1. Binding Agreement & Electronic Execution
THESE TERMS OF SERVICE (THE "AGREEMENT") CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU (THE "USER") AND ONYX INTELLIGENCE ("COMPANY," "WE," OR "US"). BY ACCESSING, BROWSING, OR UTILIZING THE ONYX INTELLIGENCE TERMINAL, APIS, OR ANY ASSOCIATED SOFTWARE ARCHITECTURE (COLLECTIVELY, THE "PLATFORM"), YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND UNEQUIVOCALLY AGREE TO BE BOUND BY EVERY PROVISION CONTAINED HEREIN. YOUR CONTINUED USE OF THE PLATFORM CONSTITUTES AN ELECTRONIC SIGNATURE UNDER APPLICABLE LAW, CARRYING THE SAME LEGAL FORCE AS A WET-INK SIGNATURE.
2. Intellectual Property, Trade Secrets, & Injunctive Relief
The Onyx Intelligence Platform, including but not limited to the LYNX Engine, underlying algorithms, heuristic models, proprietary data pipelines, user interface schemas, and all synthesized outputs, are the exclusive intellectual property of the Company and constitute highly protected trade secrets. You are granted a limited, non-exclusive, non-transferable, and revocable license to access the Platform solely for personal, internal analytical purposes. YOU EXPLICITLY AGREE NOT TO reverse-engineer, decompile, disassemble, scrape, crawl, reproduce, redistribute, or create derivative works from the Platform. The Company reserves the right to seek immediate injunctive relief, without the necessity of posting a bond, alongside liquidated damages for any breach of this section, acknowledging that such breaches inflict irreparable harm upon the Company.
3. Absolute Limitation of Liability & Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE JURISPRUDENCE, UNDER NO THEORY OF LAW OR EQUITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTORY DUTY, OR OTHERWISE) SHALL ONYX INTELLIGENCE, ITS FOUNDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, CLAIMS FOR TRADING LOSSES, DIMINUTION OF WEALTH, LOST PROFITS, LOSS OF DATA, OR MARGIN CALLS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR ACCESSING THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF NO FEES WERE PAID, THE COMPANY'S TOTAL LIABILITY SHALL BE EXACTLY ZERO DOLLARS ($0.00).
You further agree to fully indemnify, defend, and hold harmless the Company and its founders from any and all third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including exhaustive attorneys' fees) arising out of or relating to your violation of this Agreement or your use/misuse of the Platform's data.
4. Mandatory Binding Arbitration & Class Action Waiver
Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively through final and binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitration shall take place strictly in El Dorado County, California, before a single arbitrator. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Furthermore, any claim or cause of action arising out of or related to use of the Platform must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, or be forever legally barred.
5. Severability & Entire Agreement
If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and all other provisions of this Agreement shall remain in full force and effect. This Agreement, alongside the Privacy Policy and Financial Disclaimer, constitutes the entire and exclusive understanding and agreement between the Company and you regarding the Platform.
1. Data Categories & Telemetry Acquisition
Onyx Intelligence ("Company") systematically acquires, processes, and retains specific categories of user data to facilitate the operation of the LYNX Intelligence Engine. This telemetry includes, but is not limited to: IP addresses, browser user-agent strings, session duration metrics, terminal query inputs, and API request logs. By accessing the Platform, you furnish explicit consent to the continuous collection and algorithmic processing of this telemetry data.
2. No Expectation of Privacy in Terminal Inputs
You explicitly acknowledge and agree that you hold NO REASONABLE EXPECTATION OF PRIVACY regarding any textual inputs, search queries, or commands executed within the Onyx Intelligence terminal. All inputs processed by the LYNX Engine become the property of the Company and may be utilized for model refinement, system diagnostics, and longitudinal telemetry analysis. Do not input confidential, proprietary, or personally identifiable information into the terminal.
3. Explicit Consent to International Transfer & Third-Party Processors
To sustain low-latency market synthesis, the Company relies on decentralized, third-party infrastructure (e.g., Cloudflare Workers AI, Supabase, Stripe). You hereby consent to the transmission, storage, and processing of your anonymized telemetry and account credentials across international borders. The Company executes strict de-identification protocols prior to transmitting data to inference engines. The Company disclaims all liability for data breaches, service interruptions, or privacy violations resulting from the failure or negligence of these third-party infrastructure providers.
4. CCPA / CPRA Compliance Block
Pursuant to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), residents of California possess the right to request the disclosure of data collection practices and the deletion of their personal information. The Company does NOT sell personal information to third-party data brokers. To exercise your "Right to Delete" or "Right to Know," you must submit a formalized request in writing to founders@onyxintelligence.ai. The Company reserves the statutory right to verify your identity prior to executing any data obfuscation or deletion protocols.
1. Complete Disavowal of Fiduciary Duty
ONYX INTELLIGENCE IS STRICTLY A SOFTWARE ENGINEERING ENTITY. WE ARE NOT A BROKER-DEALER, REGISTERED INVESTMENT ADVISOR (RIA), COMMODITY TRADING ADVISOR (CTA), OR FINANCIAL PLANNER. No aspect of the Platform, including outputs generated by the LYNX Engine, shall be construed as a fiduciary obligation, financial advice, or an offer/solicitation to buy or sell any security, derivative, or financial instrument. You are acting entirely as a self-directed investor and bear solitary responsibility for your financial decisions.
2. Inherent Dangers of AI, Stochastic Parroting, & Non-Deterministic Outputs
The LYNX Engine utilizes highly experimental Large Language Models (LLMs) to synthesize market telemetry. YOU EXPLICITLY ACKNOWLEDGE that LLMs operate via probabilistic text generation and "stochastic parroting." Consequently, the outputs generated by the Platform are non-deterministic and inherently susceptible to severe "hallucinations," data corruption, and logical failure cascades. THE LYNX ENGINE MAY GENERATE COMPLETELY FABRICATED, INACCURATE, OR FUNDAMENTALLY FLAWED FINANCIAL SIGNALS. You agree that utilizing AI for financial analysis constitutes an extreme assumption of risk.
3. Total Acknowledgment of Capital Risk & Total Loss
TRADING IN FINANCIAL MARKETS—PARTICULARLY EQUITIES, OPTIONS, AND DERIVATIVES—INVOLVES CATASTROPHIC RISK PROFILES. YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT RELIANCE ON ANY DATA, INSIGHT, OR SIGNAL GENERATED BY THE ONYX INTELLIGENCE PLATFORM MAY RESULT IN THE ABSOLUTE AND TOTAL LOSS OF YOUR INVESTMENT CAPITAL. Furthermore, the use of leverage or margin based on Platform data may result in financial liabilities exceeding your initial capital. The Company assumes zero liability for your trading outcomes, portfolio drawdowns, or margin calls.
4. "As-Is" Data Provision & Disavowal of Feed Accuracy
The Platform ingests raw data from third-party APIs (e.g., SEC EDGAR, FINRA, Finnhub, Congressional Disclosures). The Company DOES NOT AUDIT, VERIFY, OR WARRANT THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THESE INGESTED DATA FEEDS. All Platform data is provided strictly on an "AS-IS" and "AS-AVAILABLE" basis. The Company completely disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. It is your sole responsibility to cross-verify all raw market data with primary institutional sources prior to executing any market order.
