Software

The Software is not intended to conduct any activity other than backtesting trading strategies using historical data.

The Software is not intended for real money trading. It cannot be used to conduct any operations with financial assets of any type. All actions performed using the Software take place in a simulated environment and could not result in financial gains or losses. The Company shall not be found liable for any losses or damages you may incur when trading via other platforms.

The Company may make an update to or upgrade the Software from time to time at its sole discretion. The Company provides the Software on an "as is" or "as available" basis. The Company does not provide any warranties of fitness for a particular purpose or uninterruptible operations. You acknowledge that the Software could contain malfunctions impacting its normal operations. While the Company takes all reasonable efforts to identify existing or potential malfunctions and ensure the normal operations of the Software, certain performance issues still could take place.

The Software is provided as a single product, and you shall not in any way separate or make attempts to separate its parts.

Subscription

When creating an account, you will be asked to choose the subscription type. Once the paid subscription plan is activated, the Software is available on a subscription basis and is subject to payments with the intervals being calculated from the date of activation.

You may cancel your subscription anytime by contacting the customer support team via email support@forextester.com. In order for the payment to be returned, a request to cancel the subscription should be submitted:

• Within 30 (thirty) calendar days - for the initial payment;
• Within 7 (seven) calendar days - for any subsequent payment.

Kindly notice that in case of multiple payments made while enjoying the subscription, only the last payment will be refunded.

Intellectual property

Any and all intellectual property rights in the Software and any of its elements, including both existing and any future derivatives are the sole and exclusive property of the Company

Under these Terms, you shall not obtain any rights in the Software, except the right to use the Software as described herein.

Under these Terms, the Company does not grant you any rights related to the trademarks or other intellectual property related to the Software.

The Company respects the intellectual property rights of others. In case any of the parts of the Software contain, in your good faith belief, any elements infringing the intellectual property rights of a third party, you may inform the Company by providing the appropriate notice via email.

The Company reserves the right to make changes to the functionality of the Software and remove or make unavailable any features it will deem necessary, anytime in its sole discretion. The functionality of the new version of the Software may differ significantly from the functionality of the previous, or one you have initially used.

Permitted use

When using the Software, you shall:

• Use the Software only for the indented purpose as indicated by the Company,
• Ensure that your use complies with any and all applicable requirements, including local legislation of your country.

Restricted use

When using the Software, you shall not:

• use the Software for any unlawful purpose,
• use the Software for any purpose that is competing for the business of the Company,
• decompile, reverse engineer or otherwise access the source code of the software, or engage any third party in such activity,
• make attempts to make changes to the Software or any of its components,
• create any derivative products based on the Software and any of its parts or components,
• copy the Software in a whole or any of its part,
• sublicense the Software or any of its components,
• allow other persons to access and use the Software,
• transfer, resell or lease any of your rights under these Terms,
• remove or make any attempts to remove any indications of copyright protection, including the trademarks duly owned by the Company.

The Company reserves a right to block a User anytime in its sole discretion in case the Company has reasonable suspicion that such User violates any of the provisions set forth herein.

The Company reserves the right to discontinue the support of the Software. In such a case, the subscription will be terminated.

General risk warning

FOREX TRADING IS ASSOCIATED WITH HIGH RISK. YOU SHOULD ALWAYS CONSIDER THE RISKS OF OPERATIONS WITH FINANCIAL INSTRUMENTS YOU ARE PERFORMING AND ALIGN THEM WITH YOUR RISK ATTITUDE. YOU SHOULD NOT YOU THE FUNDS YOU CANNOT AFFORD TO LOSE. MARGIN TRADING IS ASSOCIATED WITH AN INCREASED RISK OF SIGNIFICANT FINANCIAL LOSSES WHICH COULD EXCEED YOUR INITIAL INVESTMENT.

Hypothetical performance disclosure

When analyzing the hypothetical trading results, you should keep in mind that they are (a) prepared with the benefit of hindsight and (b) not impacted by the risk of financial loss. You shall not make trading decisions based solely on past performance.

The results of the hypothetical trading and testing strategies using historical data may differ significantly from the actual trading results of using the same strategy for real money trading due to the impact of numerous real-market factors.

You shall be fully responsible for any consequences of using any trading tools and instruments, including but not limited to, financial loss.

Disclaimer

THE SOFTWARE IS PROVIDED BY THE COMPANY ON “AS IS” BASIS, AND THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING ITS FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES.

NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES OR AGENTS WARRANT THE UNINTERRUPTED, ERROR-FREE AND SECURE OPERATIONS OF THE SOFTWARE.

NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES OR AGENTS SHALL BE RESPONSIBLE OR LIABLE FOR ANY MALFUNCTIONS ARISING FROM CONFLICTS WITH OTHER SOFTWARE USED BY THE USER, OR ANY ACTIONS PERFORMED BY THE USER.

YOU SHALL NOT USE THE SOFTWARE IN ANY SPHERE OR ENVIRONMENT THAT IS ESPECIALLY SENSITIVE TO ANY FAULTS OR MALFUNCTIONS WHEN ANY SUCH FAULTS COULD RESULT IN SIGNIFICANT FINANCIAL LOSSES OR OTHER DAMAGES.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, THE COMPANY, ITS AFFILIATES, AGENTS, OFFICERS, AND EMPLOYEES SHALL NOT BE HELD LIABLE FOR ANY DAMAGES BOTH DIRECT OR INDIRECT, INCLUDING, INTER ALIA, LOST PROFIT, LOST DATA, OR ANY OTHER DAMAGES RESULTING FROM THE USE OF THE SOFTWARE.

THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE SOFTWARE, OR ANY ISSUES ARISING FROM SUCH USE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE SOFTWARE.

You agree to indemnify and hold harmless the Company from any claims, liabilities or damages which may arise from your use of the Software. The Company shall not be liable for any claims resulting from your use of the Software in breach of these Terms.

Applicable law and jurisdiction

These Terms shall be interpreted and governed under the laws of the Province of Ontario, Canada. Any disputes arising between you and the Company regarding the Software shall be settled via friendly negotiations. In case the parties will fail to solve the dispute amicably, such a dispute should be subject to the exclusive jurisdiction of the courts of Canada.

Miscellaneous

The failure of the Company to enforce any of its rights under these Terms should not be construed as a waiver of such right.

All rights that are not expressly granted to you under these Terms shall be deemed as reserved by the Company.