Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Flock mobile application, the website at www.flockinvesting.com, and all related services (together, the “Service”). The Service is operated by Patrick Devoney, an individual sole proprietor based in the State of Florida, United States (“Flock,” “we,” “us,” or “our”).

By downloading, installing, accessing, creating an account on, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, you must not use the Service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to both you and that organization.

To use the Service, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into a binding contract.
• You are not barred from using the Service under the laws of the United States or any other applicable jurisdiction, and you are not located in, or a national or resident of, any country subject to U.S. embargo or designated as a terrorist-supporting country.
• You do not appear on any U.S. government list of prohibited or restricted parties.
• Your account has never previously been suspended or terminated by us for violating these Terms.
• All information you provide is accurate, current, and complete, and you will keep it accurate and current.

Flock is a social and educational platform on which users share investment decisions, discuss markets, form groups, maintain watchlists, and view information about their own portfolios. Flock also provides an AI assistant that answers general questions about finance and investing.

You must create an account to use most features. You may register using Sign in with Apple or Sign in with Google. You are responsible for:

• Maintaining the security of your account and the credentials and devices used to access it.
• All activity that occurs under your account, whether or not you authorized it.
• Notifying us immediately at hello@flockinvesting.com if you suspect unauthorized access.

You may not share your account, sell or transfer it, or allow another person to use it. You may not create an account using another person’s identity, or create a new account to evade a suspension or block.

5.1 Other users are not advisers

Content posted by other users is their personal opinion. Other users are not vetted, verified, credentialed, licensed, or endorsed by Flock. They may be inexperienced, they may be wrong, they may hold positions that conflict with what they post, and they may deliberately mislead you. Displayed track records, confidence ratings, and performance figures are self-reported or derived from imported brokerage data and may be inaccurate, incomplete, cherry-picked, or manipulated. Past performance is never a guarantee or reliable indicator of future results.

5.2 The AI assistant can be wrong

The AI assistant is powered by a third-party large language model. It can produce responses that are inaccurate, incomplete, outdated, biased, or entirely fabricated, including invented figures, quotations, and sources. Its output is not reviewed by a human before you see it. Never act on an AI response without independently verifying it against primary sources.

5.3 Market data may be delayed or wrong

Prices, quotes, charts, fundamentals, and other market data are obtained from third-party providers. This data may be delayed, interrupted, inaccurate, or unavailable, and it should not be relied upon for trading decisions or for determining the value of your holdings. We do not independently verify third-party data and are not liable for it.

5.4 Imported brokerage data may not match your brokerage

Positions and transactions imported from your brokerage may be delayed, incomplete, or inconsistent with your brokerage’s own records. Some brokerages do not report complete trade history, and in those cases the Service may generate estimated balance adjustments to reconcile the difference. Your brokerage’s records are always authoritative. Never rely on Flock for tax reporting, accounting, or a definitive statement of what you own.

5.5 You assume all investment risk

Investing in securities, cryptocurrencies, and other assets involves substantial risk, including the risk of losing your entire investment. Cryptocurrency in particular is highly volatile and may be largely unregulated. You are solely responsible for your own investment decisions and for any resulting gains or losses. You should consult a licensed financial adviser, broker, accountant, or attorney before making any investment decision.

Flock has zero tolerance for objectionable content and abusive behavior. These rules apply to everything you post, send, upload, or transmit through the Service.

6.1 Prohibited content

You may not post, share, or transmit content that:

• Harasses, bullies, threatens, intimidates, stalks, or targets any person, or encourages others to do so.
• Constitutes hate speech, or attacks or demeans a person or group on the basis of race, ethnicity, national origin, religion, disability, disease, age, sex, gender, gender identity, or sexual orientation.
• Is sexually explicit or pornographic, or sexualizes minors in any way. Content that sexually exploits children is reported to law enforcement and the National Center for Missing & Exploited Children.
• Depicts, promotes, or glorifies violence, self-harm, suicide, eating disorders, or terrorism.
• Is defamatory, libelous, obscene, or gratuitously offensive.
• Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person.
• Discloses another person’s private or personal information without their consent, including addresses, phone numbers, financial account details, or identification documents.
• Contains malware, viruses, or any code intended to damage or disrupt software or data.
• Is illegal, or promotes or facilitates any illegal activity.

6.2 Prohibited market conduct

Because Flock deals with investing, the following conduct is specifically prohibited and may also be a violation of federal securities law:

• Market manipulation, including “pump and dump” schemes, coordinated promotion intended to move a price, and spreading false or misleading information about an asset.
• Trading on or distributing material non-public information, including inside information about any issuer.
• Providing personalized investment advice for compensation, or holding yourself out as a registered investment adviser or broker-dealer without the required registration.
• Fraudulent solicitation, including offering securities, soliciting funds, running investment pools, promising returns, or recruiting for any pyramid or Ponzi scheme.
• Misrepresenting your track record, positions, credentials, professional qualifications, or affiliations.
• Paid promotion without disclosure, including undisclosed compensation for posting about an asset.

6.3 Prohibited technical conduct

You may not:

• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service, except where that restriction is prohibited by law.
• Scrape, crawl, harvest, or use automated means to extract data from the Service, or build any dataset, index, or competing product from it.
• Access the Service through automated scripts, bots, or any interface other than the official application, or circumvent rate limits, quotas, or access controls.
• Probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measure.
• Interfere with or disrupt the Service, overload our infrastructure, or attempt any denial-of-service attack.
• Use the Service to train, fine-tune, or evaluate any machine learning or AI model.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Send spam, chain messages, or unsolicited promotional material, or use the Service for unauthorized advertising.
• Attempt to access any account, data, or portion of the Service you are not authorized to access.
• Resell, sublicense, rent, or commercially exploit the Service without our written consent.

7.1 You own your content

You retain all ownership rights in the content you create and share on Flock — your posts, comments, messages, photos, and other material (“Your Content”). We do not claim ownership of it.

7.2 License you grant us

By submitting Your Content, you grant Flock a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, modify (for technical purposes such as reformatting and resizing), publish, publicly display, and distribute Your Content solely for the purpose of operating, providing, securing, and improving the Service, and to display it to the users and groups you have shared it with.

This license ends when you delete Your Content or your account, except that it survives to the extent Your Content has been shared with others who have not deleted it, and to the extent it persists in backups or in moderation records as described in our Privacy Policy.

7.3 Your representations

You represent and warrant that you own or have all necessary rights to Your Content, that it does not violate these Terms or any law, and that it does not infringe or misappropriate the rights of any third party.

7.4 We are not responsible for user content

Your Content and all other user content is the sole responsibility of the person who submitted it. We do not endorse, verify, or assume responsibility for any user content, and we make no representation about its accuracy or reliability. We are under no obligation to monitor user content, but we reserve the right to review, screen, edit, refuse, or remove any content at our sole discretion and without notice.

We are committed to keeping Flock free of objectionable content and abusive users. The Service provides the following tools, and we commit to the following process.

8.1 Reporting

Every post, comment, chat message, and user profile can be reported from within the app. Reports may include a reason and are delivered directly to us. Reports are confidential — the person you report is not told who reported them.

8.2 Blocking

You may block any user at any time from their profile or from any content they have posted. Blocking is mutual and immediate: you and the blocked user become invisible to one another across posts, comments, chat, group holdings, votes, and every other surface of the Service. You can review and manage your blocked list in settings.

8.3 Contacting us

You can always reach us about safety concerns, appeals, or anything else at hello@flockinvesting.com.

8.4 Enforcement actions

If we determine, in our sole discretion, that you have violated these Terms, we may take any action we consider appropriate, including issuing a warning, removing content, restricting features, suspending your account, permanently terminating your account, and reporting you to law enforcement or a regulator. We may take these actions without prior notice and without liability to you.

Flock lets you connect a brokerage or crypto exchange account through our third-party connectivity provider, in order to import your holdings and trade history. That provider is identified to you by name in the app before you enter any credentials.

• The connection is read-only. Flock cannot place orders, transfer funds, or withdraw assets.
• You enter your brokerage credentials directly with that provider or your brokerage. Flock never receives, sees, or stores your brokerage username or password.
• By connecting an account, you authorize us to retrieve your account positions and activity on a recurring basis, and you represent that you are the owner of that account and are permitted to connect it.
• Your relationship with your brokerage is governed entirely by your agreement with them. Connecting to Flock does not change it, and we are not a party to it.
• You may disconnect at any time from the brokerage connections screen in the app.
• We are not responsible for the availability, accuracy, or performance of that provider or of your brokerage, or for any loss arising from a failure, delay, or error in the connection.

The AI assistant is the private, one-on-one chat in which you ask Flock questions about markets and investing. It is provided as a convenience, subject to Section 5.2 and the following:

• The messages you send to the AI assistant are processed by a third-party AI provider. If you enable portfolio context, detailed information about your holdings and transactions is sent to that provider along with your question. See our Privacy Policy for exactly what is transmitted.
• Usage is subject to fair-use rate limits, which we may change or enforce at any time.
• You may not use the assistant to generate unlawful, harmful, or infringing content, to attempt to extract its underlying prompts or model, or to circumvent its topical restrictions.
• We make no warranty regarding the accuracy, completeness, or usefulness of any AI output, and we are not liable for any decision you make in reliance on it.

The Service — including its software, source code, design, user interface, layout, graphics, text, the Flock name and logo, and all other content we provide — is owned by Flock or its licensors and is protected by copyright, trademark, trade dress, and other intellectual property laws.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the application on a device you own or control, solely for your personal, non-commercial use. All rights not expressly granted are reserved.

You may not use the Flock name, logo, or branding without our prior written permission.

Copyright complaints

If you believe content on Flock infringes your copyright, send a notice to hello@flockinvesting.com including: your physical or electronic signature; identification of the work you claim is infringed; identification of the material you claim is infringing and where it is located; your contact information; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf. We respond to valid notices under the Digital Millennium Copyright Act and terminate repeat infringers.

Feedback

If you send us suggestions or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use it for any purpose without any obligation or compensation to you.

The Service integrates and links to third-party services, including brokerages, our brokerage-connectivity provider, our AI provider, market data providers, embedded charts, and websites cited in AI responses. We do not control these services, do not endorse them, and are not responsible for their content, accuracy, availability, practices, or any harm arising from your use of them. Your use of a third-party service is governed by that party’s own terms and privacy policy.

Flock is currently offered free of charge. We reserve the right to introduce paid features, subscriptions, or fees in the future. If we do, we will give you notice and an opportunity to decline before any charge applies to you. Any purchase made through the Apple App Store or Google Play is also subject to that store’s terms.

We may modify, suspend, or discontinue any part of the Service — including any feature, group, or integration — at any time, with or without notice, and without liability to you.

You may terminate this agreement at any time by deleting your account from within the app.

We may suspend or terminate your account and access to the Service immediately, at our sole discretion, with or without notice and without liability, if we believe you have violated these Terms, if your conduct may harm Flock or other users, if required by law, or if we discontinue the Service.

On termination, your right to use the Service ends immediately. Sections 5, 7.2, 7.3, 11, 15, 16, 17, 18, 19, and 21 survive termination, along with any other provision that by its nature should survive.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In that case, our warranties are limited to the minimum extent permitted by law.

These limitations apply even if a limited remedy fails of its essential purpose, and they reflect an agreed allocation of risk that forms an essential basis of the bargain between us. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

You agree to defend, indemnify, and hold harmless Flock, Patrick Devoney, and our affiliates, contractors, and service providers from and against any claim, demand, action, liability, damage, loss, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of or access to the Service;
• Your Content, or any content you submit, post, or transmit;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any right of a third party, including intellectual property rights;
• Any investment decision you make or any dispute with another user;
• Your connection of a brokerage account or any dispute with your brokerage.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.

18.1 Informal resolution first

Before filing any claim, you agree to try to resolve the dispute informally by emailing us at hello@flockinvesting.com with a description of the dispute and the relief you seek. We will do the same. If the dispute is not resolved within 60 days, either party may proceed under Section 18.2.

18.2 Binding arbitration

Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Florida, or by videoconference or on written submissions at your election. The arbitrator’s decision is final and may be entered as a judgment in any court of competent jurisdiction.

18.3 Class action waiver

You and Flock agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim alone will proceed in court and all other claims remain in arbitration.

18.4 Your right to opt out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing hello@flockinvesting.com with the subject line “Arbitration Opt-Out” and including your name and the email address on your account. Opting out does not affect any other part of these Terms, and we will not retaliate against you for opting out.

18.5 Exceptions

Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property rights.

18.6 Time limit

Any claim relating to the Service must be brought within one (1) year after it arises, or it is permanently barred, except where a longer period is required by applicable law.

These Terms and any dispute arising from them are governed by the laws of the State of Florida, United States, without regard to its conflict of laws principles, and by the Federal Arbitration Act with respect to Section 18. Subject to Section 18, you and Flock consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida.

The Service is controlled and operated from the United States. If you access it from elsewhere, you do so on your own initiative and are responsible for compliance with your local law.

If you downloaded the Flock application from the Apple App Store, the following applies and controls over any inconsistent provision in these Terms:

• These Terms are between you and Flock only, not with Apple. Apple is not responsible for the application or its content.
• Apple has no obligation to furnish any maintenance or support for the application.
• If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund your purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever.
• Apple is not responsible for addressing any claim by you or a third party relating to the application, including product liability claims, claims that the application fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the application infringes intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right to enforce them against you.

Changes to these Terms

We may modify these Terms at any time. When we do, we will update the “Last updated” date above, and for material changes we will provide additional notice in the app or by email before they take effect. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service and delete your account.

Entire agreement

These Terms and the Privacy Policy are the entire agreement between you and Flock regarding the Service, and supersede all prior agreements and understandings.

Severability

If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions remain in full force.

No waiver

Our failure to enforce any provision is not a waiver of our right to do so later. No waiver is effective unless in writing and signed by us.

Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, power or internet failures, and failures of third-party providers.

Relationship

Nothing in these Terms creates any partnership, joint venture, employment, agency, or fiduciary relationship between you and Flock.

Notices

We may provide notices to you in the app, by push notification, or by email at the address associated with your account. You may send notices to us at hello@flockinvesting.com.

Questions about these Terms, safety concerns, or anything else — reach us at hello@flockinvesting.com. We aim to respond within a few business days, and within 24 hours for reports of objectionable content.

See also our Privacy Policy.