Terms of ServiceYour agreement with PineTester

1. Scope and parties

These Terms of Service ("Terms") govern your access to and use of the PineTester web application available at https://www.pinetester.io (including any subdomains) and related services (collectively, the "Service"). We may operate the Service under additional domains or URLs from time to time, and these Terms also apply to such access and use. The Service is provided by the operator of PineTester ("we", "us"), whose details are set out in the Legal Notice / Imprint.

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

These Terms are intended for consumers (B2C). If you use the Service as an entrepreneur, additional or different terms may apply.

2. Service description

PineTester is a technical backtesting tool for Pine Script strategies that can run on TradingView. PineTester is an independent product and is not affiliated with, sponsored by, or endorsed by TradingView in any way.

The Service enables you to:

• Upload your own Pine Script strategies in text form.
• Automatically detect and list input parameters contained in your script.
• Define parameter ranges and combinations you want to have backtested.
• Run backtests of those parameter combinations on our infrastructure and view and export resulting performance metrics (KPIs).

Backtests are executed on a Python engine which converts Pine Script and runs on Google Cloud Platform (GCP) using Batch jobs. Start time and runtime of Batch jobs can vary; therefore, we cannot guarantee exact execution times, but we generally aim to finish backtests within approximately six hours after they are started.

3. No affiliation with TradingView

PineTester is a standalone product and has no legal, economic, or organizational relationship with TradingView. Any reference to TradingView is solely for describing the technical use case (strategies that can be run on TradingView).

You are solely responsible for complying with TradingView's terms and conditions and the terms of any other third-party providers, including with respect to using your Pine Scripts outside of TradingView. We do not assume any responsibility for violations of third-party terms caused by your use of PineTester.

4. Registration, account and credits

Using the Service requires registration and an account. Upon successful registration, you automatically receive a free trial subscription and a complimentary credit balance of 5,000 credits.

Credits represent your entitlement to run backtests. The conversion between parameter combinations and credits is not fixed and may be adjusted by us from time to time in order to ensure sustainable operation of the Service. The currently applicable conversion rule (e.g. 1 parameter combination = 1 credit or 750 parameter combinations = 1,000 credits) is displayed in the App before a backtest is created and applies to all backtests started after the change becomes effective.

• Each backtest consumes credits based on the then-current conversion rule between parameter combinations and credits.
• When creating a backtest, you define the number of parameter combinations to be tested. When the backtest is started, the corresponding number of credits is deducted from your credit wallet according to the conversion rule displayed in the App at that time.

You may purchase a subscription plan. Depending on the selected plan, you receive a specific number of credits per month. Once your monthly credits are used up, you may purchase additional one-off credit packages as shown in the App. Prices, the number of credits included in subscription plans and credit packages, and the conversion rule between parameter combinations and credits may be adjusted by us for future purchases and future usage at any time, with such changes only applying prospectively.

Unless the Service explicitly states otherwise, credits are a feature of the Service (a usage unit) and are not legal tender and not a separate financial product.

5. Subscriptions, payments and cancellation

Subscriptions are billed on a recurring basis (e.g. monthly) as indicated in the app and renew automatically unless you cancel them via your account settings. Payments are processed through our payment provider (e.g. Stripe) and are subject to that provider's terms in addition to these Terms.

Fees already charged for subscription periods and purchased credits are generally non-refundable, unless a mandatory legal refund right applies or we expressly agree otherwise.

6. Credits, failed jobs and discontinuation of the Service

Credits are consumed when you start a backtest. If a backtest job is aborted due to a technical error attributable to us, we will, after internal review, re-credit the affected credits to your account. This does not apply where the failure is caused by your script, invalid parameters, or external factors outside our control.

We may modify or discontinue the Service or individual features at any time with effect for the future. In the event of a full shutdown of the Service, any remaining credits may expire. Refunds are only granted if and to the extent required by mandatory law.

7. Technical limitations and no guarantee of results

To execute backtests, your Pine Script is converted on our machines and run on our GCP infrastructure. We do not guarantee that this conversion works flawlessly in all cases or that all Pine Script features are implemented identically.

You are solely responsible for ensuring that your Pine Script is syntactically correct and functions as intended in TradingView before using it in PineTester. Differences between results in PineTester and TradingView may occur due to differences in data, execution details, conversion, time zones, rounding rules, or implementation. We do not provide any warranty that PineTester's backtest results will match TradingView results.

8. No investment advice and no trading execution

PineTester provides only technical functionality to backtest strategies based on your Pine Scripts. We do not provide any investment, financial, legal, or tax advice.

All strategies, KPIs, backtest results and other information obtained from the Service are for research and educational purposes only and do not constitute a recommendation or solicitation to buy, sell, or hold any financial instrument. You make all trading and investment decisions at your own risk.

9. Data processing and storage

Your uploaded Pine Scripts are stored in our database (Supabase/PostgreSQL) to allow us to run backtests and keep historical results. Backtest result data and generated export files (e.g. Excel / .xlsx) are stored in Google Cloud Storage in the regions used by our GCP setup.

Details on the processing of personal data, retention periods, and your data subject rights are set out in our separate Privacy Policy. You are responsible for ensuring that you do not store personal data in scripts or backtest configurations unless this complies with applicable data protection laws.

10. Exports and downloads (XLSX)

The Service may generate and provide export files (for example, XLSX) based on your scripts, configuration and the results produced by the Service.

We do not guarantee that exports are compatible with any specific third-party software (including spreadsheet programs, versions, plugins, macros, or settings), or that exports will be error-free, complete, or suitable for any particular purpose.

You are responsible for safely handling and checking downloaded files on your device (e.g., using appropriate security software and keeping your operating system and applications up to date).

11. Data retention; backups; data loss

We may store your scripts, backtest configurations, backtest results and export files to provide the Service and to allow you to access past work within the Service.

Unless explicitly stated otherwise in the Service, we do not guarantee indefinite retention of backtest results or exports. You are responsible for keeping your own backups of any results that are important to you.

In case of data loss, the limitation of liability in Section 15 applies.

12. Digital products (consumers); updates

Where applicable, the Service is a digital service / digital product provided to consumers within the meaning of §§ 327 et seq. German Civil Code (BGB).

We will provide updates, including security updates, that are necessary to maintain contractual conformity of the Service during the relevant period, and we will inform you about such updates as required by applicable law (including § 327f BGB).

If an update requires action on your side (e.g., updating your browser, operating system, or other software), you are responsible for taking reasonable steps to install and use such updates. This does not limit your mandatory statutory consumer rights.

13. Availability and service levels

The Service runs on cloud infrastructure (including GCP, Vercel and Supabase). We aim to provide a stable and performant Service but do not guarantee any specific uptime or exact execution times, especially as we use spot resources for backtests.

Maintenance, updates, incidents at our providers or other events may temporarily affect availability. To the extent permitted by law, such limitations do not constitute defects and do not give rise to claims for damages or refunds, unless we have expressly agreed on service levels that are not met.

14. Acceptable use

You may only use the Service in compliance with applicable law and these Terms. In particular, you must not:

• Use the Service to develop or execute illegal strategies (e.g. market manipulation or insider trading).
• Overload, disrupt or abuse the infrastructure (for example through automated mass backtests with no real use case).
• Attempt to circumvent technical or security measures, or reverse engineer internal components beyond what is permitted by applicable law.

We may suspend or terminate accounts if you violate these obligations or if there is a reasonable risk of abuse.

15. Disclaimer of warranties and limitation of liability

The Service is provided on an "as is" and "as available" basis, without any warranty as to accuracy, completeness, or fitness for a particular purpose.

To the maximum extent permitted by law, we are not liable for:

• Lost profits, trading losses, or other financial damages resulting from use or non-use of the Service.
• Indirect, incidental, special, or consequential damages.
• Errors, inaccuracies, or delays in backtest results caused by third-party data, Pine conversion, faulty scripts, or external infrastructure issues.
• Damage to your devices, hardware, software, local environment, or data resulting from your use of the Service or from downloading, opening, processing, or importing export files (Excel / .xlsx), except where mandatory statutory liability applies.

Mandatory statutory liability, in particular for intent, gross negligence, and injury to life, body or health, remains unaffected.

In the case of simple negligence, we are liable only for damages resulting from a breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on which you may regularly rely), and such liability is limited to the typical foreseeable damage.

In all other cases, our liability is, to the extent permitted by law, limited to the typical foreseeable damage and capped at the total fees you paid for the Service in the twelve (12) months preceding the event giving rise to the claim.

16. Term, termination and changes

These Terms apply for as long as you use the Service and/or have an active account. You may terminate your use at any time by cancelling your subscriptions and closing your account.

We may terminate this agreement or your access to the Service with reasonable notice or, in case of serious breaches, with immediate effect. In case of a full shutdown of the Service, your remaining credits may expire; refunds are only granted where required by mandatory law.

We may amend these Terms from time to time. We will inform you about material changes via the app or by email. If you continue to use the Service after such changes become effective, you are deemed to have accepted the updated Terms.

17. Governing law and jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany. If you are a consumer, mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

If you are a consumer and have your habitual residence in the European Union (EU), the European Economic Area (EEA) or Switzerland, you may bring claims in connection with these Terms either (i) in the courts of your place of residence or (ii) in the courts at our registered seat (Hanau, Germany). We may bring claims against you only in the courts of your place of residence, unless mandatory law provides otherwise.

If you access or use the Service from outside the EU/EEA/Switzerland, the courts at our registered seat (Hanau, Germany) shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms or the Service, to the extent permitted by applicable law.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid one that comes closest to the economic intent of the original provision.