Registration
This User Agreement between Authorized User ("You") and BigShort, Inc. (www.bigshort.com) ("the Site") and any of our Site affiliates, agencies, sponsors, licensees, content partners, marketing affiliates, resellers, or contractors (collectively the "BigShort Parties", "BigShort", "We", or "Us") governs your use of these information services and websites (collectively, the "Tools"), including any document, content, services, functions or features accessible on or through the Site (the "Products" or "Service"). Your use of the Site and the Tools is subject to the terms and conditions hereof.
By using the Site or any other website owned, operated, licensed, or controlled by Us, you agree to be bound by the terms of this User Agreement. Other provisions that govern your use of the Site may be set forth in online notices appearing in connection with certain Products (collectively, the "Additional Terms"), all of which are incorporated by reference into this User Agreement.
By registering for or using this Site, the User accepts all of these terms (the "Terms of Service"). Use of this Site will constitute the User's acceptance of all of such Terms of Service.
The Terms of Service for your continued use of this Site will be available at https://app.bigshort.com/terms/ and accessible from your Account Profile page. Changes to the Terms of Service posted on the Site is effective notice to the User of the change in such terms and conditions. Your continued use of the Site after such changes will signify your acceptance of the change.
0. Definitions
For purposes of these Terms of Service, the following terms have the meanings set forth below:
- "BigShort Parties" means BigShort, Inc., its parents, subsidiaries, and affiliates, and each of their respective officers, directors, members, managers, employees, agents, contractors, attorneys, content partners, data providers, marketing affiliates, resellers, and any individual or entity engaged by BigShort to promote, sell, distribute, or support the Service.
- "Service", "Site", "Products", "Tools" have the meanings given in the Registration section above and are used interchangeably to refer to the BigShort platform, website, mobile and web applications, related APIs, and community resources (including the BigShort Discord server).
- "You", "Your", "User" means the individual or entity who has registered for or otherwise accesses the Service.
1. Eligibility for a Non-Professional Trader Account
BigShort is required by certain market data exchanges and regulations to restrict access to certain market data segments. To sign up for a Non-Professional Trader Account ("Non-Pro Account") on BigShort, you must be a non-professional trader as defined by the applicable laws and regulations.
The first time you access a data feed within the BigShort platform that requires entitlement, you will be presented with a digital form to complete in order to verify your non-professional trader status. Final determinations as to who may or may not be entitled to any third-party data feeds rest with the provider of the data and are subject to their terms of service, rules, and regulations.
A) Data verification for non-professional trader status
In order to comply with our data providers' requirements and verify your eligibility as a non-professional trader, you hereby consent to provide the following information before gaining access to live data:
- Your full legal name and address — used to verify your identity and confirm your status as an individual user.
- Your company's name (if applicable) and address — necessary for determining your association with an entity that is not engaged in professional trading activities.
- Your job title — assists in understanding your relationship with your employer and whether your trading activity is for personal, non-commercial purposes.
B) Professional traders and Pro Accounts
If you are a professional trader, defined as someone who engages in trading as a profession, occupation, or business activity, you are not eligible to sign up for a Non-Pro Account. Instead, you must register for a Professional Trader Account ("Pro Account").
C) Accurate and current information
You are responsible for providing accurate and up-to-date information during the registration process. Any changes to the provided information after registration must be promptly communicated to us to ensure the continued validity of your non-professional trader status.
D) Confidentiality and data security
We treat the information provided during registration in accordance with our Privacy Policy. Your personal data will be processed and stored securely, and only accessible to authorized personnel who need to verify your non-professional trader status.
E) Compliance and account suspension
By providing the requested information and registering for a Non-Professional Trader Account, you acknowledge that we may share the information with our data providers solely for the purpose of verifying your non-professional trader status. Any misrepresentation of your trader status may result in the suspension or termination of your Account and no refunds will be issued.
You agree to provide BigShort with accurate information when setting up your account, during our relationship, and when corresponding with us. We may need to communicate with you by email or telephone about the Services. You agree to maintain a working email address that is regularly monitored and to promptly inform us of any changes to your email address or phone number.
2. Subscription fees
You agree to pay the predetermined subscription fee for your use of the Site. You agree to make all payments associated with your account and in consideration for your access to the Site and Products. Your initial payment will occur at the time of registration and recurring subscription payments will be charged thereafter. We reserve the right to change the fees or applicable charges, or to institute new charges and fees, upon thirty (30) days prior notice to You.
3. Indemnification & compliance
You represent, covenant, and warrant that You will use the Site and the Products for the informational purposes for which they are intended. You agree not to use the Platform in any way or for any purpose that would violate, or have the effect of violating, any applicable laws, rules, or regulations or any third-party rights, including, without limitation, any law or regulation governing public securities, markets, and trading.
You hereby agree to indemnify, defend, and hold harmless the BigShort Parties from and against any damages, losses, liabilities, settlements, costs, and expenses (including reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of the Site and Products.
4. No account sharing; no redistribution of data
You agree not to share access to your account and not to redistribute any data you receive through your use of the Site or Products.
A) No copying or commercial use
You may not copy, modify, scrape, reproduce, republish, distribute, transmit, or use the Site or the Products for commercial or other purposes, except to the extent required for you to use the Site and the Products in the manner expressly provided herein.
B) No password sharing
You may NOT share your password with anyone.
C) Account lockouts
Our security system checks for simultaneous logins from multiple locations. If it is found that you are sharing your account, our system will auto-lock your account for up to a 24-hour period as required by our data provider agreements. You understand this and agree not to share access to your account.
D) No automated extraction
You may not utilize automated systems or software to extract data from the Site. You may not scrape or extract data from the Site for use in any external applications including but not limited to Discord, Slack, X (formerly Twitter), or any successor platform. If You are determined to be violating these terms, your account will be banned without notice and no refunds will be issued.
5. Copyright; limited license
This Site and all of its contents are copyrighted. The viewer of this Site is given a limited license to use its contents for personal use only.
This Site and all its contents are made available to you with the agreement that you will not copy or reproduce the contents of this Site, except for your own personal use, in any form, and that you will not sell, lease, loan, or otherwise make them available to third parties without the express written permission of BigShort.
All content, materials, and information provided on the Site, including text, graphics, logos, images, videos, and software, are protected by intellectual property laws and are the exclusive property of BigShort, Inc. or its licensors. You are granted a limited, non-transferable, and non-exclusive right to access and use the content solely for your personal and non-commercial use. You agree not to reproduce, distribute, modify, display, or create derivative works based on the content without the express written permission of BigShort, Inc.
6. Digital goods (no refund policy)
A) All sales final
Because services are non-tangible, irrevocable, digital goods, we do not issue refunds, which you are solely responsible for understanding. During checkout, upon clicking the final submit button, your purchase is charged to the credit/debit card that you supplied. All sales are final.
B) No purchase cancellations
You cannot cancel a purchase or receive a refund for a purchase. You can cancel future recurring subscription payments at any time from your Account Settings page. Any payments that have already been processed are non-refundable.
C) Trial billing
If you are under a trial period, you will be billed at the end of your trial unless canceled.
D) Cancellation
You can cancel future recurring subscription payments at any time from your Account Settings page under the Subscription tab. Terminating your account disables future automatic renewal. It does not change the status of any past or current invoices. All previous payments are non-refundable. All invoices currently due must be paid to settle the account. You will continue to have access to BigShort until the expiration of your prepaid time period or trial period.
E) Chargebacks — recovery fee
If you initiate a chargeback or payment dispute for a transaction that BigShort, in good faith and based on its investigation, determines to be valid (i.e., not the result of fraud or unauthorized use of your payment method), you agree to pay BigShort a chargeback recovery fee of $150 per disputed transaction, in addition to the original transaction amount. This fee is intended as a reasonable approximation of BigShort's costs of investigating, responding to, and processing the dispute, and is not intended as a penalty. To the extent applicable law caps such recovery, the fee will be reduced to the maximum permitted amount.
F) Auto-renewal disclosure
All paid plans automatically renew at the end of the billing cycle until canceled. By subscribing, you (i) authorize BigShort to charge your payment method on file at the start of each renewal term at the then-current renewal rate, (ii) acknowledge that the subscription will continue until canceled by you, and (iii) acknowledge that you may cancel at any time from your Account Settings page or by emailing [email protected].
To avoid being charged for the next renewal term, you must cancel at least 24 hours prior to your renewal date. For California residents and residents of other states with applicable automatic renewal statutes, BigShort will provide reminders and cancellation methods consistent with those statutes.
7. Accurate registration information
You agree that the information you have provided upon account registration is accurate and correct to the best of your knowledge.
A) Accurate identity required
You represent and warrant that all information you provide to BigShort, including your name, contact information, billing information, payment credentials, and any information submitted to third-party exchanges or data providers through the platform, is true, accurate, current, and belongs to you.
B) No impersonation or unauthorized payment use
You may not impersonate any person or entity, misrepresent your identity, use aliases intended to conceal your identity, or use payment methods, credit cards, prepaid cards, virtual cards, or financial accounts that you do not own or are not expressly authorized to use.
C) Name matching requirement
The name associated with the payment method used to purchase or subscribe to BigShort must reasonably match the name of the individual or entity accessing and using the platform and the name provided to any integrated exchanges, brokers, or data providers. If BigShort determines, in its sole discretion, that the payment method does not reasonably correspond to the account holder's identity, BigShort may immediately suspend or terminate the account without notice and without refund.
D) Account evasion and re-registration prohibited
You may not create or attempt to create a new account to circumvent account suspension, termination, restrictions, or enforcement actions imposed by BigShort. This includes, without limitation, registering under a different name, email address, payment method, prepaid or virtual card, device, IP address, network, or through any third party. Any attempt to evade enforcement constitutes a material breach of these Terms.
E) Verification and disclosure
BigShort may verify user identity and account information at any time and may provide accurate identity, billing, and usage information to payment processors, exchanges, data providers, regulators, or other third parties in the ordinary course of business or in connection with disputes, audits, investigations, or legal or contractual obligations.
F) Disputes and chargebacks
In the event of a payment dispute, chargeback, or claim of fraud, BigShort reserves the right to contest such claims by submitting relevant account information, including identity records, billing data, login and usage activity, device or IP information, and communications demonstrating authorized use.
G) Enforcement
Any violation of this section constitutes a material breach of these Terms and may result in immediate account suspension or termination, denial of refunds, forfeiture of access to the platform, and cooperation with payment processors or other third parties in connection with disputes or investigations.
8. Subject to this agreement
You understand that your use of the Site will always be subject to and pursuant to this Agreement. You may review this Agreement at any time at https://bigshort.com/terms/ or by accessing it from your Account Profile page.
9. No trial or payment system abuse
You are entitled to ONE trial period. Our system automatically checks if you have already signed up for a trial. If it is found that you are abusing the trial system, your trial period will be removed from future accounts and will be transitioned to a normal non-trial account.
10. No external premium data on message boards
You agree not to solicit, promote, or share external premium data within our message boards.
- You may not share or promote your own for-profit, paid, or non-public services or websites that you are affiliated with.
- You may not share premium (paid) data from external sources including screenshots, non-public links, documents, or copyrighted material which you don't solely own, have permission to, or are licensed to redistribute.
- You may not promote, share, spam, discuss, or suggest the use of competing services within the chat room.
11. Discord chat; code of conduct
You understand that the use of our chat room is a revocable privilege and subject to the BigShort Chat Code of Conduct. We reserve the right to ban any user from participating in our chat room that violates the Chat rules. Chat rules can be viewed at any time from the "rules" channel in Discord.
You agree to adhere to the Chat Code of Conduct and promote a positive, professional, and team-oriented atmosphere.
12. Privacy
We respect your privacy rights. We will not sell or distribute your email address or other information without your express consent. Only the BigShort Parties are entitled to your information.
BigShort's collection and use of personal information is described in our Privacy Policy at https://bigshort.com/privacy. If you are a resident of California, the European Economic Area, the United Kingdom, or another jurisdiction with applicable data-protection laws, the Privacy Policy describes the rights you may have, including rights to access, correct, delete, or restrict the processing of your personal data, and how to exercise those rights.
13. Copyright; proprietary data; use provisions
Neither BigShort nor any individual or organization that may be a source of content distributed through the Site makes any warranty as to the timeliness and accuracy of the information. The Products are provided for informational purposes only and do not constitute investment advice. Access to, transmission or receipt of, or reliance upon, content from the Site does not create, and is not intended to create, an investor-broker relationship between you or any other person or any Content Partner.
Except for the license granted in this User Agreement, all right, title, and interest in the Site and the Tools (including all trademarks, copyrights, and other intellectual property rights), in all languages, formats, and media throughout the world, are and will continue to be the exclusive property of BigShort and/or its content partners.
14. Revocation
At our sole discretion, we reserve the right to revoke a user's membership without prior notice or justification. Such revocation may occur if the user is found to be in violation of our terms and conditions, engages in any activity that poses a threat to the security, integrity, or reputation of our platform, or otherwise behaves in a manner that we deem inappropriate or harmful to our community. BigShort reserves the right to terminate or suspend your access to the Tools at any time, for any reason, with or without notice. In the event of membership revocation, the user will be denied access to our services and all associated benefits. The BigShort Parties shall not be held liable for any losses or damages incurred as a result of the membership revocation. Except as specifically required by applicable law, no refunds will be issued.
15. No representations or warranties
BigShort shall use reasonable efforts consistent with prevailing industry standards to maintain the Site and Products in a manner which minimizes errors and interruptions. The Site may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by BigShort or by third-party providers, or because of causes beyond BigShort's reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by email of any unscheduled service disruption. However, We do not warrant that the Site and Products will be uninterrupted or error-free.
None of the BigShort Parties makes any warranty or representation that the Information is accurate and timely. You understand that use of the Site and of the Products is undertaken at your own risk. None of the BigShort Parties assumes any liability for the use or interpretation of any Product. The Site and the Products are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, either expressed or implied, including, but not limited to, implied warranties with respect to performance, merchantability, fitness for a particular purpose, non-infringement of third-party rights, accuracy, omissions, completeness, currentness, or timeliness.
16. Limitation of liability
In no event will the BigShort Parties be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including any lost profits, lost data, or lost trading opportunities, arising from your use of the Website or any of the content or other materials on, accessed through, or downloaded from the Website, even if any of the BigShort Parties is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary herein, the total aggregate liability of the BigShort Parties to you for any and all claims arising out of or relating to the Service or these Terms, regardless of the form of action or theory of liability, will not exceed the greater of (a) the total fees paid by you to BigShort in the twelve (12) months immediately preceding the event giving rise to the claim or (b) one hundred U.S. dollars (US$100). If no fees are paid to BigShort for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law.
Certain state or country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
17. Disclaimer
There is a high degree of risk involved in trading stocks and options. Past results are not indicative of future returns. BigShort, Inc. is not a registered investment advisor nor is licensed as such with any federal or state regulatory agency. BigShort does not manage client assets in any way. Information provided and opinions expressed on the Website do not constitute investment advice. Any and all ideas expressed, research, tutorials, and instructional resources are for educational purposes only.
The platform includes certain features that are designed to alert You when a specific event occurs. These alert features, including (but not limited to) "Spodin", are provided as-is and without warranty or guarantee. Alerts may be delayed due to technical factors. You should not depend entirely on BigShort alerts. BigShort explicitly disclaims any and all liability resulting from the use of any alert features inside of the platform.
We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with Michael Burry, Michael Lewis, or the book "The Big Short", or any of its subsidiaries or affiliates.
18. DMCA / copyright infringement
BigShort respects the intellectual property rights of others. If you believe that any content on the Service infringes a copyright that you own or control, you may submit a notice under the Digital Millennium Copyright Act ("DMCA") to BigShort's Designated Agent. The notice must include the information required by 17 U.S.C. § 512(c)(3), including:
- A physical or electronic signature of the copyright owner or authorized agent.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material claimed to be infringing and information sufficient to locate it.
- Your contact information (address, telephone number, email).
- A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or are authorized to act on behalf of the owner.
Send DMCA notices to: BigShort, Inc., DMCA Agent, Vancouver, WA, USA — [email protected].
19. Mandatory arbitration & class action waiver
A) Binding arbitration
You and BigShort agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be settled by binding arbitration in Vancouver, Washington, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. This clause prevents you from suing in court or having a jury trial, except that either party may seek injunctive or other equitable relief in court for intellectual-property infringement or misuse of confidential information.
B) Class action waiver
You and BigShort 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 or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
C) Severability of class action waiver
If the Class Action Waiver in subsection (B) is held to be unenforceable as to any particular claim or remedy (such as an inability to waive the right to seek public injunctive relief in California), then that claim or remedy (and only that claim or remedy) shall be severed and brought in a court of competent jurisdiction, while all remaining claims shall continue to be resolved in arbitration.
D) 6-month time limit to file
To the fullest extent permitted by applicable law, you agree that any claim or cause of action arising out of or related to the use of the Site or Products must be filed within six (6) months after such claim or cause of action arises or be forever barred.
E) Attorneys' fees
In the event that any party institutes any legal suit, action, or proceeding (including arbitration) against the other party arising out of or relating to these Terms, the prevailing party shall be entitled to receive, in addition to all other damages, the costs incurred in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses.
20. Prohibition on AI training & data mining
You are strictly prohibited from using any data, signals, text, or content obtained from the Site or the Discord server to train, supplement, or "fine-tune" any artificial intelligence models, large language models (LLMs), or machine learning algorithms. Unauthorized use of BigShort proprietary data for AI development constitutes a material breach and will result in immediate termination of access and potential legal action for intellectual-property infringement.
21. Third-party platform dependency (Discord)
BigShort utilizes Discord, Inc. as a third-party service provider for community interaction and signal delivery. You acknowledge that:
- Your use of the Discord server is subject to Discord's own Terms of Service and Privacy Policy.
- BigShort is not liable for Discord service interruptions, technical failures, or account actions (bans/mutes) taken by Discord's automated systems or staff.
- Breach of the BigShort Discord Code of Conduct resulting in a server ban is considered a material breach of these Terms. No refunds, partial or full, will be issued for remaining subscription time following such a ban, except where required by applicable law.
- If BigShort terminates a Discord account in error and the error is reported within 14 days, BigShort will, at its discretion, either (i) restore Discord access or (ii) provide a pro-rata refund for the unused portion of the affected billing period.
22. Hypothetical performance & algorithmic limitations
A) No guarantee of results
The signals provided by the Tools are generated by mathematical algorithms based on historical and real-time data. They are not a guarantee of future performance.
B) Standard disclaimer
Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Since the trades have not been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. BigShort makes no representation that any account will or is likely to achieve profits or losses similar to those shown.
23. Governing law & jurisdiction
The parties agree that all disputes shall be brought before U.S. District Court for Washington located in Vancouver, Clark County, Washington ("District Court"). If the District Court may not consider the dispute, all disputes shall be brought before the appropriate Washington court located in Clark County, Washington. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of these Terms or any other document entered into by the parties. State law issues concerning construction, interpretation, and performance of these Terms shall be governed by the substantive law of the State of Washington, excluding its choice-of-law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.
24. Assignment
You may not assign or transfer these Terms or any rights or obligations under these Terms, in whole or in part, without BigShort's prior written consent. Any attempted assignment without such consent is void. BigShort may assign these Terms in whole or in part, including to any affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without notice or consent. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.
25. Notices
BigShort may provide notices to you by email to the address associated with your account, by posting on the Service, or by other reasonable means. You consent to receive electronic communications from BigShort, and you agree that all electronic communications satisfy any legal requirement that such communications be in writing. Notices to BigShort must be sent to: BigShort, Inc., Vancouver, WA, USA — [email protected].
26. Force majeure
Neither party will be liable for any failure or delay in performance under these Terms (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications outages, third-party service disruptions, market data feed disruptions, exchange outages, or pandemics. The affected party will use reasonable efforts to resume performance as soon as practicable.
27. Entire agreement; order of precedence
These Terms, together with the Privacy Policy and any Additional Terms incorporated by reference, constitute the entire agreement between you and BigShort regarding the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties on the subject. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to the Product they govern, to the extent of the conflict.
28. California consumer notices
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
California residents may also have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including rights to know, delete, correct, and opt out of certain processing of personal information. Please refer to the Privacy Policy at https://bigshort.com/privacy for details.
29. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Class Action Waiver and the limitations period in Section 19 are subject to the specific severability rules set forth in that Section.