Terms of Service
These Terms of Service govern your access to and use of the DarkStellar website, research services, reports, waitlists, software previews and, when available, the DarkStellar Terminal.
These drafts are placeholders. Have an Australian commercial and financial-services lawyer review the final wording before accepting payments or strategy submissions.
About DarkStellar
DarkStellar is operated by [LEGAL ENTITY NAME], ABN [ABN], of [BUSINESS ADDRESS OR AUSTRALIAN STATE].
In these Terms, “DarkStellar”, “we”, “us” and “our” refer to that entity.
You can contact us at:
- Email: [LEGAL/GENERAL EMAIL]
- Privacy: [PRIVACY EMAIL]
- Website: [DOMAIN]
Acceptance of these Terms
By accessing our website, joining a waitlist, submitting a trading strategy, purchasing a research service or using the DarkStellar Terminal, you agree to these Terms and our Privacy Policy.
You must not use our services if you do not agree to these Terms.
You must be at least 18 years old and legally capable of entering into a binding agreement.
Our services
DarkStellar may provide:
- information about DarkStellar and its products;
- manual strategy reconstruction and historical backtesting services;
- credibility, sensitivity and market-regime analysis;
- futureproof or regime-similarity assessments;
- trading-log and execution comparisons;
- written research and evidence reports;
- sample reports and educational material;
- access to beta, preview or waitlist programs;
- the DarkStellar Terminal and related analytical tools when available; and
- other data, software and research services described on our website.
Features, supported markets, data sources, delivery times and service availability may change as the business develops.
Analytics only — no financial advice
DarkStellar provides historical data analysis, statistical testing, software tools and research relating to strategies defined or supplied by users.
DarkStellar does not provide:
- personal financial advice;
- financial product recommendations;
- trading signals;
- buy, sell or hold recommendations;
- portfolio recommendations based on your personal circumstances;
- brokerage, dealing or trade execution;
- guarantees of profitability; or
- predictions that a strategy will continue to perform.
Our reports may identify historical performance, weaknesses, correlations, regime dependencies, execution differences and current similarities to past market conditions. Those observations are not instructions to enter, exit, increase, reduce or avoid any trade.
You remain solely responsible for your financial decisions, trading activity, risk management, tax obligations and compliance with any broker, exchange or prop-firm rules.
Historical performance does not predict future performance. Backtests may materially differ from live results.
No fiduciary or advisory relationship
Your use of DarkStellar does not create:
- a financial adviser-client relationship;
- a fiduciary relationship;
- an investment management relationship;
- a partnership, employment or agency relationship; or
- any duty for DarkStellar to monitor your portfolio, trades or financial circumstances.
We do not consider your objectives, financial situation or needs when conducting a strategy analysis unless expressly required to define a technical testing assumption. Any such information is not used to recommend a financial product or course of action.
Strategy submissions
When submitting a strategy, you must provide sufficient information for us to understand and test the method, including where relevant:
- markets or instruments;
- timeframes;
- entry and exit rules;
- indicators and settings;
- session and market-condition filters;
- stop-loss and take-profit logic;
- risk and position-sizing assumptions;
- fees, spread and slippage assumptions;
- re-entry and trade-management rules; and
- examples or trading logs.
You acknowledge that discretionary, subjective, incomplete or contradictory rules may not be reproducible.
Where clarification is required, we may:
- ask additional questions;
- document assumptions;
- narrow the testing scope;
- propose a testable interpretation;
- decline the submission; or
- explain that certain elements cannot be reliably tested.
No work begins until we confirm that the project is accepted.
Review before acceptance
Submitting a strategy does not automatically create a paid engagement.
We may review your submission before accepting payment to determine whether:
- the method is sufficiently clear;
- appropriate historical data is available;
- the requested scope is technically feasible;
- the strategy can be tested within the selected package; and
- additional custom work or pricing is required.
We may decline a submission for any lawful reason, including insufficient data, excessive discretion, legal risk, unsupported markets or an impractical scope.
Your warranties
You warrant that:
- you own or are authorised to submit all strategies, files and materials you provide;
- your submission does not infringe another person’s intellectual property, privacy, confidentiality or contractual rights;
- you will not upload malware, stolen material or unlawfully obtained information;
- information you provide is accurate to the best of your knowledge;
- you will not misrepresent a DarkStellar report or use it to make misleading performance claims; and
- you will not present our analysis as a guarantee, recommendation or endorsement.
Do not submit third-party proprietary strategies, paid indicator code, confidential employer information or another trader’s records unless you have clear permission.
Confidential strategy materials
We will treat non-public strategy documents, trading logs and files submitted for analysis as confidential and use them only to:
- assess the submission;
- perform the purchased service;
- communicate with you;
- maintain appropriate internal records;
- protect the integrity and security of our services; and
- comply with legal obligations.
We will not knowingly publish, sell or commercially license your identifiable strategy to another person without your permission.
Confidentiality does not apply to information that:
- is already publicly available through no breach by us;
- was lawfully known to us before disclosure;
- is independently developed without use of your confidential materials;
- is received lawfully from another source; or
- must be disclosed by law.
Intellectual property
10.1 Your materials
You retain ownership of the original strategies, trading logs, documents and other materials you submit.
You grant DarkStellar a limited, non-exclusive licence to host, copy, process, convert and analyse those materials solely as reasonably necessary to provide the service.
10.2 DarkStellar materials
DarkStellar retains ownership of:
- its software and source code;
- testing systems and methodology;
- report structure and visual design;
- scoring systems;
- analytical frameworks;
- templates;
- branding;
- website content; and
- generalised technical knowledge and improvements developed while providing services.
Subject to payment, you receive a personal, non-exclusive right to use the final report for your own internal research and decision-making.
You must not, without written permission:
- resell or redistribute a report;
- remove DarkStellar branding or disclosures;
- represent the report as your own independent research;
- publish selected results in a misleading way;
- reverse engineer our software or scoring methodology;
- scrape or systematically extract our content; or
- use our intellectual property to create a competing product.
We may offer separate commercial licences for educators, communities, funds or businesses.
Data and backtesting limitations
Backtesting involves assumptions and limitations, including:
- data gaps or inaccuracies;
- differences between providers;
- survivorship or selection bias;
- look-ahead bias;
- indicator calculation differences;
- candle-level execution ambiguity;
- unavailable tick or order-book data;
- spread, commission and slippage variation;
- liquidity and market-impact constraints;
- broker-specific pricing;
- latency;
- rejected or partially filled orders;
- changing market structures; and
- overfitting.
Unless expressly included in your package, a report may not include tick-level modelling, order-book simulation, walk-forward analysis, Monte Carlo analysis, capacity modelling, tax analysis or broker-specific execution.
Scores such as “credibility”, “futureproof”, “regime match” or “edge status” are proprietary analytical summaries. They are not probabilities of future profit.
Trading logs
Where you provide historical trading logs, we may compare actual execution against the reconstructed strategy.
The usefulness of that comparison depends on the completeness and accuracy of the logs. Missing timestamps, prices, fees, position sizes or notes may reduce the reliability of the analysis.
You should remove information that is unnecessary, including login credentials, account passwords, API secrets, full payment-card details and government identification numbers.
Pricing and payment
Prices displayed on the website are in [AUD/USD] unless stated otherwise.
Current service prices may include:
- Strategy Review — [PRICE];
- Deep Strategy Audit — [PRICE]; and
- Professional Validation — [PRICE].
Pricing may change before an engagement is accepted. Your confirmed price will not change after payment unless you approve additional work.
Payments may be processed by a third-party payment provider. We do not intentionally store complete payment-card details.
You are responsible for any currency-conversion costs, bank fees or taxes that apply to you.
Turnaround times
Any stated turnaround is an estimate, not a guaranteed deadline, unless we expressly agree otherwise in writing.
Delivery may be affected by:
- incomplete submissions;
- delayed responses to clarification questions;
- data availability;
- technical complexity;
- third-party outages;
- changes requested by you; or
- circumstances outside our reasonable control.
We will communicate material delays where reasonably practicable.
Changes to scope
Your package covers only the scope confirmed at acceptance.
Additional instruments, timeframes, strategy versions, custom indicators, complex coding, data acquisition or revised rules may require:
- a revised quote;
- a package upgrade;
- an extended delivery time; or
- a separate engagement.
We will not charge additional fees without notifying you and obtaining approval.
Cancellations and refunds
You may request cancellation by contacting [SUPPORT EMAIL].
Refund eligibility depends on the stage of the work:
- Before acceptance or payment: no fee is payable.
- After payment but before substantive work begins: we will generally provide a refund, less any non-refundable third-party transaction costs where lawful.
- After substantive work begins: we may deduct a reasonable amount for work already completed and costs already incurred.
- After delivery: refunds are not generally available merely because a strategy performed poorly or the findings were unfavourable.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
Where a service does not meet an applicable consumer guarantee, you may be entitled to a remedy required by law.
Revisions and errors
Your package may include the revisions described on the relevant pricing page or order confirmation.
A revision is intended to correct:
- an implementation error;
- a misunderstanding of clearly submitted rules; or
- a factual error in the report.
A revision does not include testing an entirely new strategy or materially changing the rules after the original test.
If you believe a report contains an error, contact us promptly with details.
Beta and in-development products
The DarkStellar Terminal may be offered as an alpha, beta, preview, trial or in-development service.
Such services may:
- be incomplete;
- contain errors;
- change without notice;
- lose or reset test data;
- experience downtime; or
- be withdrawn.
Do not rely on beta software as the sole basis for a financial or business decision.
Where practical, we will identify beta or preview features clearly.
Third-party services and market data
Our services may use or link to third-party providers, including:
- market-data vendors;
- cloud and hosting providers;
- payment providers;
- analytics providers;
- communication platforms;
- charting libraries; and
- artificial-intelligence services.
Third-party services are subject to their own terms, availability and data licences.
DarkStellar does not control and is not responsible for third-party outages, errors, changes or conduct, except to the extent responsibility cannot lawfully be excluded.
Acceptable use
You must not:
- interfere with or disrupt our services;
- attempt unauthorised access;
- bypass security or usage controls;
- upload malicious code;
- use automated scraping without permission;
- use our services for unlawful market manipulation, fraud or deception;
- impersonate another person;
- make misleading claims using our reports;
- infringe intellectual property or confidentiality rights; or
- use the service in a way that could expose DarkStellar to regulatory or legal risk.
We may suspend or restrict access where reasonably necessary to protect users, systems, data or legal compliance.
Website information
General website content is provided for informational purposes.
We aim to keep information accurate but do not guarantee that every page is complete, current or error-free. Product descriptions and development roadmaps may change.
Nothing on the website is an offer of a financial product.
Disclaimers
To the extent permitted by law:
- services are provided based on the information and assumptions available;
- we do not guarantee uninterrupted or error-free access;
- we do not guarantee that any strategy has or will maintain an edge;
- we do not guarantee that simulated results can be replicated in live markets;
- we are not responsible for trading losses or decisions made after receiving a report; and
- you are responsible for independently determining whether any action is appropriate.
These disclaimers do not exclude rights or liabilities that cannot lawfully be excluded.
Limitation of liability
To the maximum extent permitted by law, DarkStellar is not liable for indirect, incidental, special or consequential loss arising from the services, including lost profits, lost trading opportunities, loss of goodwill or business interruption.
Where liability can lawfully be limited, our aggregate liability arising from a purchased service will not exceed the greater of:
- the amount you paid for that service; or
- the minimum amount required by applicable law.
This clause does not apply to liability that cannot lawfully be excluded or limited, including applicable consumer-law remedies.
Indemnity
To the extent permitted by law, you indemnify DarkStellar against third-party claims, loss or expense arising from:
- materials you submit without authority;
- your infringement of another person’s rights;
- your unlawful or misleading use of our reports; or
- your material breach of these Terms.
This indemnity is reduced to the extent DarkStellar caused or contributed to the relevant loss.
Privacy
Our handling of personal information is described in our Privacy Policy.
By submitting files, you acknowledge that they may contain personal or commercially sensitive information and agree to provide only what is reasonably necessary for the service.
Electronic communications
We may send service communications relating to:
- submissions;
- payments;
- security;
- report delivery;
- waitlists;
- product access; and
- changes affecting your account or engagement.
Marketing communications will include an unsubscribe facility where required. Australian commercial electronic-message rules require clear sender identification, consent where applicable and a functional unsubscribe mechanism; unsubscribe requests must generally be honoured within five working days.
Changes to these Terms
We may update these Terms to reflect changes to our services, technology, law or business operations.
The updated version will be published with a revised effective date.
Where changes materially affect an existing paid engagement, the terms accepted when that engagement was confirmed will generally continue to apply unless:
- the change is legally required;
- you agree otherwise; or
- continued application is impracticable.
Governing law
These Terms are governed by the laws of Queensland, Australia.
The parties submit to the courts of Queensland and any courts entitled to hear appeals from them.
Nothing in this clause prevents you from exercising rights available under applicable consumer law.
Dispute resolution
Before commencing formal proceedings, the parties should attempt to resolve a dispute in good faith.
Please send a written complaint to [COMPLAINTS EMAIL] containing:
- your name;
- the relevant order or submission;
- the issue;
- the outcome sought; and
- supporting material.
We will aim to acknowledge the complaint within [5] business days and provide a substantive response within a reasonable period.
This clause does not prevent either party from seeking urgent relief or using a consumer-protection process available by law.
Contact
- DarkStellar / [LEGAL ENTITY NAME]
- ABN: [ABN]
- Email: [CONTACT EMAIL]
- Address: [ADDRESS OR STATE, AUSTRALIA]
