Terms of Service

The following terms are referenced in these Terms Of Service and have the definitions as follows: 

• “StockSurge,” “we,” “us,” “our,” “Company” means StockSurge Inc. a Delaware registered S Corporation, along with its affiliates, agents, representatives, consultants, employees, officers and directors. 

• “App,” “Application,” “Platform” means the StockSurge Mobile application, available on the App Store. 

• “Services” means any offerings that we provide to our users including the App.

• “Surge,” is defined as the user assembling a collection of 2 or more over/under predictions on Stocks.

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We are pleased to provide you with access to our platform. StockSurge is a platform that lets users predict over or under on various projected outcomes relating to stocks. The platform features 19 unique sectors and over 200 stocks. Each user is required to assemble a combination of between two to five stocks containing at least one stock from a different sector, and correctly predict over or under on all of their selections to earn up to 20 times their money in real cash prizes. Before using our Application, be sure to read the Terms of Service (“Terms”) carefully. These Terms are in effect from February 23. When replaced with new versions, those versions are effective from the date of publishing. Our Privacy Policy, which is incorporated into this document can be found at https://www.stocksurgeinc.com.

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Agreement to Terms

 

By clicking the “agree” button on the Application’s sign up page, and/or depositing money you:

• Acknowledge that you have read, understood and agree to the Terms.

• Are of legal age to enter into a binding agreement.

• Understand that you are legally bound by the terms to which you have agreed to. 

• Understand that you are legally bound by StockSurge Privacy Policy.

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Changes to these Terms Of Service

 

StockSurge reserves the right to change or replace any part of these Terms of Service at any point in time. The most recent version of these Terms Of Service can be found on the website: www.stocksurgeinc.com.

 

It is your responsibility to regularly check these Terms of Service for any changes or modifications. Logging on to the app constitutes your agreement to these terms.

 

License Grant

 

Subject to these Terms, StockSurge grants you a limited, nonexclusive, and non transferable license to:  

• Download, install, access, stream and use the Services for your personal, noncommercial use on handheld and mobile devices owned or otherwise controlled by you (collectively, “Device”) strictly in accordance with these Terms. 

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User Rights

 

You acknowledge that the Services are provided under license and not sold to you. StockSurge reserves and retains their entire right, title, and interest in and to the content and Services, including all copyrights, trademarks and other intellectual property rights therein in or relating thereto, except as expressly granted to you in the Terms. StockSurge has the right to assert and enforce the provisions of this section on its own behalf or on the behalf of any relevant third party. You shall not:

• Modify the Content, nor may you use the Content or Services for any commercial purpose or any public display, performance, sale or rental.

• Decompile, reverse engineer, or disassemble software content.

• Remove any copyright or other proprietary notices from the Content.

• Transfer the Content to another person.

 

If you are in violation of these Terms, StockSurge has the right to terminate the license given to you. Upon termination, you agree to immediately destroy and/or delete any copies of any unauthorized content or media in your possession. 

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Account Details

 

StockSurge gives you the ability to view the Content on our app without an account. However, through this method, you do not have the right to place a Surge. If you desire to place a Surge, deposit money, withdraw money or use promo funds you must create an account. In order to create an account you must: 

• Be over 18, or an age that is in accordance with local eligibility laws. 

• Provide a username, full name, password, mailing address, phone number, date of birth, and social security number. 

• Provide up to date billing information.

For information on how we collect and use your Personally Identifiable Information, please see the Privacy Policy which is available on our site: stocksurgeinc.com 

 

If StockSurge determines that the creation of your account is for purposes other than to enter into Surges and participate in the Services as outlined, it reserves the right to terminate or suspend your account at any time. 

 

Each user is permitted to open one account for their personal use. Users may not share accounts, nor operate another person’s account in any shape or form. This includes avoiding suspensions/termination of your own account or abusing promotional bonuses. If a user, in violation of these Terms is found to be using multiple accounts, StockSurge reserves the right to:

• Suspend or terminate any accounts associated with the user.

• Cancel any pending Surges.

• Seize any funds won during the period of which multiple accounts were used.

• Seize any promotional bonuses.

• Report you to relevant authorities. 

 

Your account will be deemed ‘Offline’ if you have not logged on for a period of twelve (12) months or more and we will send a notice advising removal of funds from the account. After a period of eighteen (18) months of inactivity, the account balances will be zeroed out. 

 

As mentioned in the Privacy Policy, which can be found either in the App or on the official StockSurge website, StockSurge is committed to protecting your data to the best of our ability. However, it is also your responsibility to ensure that your account details remain confidential and that you do not share sensitive information with anyone. If you become aware of a breach of your account, you must report it to StockSurge immediately so that we may take action. You are responsible for anything that occurs related to your account until you do so.

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Eligibility

 

In order to access the app and place an Surge, the user must be in one of the approved states within the U.S. Currently, the only state not allowed is Virginia, however that may be subject to change. By placing a Surge, you acknowledge and agree that you meet the following requirements, a) You are over 18 years of age, b) You are a citizen, permanent resident, or valid visa holder of the United States of America, c) You are not prohibited from entering into a Surge, whether by StockSurge or by any applicable laws, d) You are physically located in an eligible state, e) You will uphold these Terms. 

 

If StockSurge deems that you do not meet the above requirements, we reserve the right to suspend/terminate your account and/or ask for further validation upon the user entering into a Surge/withdrawing funds/depositing funds. Furthermore, in the case that we believe you to have violated eligibility, we reserve the right to restrict your ability to withdraw funds, or work with relevant banking entities to retrieve previously withdrawn funds.

 

By agreeing to these Terms you understand and agree to NOT do the following: 

• Share, sell or make your account available to others in any way. 

• Attempt to gain access to the source code of the app or any part of our services, or use any method to copy any material from the app. 

• Rent, lease, lend, sell, sub license, assign, distribute, publish, transfer or otherwise make available the app to any third party for any reason. 

• Use the app in a way that violates any law.

• Use the app in any way that will intentionally disrupt it, including but not limited to, introducing viruses or any malicious material or overburdening the system in any way that would inhibit usage. 

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Surges

 

StockSurge provides users with a game of skill, that is governed by a set rules provided in these Terms. Winners are determined by a set criteria, and winnings are determined by a set structure that does not vary except for use of promotional funds.  Users may use their knowledge of the Stock Market and other economic factors to win. StockSurge services do not support any form of gambling, wagering, betting, or any games of chance. By agreeing to these terms, you acknowledge and agree that StockSurge do not constitute any form of gambling, wagering, betting or any other games of chance, and you agree not to assert any of those positions or to allow anyone else to assert those positions on your behalf. 

 

After confirming your eligibility, you will be able to enter into Surges on the app. These Surges will have a required Surge fee. Unless otherwise specified, these Surge fees are not fixed, and the user may input whatever dollar amount they want. The payout multiples for regular Surges are fixed: 3x, 5x,10x, and 20x. For promotional Surges, the payout multiples are: 2x, 4x, 9x, 19x. Both payout structures are dependent on whether a Surges contains two, three, four or five predictions respectively. The payout that a user falls under depends entirely on the length of the Surge placed. 

 

Once submitted, the Surge fee will be deducted from your StockSurge Account. After a Surge is placed, the Surge fee is non-refundable. 

 

The result of your Surge will be shown only after it has completed its term. We reserve the right to cancel lines/Surges at any time. If this occurs, all Surge fees will be refunded to the users, unless otherwise deemed in these Terms.

 

All Surges placed on a user's account, are assumed to be placed by the account holder. If it is determined that this assumption is not the case, StockSurge reserves the right to investigate and may suspend/terminate the users account. 

 

StockSurge makes every effort to ensure that all winnings are awarded and deposited to your account within 48 hours following the conclusion of all Surges. We round any fractional amount down to the nearest cent. Any winnings accidentally attributed to you remain our property, when the error is identified, we reserve the right to remove and repurpose said winning appropriately. 

 

The following individuals are prohibited under every circumstance from entering into a Surge: 

 

• A StockSurge employee or any relative/partner who resides in the same residence as an employee. This includes but is not limited to, parents, grandparents, in-laws, children, and siblings. 

• An individual who has access to any confidential and sensitive StockSurge information. This includes any StockSurge related information that is not publicly available.

• An employee or individual that has access to privileged information of a publicly traded company that is offered on our platform. 

 

If any of these individuals enter into a Surge, StockSurge reserves the right to, a) suspend/terminate the account of the user, b) alert relevant authorities and prosecute to the fullest extent of the law. 

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Surges Disqualification and Cancellation

 

Once a Surge is placed, there are no refunds unless: a) suspicious activity occurs, b) StockSurge determines algorithmic failures. 

 

Failure to comply with these Terms will result in disqualification and potentially in the forfeiture or seizure of winnings. 

 

StockSurge, in its sole discretion, reserves the right to terminate your usage of our services and require the return of any winnings for improper or fraudulent use of our services. This includes, but is not limited to: 

• Falsifying any information

• Violating eligible payment methods

• Tampering in any way with the computer programs associated with our services

• Abusing StockSurge services in any way 

 

If StockSurge deems that any improper conduct has occurred, it will alert relevant authorities, and pursue the cause to the fullest extent of the law. Forfeiture of winnings and cooperation with StockSurge regarding violations may not absolve the user of further action from StockSurge. StockSurge reserves the right to, at our sole discretion, cancel or suspend any offerings and/or any Surges associated with said offerings for any reason, including but not limited to, the integrity of the platform and services and necessary security measures. In the event of cancellation or suspension, relevant funds used by you for an Surge will be promptly returned to your account. 

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Third party Statistics

 

StockSurge offers “live” statistics regarding certain publicly available market information. To provide this service we may use Polygon to provide the most up to date information for our users. However, please note that during market hours there may be a slight lag time in between the “live” data that we provide and current market prices. We advise you to check multiple different sources before confirming a Surge in order to avoid any user disadvantage. Please note that StockSurge is not liable for any outcomes as a result of delayed information, and will judge Surges based on the most up to date information available. 

 

For historical data related to equities offered on our platform, we rely on Polygon. While we will make the utmost effort to assure that this information is accurate and reliable, there may be discrepancies out of our control. Please note that StockSurge is not liable for any outcomes as a result of these discrepancies. 

 

StockSurge commits itself to the integrity of its users' Surges and does not solely rely on the information provided by third parties for your use to judge the results of users’ Surges. We will always use the most current, up to date and accurate information when allocating winnings. Furthermore, we use the data provided to us by Polygon at specifically 4:20pm in order to grade all Surges. 

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Deposits and Withdrawals: 

 

You may deposit funds through any of the available methods offered by us. Unless specified otherwise, there is no limit to the amount you can deposit, however please note that StockSurge may apply minimum and maximum limits depending on your history with the Services. 

 

Funds that you deposit are not insured by either StockSurge nor any governmental agency. You must be the account holder on any source that you use to deposit funds. Furthermore, by depositing funds you agree to provide us with any documentation necessary to verify your identity. While the verification process is pending, you may place Surges, however if we are unable to verify you, we reserve the right to withhold any funds and suspend your account until verification is complete. 

 

If, when doing a standard user compliance check, we find any discrepancies or violation in your conduct, we reserve the right to terminate your account, and withhold or revoke any winnings associated with your account. If any charge back occurs, any and all winnings will be deducted from your account, along with the original deposit size. If following this, your account is negative, it will act as debt that must be paid from you to us. 

 

The funds that you deposit into StockSurge are held by third party vendors of StockSurge. We do not mix user funds with our own. If you believe that the funds in your account have been compromised for any reason, please contact our support: admin@stocksurgeapp.com. 

 

If you wish to withdraw funds from your account, you can do so by requesting a withdrawal from within the app using the tab named “Withdraw.” This can be found on the drop down menu available when you click on the three lines in the top left corner. Users may be required to complete an affidavit of eligibility and forms of identification including but not limited to a Driver’s License, Proof of Residence and/ or any relevant banking/payment information. Failure to comply with this request and/or a violation of these Terms will result in forfeiture of winnings. All taxes associated with the receipt of any winnings are the sole responsibility of the user. StockSurge takes necessary steps to ensure the identity of the user withdrawing funds. We may ask you to complete a series of questions. If this process cannot be completed, we will ask for other forms of identity verification such as a driver’s license. If StockSurge cannot confirm the identity of the user, we will not release the funds from your account. 

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Warranty Disclaimer 

 

StockSurge, along with its affiliates, provides the App and Services on an “as is,” “as available,” and “with all faults” basis, without any express or implied warranties, including noninfringement, merchantability, fitness for a particular purpose, and title. StockSurge does not guarantee that the App or Services will meet specific requirements, function without interruption, or be secure or free of viruses. Users are responsible for ensuring compliance with local laws, as StockSurge makes no warranties regarding the legality of user activities.

 

Users access StockSurge’s App and Services at their own risk, acknowledging that downloaded content or materials may result in damage to operating systems or data loss, and StockSurge disclaims liability for such damage. StockSurge provides no assurances regarding the accuracy, reliability, or correction of errors in any content accessed through the App or Services, and it disclaims liability for damages resulting from interruptions, technical errors, or issues in content, services, or third-party links. Additionally, StockSurge does not warrant the security of information transmission through its App or Services and does not take responsibility for any advice or information that might create a warranty not explicitly stated in these terms.

 

To the fullest extent permitted by law, StockSurge, its affiliates, officers, directors, employees, and representatives are not liable for any loss or damages of any kind (including direct, indirect, incidental, punitive, or consequential damages) arising from the use of or reliance on the App, Services, or any content accessed through them. Users recognize that any reliance on StockSurge’s services or content is at their own risk and assume full responsibility for their actions.

 

In jurisdictions where the disclaimer of implied warranties is limited or restricted by law, StockSurge’s disclaimers apply only to the extent legally permissible, and certain disclaimers may not be enforceable for users within those jurisdictions.

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Limitation of Liability 

 

YOU UNDERSTAND AND AGREE THAT STOCKSURGE LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE APP AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, “STOCKSURGE"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE APP, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE APP; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE APP;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE APP'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF STOCKSURGE ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVER CONTAINING THE APP). IN NO EVENT WILL STOCKSURGE ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED FIFTY DOLLARS ($50). STOCKSURGE ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, MOBILE PHONE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS APP IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH STOCKSURGE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APP. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY APP OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY APP OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

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Responsible Usage

 

StockSurge reserves the right to determine if you are using the services in a responsible way. StockSurge also allows and encourages each user to set responsible limits and to self-exclude. Self exclusion is the process in which a person can request to be prohibited from the platform. Furthermore, we reserve the right to impose stricter limits on a user than they have imposed on themselves if it is deemed necessary.