OpScout

OpScout Terms of Use and Subscription Agreement

Version 1.3 · Effective date: October 17, 2026

These Terms of Use and Subscription Agreement (the "Terms") are a binding agreement between you and OSHER MEVIN, INC. ("OpScout," "we," "us," or "our"). They govern your use of the OpScout mobile application, websites, software, Monitors, Alerts, Notifications, calculations, data displays and related services (together, the "Service").

Please read Section 30 (Arbitration) and Section 31 (Class-Action Waiver) carefully. They require most disputes to be resolved by individual binding arbitration rather than in court, unless you opt out as described in Section 30.8.

1. Acceptance of These Terms

You accept these Terms by explicitly selecting the acceptance control (for example, an "Agree" or "Accept" button) that OpScout presents to you with these Terms. We record which version of the Terms you accepted and when. We keep that record after you delete your account, as our Privacy Policy describes.

When we present a new version of these Terms for acceptance, the version you accept governs from the time you accept it.

If you do not agree to these Terms, do not accept them and do not use the Service.

These Terms incorporate the following documents:

Our Privacy Policy explains how we handle personal information.

Some features have additional terms, which you accept when you use them:

2. Eligibility

You must be at least 13 years old to use the Service. The Service is not intended for children under 13.

If you are under the age of legal majority where you live, you may use the Service only if your parent or legal guardian has reviewed and agreed to these Terms on your behalf. That parent or guardian is responsible for your use of the Service, including any purchases.

You may use the Service only where its use is lawful. You may not use it if you are prohibited from receiving it under applicable law.

3. What OpScout Is

OpScout is software for user-directed monitoring. It lets you:

OpScout is a research, information, calculation and monitoring tool. It is not:

4. User-Directed Monitoring

You decide what OpScout monitors. You choose:

OpScout applies your settings mechanically, using its software logic and the data available to it. Your settings are instructions to the software. They do not create an advisory relationship.

5. Monitors, Alerts and Notifications

These terms have specific meanings in the Service:

An Alert and its Notification are different things. An Alert can be recorded even if its Notification is delayed, blocked, suppressed, duplicated or never delivered. A Notification that is not received does not mean that no Alert occurred. A Notification that is received does not mean that the underlying conditions still exist.

6. No Investment Advice

Nothing in the Service is individualized investment, financial, legal, tax or accounting advice. This includes any:

Content that other users post is theirs, not OpScout's. OpScout does not check it for accuracy and does not adopt or endorse it (Section 29.3). Posts from OpScout's own account are general information about the Service and the markets (Section 29.8).

You are solely responsible for your investment and trading decisions. Where appropriate, consult qualified professionals.

7. No Recommendations

Nothing in the Service is a recommendation, offer or solicitation to buy, sell, hold, write, exercise, assign, close or otherwise transact in any security, option or other financial instrument.

When the Service ranks or names a contract that matches your criteria, it is applying the ordering rule described in the Methodology & Data Disclosure to your criteria. It is not judging that the contract is a good investment.

A strategy name such as "Covered Call" or "Cash-Secured Put" identifies a screening rule that you selected. It is not a suggestion that you use that strategy.

Lists such as Explore's Top Today and Top This Week rank posts by how many other accounts liked, commented on or forwarded them, as the Methodology & Data Disclosure describes. The lists are the same for everyone. A post's place in a list is not OpScout's view of the post or of any security it mentions.

If you add Monitors that another user shared to your own Watchlist, OpScout copies their conditions as your own Monitors. Neither OpScout nor that user recommends that you use them.

8. No Suitability Determination

OpScout does not determine whether any security, option, strategy or transaction is suitable for you. It does not consider your:

9. No Fiduciary Relationship

Your use of the Service does not create a fiduciary, adviser-client, broker-customer, agency, partnership or similar relationship between you and OpScout.

10. No Brokerage, Order Routing, Execution, Clearing, Settlement or Custody

OpScout does not:

An Alert or Notification is not a market, limit or stop order. It is not a broker instruction, trade confirmation or execution mechanism of any kind. Any transaction must be placed by you, through a broker or other authorized financial institution, after you independently confirm its terms.

The Journal and the Portfolio contain only what you enter. OpScout does not connect to your brokerage or bank accounts to read or import them, and their contents are not statements from any financial institution.

11. Third-Party Market Data

The Service relies on market, reference, fundamental and options data from third-party market data providers and other licensed data sources (together, "Information Providers"). It also relies on other third-party services, such as hosting, authentication, messaging and app distribution.

We do not control Information Providers. Their data may be:

Data fields shown together may come from different sources, carry different timestamps or update at different times.

Information Providers may impose conditions on how their data is used. You agree to comply with any such conditions that we display or incorporate into the Service. Nothing in these Terms gives you ownership of, or any right to redistribute, third-party data.

12. Options-Market Data

Options data has additional limitations. Option quotes, bid and ask prices, volume, open interest, implied volatility, probabilities, expiration information and contract availability may be:

Outside regular trading hours, options data may be especially stale or unrepresentative.

A screen may cover only part of an option chain. A contract shown by the Service:

13. Data Delays, Errors and Corrections

To the maximum extent permitted by law, we do not warrant that any data used or displayed by the Service is accurate, complete, timely, correctly sequenced or available. This includes market data, reference data, options data, calculation inputs and corporate-action data.

Corporate actions and market events may temporarily or permanently affect data, calculations, Monitors, Alerts and Notifications. These include:

You should review your Monitors after any such event.

14. Calculations

The Service calculates or displays derived values, such as:

Some of these values are calculated by OpScout. Others are supplied, already calculated, by Information Providers. The Methodology & Data Disclosure explains which is which.

All derived values are estimates based on the inputs available at the time and the methodology then in use.

Figures in your Journal and Portfolio also depend on the records you enter. OpScout does not check those records against your broker's, and the figures are not brokerage statements, trade confirmations or tax records.

Unless the Methodology & Data Disclosure expressly states otherwise, derived values do not account for real-world transaction effects. These include:

We may change methodologies as the Service evolves, and we will update the Methodology & Data Disclosure when we do.

15. Annualized Values

An annualized value mathematically scales a result for a shorter period to a one-year basis. It does not mean that the same result:

Annualized values are not forecasts, projections or guarantees of any return.

16. No Executable-Price Guarantee

Prices and other values shown by the Service may not be available when you try to trade, or available at the size you want. This includes last, bid, ask and underlying prices, and premiums.

OpScout does not reserve liquidity, lock a quote or guarantee a fill.

17. Notification Delivery

Notifications pass through systems that OpScout does not control, including:

Notifications may be delayed, duplicated, reordered, suppressed, blocked or never delivered, for reasons including:

A channel may also be unavailable until you complete its linking or verification steps.

We limit how many Notifications we send through some channels, for example a monthly number of WhatsApp and Discord messages for each account. If an unusually large number of Alerts is recorded for your account within an hour, we pause your Notifications on every channel until you resume them in the app. The app shows the limits and any pause. Alerts are still recorded while a channel's limit is reached or your Notifications are paused, but no Notification is sent for them.

Do not rely on OpScout as your only source for a time-sensitive decision. Do not use it as a substitute for orders, risk controls or alerts offered by your broker.

17.1 SMS Alerts

OpScout SMS alerts are optional and are not enabled by default. Users explicitly opt in by adding and verifying a mobile phone number in Settings and selecting SMS as a delivery channel for an alert.

Messages are recurring. Message frequency varies based on user-configured alerts. Message and data rates may apply. Reply STOP to opt out. Reply HELP for help. Support: support@opscout.us.

Opting out of SMS does not necessarily disable other OpScout notification channels.

18. No Guaranteed Timing

OpScout checks Monitors on a recurring schedule, not continuously, and only during the market hours that the Methodology & Data Disclosure describes, together with the current schedule. Creating or changing a Monitor does not check it at that moment.

We do not guarantee that:

OpScout is not a real-time trading system.

19. No Service-Level Commitment

The consumer Service is provided without any service-level commitment. We do not promise any specific:

20. Maintenance and Service Interruptions

The Service may be unavailable, partly unavailable or degraded at times, including during:

During those times, Monitors may not be checked, Alerts may not be generated and Notifications may not be sent.

We may add, change, suspend or discontinue features, supported instruments, data sources, calculations, limits, interfaces or delivery channels. We will comply with applicable law and with our obligations for any subscription period you have already paid for.

21. Subscriptions and Auto-Renewal

Some features require a paid subscription ("OpScout Pro"). You can buy OpScout Pro in two ways:

Either way, OpScout Pro gives the same features. It belongs to the OpScout account you were signed in to when you bought it. To use it on another device, sign in to that account.

We may offer weekly, monthly and annual plans. Before you purchase, the Service shows you:

Subscriptions renew automatically at the end of each period, at the regular price of your plan, until you cancel. To avoid a renewal, cancel before the renewal date:

21.1 Introductory offers

We may offer new subscribers a reduced price for their first period, for example a lower price for the first week of the weekly plan. An introductory offer:

If you use more than one account, or otherwise try to obtain an offer for which you are not eligible, we may refuse the offer or act under Section 40.

We may change or end introductory offers for future purchases at any time. A change does not affect an offer you have already accepted.

21.2 Price changes

We may change subscription prices. A new price applies to an existing subscription only from a renewal that follows the notice that applicable law requires:

21.3 Emails about a web subscription

For a web subscription, we email you at the address of your OpScout account:

Apple sends its own messages about App Store subscriptions.

21.4 One subscription at a time

You need only one OpScout Pro subscription. The Service is designed not to sell you a new subscription while one is active on your OpScout account.

If you nevertheless have an App Store subscription and a web subscription active on the same OpScout account at the same time, the App Store subscription takes priority, because only Apple can cancel or refund it. When we find this, or you tell us:

This does not apply while the App Store subscription is a free trial, has not been paid, or is shared with you through Family Sharing, or when we cannot confirm it with Apple; each subscription then renews and is billed separately until you cancel it. You can always cancel the one you do not need, or contact us.

22. Billing

22.1 App Store subscriptions

Apple processes payment for App Store subscriptions. These are governed by Apple's terms and systems:

We do not receive your full payment-card details. You can restore an existing App Store subscription from within the app.

22.2 Web subscriptions

OSHER MEVIN, INC. sells web subscriptions. Stripe, Inc. ("Stripe") processes the payments for us. We do not receive your full payment-card details: Stripe handles them under its own terms and privacy policy.

When you buy a web subscription, you authorize us, through Stripe, to charge the payment method you provide:

Prices are in U.S. dollars unless the Service shows otherwise. Prices may not include applicable taxes. Where we are required to collect sales tax, value-added tax or a similar tax on a web subscription, we add it at checkout and show it before you pay, unless the law requires the price shown to include it.

In Manage billing on the web subscription page, you can update your payment method, see your invoices, change plans and cancel.

Changing plans. A change between web plans takes effect when you confirm it. The difference in price for the rest of the current period may be charged or credited, as shown before you confirm.

Failed payments. If a renewal payment fails, OpScout Pro stops until the payment succeeds. We may retry the charge through Stripe. If the payment does not succeed, the subscription ends.

23. Cancellation

You can cancel your subscription at any time:

Cancelling:

Deleting your OpScout account does not cancel an App Store subscription. To stop it renewing, you must cancel through Apple, either before or after you delete your account. Deleting your account does cancel a web subscription, as Section 25 describes.

24. Refunds

24.1 App Store subscriptions

Refunds for App Store purchases are handled by Apple under Apple's policies. Request them from Apple. We cannot grant or refuse a refund for an App Store purchase.

24.2 Web subscriptions

Payments for web subscriptions, including an introductory price, are non-refundable, and we do not refund partly used periods, except:

We may also give a refund or credit in other cases, at our discretion. Doing so once does not oblige us to do it again.

If we refund a payment, the OpScout Pro access that it paid for may end.

To ask for a refund, email support@opscout.us with the date and amount of the charge.

If you dispute a charge with your bank or card issuer instead of contacting us, we may suspend OpScout Pro while the dispute is open.

24.3 Your rights under applicable law

Nothing in these Terms limits any refund, withdrawal or other right that cannot be waived under applicable law. For example, consumers in some countries have a legal right to withdraw from a purchase within a set period.

25. Account Deletion

You can delete your OpScout account from within the app. Deletion is permanent and cannot be undone. It removes:

It also removes your profile, your posts and comments, your Club memberships, your Journal and Portfolio records and your connections to other apps. Where other people commented on your post or replied to your comment, it stays in its place as "[deleted]", showing nothing of yours, so that their comments and replies remain. Some records are kept, as our Privacy Policy describes: for example, records of your acceptance of these Terms, records of reported content, payment and tax records, and, if you are an affiliate, your signed agreement. A Club you lead passes to another of its managers or members, or is archived if it has none. While your account is subject to a legal hold, it cannot be deleted.

If you have a web subscription, deleting your account cancels it at once:

If we cannot reach Stripe to cancel a web subscription, your account is not deleted, and you can try again.

Deleting your account does not cancel an App Store subscription (see Section 23).

If you sign in again later, you will start a new account.

26. Fair Use and Technical Limits

To protect the Service's reliability and security, our obligations to Information Providers, and other users, we may impose reasonable limits on resource-intensive activity, including:

We will disclose any material limit that applies to a paid plan before you purchase it.

You may not circumvent technical limits.

27. Personal Use and Data Restrictions

We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Service for your own non-commercial purposes, in accordance with these Terms.

Unless we agree otherwise in writing, you may not:

28. Intellectual Property

The Service is owned by OSHER MEVIN, INC. or its licensors and is protected by intellectual-property laws. This includes:

Third-party data and marks belong to their owners.

Except for the limited license in Section 27, these Terms do not transfer any rights to you.

29. Your Content, the Community and Clubs

29.1 Your content

Your content includes your Monitor settings, watchlists, Journal and Portfolio records, your profile, your posts and comments, what you do in Clubs, your support messages and anything else you choose to share. You keep any rights you have in it.

You grant us a limited license to host, store, process, reproduce and transmit your content as reasonably necessary to provide, secure, maintain and improve the Service, in accordance with our Privacy Policy.

For content you post or share for other people to see, such as your profile, posts, comments, Club content and share links, you also grant us a worldwide, non-exclusive, royalty-free license to display, distribute, format and adapt it in the Service and on OpScout's share pages, to the people who may see it under Section 29.2, for as long as it is posted. For example, we show a preview of a link you post, and we may show a post in Explore's lists.

You confirm that you have the rights needed to post your content, and that posting it does not break these Terms or the law.

29.2 Who can see what you post

When you delete a post or comment, it is removed from the Service. If you delete your account, your posts and comments are removed; where other people commented or replied, theirs remain under a "[deleted]" placeholder that shows nothing of yours. Copies that other people made, quoted or captured are outside our control.

29.3 Content from other people

Posts, comments, Clubs and shared content come from the users who post them, not from OpScout. They may be wrong, out of date, promotional or misleading. The people who post them may hold, buy or sell the securities they mention, may be paid to promote something, and may earn a commission from OpScout as affiliates. OpScout does not check this content, does not endorse it and does not vouch for the people who post it. Read Section 6 and the Financial Data & Alert Risk Disclosure before you rely on any of it.

29.4 Community rules

OpScout does not tolerate objectionable content or abusive users. In the community you must not post, send or do anything that:

Because the community is about investing, you also must not:

You are responsible for what you post, and for complying with the laws that apply to you, including securities, advertising and consumer-protection laws.

29.5 Moderation

If a post of yours is hidden or removed, you may change it so that it follows the rules and post it again. You can send questions about our decisions to support@opscout.us.

29.6 Reports and blocking

You can report posts, comments, Clubs and users in the app. We review reports about content that may break these Terms. A Club's managers see reports about posts in their Club, but not who made them.

You can block another user. They are then left out of the audiences of your posts, except posts you share with everyone, and any follows between you end. Blocking does not stop them from seeing or commenting on what they can still see.

29.7 Clubs, Leaders and Patreon

29.8 OpScout's own posts

Posts from OpScout's official account are general information about the Service and the markets. They are not advice and do not consider your circumstances (Sections 6 to 8).

OSHER MEVIN, INC. designates an agent to receive notices of claimed copyright infringement under 17 U.S.C. §512(c). The agent's name, address, telephone number and email address are on our copyright page, https://api.opscout.us/copyright, and, once the designation is registered, in the U.S. Copyright Office's DMCA Designated Agent Directory. Until the copyright page names the agent, email notices and counter-notices to support@opscout.us.

If you believe that content in the Service infringes your copyright, send our designated agent a written notice with:

  1. your physical or electronic signature, as the owner of the copyright or a person authorized to act for the owner;
  2. a description of the copyrighted work you claim is infringed;
  3. a description of the material you claim infringes it and where it is in the Service, in enough detail for us to find it;
  4. your name, address, telephone number and email address;
  5. a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law;
  6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are the owner or authorized to act for the owner.

When we receive a complete notice, we remove or disable access to the material and tell the person who posted it, by email, how to send a counter-notice.

If material you posted was removed because of a notice and you believe it was removed by mistake or misidentification, send our designated agent a counter-notice with:

  1. your physical or electronic signature;
  2. a description of the material and where it appeared before it was removed;
  3. a statement, under penalty of perjury, that you have a good faith belief that it was removed by mistake or misidentification;
  4. your name, address and telephone number, a statement that you consent to the jurisdiction of the federal district court for your address (or, if your address is outside the United States, any judicial district in which OpScout may be found), and that you will accept service of process from the person who sent the notice.

We send the counter-notice to that person and put the material back not less than 10 and not more than 14 business days after we receive it, unless they first tell our agent that they have filed an action seeking a court order. Anyone who knowingly misrepresents that material infringes, or that it was removed by mistake or misidentification, may be liable for damages (17 U.S.C. §512(f)).

We close the accounts of repeat infringers in appropriate circumstances. An account from which material has been removed on complete notices three times within twelve months, and not put back after a counter-notice, is reviewed by a person, who may close it.

29A. Connected Apps

29A.1 Your choice

You may connect OpScout to an AI assistant or other app that OpScout supports, such as Anthropic's Claude. You make and approve the connection yourself, on an OpScout page that names your account and what the app will be able to do. You can turn it off at any time in the OpScout app: the app then cannot see or change your Monitors until you turn it back on there. To end the connection, remove OpScout in the other app; a connection that is not used ends on its own (Section 29A.4).

29A.2 Not OpScout's app

A connected app is provided by its own provider, under its own terms. OpScout does not control it, does not see your conversations with it, and is not responsible for what it says, suggests or does. Any analysis, explanation, suggestion or recommendation a connected app gives you comes from that app, not from OpScout, and is not investment advice from OpScout. OpScout's Monitors remain user-directed tools (Sections 4 to 9), however you create them.

29A.3 Its actions are your instructions

When a connected app creates, changes or removes a Monitor for you, OpScout treats it as your own instruction, made under your account. Check the Monitors it creates or changes in the OpScout app. OpScout checks them in exactly the same way as any other Monitor, on the same schedule and under the same rules and limits (Sections 5, 17, 18 and 26): a Monitor is never checked at the moment a connected app creates or changes it.

A connected app can also ask OpScout for a one-off Target Entry check. That check uses market data at the time of the request, only during the regular trading session and up to a limited number of times an hour, as the Methodology & Data Disclosure describes. It does not create a Monitor, record an Alert or send a Notification.

29A.4 Limits

OpScout limits how often a connected app can act for you, may refuse requests it cannot verify, and may end a connection that appears to be misused or that you did not make. A connection that is not used for a period that OpScout sets, currently 90 days, ends on its own, and you can then connect again. Connecting an app does not change what your subscription includes.

29A.5 Sign-in codes

A sign-in code made in the OpScout app lets whoever enters it connect an app to your account. Enter it only on the OpScout page that your app opened, and never give it to anyone. OpScout tells you each time a new connection is made. If you are told about a connection you did not make, turn it off in OpScout at once and contact us.

29A.6 No trading

No connected app can place, route or execute a trade, move money or assets, or access a brokerage account through OpScout (Section 10).

30. Arbitration Agreement

30.1 Agreement to arbitrate

You and OSHER MEVIN, INC. agree to resolve every Covered Dispute by binding arbitration on an individual basis. This agreement binds both of us.

A "Covered Dispute" is any dispute, claim or controversy between you and OpScout arising out of or relating to:

This includes contract, tort and statutory claims, and claims that arose before you accepted these Terms. It does not include the matters excluded in Section 30.2.

30.2 Exclusions

The following are not subject to arbitration:

30.3 Informal resolution

Before starting an arbitration, we encourage you to contact us at support@opscout.us so that we can try to resolve the issue informally.

30.4 Rules and governing law of the arbitration

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the arbitration is filed (the "AAA Rules"), as modified by this Section 30. The AAA Rules are available at www.adr.org.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement, to the extent it applies.

If several similar arbitrations are filed, the AAA Rules that apply to multiple case filings will govern their administration.

30.5 Fees and costs

30.6 Hearings

Where the AAA Rules permit, the arbitration may be conducted:

If an in-person hearing is required, it will take place at a location determined under the AAA Rules that is reasonably convenient to you. You will not be required to travel to Delaware solely to take part in an arbitration.

30.7 The arbitrator's authority

The arbitrator may award any individual relief that a court could award under applicable law, subject to Section 31 and the limitations in these Terms that applicable law permits.

The arbitrator decides questions about the scope, validity and enforceability of this arbitration agreement. The exception is that a court decides any question about the validity or enforceability of Section 31.

The arbitrator's award is final and binding. Judgment on it may be entered in any court of competent jurisdiction.

30.8 Your right to opt out

You may opt out of this arbitration agreement by email. The deadline is 30 days after the date you first affirmatively accept these Terms.

Send the email to support@opscout.us. It must include:

  1. your name;
  2. the email address associated with your OpScout account;
  3. a clear statement that you opt out of the OpScout arbitration agreement.

If you opt out:

Opting out does not affect any arbitration agreement you may have with us under another agreement.

30.9 Survival

This Section 30 survives the termination of these Terms and of your account.

31. Class-Action Waiver

Covered Disputes may be brought and resolved only on an individual basis. To the maximum extent permitted by applicable law, you and OSHER MEVIN, INC. each waive the right to bring, or to take part in as a class member, any of the following, whether in arbitration or in court:

The arbitrator may award relief only to the individual party seeking it, and only to the extent needed to provide relief on that party's individual claim, except where applicable law does not permit this limitation.

If a court finally determines that this Section 31 is unenforceable for a particular claim or request for relief:

This Section 31 does not waive any right that cannot be waived under applicable law.

32. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles, except:

33. Court Venue

Some disputes or proceedings may lawfully be heard in court, including:

Those disputes and proceedings will be heard exclusively in an appropriate state or federal court located in the State of Delaware. You and we consent to the personal jurisdiction of those courts for that purpose.

This Section does not apply to small-claims actions under Section 30.2, and it is subject to any non-waivable right under applicable law to bring proceedings where you live.

34. Privacy

Our collection, use and handling of personal information are described in the OpScout Privacy Policy.

35. Security

You are responsible for keeping your account, sign-in methods, devices and contact details secure, and for activity on your account to the extent permitted by law. Notify us promptly at support@opscout.us if you believe your account has been compromised. Provide accurate account information and keep it up to date. Never give anyone a sign-in code from the OpScout app (Section 29A.5). If you are an affiliate, the security requirements of your KOL Affiliate Agreement also apply.

We use reasonable safeguards designed for the Service. However, no internet, mobile, cloud or messaging system can be guaranteed secure. To the maximum extent permitted by law, we do not warrant that the Service will be free from unauthorized access, interruption, corruption or malicious code.

36. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES ALL DATA, CALCULATIONS, MONITORS, ALERTS, NOTIFICATIONS, SOFTWARE AND CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OSHER MEVIN, INC. DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTY OF:

Some jurisdictions do not allow certain warranties to be excluded, so some of these exclusions may not apply to you.

37. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OSHER MEVIN, INC. AND THE FOLLOWING WILL NOT BE LIABLE FOR ANY OF THE DAMAGES OR LOSSES LISTED BELOW:

THE EXCLUDED DAMAGES AND LOSSES ARE:

THIS APPLIES WHATEVER THE LEGAL THEORY, AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law. This includes rights and remedies that applicable consumer-protection law makes non-waivable. Where the law of your jurisdiction does not allow a particular exclusion or limitation, it applies only to the extent that law permits.

38. Your Responsibility for Decisions

You are responsible for deciding whether and how to use information from the Service. Before acting on information from the Service, you agree to independently verify all material information, including:

Verify through your broker, the relevant exchange, the issuer or another authoritative source. An Alert or Notification is not a substitute for that verification or for professional advice suited to your circumstances.

39. Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold harmless OSHER MEVIN, INC. and its affiliates, officers, directors and employees from third-party claims, and the related losses and reasonable costs, that arise from any of the following by you:

This Section does not require you to indemnify us for our own unlawful conduct or negligence.

40. Suspension and Termination

We may suspend or terminate your access to all or part of the Service where reasonably necessary to address:

For the same reasons, we may also hold, hide or remove content, limit posting, commenting or Club features, or restrict or close a Club.

Where appropriate and lawful, we will tell you why.

You may stop using the Service at any time, and you can delete your account in the app. Termination does not by itself entitle you to a refund, except where applicable law or Apple's rules require one.

If we terminate your account for a reason other than your breach of these Terms, fraud, abuse or unlawful activity, and you have a web subscription, we will refund the unused part of its current period.

Sections that by their nature should survive termination will survive to the extent enforceable. These include Sections 11 to 16, 27 to 33 (including Section 29A) and 36 to 39.

41. Changes to These Terms

We may update these Terms as the Service, the law or our business changes. If we make a material change:

Changes do not apply retroactively to disputes that arose before the change.

The current version of these Terms, with its version number and effective date, will always be available in the Service.

Version 1.3 was amended before publication on 2026-10-16: it adds the copyright agent, counter-notices and the repeat-infringer policy (Section 29.9), "[deleted]" placeholders and the acceptance records kept after you delete your account (Sections 1, 25 and 29.2), taking down your profile page (Section 29.2), the timing of the renewal notice for annual plans (Section 21.3) and reviews when no AI provider that keeps no copy is available (Section 29.5).

Version 1.3 was amended on 2026-10-18: Section 17.1 describes SMS alerts (opting in through Settings, recurring messages, message and data rates, STOP and HELP).

42. Apple-Specific Terms

These terms apply if you downloaded the OpScout app from Apple's App Store:

  1. The parties. These Terms are between you and OSHER MEVIN, INC. only, not with Apple Inc. ("Apple"). OSHER MEVIN, INC., not Apple, is solely responsible for the app and its content.
  2. License scope. Your license to use the app is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Other accounts associated with you through Family Sharing or volume purchasing may access the app where Apple's rules permit.
  3. Maintenance and support. OSHER MEVIN, INC. is solely responsible for maintenance and support of the app, as described in these Terms or as required by law. Apple has no obligation to provide maintenance or support for the app.
  4. Warranty. If the app fails to conform to any warranty that applies under law, you may notify Apple, and Apple may refund any purchase price you paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation for the app. OSHER MEVIN, INC. is responsible for any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty, to the extent these Terms do not disclaim them.
  5. Product claims. OSHER MEVIN, INC., not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including:
    • product-liability claims;
    • any claim that the app fails to meet a legal or regulatory requirement;
    • claims under consumer-protection, privacy or similar laws.
  6. Intellectual-property claims. If a third party claims that the app, or your possession or use of it, infringes its intellectual property, OSHER MEVIN, INC., not Apple, is responsible for investigating, defending, settling and discharging that claim.
  7. Legal compliance. You represent that:
    • you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country;
    • you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Third-party terms. You must comply with any applicable third-party terms when using the app.
  9. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

Questions, complaints and claims about the app should be directed to OSHER MEVIN, INC. using the contact details in Section 44.

43. General

44. Contact

OSHER MEVIN, INC.
Email: support@opscout.us