This page explains the terms and conditions while visiting pages and resources from backtestingforex.com and all of its subdomains as well as when you are using software products developed or advertised by our website, especially the Backtesting Forex web app. We will call all these collectively, our Services. By using our services, you agree to the terms and conditions below.
We may update these Terms and Conditions in the future. The latest version is published on this page along with a mentioned of when it was last updated.
When you use our Services, now or in the future, you are agreeing to the latest Terms and Conditions. That's true for any of our existing and future products and all features that we add to our Website over time. There may be times where we do not exercise or enforce any right or provision of the Terms and Conditions; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If you violate any of the terms, we may terminate your account and/or disallow you to use our Services. We do our best to deserve your trust and the continuation of your business by keeping the website and its features updated and strive to have a great offering.
Account Terms
You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend users set up a strong password for added security and that they don't reuse the password on other websites.
You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
You must be a human. Accounts registered by "bots" or other automated or indirect methods are not permitted. Legal entities are not permitted to use our Services unless they are represented by a human who is authorized to accept the Terms and Conditions on their behalf.
The Service is provided AS IS, we make no warranties, express or implied, and hereby disclaim all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose.
Payment, Refunds, and Plan Changes
If you are using a free version of one of our Services, it is then free: we do not ask you for any payment methods and — just like for customers who pay for our Services — we do not sell your data.
For paid Services that we offer that have a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Services. If you do not pay, we will freeze your account and it will be inaccessible until you make the payment. If your account has been frozen, we reserve the right to cancel your account and remove your data and any other content that you may have created or generated that is linked to your account. We typically strive to keep your data and content for as long as we can, but we make no guarantee of it.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
To process payment, we may use one or more payment processors and we reserve the right to change them over time. Because different payment processors may support different payment methods, we also reserve the right to add, change or remove payment methods without notice. If your payment method becomes unsupported as a result of that, it will be your sole responsibility to ensure that a supported payment method is used otherwise a payment may be missed and your account may be cancelled.
Cancellation and Termination
You are solely responsible for properly cancelling your account.
The entirety of your content may be inaccessible from the Services immediately upon account cancellation. And as such, all content may be permanently deleted from active systems, logs and backups. We cannot recover this information once it has been permanently deleted.
We have the right to suspend or terminate your account and refuse any and all current or future use of our website for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the website to anyone for any reason at any time. We have this clause because it enables us to remove users and accounts from our website that we believe are causing damage to us or other users or that we classify their behaviour as unacceptable either to us or to other users of the website. Verbal, physical, written or other abuse (including threats of abuse or retribution) are just some examples of user behaviour that may result in immediate account termination.
We reserve the right to stop accepting new users or to stop allowing new user account creation on our Services. We reserve the right to stop providing the Services entirely and without notice.
Modifications to the Services and Prices
We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice. Sometimes we change the pricing structure for our services. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will aim to give you 30 days notice and will notify you either via the email address on record or post a notice about changes on our websites.
Early Access
Sometimes we choose to label the Service or parts of the Service with "Early Access" or a similar label. This means that the Service or parts of the Service are not yet fully developed and may contain bugs or other issues. We do not guarantee that the Service or parts of the Service will be developed further or that the issues will be fixed. We reserve the right to stop development of the Service or parts of the Service at any time.
We offer the "Early Access" as an opportunity for you to try it out and request that you continue to use it throughout the "Early Access" period and provide feedback as well as allow us to contact you for feedback. We reserve the right to terminate your access to the "Early Access" at any time.
Uptime, Security, and Privacy
Your use of the Services is at your sole risk. We provide the Services on an "as is" and "as available" basis. We do not offer service-level agreements and make no guarantees, but do take uptime of our Services seriously.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services.
We take many measures to protect and secure your data through backups, redundancies, and encryption, but taking any or all of these measures is done at our full discretion and we cannot be held responsible for failure to take such measures in any circumstances other than those required by applicable law.
When you use our Services, you entrust us with your data. We take that trust seriously. You agree that the Services may process your data as described in our Privacy Policy and for no other purpose. We may access your data directly and manually for reasons such as, but not limited to:
- To help you with support requests you make.
- On the rare occasions when an error occurs that stops an automated process partway through. When we can fix the issue and restart automated processing without looking at any personal data, we do.
- In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
- To safeguard the Services. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts.
- To the extent required by applicable law in the United Kingdom.
- We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
- For training purposes.
- These Terms and Conditions are governed by the applicable laws and, as such, the General Data Protection regulation ("GDPR") applies to your use of the Services.
Copyright and Content Ownership
All content posted on the Services must comply with U.K. copyright law.
We claim no intellectual property rights over the material you provide on our Services. All materials uploaded remain yours.
We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is created on our Services.
The names, look, the functionality, design or "feel" of the Services and all other content that is not directly created by our users are copyrighted material and we reserve all the rights to it. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, visual design elements, code, processes, functions or algorithms without our express written permission. You must request permission to use the Services' logos or other identification paradigms for promotional purposes. We reserve the right to rescind this permission at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission.
You agree not to use the Services in order to try to steal data from it or from other users. You agree not to try to damage the Services in any way though your intentional or accidental actions. You agree to report such occurrences when you notice other users engaging in such forbidden activities.
You must not modify another website or product so as to falsely imply that it is associated with these Services.
Features and Bugs
We design our Services with care, based on our own experience. However, there is no such thing as a Service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also aim to test all of our features before shipping them. As with any software, our Services inevitably have some bugs. We may track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Service.
Trading
While we provide tools for trading, we are not a financial advisor. We are not regulated by the Financial Conduct Authority or any other financial regulatory body and as such we are not authorized to give financial advice or to provide any financial services.
You must understand that trading is risky and you should only trade with money you can afford to lose. We are not responsible for any losses you may incur while using our Services or based on the information or data provided by our Services.
Furthermore, you must understand that past performance is not indicative of future results. Even with backtesting and other tools, the risk of loss in trading can be substantial. We are not responsible for any losses you may incur regardless of how of whether you use our Services.
Jurisdiction
By using our Services, you agree that exclusively the laws of England, United Kingdom will govern these Terms and Conditions and any dispute of any sort that might arise between you and us.
Last updated: 28 Oct 2024 00:00 UTC