Agreement

In addition to these Legal Terms, your use of our Services may also be governed by other agreements and policies that form a binding agreement between you and us (together the "Agreement"). These include, but are not limited to, our Privacy Policy, specific terms of service for particular products or services, or any other contractual agreements entered into between you and the Company.

By accessing and using the Services, you acknowledge that you have reviewed and agree to be bound by any such additional agreements or documents where applicable. In the event of any conflict between these Legal Terms and any other binding agreement, the terms of the specific agreement will prevail to the extent of the conflict.

Except as otherwise agreed, the Agreement applies to any and all accounts (hereinafter individually, the "Account" and collectively, the "Accounts") opened by you at any time.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Our services

We provide a platform for trading simulation, designed primarily for individuals seeking to learn and practice trading strategies in a risk-free environment. The platform offers educational and analytical tools to enhance users' understanding of financial markets.

Access to our Services may be limited at our sole discretion. We reserve the right to restrict or terminate access to any user without prior notice or justification. Unauthorized or inappropriate use of the Services may result in immediate access limitations.

Users are solely responsible for ensuring that their access to the Services complies with the laws and regulations of their respective countries or jurisdictions. If access to the site is prohibited or restricted in your location, it is your responsibility to refrain from using the Services. We do not take any responsibility for any violations of local laws or regulations resulting from your use of the Services.

Please note that our trading simulation platform and any other services we offer do not involve actual financial transactions and should not be considered as financial advice or professional trading guidance.

Intellectual property rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Switzerland and around the world.

Your use of our Services

Subject to your compliance with the Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to team@backlabs.app. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Strategies: When you submit your trading strategies, you continue to be the exclusive owner of all rights associated with that particular strategy. We are not permitted to distribute, utilize, or sell your strategies.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

• confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

User account

You are required to register to use the Services. You agree to keep your email secure and will be responsible for all use of your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

By using the Services, you represent and warrant that

• all registration information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update such registration information as necessary;
• you have the legal capacity and you agree to comply with the Agreement;
• you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the international laws, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
• you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
• you will not use the Services for any illegal or unauthorised purpose;
• your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at our absolute discretion without any justification.

Account ownership

Your account is personal to you and may not be transferred, assigned, or delegated to any other person or entity. Any attempt to transfer or assign your account will be void and may result in the termination of your account.

Account termination

Upon termination of your account, we may retain your data as required by applicable laws or regulations. If you wish to delete your account, you can do so, and we will process your request in accordance with our Privacy Policy.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Purchases and payment

All payments are processed through Stripe, a secure payment processor. By making a purchase, you agree to comply with Stripe's Terms of Use.

You agree to provide current, complete, and accurate purchase and account information for all transactions made through the Services. You further agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, to facilitate transaction processing and communication. Sales tax will be added to the purchase price as deemed necessary. We reserve the right to change prices at any time. All payments shall be made in Swiss Francs.

You agree to pay all charges at the prices then in effect for your purchases and authorize us to charge your selected payment provider for any such amounts upon placing your order. If your order incurs recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each subsequent charge, until you cancel the relevant order. We reserve the right to correct any pricing errors or mistakes, even after payment has been requested or received.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

Cancellation

All purchases are non-refundable. You may cancel your subscription at any time by logging into your account, and your cancellation will take effect at the end of the current paid term.

If you are dissatisfied with our Services, please contact us at team@backlabs.app.

Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send simulations, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any member of our team engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to CSS, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
• Sell or otherwise transfer your profile.

If you do not comply with this terms, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at our absolute discretion without any justification.

Disclaimer

The services are provided on an "as-is" and "as-available" basis. You agree that your use of the Services will be at your sole risk. We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or applications linked to the Services, and we will assume no liability or responsibility for any

• errors, mistakes, or inaccuracies of content and materials;
• personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Services;
• any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
• any interruption or cessation of transmission to or from the Services;
• any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party;
• any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked website, and we will not be a party to or in any way responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of liability

In no event will we be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

Service management

We reserve the right, but not the obligation, to

• monitor the Services for violations of these Legal Terms;
• take appropriate legal action against anyone who, in our sole discretion, violates the law or the Agreement, including without limitation, reporting such user to law enforcement authorities;
• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
• manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic signature

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Dispute resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating. Such informal negotiations commence upon written notice from one Party to the other Party.

Applicable laws

In recognition of our incorporation and primary business operations in Switzerland, it is agreed that the laws of Switzerland shall exclusively govern this agreement and any disputes or claims arising out of or in connection to this agreement, without regard to its conflict of laws principles.

This agreement to the governance of Swiss law is intended to promote certainty in legal affairs and procedure, in light of our relevant connections to Switzerland. It is expressly understood and agreed that this provision shall not limit or restrict the enforcement of any provision in this agreement in any appropriate jurisdiction.

Changes

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

We will provide you with prior notice of any scheduled changes to this Legal Terms. The modified Legal Terms will become effective upon posting or notifying you by team@backlabs.app, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

Contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at