Terms of Service

Version 1.0.0. Effective from [EFFECTIVE DATE].

These Terms of Service (the "Terms") govern your use of Backtest, the historical trading simulator available at https://backtest.trading (the "Service"). They are also the rules for providing services by electronic means (regulamin) required by the Polish Act of 18 July 2002 on Providing Services by Electronic Means.

You are asked to accept these Terms when you first sign in. You can use the Service only if you accept them. Please read them together with our Privacy Notice, which explains how we handle your personal data.

1. Who we are and how to contact us

1.1. The Service is provided by [OPERATOR NAME], [OPERATOR ADDRESS], [REGISTRATION DETAILS] ("we", "us", "our").

1.2. You can contact us at office@backtest.trading. This address is also our single point of contact for users and for public authorities under Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act). You can write to us in English or Polish.

2. What the Service is, and what it is not

2.1. What it does. The Service lets you replay historical market prices one candle at a time, place simulated orders against them, save your practice sessions and review the results and statistics of the runs you complete.

2.2. It is a simulation. No real money is used, no real order is placed, and nothing is sent to a broker, exchange or other trading venue. Balances, positions and results in the Service are virtual. They have no monetary value and cannot be withdrawn, transferred or exchanged for anything.

2.3. It is not advice. Nothing in the Service is investment, financial, tax or legal advice, a recommendation, or an offer or invitation to buy or sell any financial instrument. We are not an investment firm, broker or investment adviser, and we are not authorised or supervised by the Polish Financial Supervision Authority (KNF) or any other financial regulator. Statistics such as win rate, expectancy, profit factor or drawdown describe your simulated decisions only. They do not rate you, an instrument or a strategy.

2.4. Simulated results have limits. Simulated results are not actual trading results. They are produced with the benefit of replay, without real financial risk and without the pressure of real trading, and they cannot fully reflect liquidity, slippage, spreads, commissions, financing costs, partial fills, price gaps or the effect of your own orders on the market. Past performance, simulated or real, does not indicate future results. Trading financial instruments, especially leveraged products such as foreign exchange and contracts for difference, carries a high risk of losing money. Do not base real trading decisions on the Service alone.

2.5. Market data. Historical prices in the Service come from third-party data providers ("Market Data"). Market Data can contain errors, gaps or delays, and the Service converts it, for example into candles of a fixed length or onto a trading calendar. Market Data is made available for viewing within the Service only.

3. Your account

3.1. Eligibility. You must be at least 18 years old and have full legal capacity to use the Service.

3.2. Signing in. You can sign in with a Google account, with a one-time code sent to your email address, or with a passkey you have added to your account. You are responsible for keeping your email account, your Google account and the devices holding your passkeys secure. Tell us at office@backtest.trading without delay if you believe someone else has used your account.

3.3. One person, one account. An account is for one person. Do not share it, and do not open more than one account to get around a limit of the Service.

3.4. Accurate details. Use an email address that you control and can receive messages at.

4. Technical requirements and risks

4.1. To use the Service you need:

• a device connected to the internet;
• a current version of Google Chrome, Microsoft Edge, Mozilla Firefox or Apple Safari, with JavaScript and cookies enabled;
• a Google account or an email address; and
• to use a passkey, a device or password manager that supports passkeys.

The Service is designed for desktop screens. Some features may be limited on smaller screens.

4.2. Using any service over the internet carries risks, such as malicious software, phishing and interception of data. We will never ask you for a sign-in code by email or telephone. Keep your browser and operating system up to date, and only enter sign-in codes on https://backtest.trading.

5. Your agreement with us

5.1. When it starts. The agreement between you and us starts when you accept these Terms in the Service, and it continues for an indefinite period until it is ended under section 11.

5.2. Price. The Service is currently free of charge. Free use is subject to the limits shown in the Service, such as the number of sessions you can have open at once. If we offer paid features in the future, we will show you their price and terms before you order them, and you will not be charged without your express agreement.

5.3. Right of withdrawal. If you are a consumer, you may withdraw from the agreement within 14 days of its start without giving any reason and at no cost, by telling us at office@backtest.trading. You may also end the agreement at any time after that under section 11.1.

6. Your sessions and content

6.1. Your content. "Your Content" means what you enter into the Service: session names, starting balances, orders, settings and similar inputs, and the records the Service creates from them, such as completed runs and their results. You keep any rights you have in Your Content. You give us a non-exclusive, royalty-free licence to store, copy, process and display Your Content, for as long as we hold it, only as needed to provide, secure and support the Service for you.

6.2. What not to enter. Session names are for your own use. Do not enter personal data about other people, or sensitive information about yourself, into them. You must not provide content that is unlawful.

6.3. Trash and deletion. You can move a session to Trash, restore it, or delete it forever. A session in Trash that holds no completed run is deleted automatically 30 days after it was moved there. A session in Trash that holds a completed run stays there until you delete it forever, so that its results are not removed without your decision. Deleting forever cannot be undone.

6.4. Completed runs. When you complete a run, its result is recorded as it stands and is not changed afterwards. Statistics in the Service are calculated from these records.

6.5. Keep your own records. We take care to keep Your Content safe, but the Service is a practice tool, not a storage service. Keep your own copy of anything you need.

7. Acceptable use

7.1. You must use the Service lawfully, in line with these Terms and with good practice. In particular, you must not:

1. copy, download, scrape, extract, export, publish, redistribute or sell Market Data, or use it to build a dataset, train a model or supply anyone else;
2. access the Service with bots, scripts, crawlers or other automated means, other than ordinary use of a web browser;
3. get around a limit, access control or security measure of the Service, including its bot protection;
4. probe, scan or test the Service for vulnerabilities without our written permission. Please report any security issue you find to office@backtest.trading;
5. interfere with or overload the Service, or try to gain access to another user's account or data;
6. decompile or reverse engineer the Service, except to the extent the law allows this despite this restriction;
7. impersonate anyone, or use the Service to infringe anyone's rights; or
8. provide unlawful content.

7.2. If we receive a notice that content stored in the Service is unlawful, or we become aware of it, we may remove it or restrict access to it. We will tell you what we did and why, and you may reply to us at office@backtest.trading.

8. Intellectual property

8.1. The Service, including its software, design, text and the name "Backtest", belongs to us or our licensors. Subject to these Terms, we give you a personal, non-exclusive, non-transferable licence to use the Service for its intended purpose for as long as the agreement lasts.

8.2. Market Data belongs to its providers. These Terms give you no right to it other than to view it within the Service.

8.3. If you send us feedback or suggestions, we may use them without any obligation to you.

9. Availability and changes to the Service

9.1. We aim to keep the Service available and working, but we do not promise that it will be uninterrupted or free of errors. We may suspend it briefly for maintenance, updates or security reasons, where possible at times of low use.

9.2. We may change, add or remove features. If we remove a feature that is essential to how you use the Service, or if we decide to discontinue the Service, we will tell you at least 30 days in advance by email or in the Service. You can then ask us for a copy of Your Content.

10. Liability

10.1. Consumers. If you use the Service as a consumer, we are liable to you in accordance with generally applicable law. Nothing in these Terms excludes or limits rights that the law gives you and that cannot be excluded or limited by agreement.

10.2. Business users. If you use the Service for purposes related to your business or profession and you are not treated as a consumer by law:

1. we are not liable for lost profits, lost revenue or lost data;
2. our total liability to you under the agreement is limited to EUR 100; and
3. these limits do not apply to damage we cause intentionally or through gross negligence.

10.3. Your trading decisions. The Service does not provide advice (section 2.3). Decisions you make in real trading are yours alone, and we are not responsible for them, whatever you learned or concluded in the Service.

11. Ending the agreement and suspension

11.1. By you. You may end the agreement at any time and at no cost by stopping your use of the Service and asking us to delete your account at office@backtest.trading, from the email address of your account. We will then delete your account and Your Content as described in our Privacy Notice.

11.2. By us, with notice. We may end the agreement by giving you at least 30 days' notice by email.

11.3. By us, for a breach. If you seriously or repeatedly breach these Terms, in particular sections 7 or 3.3, we may suspend your access or end the agreement with immediate effect. Unless the breach makes this inappropriate, for example because it threatens the security of the Service or other users, we will first ask you to stop. We will tell you our reasons, and you may reply to us at office@backtest.trading.

11.4. What happens next. When the agreement ends, your access to the Service ends and we delete your account and Your Content as described in our Privacy Notice. Sections 2.3, 2.4, 8, 10, 12 and 14 continue to apply.

12. Complaints

12.1. You can make a complaint about the Service by email to office@backtest.trading. Please give the email address of your account, a description of the problem, and what you would like us to do.

12.2. We will reply by email within 14 days of receiving your complaint.

12.3. If you are a consumer, you can also get free help from a municipal or district consumer ombudsman (miejski or powiatowy rzecznik konsumentów) or a Provincial Inspectorate of Trade Inspection, and information on consumer rights is available from the Polish Office of Competition and Consumer Protection at https://prawakonsumenta.uokik.gov.pl. If you live in another country of the European Union, the European Consumer Centre in your country can help. If your complaint is not resolved, we will tell you on a durable medium whether we agree to take part in an out-of-court dispute resolution procedure.

13. Changes to these Terms

13.1. We may change these Terms for good reason, such as a change in the law, a decision of a court or authority, a change to the Service, or a need to improve security or to prevent abuse.

13.2. Each change is published as a new version with its own number and effective date. We will tell you about it by email and in the Service at least 14 days before it takes effect, unless a shorter period is required by law or by a decision of an authority.

13.3. The Service will ask you to accept the new version the next time you use it after the effective date. If you do not accept it, you can end the agreement under section 11.1, and you cannot continue to use your account until you accept it. We keep every earlier version and will send you a copy on request.

14. Law and courts

14.1. These Terms and the agreement are governed by Polish law. If you are a consumer whose habitual residence is in another country of the European Union or the European Economic Area, this choice does not deprive you of the protection given to you by the mandatory provisions of the law of that country.

14.2. Disputes will be decided by the competent common courts of Poland. If you are a consumer, you may also bring proceedings in the courts of the country where you live, and we may bring proceedings against you only there. If you are not a consumer, disputes will be decided by the court competent for our registered address.

15. Final provisions

15.1. These Terms and the Privacy Notice are the whole agreement between you and us about the Service.

15.2. If a provision of these Terms is found invalid, the rest of the Terms remains in force.

15.3. If we do not enforce a right at once, we have not waived it.

15.4. We may transfer the agreement to a successor who takes over the Service, if your rights are not reduced as a result. We will tell you before we do so, and you may then end the agreement under section 11.1. You may not transfer the agreement without our consent.

15.5. These Terms are available free of charge at https://backtest.trading/terms, where you can read, save and print them at any time.