GoldSquawk

GoldSquawk Terms of Service

These Terms of Service govern your use of GoldSquawk. GoldSquawk is an automated, AI-assisted news and data service for information only. It is not financial advice, its content may be inaccurate or delayed, and you use it entirely at your own risk.

Last updated: 3 November 2026

Operator: OCBF Consulting LLC, a Wyoming limited liability company, 1309 Coffeen Ave, Suite 1200, Sheridan, WY 82801, United States. Contact: sales@goldsquawk.com

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SECTION 30), A DISCLAIMER OF WARRANTIES (SECTION 24) AND A LIMITATION OF OUR LIABILITY (SECTION 25). THESE AFFECT YOUR LEGAL RIGHTS.

1. About these Terms

1.1 These Terms of Service (the "Terms") form a legally binding agreement between you and OCBF Consulting LLC ("OCBF", "GoldSquawk", "we", "us" or "our"). They govern your access to and use of the website at goldsquawk.com and all of its subdomains and pages, the GoldSquawk progressive web application and any mobile or desktop applications, the GoldSquawk Telegram channel and bots, our email publications, our audio squawk, our alerts and notifications, our data pages, downloads and application programming interface, and every other product, feature, content item or service we provide under the GoldSquawk name (together, the "Service").

1.2 By accessing or using any part of the Service, creating an account, subscribing to any email publication, purchasing a subscription, or clicking or tapping to accept these Terms, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not access or use the Service.

1.3 If you use the Service on behalf of a company, firm or other organisation, you represent and warrant that you have authority to bind that organisation to these Terms, and "you" includes that organisation.

1.4 Additional terms may apply to particular features, promotions or offers. Where they do, they will be presented to you and form part of these Terms. If an additional term conflicts with these Terms, the additional term applies to that feature only.

2. Definitions

In these Terms, the following words have these meanings:

3. Eligibility

3.1 You must be at least 18 years old, and of the age of legal majority where you live, to use the Service. By using the Service you represent and warrant that you meet this requirement.

3.2 You must have the legal capacity to enter into a binding contract and must not be barred from using the Service under any applicable law.

3.3 You must not use the Service if you are located in, ordinarily resident in, or organised under the laws of a country or territory that is the subject of comprehensive sanctions, or if you are a person listed on, or owned or controlled by a person listed on, any sanctions list (see Section 29).

3.4 You are responsible for ensuring that your access to and use of the Service is lawful in the jurisdiction from which you access it. We make no representation that the Service or any Content is appropriate, lawful or available for use in any particular location.

3.5 We may refuse access to the Service, or to any part of it, to anyone, at any time and for any reason, to the extent permitted by law.

4. The Service

4.1 GoldSquawk is a real-time news, audio and data service focused on gold, oil and related markets. Depending on your access level, the Service may include live news feeds, an audio squawk, live and historical prices, "why is it moving" summaries, economic calendars, big-event live pages, special reports, daily wraps by video, article and email, data pages, composite gauges, release briefings, session preps, a weekly data brief, interactive charts, data downloads, an API, and price and keyword alerts delivered by push notification, email or Telegram.

4.2 The Service is offered at three levels: (a) public access without an Account; (b) Free Accounts; and (c) Pro Accounts. The features available at each level are described on the Service and may change at any time.

4.3 We may add, change, suspend, limit or remove any feature, Content, data source, data series, delivery channel, usage limit or level of the Service at any time, with or without notice, including features you have paid for, subject only to Section 11.7.

5. GoldSquawk is an AI-assisted, automated newsdesk

5.1 You acknowledge and agree that GoldSquawk is an AI-assisted, largely automated newsdesk. Much of the Content is gathered, filtered, classified, prioritised, summarised, rewritten, translated, timed, voiced and distributed by AI Systems and automated software, with limited or no human review before publication.

5.2 In particular, and without limitation:

1. headlines may be rewritten or condensed from Third-Party Content by AI Systems and may not reflect the exact wording, meaning, context or emphasis of the original source;
2. "why is gold moving", "why is oil moving", daily wraps, videos, session preps, release briefings, weekly briefs, special reports and similar summaries may be wholly or partly generated by AI Systems;
3. the audio squawk is produced by automated text-to-speech and may mispronounce, misread, skip, repeat or delay items;
4. foreign-language sources may be machine translated, and translations may be inaccurate;
5. classifications such as "urgent", topic tags, sentiment, hawk/dove readings, geopolitical heat, "what's driving the market" and composite gauge scores are produced by automated methods and models that involve judgement, assumptions and simplification;
6. consensus or forecast figures, previous figures, typical moves, implied moves, levels and historical reaction statistics are drawn from third parties or calculated automatically and may be wrong, stale or incomplete; and
7. AI Systems are known to produce errors, including statements that are false, fabricated, misattributed, out of date, out of context, incomplete or biased (sometimes called "hallucinations").

5.3 Content may be published before, without, or contrary to confirmation by the original source. Items may later be corrected, updated, withdrawn or deleted, and we have no obligation to notify you of any correction or withdrawal.

5.4 You must independently verify any Content with the original primary source before relying on it for any purpose.

6. No financial, investment or other professional advice

6.1 THE SERVICE AND ALL CONTENT ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. NOTHING ON THE SERVICE IS, OR SHOULD BE TREATED AS, FINANCIAL, INVESTMENT, TRADING, TAX, LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE.

6.2 Without limiting Section 6.1:

1. no Content is a recommendation, solicitation, offer or invitation to buy, sell or hold any commodity, currency, security, derivative, contract for difference, futures contract, option, crypto-asset or other financial product, or to adopt any trading or investment strategy;
2. no Content takes into account your objectives, financial situation, needs, experience, knowledge or risk tolerance, and no Content is personalised to you, even where you set alerts, pin data or otherwise configure the Service;
3. any historical reactions, typical moves, implied moves, levels, correlations, gauges, scores, sentiment or other statistics describe the past or reflect automated models. They are not predictions, forecasts, price targets or signals, and past performance is not a reliable indicator of future results;
4. we do not give trade ideas, calls, signals, forecasts of our own or price targets; and
5. no communication between you and us, including through support, email, Telegram or social media, creates an adviser, broker, fiduciary or client relationship.

6.3 OCBF is not registered or licensed as a financial adviser, investment adviser, broker, dealer, financial advice provider, commodity trading adviser or similar in any jurisdiction. The Service is a bona fide publication of general and regular circulation and is not tailored to the investment needs of any individual.

6.4 You are solely responsible for every decision you make and every action you take or do not take based in whole or in part on the Service. You should obtain advice from an appropriately licensed and qualified professional before making any financial or investment decision.

6.5 From time to time the Service may display or link to information about brokers or other financial services providers, including providers with which we have a commercial relationship. Any such display or link is not a recommendation or endorsement, and any account you open with a third party is solely between you and that third party.

7. No responsibility for accuracy, completeness or timeliness

7.1 WE DO NOT WARRANT OR GUARANTEE THAT ANY CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, TIMELY, ORIGINAL OR FREE OF ERRORS OR OMISSIONS, AND WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT.

7.2 Without limitation, Content may be delayed by seconds, minutes, hours or longer; may arrive out of order; may be missing, duplicated, truncated or incomplete; may be attributed to the wrong source, time, country, institution or person; and may contain errors in figures, units, signs, dates, times or time zones.

7.3 Prices, quotes, charts and market data shown on the Service may be indicative, delayed, derived, sampled or estimated, may differ from prices available from any exchange, broker or dealer, and must not be used for trading, execution, valuation, settlement or any other purpose that requires accurate real-time data.

7.4 Economic calendar times, consensus figures and release schedules may change without notice and may be wrong.

7.5 Third-Party Content remains the responsibility of its originator. We do not endorse, verify or adopt any Third-Party Content, any opinion expressed in it, or any source, including state-affiliated media, wire relays or social media accounts that we may monitor and report on. The inclusion of a source does not imply that it is reliable.

7.6 We are not responsible for any decision, trade, loss, cost or missed opportunity arising from Content being inaccurate, incomplete, delayed, missing, misinterpreted or misattributed.

8. Trading and market risk

8.1 Trading and investing in gold, oil, other commodities, currencies, futures, options, contracts for difference, leveraged products and other financial instruments involves a high risk of loss and is not suitable for everyone. Leveraged products in particular can result in losses that exceed your deposits.

8.2 Markets can move rapidly and unpredictably, especially around economic releases, central bank decisions, geopolitical events and outside normal trading hours. Information, including Content from the Service, may be priced in before you receive it.

8.3 You acknowledge that you understand these risks, that you trade and invest entirely at your own risk, and that you will not hold us responsible for any trading or investment outcome.

9. Accounts

9.1 Some features require an Account. You must provide accurate, current and complete information when you register and keep it up to date.

9.2 Accounts are personal to you. You must not share your login credentials, API key or Account with anyone else, allow anyone else to use them, or create an Account for someone else without their authorisation. A Pro subscription is for one named individual user only.

9.3 You are responsible for keeping your credentials and API key confidential and secure, and for all activity under your Account, whether or not you authorised it. You must notify us immediately at sales@goldsquawk.com if you suspect any unauthorised access or use.

9.4 You must not create more than one Free Account, or create Accounts by automated means, in order to obtain additional alerts, features or usage limits.

9.5 We may suspend or delete Accounts that have been inactive for an extended period, after giving notice to the email address on the Account where practicable.

10. Pro subscriptions, billing and auto-renewal

10.1 Plans and prices. Pro is offered on the plans, at the prices and in the currency displayed on the Service at the time of purchase. Prices exclude any applicable taxes unless stated otherwise.

10.2 Payment processing. Payments are processed by Stripe, Inc. and its affiliates ("Stripe"). By subscribing, you authorise us and Stripe to charge your chosen payment method for the subscription fee and any applicable taxes. Your payment information is handled by Stripe under its own terms and privacy policy, and we do not store your full card details. We are not responsible for any act or omission of Stripe, your card issuer or your bank.

10.3 AUTOMATIC RENEWAL. YOUR PRO SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH SUBSCRIPTION PERIOD FOR A FURTHER PERIOD OF THE SAME LENGTH, AND WE WILL CHARGE YOUR PAYMENT METHOD THE THEN-CURRENT PRICE, UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. You can cancel at any time as described in Section 11.

10.4 Failed payments. If a payment fails, we or Stripe may retry the charge. We may suspend or downgrade your Account to a Free Account until payment is received, and you remain responsible for any amounts due.

10.5 Price changes. We may change subscription prices at any time. A price change will not affect your current Subscription Period. We will give you reasonable advance notice of any price increase before it applies at your next renewal. If you do not agree to the new price, you may cancel before the renewal date. Continuing your subscription after the new price takes effect means you accept it.

10.6 Plan changes. You may switch between monthly and yearly billing through "Manage billing" on your account page. Any proration, credit or charge is calculated by Stripe and shown to you before you confirm.

10.7 Taxes. You are responsible for any sales, use, value added, goods and services or similar taxes that apply to your purchase, other than taxes on our income. Where we are required to collect tax, it will be added to or included in the price shown at checkout.

10.8 Chargebacks. If you dispute a charge with your card issuer instead of contacting us first, we may suspend your Account while the dispute is investigated. If a chargeback is raised for a valid charge, we may terminate your Account and recover the amount and any fees we incur.

11. Cancellation and refunds

11.1 How to cancel. You can cancel your Pro subscription at any time from "Manage billing" on your account page, or by emailing sales@goldsquawk.com from the email address on your Account.

11.2 Effect of cancellation. Cancellation stops future renewals. You keep access to Pro Features until the end of the Subscription Period you have already paid for, after which your Account reverts to a Free Account. You will not be charged again.

11.3 No refunds. Except where required by law or expressly stated in these Terms, all fees are non-refundable, including for partially used Subscription Periods, unused features, periods when you did not use the Service, and yearly subscriptions cancelled before the end of the year.

11.4 Discretionary refunds. We may, at our sole discretion, issue a full or partial refund or credit in a particular case. Doing so does not oblige us to do the same in any other case.

11.5 Right of withdrawal for consumers in the UK, EU and EEA. If you are a consumer in the United Kingdom, the European Union or the European Economic Area, you may have a statutory right to withdraw from a digital services contract within 14 days. Because Pro gives you immediate access to digital content and services, by subscribing you expressly request that the Service begins immediately and acknowledge that you lose your right of withdrawal once access to Pro Features begins, to the extent permitted by law. Where your right of withdrawal still applies, you may exercise it by emailing sales@goldsquawk.com within the withdrawal period with a clear statement of your decision.

11.6 Consumer guarantees. Nothing in this Section 11 limits any refund or remedy you are entitled to under consumer protection laws that cannot be excluded (see Section 32).

11.7 Discontinuation of Pro. If we permanently discontinue Pro as a whole during a paid Subscription Period, we will refund the unused portion of any prepaid fee on a pro rata basis. This is your sole remedy for that discontinuation. Changes to, or removal of, individual features, data series, sources or channels do not entitle you to a refund.

12. Free trials, discounts and promotions

12.1 We may offer free or discounted trials, introductory prices, promotional codes or other offers. Each offer is subject to the terms shown when it is made, may be limited to one per person or household, and may be withdrawn at any time before you accept it.

12.2 Unless you cancel before a trial or introductory period ends, your subscription will automatically convert to a paid subscription at the then-current full price, and your payment method will be charged.

12.3 Promotional codes have no cash value, cannot be transferred or sold, and may be cancelled if obtained or used fraudulently or in breach of these Terms.

13. Alerts, notifications and briefings

13.1 Price alerts, keyword alerts, urgent headline alerts, release briefings, session preps and other notifications (together, "Alerts") are provided on a best-efforts basis only.

13.2 WE DO NOT GUARANTEE THAT ANY ALERT WILL BE TRIGGERED, SENT, DELIVERED OR RECEIVED, OR THAT IT WILL BE DELIVERED AT ANY PARTICULAR TIME OR IN ANY PARTICULAR ORDER. Alerts depend on data feeds, our systems and third-party services (including Apple, Google, browser vendors, Telegram, email providers and your device, network and settings), any of which may fail, delay, filter or block them.

13.3 Price alerts are triggered by the price data available to our systems, which may differ from prices at your broker or on any exchange. An alert may trigger late, early, more than once, or not at all.

13.4 You must not rely on Alerts as your sole or primary means of monitoring markets, positions or risk, or as a substitute for stop-loss orders or other risk controls offered by your broker.

13.5 Free Accounts may set up to 3 price alerts and 3 keyword alerts, and Pro Accounts up to 50 of each, or such other limits as we specify on the Service from time to time.

14. Audio squawk

14.1 The audio squawk reads Content aloud using automated text-to-speech. It may lag the written feed, skip or merge items, mispronounce names and figures, or stop without warning, including when your device locks, changes network or limits background activity.

14.2 You must not record, rebroadcast, retransmit, stream or relay the audio squawk to any other person, venue, trading floor, chat room, broadcast or platform.

15. Data, downloads and API

15.1 Licence. Subject to these Terms and, where applicable, an active Pro subscription, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use data downloads (including CSV and Excel files) and the API solely for your own personal, internal and non-commercial analysis.

15.2 Restrictions. You must not, and must not allow anyone else to:

1. redistribute, resell, sublicense, publish, broadcast, syndicate or otherwise make available any data, download or API output, in whole or in part, to any third party, whether or not for payment;
2. use any data or API output to build, power, populate or train any competing product, service, database, data feed, website, application, bot, newsletter or channel;
3. use any Content, data or API output to train, fine-tune, evaluate, ground or otherwise develop any artificial intelligence or machine learning model, or include it in any dataset for that purpose;
4. share your API key or use more than one API key;
5. exceed the published rate limits (currently up to 5,000 requests per day per Pro Account) or attempt to circumvent them; or
6. remove or obscure any attribution, source notice or disclaimer.

15.3 Third-party data. Some data is sourced from governments, agencies, exchanges and other third parties and may be subject to their own terms. Nothing in these Terms grants you any right in third-party data beyond what its owner permits, and you are responsible for complying with any such terms.

15.4 No warranty. Data, downloads and API output are provided "as is" and are subject to Sections 7 and 24. We may change, version, rate-limit, suspend or discontinue any data series, field, format, endpoint or the API itself at any time, without notice and without liability.

15.5 Revocation. We may suspend or revoke your API key or download access at any time, including if we suspect misuse or a breach of this Section 15.

16. Acceptable use

16.1 You must use the Service only for lawful purposes and in accordance with these Terms. You must not, and must not attempt to or help anyone else to:

1. copy, scrape, crawl, harvest, mirror, frame, archive or systematically download any part of the Service or Content by automated or manual means, except through the API as permitted in Section 15 or ordinary web browser caching;
2. republish, redistribute, retransmit, rebroadcast, sell, rent or commercially exploit any Content, including by relaying headlines, alerts or the squawk to any Telegram channel, Discord server, WhatsApp group, social media account, trading room or other audience;
3. use the Service, or any Content, to create a competing service;
4. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, models, prompts, algorithms or data structures of the Service, except to the extent applicable law expressly permits;
5. bypass, disable or interfere with any paywall, access control, rate limit, security feature or technical measure;
6. access Pro Features without an active Pro subscription, or share Pro access, credentials or Content with non-subscribers;
7. introduce any virus, malware, worm, trojan or other harmful code, or carry out any denial-of-service or similar attack;
8. probe, scan or test the vulnerability of the Service or breach any security or authentication measure without our prior written permission;
9. impersonate any person or entity, or misrepresent your affiliation with any person or entity, including us;
10. use the Service to manipulate any market, spread false or misleading information, or engage in insider dealing, front-running or any other unlawful or abusive trading practice;
11. use the Service in breach of any sanctions, export control, securities, commodities, data protection, consumer or other applicable law; or
12. use the Service in any way that could damage, disable, overburden or impair it, or interfere with anyone else's use of it.

16.2 We may monitor use of the Service for compliance with these Terms and may investigate and take any action we consider appropriate in response to a suspected breach, including suspending or terminating access, removing Content, and reporting matters to law enforcement or regulators.

17. Intellectual property

17.1 The Service and all Content, software, code, models, prompts, designs, text, graphics, logos, audio, video, data compilations, selection and arrangement, and all other materials on it, and all intellectual property rights in them, are owned by or licensed to OCBF and are protected by copyright, database, trade mark and other laws worldwide. All rights not expressly granted to you in these Terms are reserved.

17.2 Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and view the Service and Content for your own personal, non-commercial use.

17.3 You may share a link to a public page of the Service, or quote a single headline with clear attribution to GoldSquawk and a link to goldsquawk.com, for non-commercial purposes. Any other use requires our prior written consent.

17.4 "GoldSquawk", "Oil Squawk", our logos and our product names are trade marks of OCBF. You must not use them without our prior written consent.

17.5 Third-Party Content and third-party trade marks remain the property of their respective owners.

18. Feedback

If you send us suggestions, ideas, bug reports or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable and sublicensable licence to use, copy, modify and exploit it for any purpose, without any obligation or compensation to you.

19. Communications and email publications

19.1 By creating an Account you agree that we may send you service and transactional messages, such as security notices, receipts, billing notices and changes to these Terms. These are part of the Service and you cannot opt out of them while you have an Account.

19.2 If you subscribe to the daily wrap or another email publication, you agree to receive it and any updates about GoldSquawk products and services described at sign-up. Every marketing or publication email includes a link to unsubscribe, and you can unsubscribe at any time.

19.3 You agree that we may communicate with you electronically, and that electronic notices satisfy any legal requirement that a communication be in writing.

20. Privacy

Our collection and use of personal information is described in our Privacy Policy at goldsquawk.com/privacy. By using the Service, you acknowledge that we process your information as described there, including through analytics and the third-party service providers named in it.

21. Third-party services and links

21.1 The Service relies on, integrates with or links to third-party websites, platforms and services, including Stripe, Telegram, app stores, push notification services, email providers, hosting providers and data sources. Your use of them is governed by their own terms and privacy policies.

21.2 We do not control and are not responsible for any third-party website, platform, service, content, product or practice, or for any loss arising from your use of them. A link to a third party is not an endorsement.

22. Availability and changes to the Service

22.1 We do not guarantee that the Service, or any part of it, will be available at any particular time, in any particular location, or without interruption, delay or error. The Service may be unavailable because of maintenance, updates, outages, failures of data sources, hosting or network providers, cyber attacks, or any other cause.

22.2 Markets are most volatile when demand on the Service is highest. The Service may slow down, lag or fail at exactly those moments, and we accept no liability if it does.

22.3 We may modify, suspend or discontinue the Service, or any part of it, temporarily or permanently, at any time, with or without notice, and without liability to you, subject only to Section 11.7.

23. Suspension and termination

23.1 You may stop using the Service at any time. You may delete your Account by contacting sales@goldsquawk.com. Deleting your Account does not by itself cancel a Pro subscription, so cancel it first as described in Section 11.

23.2 We may suspend, restrict or terminate your access to the Service or any part of it, or your Account, at any time, with or without notice, if we reasonably believe that you have breached these Terms, that your use creates risk or possible legal exposure for us or others, that we are required to do so by law, or that continuing to provide the Service to you is no longer commercially viable.

23.3 If we terminate your Account for your breach of these Terms, you will not be entitled to any refund. If we terminate your Pro subscription for any other reason, we will refund the unused portion of any prepaid fee on a pro rata basis.

23.4 On termination, all licences granted to you end immediately, you must stop using the Service and Content, and you must delete any downloaded data in your possession. Sections that by their nature should survive termination will survive, including Sections 5 to 8, 10.8, 15.2, 16 to 18, and 24 to 34.

24. Disclaimer of warranties

24.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

24.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OCBF AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, DATA PROVIDERS AND SERVICE PROVIDERS (THE "OCBF PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

24.3 WITHOUT LIMITING THE ABOVE, THE OCBF PARTIES DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) ANY CONTENT, INCLUDING ANY AI-GENERATED CONTENT, WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT; (D) ANY ALERT WILL BE DELIVERED; (E) ANY ERRORS WILL BE CORRECTED; OR (F) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

24.4 You acknowledge that you use the Service at your sole risk and that you are solely responsible for any damage to your devices or data, and for any loss of any kind, that results from that use.

25. Limitation of liability

25.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OCBF PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, TRADING GAINS, INVESTMENT, CAPITAL, OPPORTUNITY, BUSINESS, GOODWILL, DATA OR USE, OR ANY TRADING OR INVESTMENT LOSS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, ANY CONTENT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

25.2 WITHOUT LIMITING SECTION 25.1, THE OCBF PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM: (A) ANY RELIANCE ON, OR ANY DECISION, TRADE OR INVESTMENT MADE OR NOT MADE ON THE BASIS OF, ANY CONTENT; (B) ANY INACCURATE, INCOMPLETE, DELAYED, MISSING, MISTRANSLATED, MISATTRIBUTED OR AI-GENERATED CONTENT; (C) ANY ALERT THAT IS LATE, EARLY, DUPLICATED, INCORRECT OR NOT DELIVERED; (D) ANY UNAVAILABILITY, INTERRUPTION, SLOWDOWN OR FAILURE OF THE SERVICE; (E) ANY THIRD-PARTY CONTENT, SERVICE OR CONDUCT; OR (F) ANY UNAUTHORISED ACCESS TO OR USE OF YOUR ACCOUNT, API KEY OR DATA.

25.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE OCBF PARTIES FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, ANY CONTENT OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU ACTUALLY PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM; AND (B) ONE HUNDRED US DOLLARS (US$100). IF YOU HAVE NOT PAID US ANY FEES, OUR TOTAL AGGREGATE LIABILITY IS ZERO.

25.4 The limitations and exclusions in this Section 25 apply even if any remedy fails of its essential purpose, and they reflect a reasonable allocation of risk that forms an essential basis of the bargain between you and us. The Service would not be provided without them, and the free parts of the Service would not be free.

25.5 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, or for death or personal injury caused by negligence where that cannot lawfully be excluded. Where applicable law does not allow the exclusion or limitation of particular liability, our liability is excluded or limited to the fullest extent that law permits.

25.6 Any claim you have arising out of or in connection with the Service or these Terms must be brought within one (1) year after the cause of action arises, or it is permanently barred, to the extent permitted by law.

26. Indemnity

26.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the OCBF Parties from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your access to or use of the Service or any Content; (b) any trading, investment or other decision you make; (c) your breach of these Terms; (d) your breach of any law or of any third party's rights; or (e) any redistribution or misuse of Content, data or API output by you or anyone using your Account or API key.

26.2 We may assume the exclusive defence and control of any matter for which you must indemnify us, and you agree to cooperate with our defence. You must not settle any such matter without our prior written consent.

27. Release

To the maximum extent permitted by law, you release the OCBF Parties from all claims, demands and damages of every kind, known and unknown, arising out of or in any way connected with any dispute between you and any third party, including any broker, data provider or other User. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law in any other jurisdiction.

28. Force majeure

We will not be liable for any delay or failure to perform any obligation under these Terms caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, armed conflict, sanctions, civil unrest, government action, labour disputes, failures or delays of data sources, exchanges, telecommunications, internet, hosting, cloud or power providers, cyber attacks, and failures of third-party software or AI Systems.

29. Sanctions and export controls

29.1 The Service is operated by a United States company and is subject to United States and other applicable sanctions and export control laws.

29.2 You represent and warrant that you are not: (a) located in, ordinarily resident in, or organised under the laws of any country or territory subject to comprehensive sanctions administered by the United States, the United Nations, the European Union, the United Kingdom or New Zealand; (b) listed on, or owned or controlled by any person listed on, any sanctions or restricted party list maintained by any of those authorities, including the Specially Designated Nationals and Blocked Persons List; or (c) acting on behalf of any such person.

29.3 You must not purchase a subscription, access Pro Features or use the API from, or for the benefit of, any sanctioned country, territory or person. We may block, restrict, suspend or terminate access, and refuse or reverse any payment, where we consider it necessary to comply with sanctions or export control laws, without liability to you.

30. Dispute resolution, binding arbitration and class action waiver

30.1 Informal resolution first. Before starting any formal proceeding, you agree to contact us at sales@goldsquawk.com with a written description of your dispute, your name, your Account email and the relief you seek, and to try in good faith to resolve it with us informally for at least 60 days.

30.2 Binding arbitration. If a dispute is not resolved informally, then except as set out in Sections 30.5 and 32, any dispute, claim or controversy arising out of or relating to the Service, any Content or these Terms, including their formation, interpretation, breach, termination, validity or enforceability (a "Dispute"), will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if you are not a consumer) then in effect, before a single arbitrator. The arbitration will be conducted in English, by video conference or on written submissions where permitted, or otherwise in Sheridan County, Wyoming. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section 30.

30.3 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

30.4 Costs. Payment of filing, administration and arbitrator fees will be governed by the AAA rules. Each party bears its own legal fees and costs unless the arbitrator decides otherwise under applicable law.

30.5 Exceptions. Either party may: (a) bring an individual claim in a small claims court of competent jurisdiction; and (b) seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to stop unauthorised access to, scraping of or redistribution of the Service or Content.

30.6 Opt-out. You may opt out of this agreement to arbitrate by emailing sales@goldsquawk.com within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and your name and Account email. Opting out does not affect any other part of these Terms.

30.7 Severability. If the class action waiver in Section 30.3 is found unenforceable for any claim, that claim must be severed and brought in court under Section 31, and the rest of Section 30 continues to apply. If any other part of Section 30 is found unenforceable, the rest of it remains in effect.

31. Governing law and jurisdiction

31.1 These Terms, and any Dispute, are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws rules, and, where applicable, the federal laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

31.2 Subject to Section 30 and Section 32, the state and federal courts located in Wyoming have exclusive jurisdiction over any Dispute that is not subject to arbitration, and you and we submit to the personal jurisdiction of those courts.

32. Your rights under consumer laws

32.1 If you are a consumer, you may have rights under the consumer protection laws of the country where you live that cannot be excluded, restricted or modified by contract. Nothing in these Terms excludes, restricts or modifies any such right or remedy. Where these Terms purport to do so, they do not apply to that extent.

32.2 New Zealand. If you acquire the Service as a consumer in New Zealand, nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. If you acquire the Service for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, and that it is fair and reasonable for the parties to be bound by this Section 32.2.

32.3 Australia. If you are a consumer in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where we are permitted to limit our liability for failure to comply with a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

32.4 United Kingdom, European Union and European Economic Area. If you are a consumer in the United Kingdom, the European Union or the European Economic Area, you benefit from any mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your country of residence. Sections 30 and 31 do not deprive you of that protection. We are not liable for any loss that was not reasonably foreseeable, or for business losses. The European Commission's online dispute resolution platform is available at https://ec.europa.eu/consumers/odr where applicable.

32.5 United States. Some states do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the exclusions and limitations in Sections 24 and 25 may not apply to you. In that case they apply to the fullest extent permitted by your state's law.

33. Changes to these Terms

33.1 We may update these Terms at any time. We will post the updated Terms on the Service and change the "Last updated" date. Where a change is material, we will take reasonable steps to notify you in advance, for example by email or a notice on the Service.

33.2 Changes take effect when posted, or on any later date we specify. Changes do not apply to any Dispute that arose before the change. If you continue to use the Service after a change takes effect, you accept the updated Terms. If you do not agree, you must stop using the Service and cancel any subscription.

34. General

34.1 Entire agreement. These Terms, together with the Privacy Policy and any additional terms referred to in Section 1.4, form the entire agreement between you and us about the Service and supersede all prior agreements, representations and understandings.

34.2 Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible or modified to the minimum extent necessary, and the remaining provisions remain in full force and effect.

34.3 No waiver. Our failure or delay in enforcing any right or provision is not a waiver of it.

34.4 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets.

34.5 Relationship. Nothing in these Terms creates any partnership, joint venture, agency, employment, fiduciary or advisory relationship between you and us.

34.6 No third-party beneficiaries. Except for the OCBF Parties in Sections 24 to 27, nobody other than you and us has any right to enforce these Terms.

34.7 Notices. We may give you notices by email to the address on your Account, by notice on the Service, or by any other method permitted by law. You must give us legal notices by email to sales@goldsquawk.com, with a copy by post to the address in Section 35.

34.8 Language. These Terms are written in English. Any translation is for convenience only, and the English version prevails if there is a conflict.

34.9 Headings and interpretation. Headings are for convenience only and do not affect interpretation. "Including" and similar words mean "including without limitation".

35. Contact us

If you have any questions about these Terms or the Service, please contact us:

OCBF Consulting LLC 1309 Coffeen Ave, Suite 1200 Sheridan, WY 82801 United States

Email: sales@goldsquawk.com

GoldSquawk is news and data for information only. It is not investment advice.