Profit Testers' Privacy Policy

Last revised: April 1, 2022

These Profit Tester Terms of Use are entered into between you (hereinafter referred to as “you” or “your”) and Profit Tester LLC, a Delaware Limited Liability Company (hereinafter referred to as “Profit Tester”, “we” or “our”). By accessing, using or clicking on “I agree” to accept any Profit Tester Services (as defined below) provided by Profit Tester LLC, you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use.

These Terms of Use constitute a legal agreement and create a binding contract between you and Profit Tester LLC. By signing up to use the Profit Tester Services (as defined below) you are agreeing to be bound by the following terms and conditions (“Terms of Use”).

Please read the terms carefully as they govern your use of Profit Tester Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth below. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives. BY MAKING USE OF PROFIT TESTER SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF PROFIT TESTER SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) PROFIT TESTER SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.

By accessing, using or attempting to use Profit Tester Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Profit Tester or utilize Profit Tester services.

Profit Tester reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to these Terms of Use and any updates or changes. Continued use of the Services after any such updates or changes shall constitute your consent to such updates or changes. ANY AND ALL UPDATES OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THIS WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF PROFIT TESTER SERVICES IS DEEMED YOUR ACCEPTANCE OF THE UPDATED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING PROFIT TESTER SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO REVIEW THESE TERMS FREQUENTLY TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF PROFIT TESTER SERVICES.

Violation of any of the terms below may result in the termination of your Account and forfeiture of any perceived benefits owed during the violation. You agree to use the Services at your own risk. You agree that there is no guaranteed profit or return on investment that comes with these Services.

Definitions

Profit Tester refers to Profit Tester LLC, a Delaware Limited Liability Company.
Profit Tester Services or The Services refer to various backtesting services provided to you by Profit Tester LLC that relate to Digital Asset Trading. Profit Tester does not do any trading.
Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
Digital Asset Trading refers to transactions in which one digital currency is exchanged for another digital currency.
Terms of Use refers to these Profit Tester Terms of Use.

License

Provided that you constantly comply with the express terms and conditions stated in these Terms of Use, Profit Tester grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Profit Tester Services through your computer or Internet compatible devices for your personal purposes. You are prohibited to use Profit Tester Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms of Use. Profit Tester reserves all rights not expressly granted in these Terms of Use. Therefore, you are hereby prohibited from using Profit Tester Services in any way not expressly authorized by these Terms of Use.

These Terms of Use only grant a limited license to access and use the Profit Tester Services. Therefore, you hereby agree that when you use the Profit Tester Services, Profit Tester does not transfer Profit Tester Services or the ownership or intellectual property rights of any Profit Tester intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, computer code, programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in The Services or provided through the Profit Tester Services, are exclusively owned, controlled and/or licensed by Profit Tester LLC. You further agree that the Profit Tester Services shall not to be replicated, reused, or re-engineered by you for re-sale to third parties.

Resale to Third Parties Prohibited

The Profit Tester Services provided through this site are for personal use only and may not be replicated, reused, re-engineered, or resold to a third party. Doing so violates these Terms of Use and Services will be terminated immediately without redress and without notice. Failure to comply with this provision is a violation of these Terms of Use.

General Account Terms

By signing up to use the Profit Tester Services you are further agreeing to be bound by the following general terms and conditions:

You must be 18 years or older to use the Services.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted and are a violation of these Terms of Use.

You must provide a name (may be pseudo-name or full legal name), a valid email address, and any other information requested in order to complete the signup process for a Profit Tester Services account. Profit Tester does not ask for any personal information other than a username, email, and password. Profit Tester does not ask for users Application Programming Interface (“API”) information.

Your login may only be used by one person – a single login shared by multiple people is not permitted and is a violation of these Terms of Use. One person or legal entity may not maintain more than one account. Failure to comply with this provision is a violation of these Terms of Use.

You are responsible for maintaining the security of your account and password. Profit Tester cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

All payments to Profit Tester are handled through Stripe; and Profit Tester will never ask users for financial information.

You are solely responsible for all Content posted and activity that occurs under your account.

By accessing Profit Tester Services, you agree that Profit Tester has the right to investigate any violation of these Terms of Use, unilaterally determine whether you have violated these Terms of Use, and take actions at Profit Tester’s sole discretion without your consent or prior notice.

Compliance with Laws

You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of The Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws).

As a condition to your participation in the Profit Tester Services, you agree that while you are using The Services you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Services participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Services you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Failure to comply with this provision is a violation of these Terms of Use.

Term of the Agreement and Termination

The term of this Agreement will begin upon our acceptance of these Terms of Use and will end when terminated by either party. Either you or Profit Tester may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. All communication between you and Profit Tester shall be conducted through the Profit Tester Discord platform. Upon the termination of this Agreement for any reason, you will immediately cease use of all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of Profit Tester in connection with the Services. Profit Tester reserves the right to end the Services at any time.

Profit Tester, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your Account and your access to your Account. Profit Tester reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and Profit Tester are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on behalf of Profit Tester. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. Failure to comply with this provision is a violation of these Terms of Use.

Limitations of Liability

Profit Tester will not be liable for any indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with the Services or this Terms of Use Agreement, even if we have been advised of the possibility of such damages.

Disclaimers

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES OR ANY PRODUCTS SOLD THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE PROFIT TESTER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT PROFIT TESTER MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMERS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THE SERVICES AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with Profit Tester or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Refund Policy

The Profit Tester Services are not a beginner tool. DO NOT BUY THEM. If you do purchase the Services and decide you:

do not need the Services
don’t understand how to use the Services
made an impulse buy
didn’t fully understand what you bought

After 14 days from date of purchase, refunds will not be granted.

Miscellaneous

This Agreement will be governed by the laws of Delaware, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without the prior written consent of Profit Tester. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. The failure of Profit Tester to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Profit Tester to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Profit Tester and govern your use of the Service, superseding any prior agreements between you and Profit Tester (including, but not limited to, any prior versions of the Terms of Service).

Paragraph headings in these Terms of Use are for reference only.

These Terms of Use constitute the entire agreement between the parties regarding use of Profit Tester Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.

If any portion of these Terms of Use is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms of Use, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.