Terms & Conditions

1. Acceptance of Terms

By creating an account, purchasing BTUs, or using BacktestLM (the “Service”), you agree to these Terms. If you do not agree, you must not use the Service.

2. Changes to Terms

We may update these Terms from time to time. We will post the latest version on this page and update the “Effective date.” Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

3. Description of Service

BacktestLM is a software-as-a-service platform providing historical backtesting, AI-assisted strategy development, walk-forward testing, Monte Carlo simulation, optimization tools, and related analytics.

4. No Investment Advice

• No recommendation to buy, sell, or hold any security.
• No solicitation of financial transactions.
• No personalized financial advice.

All outputs are informational and hypothetical. Trading involves substantial risk of loss. Past performance does not guarantee future results. You are solely responsible for your decisions.

5. Regulatory Status

BacktestLM is operated by AI CheckMark LLC and is not:

• A registered investment adviser (RIA);
• A broker-dealer;
• A commodity trading advisor (CTA);
• A fiduciary;
• A financial institution.

BacktestLM does not execute trades, hold customer funds, or provide custody.

6. Simulation & Overfitting Risk Disclosure

All backtests, Monte Carlo simulations, walk-forward tests, and optimizations are hypothetical. Simulated results have inherent limitations.

• May not reflect actual execution conditions.
• May omit liquidity, slippage, or market impact.
• May be distorted by survivorship or look-ahead bias.
• May overstate performance due to optimization.

Optimization and grid searches increase overfitting risk. Monte Carlo modeling does not eliminate structural or regime risk. BacktestLM provides quantitative scores and statistical evaluations for historical performance, which are mathematical derivations and do not predict future outcomes or reliability. All scoring is inherently subjective and may differ from an individual trader's assessment.

7. User Representations & Acknowledgment of Risk

• You understand trading involves substantial risk.
• You understand outputs are hypothetical.
• You will independently validate strategies.
• You are responsible for regulatory compliance.
• You will not rely exclusively on the Service.

8. User Content & License Grant

Users may submit strategy prompts, configurations, parameters, trading logic, or other materials into the Service (“User Content”).

You retain ownership of your User Content. You understand that the Service is not a confidential submission system, and you should not submit sensitive or proprietary information unless you have appropriate rights and intend it to be processed as described in these Terms.

By using the Service, you grant AI CheckMark LLC a worldwide, non-exclusive, royalty-free, transferable license to:

• Process User Content to provide and operate the Service;
• Analyze User Content to improve performance, reliability, and security;
• Use User Content in aggregated or de-identified form for research, statistical analysis, benchmarking, product development, and system improvement;
• Generate derived insights, models, metrics, or system enhancements that do not identify you or disclose your personal information.

We will not publicly disclose identifiable User Content without your consent. De-identified and aggregated data may be retained and used indefinitely for research and product development.

9. User Representations Regarding Content

You represent that you have the necessary rights to submit User Content and that such content does not infringe third-party intellectual property rights.

10. Derivative Improvements

Nothing in these Terms restricts AI CheckMark LLC from developing, improving, or commercializing general knowledge, algorithms, techniques, models, or system enhancements derived from aggregated or de-identified use of the Service.

No ownership rights are transferred to users in system improvements, derivative technologies, or product enhancements created by AI CheckMark LLC.

11. Professional & Institutional Use Disclaimer

BacktestLM is not designed to meet regulatory reporting or compliance requirements. Professional users must determine suitability for their regulatory obligations.

12. AI Transparency & Model Limitations

The Service may use AI models that generate probabilistic outputs. AI outputs may be incorrect, incomplete, or misleading. See our AI Transparency Disclosure.

13. Accounts & Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction. You represent that you have legal capacity to enter this agreement.

14. BTUs, Billing & Expiration

• BTUs represent computational usage.
• Expiration (if any) is stated at purchase.
• Pricing may change prospectively.

Fees are non-refundable unless required by law. Billing questions: billing@backtestlm.ai. Legal/privacy: legal@backtestlm.ai.

15. Acceptable Use

• No reverse engineering or abuse.
• No bypassing usage controls.
• No unlawful use.

16. Data Sources & Third-Party Services

The Service may rely on third-party data providers, APIs, cloud infrastructure, and other external services.

AI CheckMark LLC does not guarantee the accuracy, completeness, timeliness, or availability of third-party data.

Market data may be delayed, incomplete, inaccurate, or subject to revision. Strategy performance may be materially affected by data quality, infrastructure interruptions, or external service failures.

We are not responsible for errors, outages, or inaccuracies originating from third-party providers.

17. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, AI CheckMark LLC disclaims all warranties, express or implied, including:

• Merchantability;
• Fitness for a particular purpose;
• Non-infringement;
• Accuracy or reliability of outputs.

We do not guarantee that:

• The Service will be uninterrupted or error-free;
• Outputs will be accurate or suitable for live trading;
• The Service will meet your specific objectives.

18. Limitation of Liability

To the maximum extent permitted by law, AI CheckMark LLC shall not be liable for indirect, incidental, or consequential damages including trading losses. Total liability is limited to amounts paid in the previous 12 months.

This limitation applies regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.

Nothing in these Terms limits liability that cannot be limited under applicable law.

19. Indemnification

You agree to indemnify AI CheckMark LLC against claims arising from your use of the Service or your trading decisions.

20. Force Majeure

AI CheckMark LLC shall not be liable for delays or failures caused by events beyond reasonable control, including but not limited to cloud provider outages, exchange disruptions, regulatory changes, natural disasters, or network failures.

21. Export & Sanctions Compliance

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to U.S. sanctions, and that you are not listed on any U.S. government prohibited or restricted party list.

You agree not to use the Service in violation of applicable export control or sanctions laws.

22. Termination

We may suspend or terminate access for violations or security risks.

23. Governing Law

These Terms are governed by the laws of the State of California, USA.

24. Arbitration & Class Action Waiver

Disputes may be resolved via binding arbitration on an individual basis, except where prohibited by law. To the fullest extent permitted by law, all disputes shall be resolved on an individual basis, and you waive the right to participate in any class, collective, or representative action.

25. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AI CheckMark LLC without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

26. Successors and Assigns

These Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.