Terms of Service

1. Acceptance of Terms

By accessing or using Flacko AI ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any modifications.

2. NOT FINANCIAL ADVICE — IMPORTANT DISCLAIMER

3. No Guarantees

The Service provides market analysis, reports, alerts and other trading-related information. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES of any kind, express or implied, regarding:

• The accuracy, completeness, reliability or timeliness of any information provided
• The performance of any securities, strategies or recommendations mentioned
• The suitability of any information for your particular financial situation
• Any specific results or outcomes from using the Service
• The continuous, uninterrupted or error-free operation of the Service

4. Assumption of Risk

You expressly acknowledge and agree that:

• You use the Service entirely at your own risk
• Trading securities involves substantial risk of loss, including the potential loss of your entire investment
• You are solely responsible for all investment decisions you make
• Any reliance on information from the Service is at your sole risk
• You have the financial resources, investment experience and risk tolerance to use the Service

5. Limitation of Liability

6. Indemnification

You agree to indemnify, defend and hold harmless Flacko AI, its owners, operators, affiliates, employees, agents and licensors from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any trading or investment decisions you make
• Any claims by third parties related to your use of the Service

7. Subscription and Billing

Subscription products require a paid subscription. The separate one-time mentoring program is described in Section 7A. By subscribing, you agree that:

• You will be billed on a recurring basis (monthly, quarterly or annually, as selected)
• Your subscription will automatically renew unless cancelled
• You may cancel at any time through your account settings or Stripe billing portal
• You are solely responsible for canceling your subscription before your renewal date if you do not want future charges
• Starting a chargeback, payment dispute or card dispute does not by itself cancel your subscription and is not a substitute for using the cancellation flow
• Unless we expressly state otherwise in writing, cancellation stops future renewals only and does not retroactively reverse already-processed charges
• Except where required by law, we do not provide prorated refunds, partial-period refunds or credits for unused time
• Refunds are provided at our sole discretion
• We may change pricing with notice to existing subscribers

Discord Community Membership

• Community membership payments are final and non-refundable, except where required by applicable law or where we expressly approve a refund at our discretion.
• You may cancel at any time. Access continues through the remainder of your trial or paid period; cancellation stops future renewals.
• Cancellation forfeits any locked promotional discount. Rejoining uses the prices and eligible offers available at that time.
• Failed payments have a three-day grace period.

If you file a chargeback or payment dispute after receiving access to the Service or if you continue to use the Service after claiming cancellation, we may suspend or terminate your access immediately, preserve account, billing, device and usage records, contest the dispute and block future subscriptions to protect the Service.

7A. One-Time Mentoring Program

The 30-day one-on-one mentoring program costs $300 USD as a single payment. It is a separate educational service, not a recurring mentoring subscription. The 30-day program period begins when payment is confirmed.

• The program includes options education, guided practice and two optional 30-minute check-in calls across the program month. Scheduling is coordinated by DM to @smdcapital on X with your purchase email or by replying to your confirmation email.
• Video access is provided during onboarding through your secure program page or the access instructions provided to you. Do not share private lesson links or passwords.
• Discord membership is sold separately. Previously purchased $800 mentoring programs retain the three calendar months of VIP access included at purchase.
• If you already have a separate community subscription, mentoring does not cancel, pause, credit or otherwise change that subscription or its renewal schedule. Manage it separately through its membership access page.
• Video links and passwords are for the purchaser only. Sharing them will result in termination of access.
• All mentoring sales are final and non-refundable, except where required by applicable law.
• Mentoring is educational. You retain control of your account and trading decisions. No trade outcome, profit or recovery of the program price is promised.
• Provide accurate contact details, including your X handle, and coordinate your participation during the program period. For access or scheduling support, contact hey@flacko.ai.

8. Intellectual Property

All content, features and functionality of the Service, including but not limited to text, graphics, logos, reports, analysis, alerts and software, are the exclusive property of Flacko AI and are protected by copyright, trademark and other intellectual property laws. You may not reproduce, distribute, modify or create derivative works without our express written permission.

9. Prohibited Uses

You agree not to:

• Share, resell or redistribute Service content without authorization
• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems to access the Service without permission
• Interfere with the proper functioning of the Service
• Abuse refunds, chargebacks, payment disputes, trials, promotional offers or subscription systems

10. Termination

We reserve the right to suspend or terminate your access to the Service at any time, for any reason, without notice or liability. Upon termination, your right to use the Service immediately ceases. Provisions that by their nature should survive termination shall survive, including but not limited to disclaimers, limitations of liability and indemnification.

We may also terminate or restrict access immediately in cases involving suspected fraud, abusive chargebacks, payment disputes, misuse of trials or promotions, unauthorized sharing or any other conduct we determine threatens the Service or its users.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. You agree to waive any right to a jury trial or to participate in a class action.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Flacko AI regarding the Service and supersede all prior agreements and understandings.

14. Contact

For questions about these Terms, please contact us at hey@flacko.ai