01Acceptance of these terms
By accessing scalpear.com, downloading the free demo, purchasing a licence or using the Scalpear Expert Advisor ("EA"), you confirm that you have read, understood and agree to this Disclaimer, together with our Terms of Service and Privacy Policy, and that you accept the risks described here.
If you do not agree, please do not use our website, software or services.
02High risk warning
Trading foreign exchange (forex), gold (XAUUSD) and other leveraged products such as CFDs carries a high level of risk and may not be suitable for all investors. The market is highly speculative and prices can move quickly and unpredictably.
- Leverage works both ways. It can magnify losses as well as gains, and a small price movement can have a large effect on your account.
- You can lose some or all of your deposit. Depending on your broker and jurisdiction, losses could in some circumstances exceed your deposit.
- Gold can be especially volatile, particularly around economic news, at market open and during periods of low liquidity.
- Margin calls and stop-outs can close your positions automatically at unfavourable prices.
Never trade with money you cannot afford to lose, borrowed money, or funds you need for essential living expenses.
03No financial advice
Scalpear provides trading software and educational and informational content. Nothing on this website, in our software, guides, ebooks, videos, emails, support replies or social media is financial, investment, legal or tax advice, or a recommendation to buy or sell any financial instrument.
Our content does not take into account your personal objectives, financial situation or needs. Before trading, consider seeking advice from an independent, appropriately licensed financial adviser, especially if you are unsure whether you can manage the risks involved.
04Regulatory status
Scalpear is a software provider. We are not a broker, dealer or investment firm, and we are not registered or licensed as an investment adviser or portfolio manager with any financial regulator.
- We do not hold, receive or manage client funds.
- We do not have access to, or trade on, your trading account.
- We do not execute trades on your behalf. The EA runs in your own MetaTrader terminal, under your control.
Your relationship for trading purposes is with your broker, which is responsible for executing your orders and holding your funds.
05No guarantee of profit
We do not guarantee any profit, any specific return, or that you will avoid losses. Results vary from user to user and from period to period. Any statement on our website about potential performance, risk-to-reward settings or strategy behaviour describes how the software is designed to work, not an outcome you will achieve.
The EA will have losing trades and losing periods, including consecutive losses and drawdowns.
06Past & hypothetical performance
Past performance is not indicative of future results. Historical data, statistics, screenshots, account tracking (such as Myfxbook) and calculators are provided for educational and informational purposes only.
Backtests and simulations
Backtested, simulated and hypothetical results have inherent limitations. They are prepared with the benefit of hindsight, do not represent actual trading, and may not reflect real-world factors such as variable spreads, slippage, commissions, swaps, execution delays, liquidity or the psychological pressure of trading real money. No representation is made that any account will or is likely to achieve results similar to those shown. Actual results often differ materially from hypothetical results.
Demo and live results
Results on demo accounts may differ from live results because of differences in execution and liquidity. Live results from one account, broker or period may not be repeated in another.
Calculators
Our calculators and simulators rely on the inputs you provide and simplified assumptions. They are illustrations, not forecasts.
07Automated trading & technical risks
Automated trading carries risks beyond those of manual trading. The EA's performance depends on technology that may fail or behave unexpectedly, including:
- Software errors, bugs or unexpected behaviour in the EA, including after updates
- MetaTrader platform issues, terminal crashes or incorrect settings
- Internet, power, computer or VPS outages and latency
- Broker server problems, disconnections or data feed errors
- Conflicts with other EAs, scripts or indicators running on the same account
These events can result in missed trades, unintended trades, or positions remaining open longer than expected. You are responsible for monitoring your account and the EA regularly. We strongly recommend testing on a demo account before trading live, and again after any update or settings change.
08Broker & execution risks
Your results depend heavily on your broker. Spreads, commissions, swaps, slippage, requotes, execution speed, contract specifications, minimum lot sizes, leverage limits and trading hours vary between brokers and over time. The same EA with the same settings can produce different results on different brokers or account types.
Choosing a broker, and confirming it is properly regulated and suitable for you, is your own responsibility. Any broker we mention is not an endorsement, and we are not responsible for any broker's actions, solvency or execution.
09Your responsibility
You are solely responsible for your investment and trading decisions, for the settings and risk levels you choose, and for any resulting gains or losses. Before using Scalpear on a live account, you should:
- Assess your financial situation, experience and tolerance for risk
- Understand how leverage, margin and position sizing work
- Only risk capital you can afford to lose without affecting your financial wellbeing
- Test the EA on a demo account with your own broker
- Follow our setup guide and use risk settings appropriate to your account
10Software provided "as is"
To the fullest extent permitted by law, the Scalpear EA, website and all related materials are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not warrant that the software will be error-free, uninterrupted, compatible with every broker or platform version, or that it will meet your expectations.
11Limitation of liability
To the fullest extent permitted by law, Scalpear and its owners, team members and partners shall not be liable for any trading losses, lost profits, loss of data, or any indirect, incidental, special or consequential damages arising from your use of, or inability to use, our software, website or content, even if advised of the possibility of such losses.
Where liability cannot be excluded, our total liability to you for any claim is limited to the amount you paid us for the licence concerned.
Nothing in this Disclaimer excludes or limits any liability, or any rights you have as a consumer, that cannot be excluded or limited under applicable law.
12Refund policy
We offer a 30-day refund policy on the Gold Live licence under the following conditions. To be eligible, you must:
- Provide an installation recordshowing how Scalpear V2 was installed on your MetaTrader platform.
- Use the recommended settingsexactly as set out in our setup guide.
- Request the refund within 30 days of purchasethrough our support page, with the reason for your request.
Refund requests are reviewed individually and are subject to approval. We may decline requests that don't meet these conditions. Trading losses are not by themselves grounds for a refund.
This policy does not affect any statutory rights you may have under applicable consumer law.
13Affiliate & third-party links
Some links on our website, including links to brokers and trading tools, are affiliate or referral links. If you sign up or purchase through them, we may receive a commission at no extra cost to you. This does not change our recommendations, but you should be aware of this potential conflict of interest.
Third-party websites and services are not under our control. We are not responsible for their content, accuracy, policies or practices, and a link does not imply endorsement.
14Trademarks
MetaTrader, MetaTrader 4 and MetaTrader 5 are trademarks of MetaQuotes Ltd. Myfxbook, Stripe, TradingView and broker names mentioned on this website are trademarks of their respective owners. Scalpear is not affiliated with, endorsed by or sponsored by any of these companies.
15Age restriction
Our services are intended only for people aged 18 or older, or the age of majority in their jurisdiction if higher. By using our services you confirm that you meet this requirement. We do not knowingly collect personal information from anyone under 18, and if we learn that we have, we will delete it as quickly as possible.
16Local laws & restrictions
Our website and software are not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. Some jurisdictions restrict leveraged trading or automated trading. You are responsible for making sure your use of Scalpear complies with the laws that apply to you.
17Taxes
You are responsible for any taxes, duties or reporting obligations that arise from your trading activity or purchases. We do not provide tax advice. Consult a qualified tax professional in your jurisdiction.
18Changes to this disclaimer
We may update this Disclaimer from time to time. The "Last updated" date at the top shows when it was last revised. Changes take effect when published on this page, and your continued use of our services after that means you accept the updated version.
19Contact us
If you have questions about this Disclaimer, or want to request a refund, please contact us through our support page.
In short: trade responsibly, test on demo first, and never risk money you can't afford to lose.