ThetaSmith (the "Service", "we", "us", "our") is operated by Investmetric Ltd, a company registered in England and Wales under company number 11763947, with registered office at 85 Great Portland Street, First Floor, London, England, W1W 7LT. These Terms of Service ("Terms") form a binding agreement between you ("you", "user") and us and govern your access to and use of the ThetaSmith website, applications and services.
By creating an account, subscribing, or otherwise using the Service, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, do not use the Service.
ThetaSmith provides web-based software for backtesting, screening, analysing and optimising options and CFD trading strategies against historical and reference market data. Access is provided on a tiered subscription basis (including a free tier), delivered entirely online.
The Service is a decision-support, research and educational tool. It does not place orders, hold client funds, or connect to your brokerage to trade on your behalf. You remain solely responsible for any trading decisions you make.
Nothing provided through the Service constitutes financial, investment, legal, tax or other professional advice, a recommendation, solicitation, or an offer to buy or sell any financial instrument. We are not a broker-dealer, investment firm, financial adviser or portfolio manager, and we are not registered or authorised as such.
Outputs, statistics, screeners, optimisations and any other content are general information only and do not take account of your personal circumstances, objectives or risk tolerance. You should obtain independent advice from an appropriately licensed professional before making any trading or investment decision. You act on the information at your own risk.
Hypothetical performance disclaimer. Results generated by the Service are hypothetical and backtested. They do not represent actual trading and no real money was placed at risk. Hypothetical results have inherent limitations: they are prepared with the benefit of hindsight, and they cannot fully account for real-world factors such as liquidity, order execution, latency, requotes, financing and carry costs, gaps, market impact, or a trader's behaviour and discipline under real conditions.
Backtests rely on historical and modelled data (including modelled bid/ask spreads) that may differ from the prices, spreads and conditions you would actually obtain. Past and hypothetical performance is not a reliable indicator of, and does not guarantee, future results. No representation is made that any account will or is likely to achieve profits or losses similar to those shown.
Trading options, CFDs and other leveraged derivatives carries a high level of risk and can result in the loss of some or all of your capital. CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. These products are not suitable for everyone. You should not trade with money you cannot afford to lose, and you should ensure you fully understand the risks involved. Consider seeking independent advice if necessary.
To use the Service you must be at least 18 years old and have the legal capacity to enter into these Terms. You are responsible for ensuring that your use of the Service, and of any instruments you research or trade, is lawful in your jurisdiction. Certain products (including CFDs) are restricted or unavailable in some jurisdictions; the Service is not directed to persons in any jurisdiction where its use would be contrary to law.
You agree to provide accurate registration information and to keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Accounts are personal to you and may not be shared, resold or transferred. Notify us promptly of any unauthorised use.
Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as you select) and renew automatically until cancelled. Payments are processed by our third-party payment provider, Stripe; by subscribing you also agree to Stripe's terms. You authorise us and Stripe to charge your payment method for the applicable fees and any taxes.
We may change subscription prices or plan features. For existing subscribers, price changes apply from the next billing period after we give reasonable prior notice. Fees are stated exclusive of taxes unless indicated; you are responsible for any applicable taxes.
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period: you retain access to your paid features until then, and your subscription will not renew thereafter.
Except where required by law (see section 10) or expressly stated, payments are non-refundable and we do not provide pro-rata refunds for partial billing periods, downgrades, or unused time.
If you are a consumer in the EU/EEA, you normally have the right to withdraw from a distance contract within 14 days without giving a reason.
Consent to immediate performance. ThetaSmith is a digital service supplied immediately. When you subscribe and request immediate access, you expressly consent to us beginning to provide the Service during the 14-day withdrawal period, and you acknowledge that you will lose your right of withdrawal once the Service has begun (or, to the extent the Service is treated as a service rather than digital content, that you will be charged for the portion already supplied if you withdraw). You confirm this consent at checkout.
Nothing in these Terms removes any mandatory statutory rights you have as a consumer that cannot be waived. The free tier does not require payment and is not affected by this section.
The Service uses market and reference data obtained from exchanges and third-party providers. Such data is provided on an "as is" basis and may contain errors, omissions, delays or gaps. We do not warrant the accuracy, completeness, timeliness or fitness for any purpose of any data or of the results derived from it. Third-party data is subject to the rights of its providers and may not be copied, redistributed, resold or used to create a competing dataset or product.
You agree not to:
The Service, including its software, design, content, and all related intellectual property, is owned by us or our licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your own personal or internal business purposes in accordance with these Terms. All rights not expressly granted are reserved.
The Service is provided on an "as is" and "as available" basis. We do not warrant that it will be uninterrupted, error-free, or that defects will be corrected, and we may modify, suspend or discontinue features or perform maintenance at any time. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
To the fullest extent permitted by law, we shall not be liable for any trading or investment losses, or for any indirect, incidental, special, consequential or exemplary damages, or any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of, or inability to use, the Service. Our total aggregate liability arising out of or relating to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, for fraud, or for any liability that cannot be excluded or limited under applicable law. If you are a consumer, your statutory rights are not affected.
You agree to indemnify and hold us harmless from any claims, losses, liabilities and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Service, or your violation of any law or third-party rights.
You may stop using the Service and cancel at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. On termination, the licence granted to you ends; provisions that by their nature should survive (including sections on disclaimers, liability, IP and governing law) will continue to apply.
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or a notice in the Service). Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by the laws of England and Wales, and the courts of England and Wales shall have jurisdiction, without prejudice to any mandatory consumer-protection rights or the right of a consumer to bring proceedings in their country of residence where required by law.
Questions about these Terms? Contact us at admin@investmetric.co.uk or Investmetric Ltd, 85 Great Portland Street, First Floor, London, England, W1W 7LT.