceptive trading activity.
- Launder money, finance terrorism, or engage in any other illegal financial activity.
- Reverse engineer, decompile, disassemble, or attempt to discover the source code, algorithms, or proprietary methodologies of the Platform.
- Scrape, crawl, harvest, or otherwise collect data from the Platform through automated means, except as expressly permitted by these Terms.
- Gain or attempt to gain unauthorized access to the Platform, other Users’ accounts, or any computer systems or networks connected to the Platform.
- Introduce malicious code, viruses, trojans, worms, or any other harmful or destructive software or content.
- Interfere with, disrupt, or place an unreasonable burden on the Platform’s infrastructure, servers, or networks.
- Circumvent, disable, or otherwise interfere with any security features, access controls, rate limits, or other protective measures of the Platform.
- Share, sell, rent, lease, sublicense, or otherwise transfer your account credentials or access to the Platform to any third party.
- Use the Platform to provide services to third parties, or operate the Platform on behalf of others, without JorgAI’s prior written consent.
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
10.2 Consequences
Violation of any of the foregoing prohibitions may result in immediate suspension or termination of your account, without notice or refund, and may subject you to civil and/or criminal liability.
11. Data & Privacy
11.1 Privacy Policy
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information. The Privacy Policy is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.
11.2 Data Collection
In connection with your use of the Platform, JorgAI may collect and process certain personal and non-personal data, including but not limited to registration information, trading activity data, device information, usage analytics, and brokerage connection data, as further described in our Privacy Policy.
11.3 Data Security
JorgAI implements commercially reasonable technical and organizational security measures to protect your data. However, no method of electronic storage or transmission over the Internet is completely secure, and JorgAI cannot guarantee the absolute security of your data.
11.4 Third-Party Data Sharing
JorgAI may share data with third-party service providers as necessary to operate the Platform, as described in our Privacy Policy. JorgAI will not sell your personal information to third parties for marketing purposes.
12. Termination
12.1 Termination by User
You may terminate your account and discontinue use of the Platform at any time by deleting your account through the Platform’s settings or by contacting support@jorgai.com. Before terminating your account, you should disconnect your brokerage connection and close or manage any open positions, as JorgAI will have no ability to manage your positions after account termination.
12.2 Termination by JorgAI
JorgAI reserves the right, in its sole discretion, to suspend, restrict, or terminate your account and access to the Platform, with or without notice, for any reason, including but not limited to:
- Violation of any provision of these Terms.
- Conduct that JorgAI determines, in its sole discretion, poses a security risk to the Platform or other Users.
- Fraudulent, abusive, or illegal activity.
- Nonpayment of subscription fees.
- Requests by law enforcement, regulatory authorities, or pursuant to legal process.
- Discontinuation or material modification of the Platform or any part thereof.
- Unexpected technical or security issues.
12.3 Effect of Termination
Upon termination of your account, whether by you or by JorgAI:
- Your right to access and use the Platform shall immediately cease.
- Any encrypted brokerage API keys stored on our servers will be permanently deleted.
- Your subscription will be canceled, and no refund will be issued for any remaining period.
- JorgAI may retain certain data (such as transaction logs and audit records) as necessary for legal, regulatory, or compliance purposes, or as otherwise permitted by our Privacy Policy.
- All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 3, 4, 9, 10, 13, 14, and 15.
13. Disclaimers of Warranties
13.1 “As Is” and “As Available”
THE PLATFORM AND ALL CONTENT, FEATURES, TOOLS, DATA, AI PREDICTIONS, ANALYTICS, AND SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
13.2 Disclaimer of Express and Implied Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JORGAI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY CONTENT, DATA, AI PREDICTIONS, OR INFORMATION PROVIDED THROUGH THE PLATFORM.
- ANY WARRANTY THAT AI PREDICTIONS, ALGORITHMIC ANALYSIS, TRADE SIGNALS, OR ANY OTHER ANALYTICAL OUTPUT WILL BE ACCURATE, PROFITABLE, OR SUITABLE FOR YOUR PURPOSES.
- ANY WARRANTY THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED.
- ANY WARRANTY THAT THE PLATFORM IS FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
13.3 No Warranty of Profitability
JORGAI MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT USE OF THE PLATFORM WILL RESULT IN PROFITABLE TRADES OR POSITIVE INVESTMENT RETURNS. TRADING IS INHERENTLY RISKY, AND LOSSES ARE A NORMAL AND EXPECTED POSSIBILITY.
13.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. To the extent that applicable law does not permit the disclaimers or limitations set forth herein, such disclaimers or limitations shall apply to the maximum extent permitted by applicable law.
14. Governing Law & Dispute Resolution
14.1 Governing Law
This Agreement and any dispute or claim arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any choice of law or conflict of law provisions.
14.2 Mandatory Arbitration
Subject to the exceptions set forth in Section 4.8, all disputes, controversies, or claims arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then-current Commercial Arbitration Rules and Mediation Procedures.
14.3 Arbitration Procedures
The arbitration shall be conducted by a single arbitrator selected in accordance with AAA rules. The arbitration shall take place in the State of California, or at such other location as the parties may mutually agree. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. The arbitral award shall be final, binding, and non-appealable, and judgment thereon may be entered in any court having jurisdiction thereof.
14.4 Waiver of Jury Trial
BY AGREEING TO THESE TERMS, YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM.
14.5 Class Action Waiver
AS SET FORTH IN SECTION 4.6, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.
14.6 Time Limitation
Any claim or cause of action arising out of or related to your use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be permanently barred.
14.7 Small Claims Court
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.
15. Severability
15.1
If any provision of this Agreement is held to be invalid, illegal, void, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall not be affected, impaired, or invalidated in any way. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties. If such modification is not possible, the provision shall be deemed severed from this Agreement.
15.2
The failure of JorgAI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
16. Entire Agreement
16.1
This Agreement, together with the Privacy Policy and any other policies or documents expressly incorporated herein by reference, constitutes the entire agreement between you and JorgAI with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, whether written or oral, with respect to such subject matter.
16.2
No amendment to or modification of this Agreement shall be binding unless made in writing and executed by JorgAI. No oral statements or representations shall modify or otherwise affect the terms and conditions set forth herein.
16.3
The section headings used in this Agreement are for convenience of reference only and shall not affect the interpretation or construction of any provision of this Agreement.
17. Contact Information
If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us at:
JorgAI LLCState of California, United States
General Support: support@jorgai.com
Legal Inquiries: legal@jorgai.com
Website: jorgai.com
For urgent matters related to your account security or unauthorized trading activity, please contact support@jorgai.com immediately.
