Introduction

 

These Terms of Service (“Terms”) are made to govern the use of the services provided by The Money Reviewer, LLC  aka “Backtest Invest” (Hereinafter referred to as “company” “we”, us or “our’) through our websites: https://www.backtestinvest.com/ (the “Website”) available to our customers ("user ","you " or "your "). These Terms are applicable to all the features and services (“Services”) provided through our website which will be updated from time to time in the future.
 

Please read these Terms and the Privacy Policy of the company (the “Policy”) with respect to registration with us, the use of our website or services carefully before using it. In the event of any discrepancy between the Terms and any other policies with respect to the Website or Services, the provisions of these Terms shall prevail.

Your use/access/browsing of the Website or the Services or registration (with or without payment) through any means shall signify your acceptance of these Terms and your agreement to be legally bound by the same. If you do not agree with the Terms or the Policy, please do not use our website or avail the Services.
 

Business name

Backtest Invest is a business name and trademark of The Money Reviewer, a North Carolina Limited Liability Company, based in North Carolina, United States.
 

Business Information

Our company, an education and information business, publishes and shares content on the various types of securities including but not limited to, Bonds, “ETFs” (Exchange Traded Funds), Shares and other capital market assets. These services are currently offered to any individuals, entities, traders, etc. seeking to be educated and informed about various stock  market strategies. Our users use our services with the objective to gain understanding for their own personal gains and profits through the use of informative and time-tested strategies explained to our users through blogs, texts or other means.

In addition to this the Company provides a variety of subscription plans to learn about the strategies they are interested in, by subscribing to at least one of our plans. These subscription strategies are subject to be updated, changed or be removed at any time without notice and are distinctive in their offering of information for individuals and entities carrying varying financial appetites.
 

Express Disclaimer

All investments in the capital market are subject to market risk which can have consequential gains or losses to any individual or entity when investing in such assets. Our company expressly warrants that any or all content, publications, newsletter, illustration or any other written, audio or visual content shared with our users is in no way to be construed as investment advice (“advice”). Our company is not a registered investment firm or corporation nor is it affiliated with any investment business to promote or advertise either a particular stock or multiple capital market assets. Our content which is shared with our users who subscribe to the plans offered through our services on our website is not a custom or tailored investment advice and is to be only treated as general publication and dissemination of information. It is not directed towards any particular individual or entity nor is any or all piece of information whether wholly or partly to be construed or relied upon by our users as an advice to invest or disinvest, transfer, mutate or withdraw investments in any form of shares, ETFs or other capital market assets, though some commentary, description, explanation or factual statements and financial interpretation in term of documents or by any other means of content may be shared with our users through their choice of plan for our services.
 

Any such reliance to invest placed upon any information disseminated through our website by virtue of the subscription plan giving access and by unlocking exclusive or through general content without opting to any of our subscription plans, where such reliance results in any consequential profit or losses for our users is the sole responsibility of our users and our company expressly waives any or all liability and responsibility for the use or abuse of any information or content by you.
 

Eligibility

To be eligible to use our services available on our website you need to be at least 18 (eighteen) years of age along with the ability and capacity to enter into a contractual obligation which will be legally binding and possess basic to intermediate understanding of financial markets.
 

Account

In order to use our services, you must create an account (the “Account”) with us by registering on the Website. For the purposes of creating the Account, you need to provide us with some basic information. This includes Personally Identifiable Information (PII) including your name, email address, password and other information as listed in our Policy (Link to be provided here).
 

For the purposes of clarity on how we collect, store, process and.or share your information or data can be found on our policy which can be viewed here.

In the event that you are creating an Account on behalf of an entity, you confirm that you are authorised to act on behalf of such entity as well as to submit any information or documentation related to such entity.
 

Accuracy of Information

When you create an Account with us, it is your responsibility to provide us with accurate and truthful information about you. We reserve the right to discontinue our Services and/or suspend your Account with us for any reason including but not limited to any discrepancy in information or a failure to provide verification or required information by you.

The reasons for collecting this information and the legal basis for it can be found in our policy which provides all the information on how we collect, store, share and process all information extracted from your Account when you use our services.
 

Verification

When you create an Account with us you are required to provide verification for using the account. This verification is in the form of an email link sent to your registered email address, this is for us to know that you have access to your account and you control what happens with your account.
 

Security

You are solely responsible to keep your login credentials secure and safe from unauthorised access. You must keep your password confidential and not share your account details with anyone under any circumstances. You accept and agree that access to your login credentials gives access to your Account. In case you suspect that your Account username or password has been leaked or used by anyone to gain unauthorised access to your Account, you must report this to us immediately at the email address provided in the section on contact details in these Terms.
 

Suspension and Termination

We reserve the right to suspend or terminate your account without assigning any reasons specifically if we find you in breach or in violation of our Terms. This specifically includes a termination without notice if you are in breach of any condition defined in the Usage section of these Terms.
 

The Services

Our Company provides a variety of Services which includes general dissemination of information about capital market assets and updates on various types of trading strategies which we have learnt and tested by ourselves. This information is shared with our users on a periodic basis and may or may not reflect the changes in the market in real time. 

In addition to this, our Website may also have historical trade information which is downloadable. This information is publicly accessible through our website and there is no need for creating an account to view or access this information. This is provided with a view to give you an idea of the trades we have taken while attempting to put the strategies to be provided to you to test.
 

Subscription Models

We also have created a few subscription plans for our users who would be interested in learning about the specific strategies for different styles of investing. The access of these Services vary with the choice of plan selected and subscribed by our users.
 

The current subscription plans available for our users are: Conservative, Hybrid, Aggressive, Annual Conservative, Annual Hybrid and Annual Aggressive. The features of the plans and the amount associated with these plans can change at any point in time. However, we notify our users about the update in the pricing and update in the features added or removed from the plans through their provided email.
 

Exclusions

Our Company and the newsletter Services offered through our Website are for the purpose of educating and informing the potential investors about possible trading strategies through the use of computerised algorithms and therefore covered within the exclusion of the definition of an investment adviser which states that publications of general and regular circulation are excluded from being considered as investment advice.

 

No Compensation or Financial Gains

We expressly warrant that neither our Company nor its affiliates receives any compensation for advertising, promoting or selling any financial assets covered within the strategies available to our users for investments. The Company has never received any direct or indirect financial benefits through the creation, use or by sharing any news, content or information about a particular stock, investments opportunity or other capital market assets available through our website to our users.

 

We also expressly state that the subscription payments made by our users for the plan is essentially the payments which accounts towards the management and the maintenance of the cost of running this business operation and is charged in lieu of that for the purpose of business continuity and to also profit from running this business operation without having any interest or gains from the investments or capital market assets or its related information covered within the strategies.
 

No Conflict of Interest

Our Company expressly warrants that neither the management nor any employees have any financial interest or stakes in the trading of any stocks or other capital market assets covered within the strategies discussed in our newsletters. Neither the management nor the employees have any control, ownership or can exercise any discretion in structuring the composition or managing  the investment portfolios of our users. 
 

Terms of Payment

Our website is connected with various third party payment gateways and vendors who provide us with the facility to process payments of our users subscribing to the Services on our Website. We do not have any control over the privacy policies or the terms of use of such payment gateway providers or vendors. Thus, it is the responsibility of our users to read, understand and accept the respective privacy policy and terms of use before making any payments on our website.
 

Cancellation and Refund

Our Company provides our users with the facility to unsubscribe to our services at any time. In case of auto-renewals opted by our users to any of our subscription plans the cancellation can be made before the date of such auto renewal cancelling the subscription and to avoid any direct debits or payments becoming levied on our customers. For this reason, we are unable to offer any refunds of subscription amounts.
 

Acceptable Usage

Our website is designed to provide the best possible services to our users and therefore, you agree that you shall use our website for browsing and subscribing to our service solely. This usage is further explained below for the sake of clarity.
 

Permitted Use

• You may share the information published on our website and the link to our website with other individuals and entities interested in availing our subscription plans.

• You may use our Services to learn about various strategies for different investment styles which we have learnt through the use of computerised techniques.
   

Prohibited Use

• You shall not use the Website or the strategies taught by us to spread any kind of incorrect information about a specific stock or indulging in any acts which are illegal.
   

GENERAL TERMS AND CONDITIONS

WAIVER FOR THIRD PARTY PLUGINS AND EXTENSIONS AND CONTENT

Our Services may be made available or accessed in connection with third party services and content (including advertising) over which our Website has no control. You acknowledge that separate terms of use and privacy policies may apply to your use of such third-party services and content. We do not endorse such third-party services and content and in no event shall we be responsible or liable for any products or services of such third-party providers.
 

LICENCE

Subject to your compliance with these Terms, the company grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to: (i) access and use the Services, or (ii) access and use any information, content, and any other materials which are made available to you through the Services, and only to the extent provided by these Terms.

This licence does not confer any proprietary rights, title, interest or ownership to our website or to any content or service offered by our partners or affiliates to any of our users and is merely a licence to use our website within the limits and conditions as defined and permissible under these Terms.
 

If we have not expressly granted any rights to you in these Terms, please consider that such rights are reserved by us and our licensors.
 

We reserve the right, at any time, without notice, and at our sole discretion, to terminate your licence to use the Services and to block and prevent your future access to the same.
 

CONNECTIVITY AND DOWNTIME

We ensure that our Website and our Services are available to our users without any interruptions and delays. However, we cannot guarantee a 24/7 availability and our website may become unavailable without notification for undisclosed reasons that may not be limited to maintenance, instability or unforeseen circumstances, disruption of network or infrastructure providing support to our website.
 

During these events our Services will be unavailable and may cause disruption in the ordinary course of dealing with our users. We shall notify you prior to any such maintenance or unavailability of Services but may not be able to do so in certain immediate and unforeseen circumstances.
 

Our Services may become unavailable or may be available with some disruption in case of countries which are subject to UNSC resolutions or are covered under the area of active armed-conflict currently or at any point in time in the future. We shall not be liable to restore Services in such cases nor shall we be liable to refund any amount if the disruption of termination is caused under any of these circumstances.
 

INTELLECTUAL PROPERTY

The name of our company, domain name and our website associated with us or our business or content partners or our affiliates is the sole intellectual property of The Money Reviewer, LLC and of those respective affiliates or business partners. The intellectual property contained on the website is owned by or licensed to our company and is protected by applicable copyright and trademark law.
 

Nothing contained in our Website shall be construed as conferring by implication, estoppel, or otherwise, any licence or transfer of any rights to any copyright, patent, trademark or other proprietary interest belonging to the Company, affiliates or business partners except in the manner specified in these Terms. The content and services on the Website, including, but not limited to, graphic images, audio, video, html code, buttons, scripts, source code and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of the Company.
 

LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event will the company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; or (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Website, Services, third party applications, or third party application content, regardless of legal theory, without regard to whether the company has been made aware of the possibility of those damages, and even if a remedy fails of its essential purpose. Nothing in these Terms removes or limits the Company’s liability for fraud, fraudulent misrepresentation, and gross negligence, if required by applicable law.
 

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless the company and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against any claims and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your breach of these Terms; (2) any malicious or illegal activity conducted by you during the term of your usage of the Website. ; and (3) violation of any law by you. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under these Terms. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
 

GOVERNING LAWS

These Terms of Service shall be construed in accordance with the applicable laws of the State of North Carolina, and the federal laws of United States without regard to the conflict of law principles.
 

If any dispute or claim arises from or in connection with (i) these Terms, or (ii) your access to or use of our services, the relevant parties shall resolve the dispute through the Contact Us page on our Website. In case the dispute cannot be resolved through the portal you may send a written notice on the provided email under the “Notice” section of these Terms.

If a dispute is not resolved within a period of 30 (thirty) days from the date on which it was referred to the Company by virtue of the dispute resolution mechanism provided on the Website, you agree to submit to the exclusive jurisdiction of the competent courts of North Carolina, United States for resolution of the disputes through legal proceedings.
 

INTERNATIONAL REGULATIONS AND COMPLIANCE

The Company complies with various international regulations and laws that apply to us for providing the Services to our users. Thus, in pursuance to these laws and regulation on Data Protection and Privacy laws. This includes but is not limited to EDPB (European Data Protection Board), FTC (Federal Trade Commission) and other regulatory bodies. We may seek additional information to perform our compliance functions and update our policies.
 

TECHNOLOGY

Our Website is premised on the use of technology that meets the international standards of information security and data protection compliance through our technical support partners and vendors. To provide a seamless experience to our users we may update and do patch management of our Website to update the versions and security of our Website. During this time our Website may be unavailable to provide services to our users.
 

ENTIRETY

If any part of these Terms is determined to be unenforceable or invalid pursuant to the applicable law, including, but not limited to, the liability limitations and warranty disclaimers set forth above, then the unenforceable or invalid clause or any part thereof will be deemed to be superseded by an enforceable and valid clause that most closely matches the intent of the original clause and the remainder of these Terms shall continue to be in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and the company with respect to using / accessing our Website and engaging with our services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, written or oral.
 

MISCELLANEOUS

Nothing contained in these Terms shall be construed as creating any partnership, joint venture, agency, affiliation or other form of joint enterprise between you and the Company.
 

Our failure to require your performance of any clause forming part of these Terms shall not affect our right to require such performance at any time later in the future, nor shall our waiver of a breach of any clause hereof be taken or held to be a waiver of the clause itself.
 

The headings in the Terms shall not be used in its interpretation and are provided for convenience only.

Please email us at info@backestinvest.com shall you have any questions regarding these Terms.
 

Notice

Customer Support and Service Desk

E-mail id: info@backtestinvest.com

Contact Days: Monday to Friday (8:00 a.m. to 5:00 p.m. EST)