Terms of Service

1. Acceptance of Terms

By accessing or using OpenWaters Trading ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

OpenWaters Trading provides a backtesting platform for trading strategies using historical market data. The Service includes:

• Strategy backtesting and optimization tools
• Historical market data access
• Performance analytics and reporting
• User-created marketplace listings for strategy configurations and research packages
• Optional broker API integrations for approved paper deployment features

Public paid plans are for research and backtesting. Paper Trading Beta is request-only. Live-capital deployment is not included in public tiers and remains limited to an owner-only pilot while it is hardened.

3. User Accounts

To use the Service, you must:

• Be at least 18 years old
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Be responsible for all activity under your account

4. Financial Disclaimer

5. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose
• Attempt to gain unauthorized access to our systems
• Reverse engineer or copy our software
• Share your account credentials with others
• Use automated scripts to scrape data (except through official APIs)
• Resell or redistribute our data or services

6. API Integrations

If you connect third-party broker accounts:

• You are responsible for the security of your API keys
• We encrypt API keys but cannot guarantee absolute security
• You authorize the Service to send broker instructions on your behalf when using enabled automated trading features
• You assume all risk associated with automated trading, broker API behavior, order routing, fills, rejections, outages, latency, and account restrictions
• You are responsible for reviewing broker permissions, account type, paper/live status, margin settings, short-selling permissions, and buying power before enabling a deployment
• We are not liable for losses resulting from API integrations or automated trades

Live-capital deployment, where technically available, requires explicit in-app acknowledgement and owner-level access. Do not use any live-capital workflow unless you understand that it can result in real orders and real losses.

7. Data Accuracy

While we strive to provide accurate historical data, we do not guarantee:

• 100% accuracy of historical data
• Uninterrupted or error-free service
• Specific backtest results or performance outcomes

8. Intellectual Property

The Service and its original content, features, and functionality are owned by OpenWaters Trading and are protected by international copyright, trademark, and other intellectual property laws.

Your trading strategies and backtest configurations remain your intellectual property.

9. Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Extended period of inactivity
• Non-payment of fees (if applicable)

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENWATERS TRADING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR TRADING LOSSES. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, MARKET AVAILABILITY, BROKER AVAILABILITY, OR ERROR-FREE OPERATION.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Continued use after changes constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

13. Contact

Questions about these Terms? Contact us at:

Email: legal@leviathanlabs.org