Terms of Service
These Terms of Service ("Terms") govern your access to and use of the fling.baby website, applications, content, and related services (collectively, the "Service"), operated by Expectations Limited ("fling.baby," "we," "us," or "our").
1. Acceptance of Terms
By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
2. Description of Service
fling.baby provides financial-news-based content, commentary, signals, ideas, simulations, interactive features, and related tools. Some features may allow you to connect a third-party brokerage account or otherwise facilitate your own trading activity through third-party providers.
We may modify, suspend, or discontinue any part of the Service at any time.
3. Eligibility
You must be legally capable of entering into a binding agreement and using the Service in compliance with applicable law. You are solely responsible for ensuring that your use of the Service is lawful in your jurisdiction.
4. No Broker, No Custody, No Investment Adviser Relationship
fling.baby is not your broker, dealer, investment adviser, commodity trading advisor, fiduciary, bank, or custodian. We do not carry brokerage accounts, accept deposits, hold customer funds, or execute trades for you in our own capacity.
If the Service interoperates with a brokerage or other financial account, any securities or other transactions are carried out by the applicable third-party financial institution, and your relationship with that institution is governed by its own terms and disclosures.
5. Informational and Entertainment Purposes Only
The Service and all content made available through it are provided for informational and entertainment purposes only. Nothing on the Service constitutes investment, legal, tax, accounting, or other professional advice. Nothing on the Service is a solicitation, recommendation, endorsement, or offer to buy, sell, or hold any security or other instrument.
6. Trading Risk; No Guarantee; Your Decisions
Trading and investing involve substantial risk, including the risk of losing all capital. Past performance is not necessarily indicative of future results. Any hypothetical, simulated, ranked, backtested, estimated, sentiment-based, or model-generated result has material limitations and does not represent actual trading.
Delays, outages, synchronization errors, stale data, software defects, broker limitations, market conditions, liquidity constraints, account restrictions, failed authentications, API interruptions, user configuration choices, and other operational factors can materially affect outcomes.
You are solely responsible for evaluating any idea, signal, article, prompt, notification, trade, or strategy and for all trading, investment, allocation, and risk-management decisions you make.
7. Brokerage Connectivity and Authorizations
If you choose to connect the Service to a brokerage or other third-party account, you represent that you are authorized to do so and you authorize us to exchange the information and instructions reasonably necessary to provide the requested functionality.
You are solely responsible for reviewing all trades, permissions, linked-account settings, account credentials, and brokerage activity. You are also solely responsible for maintaining any required balances, approvals, disclosures, consents, and trading permissions with your broker.
8. Accounts and Security
You may need to create an account to use some parts of the Service. You must provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account.
You must notify us promptly if you believe your account has been compromised.
9. Payments and Subscriptions
Some parts of the Service may be free and some may require payment. If you purchase a subscription or paid feature, you authorize us or our payment processor to charge the payment method you provide in accordance with the pricing and billing terms presented to you at checkout.
Unless expressly stated otherwise, fees are non-refundable.
10. Acceptable Use
You agree not to:
- use the Service in violation of law, regulation, or third-party rights;
- use the Service to engage in fraud, market manipulation, unauthorized trading, or deceptive conduct;
- interfere with, disrupt, or attempt to gain unauthorized access to the Service or related systems;
- scrape, copy, republish, or exploit the Service at scale without our written permission;
- misrepresent your identity, affiliation, authority, or trading permissions;
- use the Service in a way that creates legal, operational, reputational, or compliance risk for us or others.
11. Content; Intellectual Property
The Service, including its software, text, graphics, interfaces, trademarks, and original content, is owned by or licensed to fling.baby and is protected by intellectual property laws.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for its intended purpose.
12. User Content
If you submit or upload content, feedback, prompts, messages, profile information, or other materials through the Service ("User Content"), you retain whatever ownership rights you otherwise have in that content.
You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, distribute, modify for formatting purposes, and otherwise use User Content as reasonably necessary to operate, secure, improve, and promote the Service.
You represent and warrant that you have all rights necessary to provide any User Content you submit.
13. Third-Party Services
The Service may rely on or link to third-party services, including brokers, market-data providers, payment processors, hosting providers, analytics providers, and authentication providers. We are not responsible for third-party services and do not control their availability, accuracy, security, policies, or performance.
14. Suspension and Termination
We may suspend, restrict, or terminate your access to the Service at any time, with or without notice, if we reasonably believe that you have violated these Terms, created legal or operational risk, failed to pay amounts due, or used the Service in a way that harms us, our users, or third parties.
You may stop using the Service at any time.
15. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLING.BABY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, SIGNAL, ALERT, RESULT, COMMUNICATION, EXECUTION PATH, OR OUTCOME WILL BE ACCURATE, COMPLETE, TIMELY, AVAILABLE, OR PROFITABLE.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLING.BABY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, TRADING LOSSES, PORTFOLIO LOSSES, TAX LOSSES, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FLING.BABY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100.
Some jurisdictions do not allow certain disclaimers or limitations, so parts of this section may not apply to you.
17. Indemnity
You agree to indemnify, defend, and hold harmless fling.baby and its affiliates, officers, directors, employees, contractors, agents, and service providers from and against any third-party claim, demand, action, proceeding, liability, loss, damage, judgment, settlement, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:
- your use of the Service;
- your User Content;
- your violation of these Terms;
- your violation of law or regulation; or
- your violation of any third-party right.
18. Changes to the Service or These Terms
We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we may post the updated Terms with a new effective date and may also provide notice by email, in-product message, or other reasonable means.
Your continued use of the Service after the effective date of the updated Terms means you accept the revised Terms.
19. Dispute Resolution; Arbitration; Governing Law
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its applicable commercial arbitration rules.
Arbitration will take place in Westchester County, New York, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.
The prevailing party in any arbitration or court proceeding relating to enforcement of an arbitration award will be entitled to recover reasonable attorneys' fees and costs.
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules.
20. General Terms
These Terms are the entire agreement between you and fling.baby regarding the Service, except for any additional feature-specific terms that expressly apply.
If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect.
Our failure to enforce any provision is not a waiver of that provision.
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, sale, reorganization, or transfer of assets.
21. Contact
For questions about these Terms, contact us through the contact information provided on the Service.