Terms & Conditions, Risk Disclosure and Data Policy

1. Agreement and business details

These Terms and Conditions form a legal agreement between you and Sodhi Family Pty Ltd trading as MT5 Simulator ("MT5 Simulator", "we", "us" or "our").

These Terms govern your access to and use of our website, software, customer account, licence activation, historical market data, documentation, support and related services (together, the "Service").

By creating an account, purchasing a plan, clicking an acceptance box, downloading or activating the software, or using the Service, you agree to these Terms.

Our Privacy Policy, Refund Policy and any product-specific terms clearly displayed and accepted at checkout also form part of this agreement.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract.

You must provide accurate, current and complete purchase and account information.

Where you accept these Terms for an organisation, you confirm that you have authority to bind that organisation.

3. The Service

MT5 Simulator provides market simulation, replay, back-testing, practice, research and educational tools designed for use with MetaTrader 5 and historical market data.

The Service is not a live trading account, broker, exchange, financial adviser, fund manager or trading signal service. We do not receive, hold, transmit or manage customer trading funds.

The features included in a plan are those described on the product page and at checkout at the time of purchase.

4. Plans, billing and prices

We may offer Monthly, Yearly and Lifetime Plans. Current prices, billing currency, taxes and included features are displayed on the relevant product page and at checkout before payment.

The Monthly Plan automatically renews each month until cancelled.

The Yearly Plan automatically renews each year until cancelled.

The Lifetime Plan is a one-time purchase and is subject to the definition and limitations in section 5.

We may change prices for future purchases at any time. A price change for an existing Monthly or Yearly Plan will apply only after reasonable advance notice and to a renewal occurring after the notice period. You may cancel before the new price takes effect.

Your bank, card issuer or payment provider may charge separate currency-conversion, international transaction or other third-party fees. Those fees are not charged or controlled by us.

5. Lifetime Plan - meaning and product closure

"Lifetime" means the commercial lifetime of the MT5 Simulator product. It does not mean your lifetime, the lifetime of a device, or a guarantee that the product, company, servers, activation systems, support, historical data services or software will operate forever.

The Lifetime Plan gives you a limited licence to use the software version and related features made available under that plan for the commercial lifetime of the MT5 Simulator product, subject to these Terms.

A Lifetime Plan does not give you ownership of the software, source code, servers, business, intellectual property or third-party datasets.

Technology changes, third-party platform changes, legal requirements, cybersecurity risks, insolvency, loss of essential suppliers or commercial circumstances may make continued operation impracticable or impossible.

If MT5 Simulator or the core product permanently closes or is discontinued, online access, licence activation, hosted features, support, future updates and future data services may end.

Where reasonably practicable and lawful, we will use reasonable efforts to provide advance notice and may offer a transition period, final download, offline-access option or other practical assistance. We do not guarantee that a particular transition option will be technically, commercially or legally available.

After the 5-day money-back guarantee has expired, no automatic full or pro-rata refund is payable solely because the product or business later closes, is discontinued, enters external administration or cannot continue operating, except where a refund or other remedy is required by the Australian Consumer Law or another applicable law.

If Sodhi Family Pty Ltd enters external administration or liquidation, any customer claim will be dealt with under applicable insolvency law and the directions of the appointed administrator or liquidator. These Terms do not guarantee that funds will be available to satisfy customer claims.

These Terms do not retrospectively remove a material benefit already purchased. A customer who bought a Lifetime Plan under earlier terms may also have rights arising from the wording and representations applying when that purchase was made.

6. Five-day money-back guarantee

In addition to rights that cannot be excluded by law, we provide a voluntary 5-calendar-day money-back guarantee for a customer's first purchase of a Monthly, Yearly or Lifetime Plan.

To request a refund, email info@mt5simulator.com within 5 calendar days after the date and time of the first payment and include the account email address and order number.

The guarantee applies to the first plan payment only. It does not automatically apply to Monthly or Yearly renewal payments, repeat purchases, replacement accounts, reactivated subscriptions, plan upgrades or purchases reasonably identified as an attempt to obtain repeated guarantee periods.

We will not refuse an otherwise eligible request merely because you downloaded, activated or reasonably tested the Service during the 5-day period.

An eligible refund will be returned to the original payment method without unreasonable delay. Payment-provider processing times are outside our control.

When a refund is approved, the relevant plan will be cancelled and access may end immediately.

The 5-day guarantee is an additional voluntary promise. It does not replace, limit or shorten any right or remedy under the Australian Consumer Law or another applicable law.

7. Subscription renewal and cancellation

Monthly and Yearly Plans automatically renew until cancelled. You authorise us and our payment processor to charge your chosen payment method for the initial payment and each renewal.

You may cancel at any time. No 30-day notice is required.

To prevent the next renewal, cancel before the next billing charge is processed through any available account facility or by emailing info@mt5simulator.com from the account email address.

After cancellation, access ordinarily continues until the end of the period already paid for. Except under the 5-day guarantee or where required by law, cancellation does not create a pro-rata refund for an unused part of a Monthly or Yearly billing period.

If payment fails, we may make reasonable further attempts, notify you and suspend access while the amount remains unpaid.

8. Australian Consumer Law and mandatory rights

Where the Australian Consumer Law applies, our goods and services come with guarantees that cannot be excluded.

Depending on the circumstances, you may be entitled to repair, replacement, re-supply, refund, cancellation or compensation if the Service fails to comply with an applicable consumer guarantee.

Any statement that a change-of-mind refund is unavailable after the 5-day guarantee, or that liability is limited, applies only to the extent permitted by law.

9. Account security and software licence

You are responsible for maintaining the confidentiality of account credentials, licence keys and activation details and for notifying us promptly of suspected unauthorised access.

We grant you a limited, non-exclusive, non-transferable and non-sublicensable licence to use the Service for your own internal personal or business simulation, practice, education and research purposes.

Monthly and Yearly Plan licence rights operate only while the relevant subscription is active and paid. Lifetime Plan licence rights operate only for the commercial lifetime of the product and subject to section 5.

Account, device and activation limits are those displayed on the product page, at checkout, in the licence email or in current documentation. You must not exceed or circumvent them.

10. Orders and payment processing

An order is accepted when payment is successfully processed and we issue confirmation or provide access.

Payments may be processed by Stripe or another disclosed provider under that provider's terms and privacy policy.

We may decline or cancel an order where reasonably necessary because of suspected fraud, sanctions, illegality, technical duplication, payment error or an obvious pricing error. Where payment has been taken and the order is cancelled, we will refund it unless the law permits otherwise.

11. Compatibility and customer responsibilities

Before purchasing, you are responsible for checking the published device, operating system, hardware, MetaTrader 5 and other compatibility requirements.

You are responsible for your compatible device, internet connection, MetaTrader installation, third-party broker platform, storage, security software and backups.

Compatibility may be affected by operating system changes, MetaTrader changes, broker restrictions, virtual machines, security products and third-party services outside our reasonable control.

12. Updates, maintenance and changes to the Service

We may release fixes, patches and compatibility updates and may perform scheduled or emergency maintenance.

We may modify a feature where reasonably necessary for security, legal compliance, compatibility, performance or legitimate business operations. We will give reasonable notice of a material adverse change where practicable.

We will not rely on this section to retrospectively remove a material paid benefit without a reasonable basis or to exclude a remedy required by law.

13. Acceptable use

You must use the Service lawfully, honestly and in accordance with these Terms.

• Do not copy, resell, rent, sublicense or distribute the software, licence keys, protected datasets or customer account to an unauthorised person.
• Do not decompile, disassemble, reverse engineer or attempt to discover source code, except to the limited extent a law expressly permits and cannot be excluded.
• Do not circumvent licence validation, account limits, device limits, access controls, authentication or security measures.
• Do not upload malware, interfere with systems, scrape the Service or make excessive automated requests.
• Do not use the Service to infringe intellectual property, privacy or other rights, deceive another person or commit an unlawful act.
• Do not misrepresent an affiliation with MT5 Simulator or make unauthorised promises on our behalf.

14. Intellectual property

We and our licensors retain all rights, title and interest in the Service, including software, code, interfaces, designs, branding, videos, text, documentation and datasets.

Nothing in these Terms transfers ownership of our intellectual property to you.

Reasonable use of screenshots, journals and outputs for your own analysis and educational records is permitted, provided that protected software, licence keys and datasets are not distributed.

15. Third-party services and links

MetaTrader 5, brokers, payment processors, operating systems, virtualisation products, cloud providers, data providers and external websites are independent third-party products or services and may have separate terms.

We do not control a third party's independent conduct, outage, product change, restriction or policy. This does not exclude any responsibility we have for our own representations or legal obligations.

You should review the applicable third-party terms before using those products or services.

16. Feedback and user submissions

You remain responsible for material you submit to us and must not submit unlawful, infringing, malicious, defamatory or misleading material.

Where you voluntarily provide feedback or suggestions about the Service, you grant us a non-exclusive, worldwide, royalty-free right to use that feedback to improve, market and operate the Service. This does not transfer ownership of your confidential information or personal information.

17. Privacy

Our Privacy Policy explains how we collect, use, store and disclose personal information. By using the Service, you acknowledge that your personal information will be handled in accordance with that policy and applicable law.

18. Availability, suspension and termination

We do not promise that the Service will always be uninterrupted or error-free. Temporary interruptions may occur because of maintenance, faults, internet or provider outages, security incidents or circumstances beyond our reasonable control.

We may suspend or restrict access where reasonably necessary to investigate fraud, security threats, unlawful conduct, payment failure, licence misuse or a material breach of these Terms.

Where the issue can reasonably be corrected, we will ordinarily provide notice and a reasonable opportunity to correct it before permanent termination. Immediate action may be taken where reasonably necessary for security, fraud prevention, illegality or protection of users and systems.

You remain responsible for amounts properly incurred before termination. Termination does not affect rights and obligations that arose before termination.

19. Disclaimers and limitation of liability

Subject to rights and liabilities that cannot lawfully be excluded, the Service is provided on an "as available" basis and may be affected by data limitations, third-party systems, technical faults and compatibility changes.

We do not guarantee trading profits, a particular performance result, uninterrupted availability, compatibility with every broker or device, or that every error will be corrected immediately.

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the agreement was made. This does not apply to fraud, wilful misconduct, infringement of intellectual property rights, breach of confidentiality, or liability that cannot lawfully be excluded.

Where the law permits us to limit a remedy for a service failure, our liability may be limited, at our option, to supplying the affected service again or paying the reasonable cost of having it supplied again. This limitation does not apply where it would be unfair, unreasonable or unlawful in the circumstances.

20. Indemnity

You indemnify MT5 Simulator against third-party claims, losses and reasonable costs to the extent directly caused by your unlawful use of the Service, your infringement of another person's intellectual property rights, or your material breach of these Terms.

This indemnity does not apply to the extent that the claim or loss was caused or contributed to by MT5 Simulator.

21. Complaints and support

For support, billing enquiries, cancellations, refund requests or complaints, contact info@mt5simulator.com.

Please provide your account email address, order number and a clear description of the issue. We will review the matter and respond within a reasonable time.

Nothing in this section prevents you from exercising any right to contact a consumer protection body, regulator, tribunal or court.

22. Changes to these Terms

We may update these Terms where reasonably necessary to reflect changes in law, security, technology, payment methods, business operations or the Service.

We will give reasonable advance notice of a material adverse change affecting an existing customer where practicable. Material changes operate prospectively and do not retrospectively remove a material benefit already purchased unless required by law.

Where you do not accept a material adverse change to a Monthly or Yearly Plan, you may cancel before the change takes effect.

23. Governing law and general provisions

These Terms are governed by the laws of New South Wales, Australia, and applicable Commonwealth laws. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales and the Commonwealth of Australia.

Nothing in this section limits a mandatory right under a law applying where you reside or acquire the Service.

If a provision is invalid or unenforceable, it will be read down or severed to the minimum extent necessary and the remaining provisions continue.

A failure or delay in enforcing a right is not a waiver of that right.

24. Contact information

Sodhi Family Pty Ltd trading as MT5 Simulator

Email: info@mt5simulator.com

Website: https://mt5simulator.com

1. Historical coverage

Historical coverage varies by instrument, symbol, provider, broker convention and data source. Date ranges may extend to the early 2000s for some instruments, but no single starting date is guaranteed for every instrument.

Available instruments and date ranges are those shown in the Service, product page or support information at the relevant time.

2. Data differences and accuracy

Historical data may contain gaps, corrections, differing prices, timestamps, spreads, daylight-saving adjustments or other variations compared with a particular broker or live market feed.

We use reasonable care in sourcing and delivering data but do not promise that every dataset will be complete, uninterrupted, error-free or suitable for a specific broker, strategy or live trading decision.

3. Monthly and Yearly Plan data access

While a Monthly or Yearly Plan is active and paid, you may access the historical data and updates that we make available as part of that plan.

Cancellation or expiry may end online access to data and updates at the end of the paid period.

4. Lifetime Plan data access

Lifetime Plan data access operates only for the commercial lifetime of the MT5 Simulator product and is subject to section 5 of the Overview.

The Lifetime Plan does not guarantee that every future instrument, provider, dataset, update or release will be supplied forever unless the product page expressly states that it is included at the time of purchase.

5. Downloads and backups

Where downloading is enabled, you are responsible for downloading permitted files, storing them securely and maintaining backups.

We do not guarantee that replacement downloads or online access will remain available after cancellation, account termination, product closure or discontinuation.

6. Corrections and provider changes

We may correct, replace or update datasets and may change providers where reasonably necessary. A revised dataset may produce different simulation results.

7. Third-party restrictions

Data access and use may be subject to third-party licence restrictions. You must not redistribute, resell, publish or make protected historical datasets available to unauthorised persons.

8. Remedies

A general statement that data may vary does not remove a remedy required by law where data or the Service materially fails to match an express description or applicable consumer guarantee.