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Terms of Service

Effective Date: July 14, 2026 Last Updated: July 14, 2026

1. Acceptance of Terms

These Terms of Service govern your access to and use of NEWDAY. By creating an account, accessing, or using NEWDAY, you agree to these Terms, our Privacy Policy, Disclaimer, Cancellation and Refund Policy, and Cookie Policy.

If you do not agree, you must not use the platform.

2. Eligibility

You must be at least 18 years old and legally able to enter a binding agreement to use NEWDAY. NEWDAY does not currently operate a separate age-verification system, so you are responsible for ensuring that you meet this requirement.

3. Account Registration and Security

You agree to provide accurate and current account information. Your account is personal and non-transferable. You must keep your password, session, and account access confidential, and you must not share your credentials with anyone else.

You should notify NEWDAY promptly if you suspect unauthorized access to your account. To the extent permitted by law, you are responsible for activity conducted through your account.

4. Platform Purpose

NEWDAY is an educational historical simulation and backtesting platform for SPY, QQQ, and IWM options and underlying market data. NEWDAY is not a broker, exchange, investment adviser, or trading venue.

NEWDAY does not execute orders, hold customer funds, provide custody services, issue trading signals, or provide personalised financial advice.

5. Limited Licence and Permitted Use

Subject to these Terms, NEWDAY grants you a limited, revocable, non-exclusive, non-transferable licence to access the platform for your own personal, non-commercial educational use through the normal NEWDAY interfaces.

No ownership in NEWDAY software, content, data compilation, branding, or platform materials is transferred to you.

6. Prohibited Conduct

  • Sharing accounts, credentials, sessions, or paid access.
  • Creating accounts to bypass restrictions, trials, rate limits, or access controls.
  • Scraping, crawling, bots, automated mass extraction, or systematic copying of platform data.
  • Copying, redistributing, reselling, or sublicensing datasets or platform access.
  • Reverse engineering, decompiling, or attempting to derive source code or non-public platform logic.
  • Bypassing security, authentication, entitlement, rate-limit, or technical controls.
  • Interfering with servers, networks, security, availability, or platform operation.
  • Using NEWDAY for fraud, unlawful activity, or unauthorized access.
  • Using NEWDAY to create a competing dataset or substantially similar commercial product.
  • Uploading or transmitting malicious code.

Ordinary screenshots for your private educational reference are not prohibited by this section, provided you do not redistribute platform data or misuse third-party content.

7. Intellectual Property

The NEWDAY interface, software, design, compilation, branding, and original platform content are protected by intellectual property laws. Third-party data and content remain owned by their respective providers or rights holders.

You receive no licence beyond the limited platform use described in these Terms.

8. Market Data and Third-Party Content

Historical market data displayed by NEWDAY may originate from or depend on third-party providers, exchanges, or data sources. Provider availability, permissions, data coverage, and terms may change.

Market data may contain errors, omissions, adjustments, missing records, timing differences, or sequence differences. NEWDAY does not guarantee accuracy, completeness, sequence, or uninterrupted availability of market data.

You may not redistribute, resell, sublicense, or systematically extract platform data. NEWDAY does not claim ownership of exchange or vendor data.

9. Simulated and Hypothetical Results

Backtests and simulations use historical data and modelling assumptions. They benefit from hindsight and do not reproduce every live-market condition.

Transaction costs, liquidity, slippage, fills, latency, order availability, volatility, and user psychology may differ materially in real trading. Past or hypothetical performance does not guarantee future results.

10. Subscriptions, Trials and Renewals

Subscriptions are billed in US dollars at US$29/month unless otherwise shown at checkout. Payments are processed by Stripe. A subscription may renew automatically until canceled.

Seven-day trial availability is subject to eligibility. Unless NEWDAY states otherwise, each eligible user or account may use one trial. Cancellation prevents future renewal. If you cancel without receiving a refund, paid access generally continues until the end of the current paid billing period.

Refunds are handled under our Cancellation and Refund Policy.

11. Refunds

Our refund terms are set out in the Cancellation and Refund Policy. Nothing in these Terms excludes rights or remedies that cannot be excluded under Australian Consumer Law or other applicable consumer protection laws.

12. Availability and Changes

Maintenance, outages, feature changes, data changes, or provider interruptions may occur. NEWDAY may modify, suspend, or discontinue features, subject to any notice required by applicable law.

13. Suspension and Termination

NEWDAY may suspend or terminate access where there is misuse, fraud, a security risk, a legal request, unauthorized redistribution or scraping, or a serious breach of these Terms. You may stop using the service and cancel your subscription at any time.

Self-service account deletion is not currently promised. Privacy and deletion requests can be sent to the contact address below.

14. Third-Party Services and Links

NEWDAY may rely on third-party services such as Stripe, analytics providers, email delivery, infrastructure providers, fonts, and content delivery resources. Third-party terms and privacy policies may apply to those services. NEWDAY is not responsible for unrelated third-party websites.

15. Disclaimers

The Disclaimer forms part of these Terms. To the extent permitted by law, NEWDAY is provided for educational and simulation use without guarantees of trading outcomes, market-data accuracy, or uninterrupted availability. Nothing in these Terms excludes non-excludable consumer rights.

16. Limitation of Liability

To the extent permitted by law, NEWDAY is not liable for indirect or consequential losses, trading losses, lost profits, lost opportunities, or losses arising from reliance on simulations, backtests, data, or platform availability. Rights that cannot legally be excluded are preserved.

17. Indemnity

Subject to applicable law, you are responsible for losses or claims arising from your unlawful use of NEWDAY, infringement of rights, unauthorized redistribution of platform data, or serious breach of these Terms.

18. Governing Law

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have jurisdiction, while any mandatory consumer rights in other jurisdictions remain preserved.

19. Changes to Terms

NEWDAY may update these Terms by posting a revised version with updated dates. Material changes may be notified where appropriate. Continued use after changes become effective constitutes acceptance where legally permitted.

20. Contact

Questions about these Terms can be sent to info@newdayapp.net.