Terms of Service

These Terms of Service (the “Terms”) are a contract between you and Shark Belly Industries LLC, a New Mexico limited liability company (“Shark Belly,” “we,” “us,” “our”). They cover your use of DAS Replay: the website at dasreplay.com (including the help center at dasreplay.com/support), the app at app.dasreplay.com, and every related desk, feature, email and share link (together, the “Service”).

Please read Section 14 carefully. Except where the law of your country says otherwise, it requires you to resolve disputes with us through binding individual arbitration. You waive the right to a jury trial and to take part in a class action. You can opt out within 30 days (Section 14.8).

These documents form part of these Terms:

Privacy Policy: what data we collect and how we use it.
Cookie Notice: cookies and similar technologies.
Risk & Simulated Performance Disclosure: the limits of simulated trading. Read it before you rely on anything you see in the Service.
Subscription, Cancellation & Refund Policy: full billing, renewal, cancellation and refund detail.
Trademark & Third-Party Notices: trademarks, non-affiliation statements and third-party software notices.
Founders Lifetime Terms: the extra terms for a Founders Lifetime seat. They form part of these Terms only for the account that bought a seat, and you accept them at checkout when you buy one.

If these Terms conflict with the Subscription, Cancellation & Refund Policy on a billing matter, that policy controls. If these Terms conflict with the Founders Lifetime Terms on a Founders Lifetime seat, the Founders Lifetime Terms control for that seat.

1. Agreeing to these Terms

In short: you accept these Terms by creating an account, buying a plan, or continuing to use the Service. You must be 18 or older, able to sign a contract, and not in a sanctioned country. One person per account.

1.1 How you accept

You accept these Terms by creating a DAS Replay account, by buying a paid plan or a Founders Lifetime seat, or by continuing to use the Service after these Terms take effect. Where we show you a box to tick, or a button that says you are agreeing, next to links to these Terms and the Privacy Policy, clicking it is also your agreement.

Existing accounts. If you created your account before these Terms were first published, these Terms apply to you from the date you accept them. We have emailed you these Terms and show a notice in the app. You accept them by buying a paid plan or a Founders Lifetime seat, and by continuing to use that paid plan afterwards. Until then, the terms that applied when you signed up keep applying to you, and the Section 15.2 statement that these Terms replace the beta terms applies to your account only from that moment.

If you visit our public pages without an account, these Terms still apply to that use. We do not, however, treat a visit alone as your agreement to arbitration or to any paid term.

1.2 Eligibility

To use the Service, you must:

be at least 18 years old and old enough to form a binding contract where you live;
not be located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions;
not be named on any U.S. government restricted-party list (for example, the OFAC Specially Designated Nationals list); and
not have had a DAS Replay account terminated by us for breaking these Terms, unless we have agreed in writing that you may return.

By creating an account, you confirm that all of these are true. If we learn that an account belongs to someone under 18, we will close it and delete their personal data as described in the Privacy Policy.

1.3 One person per account

Each account belongs to one individual. You may not create an account for, or in the name of, anyone else. You may not open several accounts to get extra trials, extra session allowances or other benefits.

2. What DAS Replay is, and what it is not

In short: DAS Replay is a training simulator that replays historical market data and simulates your fills. It places no real orders, holds no money, gives no advice and sends no signals. Nothing you achieve in it is a real trading result.

2.1 What it is

DAS Replay is training and education software. It replays recorded historical market data for the markets we support (currently U.S. equities, spot forex, spot gold and silver, and selected futures). You practise against that recorded data with a simulated account. When you place an order, our software estimates whether, when and at what price the order would have filled, using models of latency, queue position, depth and slippage. Every order, fill, position, balance, margin figure, borrow/locate and profit or loss in the Service is simulated.

Some of what you see is modelled rather than recorded. For example:

equities Level 2 depth beyond the inside quote, and market-maker IDs;
order latency;
borrow and locate availability and fees;
margin, buying power and forced liquidation;
queue position, and the depth used to “walk the book”;
overnight financing on forex positions (metals positions are charged none); and
margin and commission values for some futures contracts, which are placeholders.

The Risk & Simulated Performance Disclosure explains what is recorded and what is modelled.

2.2 What it is not

Not a broker or exchange. We do not accept, route or execute real orders. We do not hold customer funds or securities. We do not connect to any brokerage account.
Not investment, trading, tax or legal advice. We are not a registered investment adviser, broker-dealer, commodity trading advisor or futures commission merchant. Nothing in the Service is a recommendation to buy, sell or hold any security, future, currency, commodity or other instrument.
No signals. The Service does not generate live trade signals, alerts or recommendations.
Impersonal content. Everything we publish in the Service (help articles, blog posts, emails, scanner output, charts and indicators) is general. It is not based on, or tailored to, your finances, objectives or real positions.

2.3 Scanners

Scanner windows (for example, HOD Momentum and Top Gainers) show historical alerts on past dates, revealed as the replay clock reaches them. They are produced by our own algorithm run over recorded market data. They are not a recording of any third party’s scanner, and their timing and contents may differ from what any other scanner showed that day. A ticker appearing in a scanner is not a recommendation to trade it, then or now.

2.4 Simulated results are never real results

Simulated performance has built-in limitations. It is achieved with hindsight, on data that already exists. Your orders do not move the market. Your fills may be better or worse than a real broker would have given you. Trading involves substantial risk of loss. Success in the Service does not mean you will succeed in real trading. Most people who day-trade with real money lose money.

You agree never to present any simulated result from the Service as a real or live trading result. This covers share cards, screenshots, recordings, social posts, sales pages, course material and statements to investors, employers, prop firms and anyone else. If you show simulated results publicly, you must clearly label them as simulated. Where a share card or image created by the Service carries a “simulated” label, do not crop or remove it.

2.5 Your decisions are yours

You are solely responsible for any real-world trading or investment decision you make, including any decision informed by something you did or saw in the Service. We are not responsible for real-money losses.

3. Your account

In short: keep your login private and don’t share your account. One live replay at a time. At busy moments we may make you wait.

3.1 Account information and security

Give us accurate information and keep your email address current, because we send billing and security notices to it. Keep your password confidential. You are responsible for everything that happens under your account, except activity caused by our own failure to secure the Service. Tell us promptly at the address in Section 16 if you think someone else has accessed your account.

You may not share your login credentials, let anyone else use your account, or sell, rent, lend or transfer your account or plan.

3.3 One live session at a time

Each account can run one live replay session at a time. If you start a replay in another tab or on another device while one is running, you can move the live session there; the earlier one then ends.

3.4 Capacity

The Service runs on shared servers with finite capacity. When they are busy, we may queue you, ask you to retry, or refuse to start a new session. We do not guarantee that a session will be available at any particular time. This applies to every plan, including the Founders Lifetime seat. No plan gets priority access unless we say so in writing.

3.5 Display names

Your display name must not impersonate a real person (including well-known traders, educators or public figures) or another user, suggest that you are affiliated with any company, or be offensive. We may change or remove a display name that breaks this rule.

4. Plans, trials, billing and auto-renewal

In short: paid plans renew automatically until you cancel. Trials turn into paid plans unless you cancel first. You can cancel online at any time and keep access until the end of the period you paid for. Payments are non-refundable except in the cases listed in Section 4.12. The full detail is in the Subscription, Cancellation & Refund Policy.

4.1 Plans

We offer the paid plans described on our pricing page at the time you buy. Each plan lists the desks and features it unlocks and its replay session allowance (Section 4.7). Plans are billed monthly or annually, in U.S. dollars. From the day after October 5, 2026, the public plans are FX/Futures, Equities Momentum and All-Access. Current prices and contents are always on the pricing page and are shown to you at checkout before you pay.

The cutover. Our founders offers (the Founders Rate in Section 4.9 and the Founders Lifetime seat in Section 4.10) close at 11:59 p.m. Eastern time on October 5, 2026. Paid plans, and the first charges on them, begin at 12:00 a.m. Eastern time the next day. Any subscription plan bought on or before that closing time is first charged at 12:00 a.m. Eastern time the next day, and nothing is charged before then. If you cancel before then, you are never charged. Only All-Access gets the Founders Rate; other plans bought before the cutover are charged the public price.

4.2 Key auto-renewal terms

These terms apply to every subscription:

Automatic renewal. Your subscription renews automatically at the end of each billing period (monthly or annually) until you cancel it.
Amount and timing. Each renewal is charged to your payment method on file, at the price then applicable to your plan, on your renewal date (your subscription’s anniversary date).
No minimum term, no cancellation fee.
How to cancel. You can cancel online at any time: go to Settings → Billing in the app, click Open the billing portal (hosted by our payment processor, Stripe) and cancel there. You can also email us at the address in Section 16, from your account email, with the subject “Cancel my subscription”. We cancel within 2 business days, and if a renewal is charged after your request, we refund it. You never need to phone us, and no discount offer or survey stands in the way.
When cancellation takes effect. Cancellation stops future renewals. Your access continues until the end of the period you have already paid for, and then it ends. Settings → Billing shows the end date as soon as you cancel, and we email you when your access ends.

The price, billing interval, trial end date and first charge date are shown at checkout before you confirm. After you subscribe, we email you a confirmation that sets out these terms and how to cancel. For annual plans, we email you 30 days before each renewal with the date, the amount and how to cancel. At least once a year, whatever your plan, we email you a reminder of your subscription, its price and billing frequency, and how to cancel.

4.3 Free trial

From the day after October 5, 2026, a new subscription may start with a 7-day free trial. The trial rules are:

Card required. A payment card is required to start a trial.
Once per account. Each account gets one trial, ever. Any earlier subscription on your account, including a Founders Rate subscription or a plan you cancelled, uses it up. The Founders Lifetime seat has no trial.
Automatic conversion. Unless you cancel before the trial ends, it automatically converts into a paid subscription. Your card is charged the plan price on the day the trial ends (shown at checkout and in Settings → Billing), and on the same date each period after that.
Reminder. We email you before the trial ends, with the charge date, the amount and how to cancel. That reminder currently goes out about two days (48 hours) before the trial ends.
Cancelling during the trial. If you cancel during the trial, you are not charged, and access continues until the trial ends.

4.4 Price changes

We may change the price of a plan. If the price of your subscription is going to change, we will email you at least 7 and no more than 30 days before the new price first applies to you. The email states the old and new price, the date it takes effect and how to cancel. If you don’t want to pay the new price, cancel before that date and you will not be charged it. If you cancel within 14 days after the first charge at the new price, we refund the unused part of that charge, wherever you live. A Founders Rate does not change while its subscription stays active (Section 4.9).

4.5 Changing plans

You can switch between public plans in the billing portal. Switches are prorated: you get credit for unused time on your old plan and pay for the rest of the period on the new one. Within the same billing interval, the difference is added to your next invoice. Switching between monthly and annual billing starts a new period and is charged immediately. Credits reduce future charges and are not paid out in cash. Your session allowance follows the new plan.

4.6 Taxes

We do not currently add sales tax, VAT, GST or a similar tax to our prices. Where the law requires us to collect one, checkout will show it before you pay, and you agree to pay it.

4.7 Replay session allowances

Each subscription includes a set number of replay sessions, shown on the pricing page (at launch: 50 on FX/Futures and on Equities Momentum, 100 on All-Access). The allowance works like this:

What counts as a session. One symbol, on one recorded trading day, on one desk.
Re-opening is free. You can re-open a session you have already opened as often as you like. It does not count again.
Shared across desks. Your allowance covers all the desks your plan includes.
When it resets. On monthly plans, the allowance resets each month on your billing date. On annual plans, it covers your billing year and resets on your renewal date.
At the limit. When the allowance is used up, you cannot start a new session until it resets or you move to a larger plan. Sessions you have already opened still replay while your plan is active.
Unused sessions expire. They do not carry over and have no cash value.

A session that is already running is never cut off because you hit your allowance or because a payment fails.

4.8 Failed payments

If a renewal payment fails, we keep your plan active for a 7-day grace period while the payment is retried, and we email you about it. If the payment has still not gone through by the end of the grace period, your paid access ends and we aim to stop trying to charge your card. To come back, start a new subscription from Settings → Billing. Your saved data is not deleted (Section 12.4). If we do charge you after your access has ended for non-payment, that is a billing error and we refund it, unless you asked us to restore access.

4.9 Founders Rate

Until 11:59 p.m. Eastern time on October 5, 2026, we offer All-Access at $39 per month or $390 per year (the “Founders Rate”, shown in the app and our marketing as “All-Access Beta Special” or the “beta members rate”). After that time the offer is closed. The rules:

First charge. 12:00 a.m. Eastern time the day after October 5, 2026, as Section 4.1 describes. If you buy more than 3 days before that charge, we also email you a reminder 3 days before it.
No trial. A Founders Rate subscription has no trial and uses up your account’s one trial.
Price held while active. Your Founders Rate stays the same for as long as your subscription stays active without cancellation or lapse, even if our public prices go up. Where our marketing calls the Founders Rate “forever” or “locked”, this is what it means. It is not a fixed date.
Released when the subscription ends. The Founders Rate is released permanently if the subscription is cancelled or lapses (ends after a failed payment that is not recovered, Section 4.8). If you subscribe again later, you pay the public price at that time.
Plan switches. The Founders Rate is not available as a target when you switch plans. If you switch away from it, you lose it.
Scope. The Founders Rate applies only to All-Access. We may still change the Service and its features (Section 5).

4.10 Founders Lifetime seat

Until 11:59 p.m. Eastern time on October 5, 2026, we sell up to 100 Founders Lifetime seats for a one-time payment of $999. After that time the offer is closed.

A seat is also governed by the Founders Lifetime Terms, which we present to you and which you accept at checkout when you buy one. If those terms and these Terms conflict on the seat, the Founders Lifetime Terms control for the seat. The rules:

What “lifetime” means. “Lifetime” and similar phrases (“for good,” “for the life of the product”) mean for as long as Shark Belly Industries LLC operates DAS Replay. It does not mean your lifetime, any fixed number of years, or a promise that any particular feature, market or data set will stay in the Service.
What is included.
- The All-Access plan, including every desk we add to All-Access in the future. “Every engine that ships into it” in our emails means this.
- No replay session allowance cap.
- No renewal charges.
What is not included. A seat does not give you:
- priority access when servers are at capacity (Section 3.4);
- any service level or uptime commitment;
- products we sell separately from All-Access; or
- any right to keep a particular feature, market or data set that we change or retire under Section 5.
Personal and non-transferable. A seat is personal to the account that bought it. It cannot be transferred, sold, gifted or split.
We will not end a seat without cause. While we operate DAS Replay, we will end a seat only for cause, as Section 12.2 defines cause. If we end it for your material breach, no refund is due, except where the law requires one.
No refund. A seat is non-refundable (Section 4.12 and the Founders Lifetime Terms).
If we stop operating DAS Replay. If Shark Belly Industries LLC stops operating DAS Replay, or we permanently shut the Service down, we will give seat holders reasonable advance notice by email where we reasonably can. We do not commit to a fixed number of days’ notice. The seat ends with the Service, and no refund is due, except where the law requires one.

4.11 Planned perks and features

Some things we describe as planned or coming soon are not yet available. We may change them, delay them or never offer them. They are not part of what you buy until they are available in the Service.

4.12 Refunds

All payments are non-refundable, except:

where the law requires a refund;
where we charged you in error, including a duplicate charge, a charge after a cancellation we had recorded, or a charge after your access ended for non-payment; and
where we decide to refund at our discretion, for example after an extended outage. Doing so once does not oblige us to do it again.

If we close your account or end your plan, whether for cause or without cause, no refund is due, except where the law requires one. This covers subscriptions, renewals, annual plans, Founders Rate subscriptions and Founders Lifetime seats. Founders Lifetime seats have no refund on shutdown (Section 4.10 and the Founders Lifetime Terms). When you cancel, you keep access to the end of the paid period, and we do not refund or credit any unused time. If a Founders Lifetime seat is refunded in full, the seat and its access end. The Subscription, Cancellation & Refund Policy has the details.

4.13 EU and UK consumers: the right to withdraw

If you are a consumer in the European Union or the United Kingdom, you have a right to withdraw from your contract within 14 days, without giving a reason. To withdraw, email us at the address in Section 16 with a clear statement that you are withdrawing.

We are adding a step at checkout that asks you to expressly request that we give you access straight away, during the withdrawal period, and to acknowledge that you lose your right to withdraw once you start your first replay session, together with an email confirming both. Where you have given that request and acknowledgment and we have confirmed it to you, your right to withdraw ends when you start your first replay session on the plan or seat you bought. Where you have not, your right to withdraw runs for the full 14 days. If you withdraw while the right still applies, we refund what you paid. Any refund after that is at our discretion, case by case. Cancelling during a free trial costs nothing. The Subscription, Cancellation & Refund Policy (section 11) has the details and a model withdrawal form.

4.14 Payment processing

Payments are processed by Stripe. Card details are entered directly into Stripe’s hosted pages and never reach our servers. You authorize us, through Stripe, to charge your payment method for all amounts due under your plan. If your card is replaced, Stripe may update it automatically where card networks support this.

4.15 The beta

The free beta ends at 11:59 p.m. Eastern time on October 5, 2026, and paid plans begin at 12:00 a.m. Eastern time the next day. We take no card during the beta, and no beta account is charged unless its holder chooses a plan and completes checkout. Beta accounts can take the Founders Rate until the beta ends; after that, public prices apply. Your saved layouts, hotkeys, session history and journal are kept whether or not you choose a plan.

5. A changing service; availability

In short: the Service changes and sometimes breaks. We make no uptime promise, sessions can be lost, and the data can be wrong.

5.1 Features change

We are actively building DAS Replay. We may add, change, limit or remove features, desks, markets, instruments, data sets, dates, indicators and plan contents at any time. Features labelled beta, preview or experimental come with even less assurance than the rest of the Service. If we remove a whole desk or market from a plan you pay for, we will tell you at least 30 days in advance and you may cancel. If you cancel for that reason, we will consider a refund of the unused, prepaid part of your current period at our discretion (Section 4.12, item 3). For Founders Lifetime seats, Section 4.10 applies.

5.2 No uptime commitment

The Service is provided on an “as is” and “as available” basis. We do not offer a service level agreement or an uptime guarantee. The Service may be unavailable because of maintenance, deployments, outages, capacity limits, problems with our hosting, database or data providers, or events outside our control. We may not give advance notice.

5.3 Sessions can be lost

If our servers restart or crash, or if your connection drops, a live replay session may end. You may lose the session’s open positions, simulated P&L, pending orders, locates and progress, and we may not be able to resume it. Rewinding or seeking within a session may also change or clear parts of its trade history. Your record of completed sessions is saved separately, but we do not guarantee it is complete or error-free.

5.4 Data may be wrong

Market data, news, float and shares-outstanding figures, fundamentals, corporate actions, contract specifications, margin, commission and other reference values may be incomplete, inaccurate, delayed, missing for some dates, or modelled. Some values are derived by automated processing of public filings, which can make mistakes. Some dates and instruments may be unavailable. We do not guarantee that any replay faithfully reproduces what happened in the market.

6. Acceptable use

In short: use the Service to practise, for yourself. Don’t copy it, scrape it, resell it, share it, get around its limits, or pretend simulated results are real.

You may use the Service only for your own personal training and education, and in line with these Terms and the law. You agree not to do, or help anyone else do, any of the following:

Scraping and automated access. Scrape, crawl, spider or harvest the Service or its data. Access it with bots, scripts or automation, other than a normal browser used by you in person. Place excessive load on our systems.
Reverse engineering. Reverse engineer, decompile, disassemble or try to extract our source code, models, fill logic, scanner algorithms or data, except where the law expressly allows it despite this restriction.
Redistributing data or replays. Copy, record, export, publish, broadcast, sell or otherwise redistribute market data, replays, charts or scanner output from the Service. You may share through our own share features, and you may post screenshots and short clips of your own practice, including on monetized channels, as long as they are clearly labelled as simulated and do not redistribute market data in bulk.
Getting around limits. Circumvent or tamper with session allowances, trials, paywalls, plan restrictions, the one-live-session rule, capacity controls, rate limits or security measures, including by opening extra accounts.
Sharing accounts. Share, sell, rent or pool accounts or credentials.
Reselling. Resell, sublicense or commercially exploit the Service, or use it to provide trading instruction, signals or services to others for pay, without our written permission.
Misrepresenting results. Present simulated results as real or live trading results (Section 2.4), or alter share cards or screenshots to misstate results.
Impersonation. Impersonate any person or company, or use a display name or share content that falsely suggests you are, or are endorsed by, a real person, trader, educator, broker or platform.
Harassment and unlawful content. Harass, threaten or abuse anyone. Use share links, challenges or support channels to spread unlawful, defamatory, infringing, hateful or sexually explicit content, spam, or malware.
Attacks on the Service. Probe, scan or test the vulnerability of the Service without our written permission. Interfere with other users. Disrupt our servers or networks.
Competitive use. Use the Service to build or train a competing product, or to benchmark it for publication, without our written permission.
Unlawful use. Use the Service in breach of any law or regulation, including sanctions and export laws.

If you find a security vulnerability, report it privately to the address in Section 16 and give us a reasonable time to fix it.

7. Market data

In short: the market data belongs to our data providers. You may view it in the Service for your own training, and nothing more.

The market data and reference data in the Service come from third-party providers and public sources, and we compute some of it ourselves. Third-party data remains the property of its providers. You may view it only inside the Service, for your own personal use. You may not redistribute it (except as Section 6, item 3, allows), store it outside the Service, or use it for real trading, pricing, valuation or any commercial purpose.

Our data providers make no warranties to you and have no liability to you for the accuracy, completeness, timeliness or availability of their data. Every disclaimer and limitation in Sections 13.1 and 13.2 also applies for their benefit. Our data providers may require us to change, limit, delay or withdraw access to some data, markets or dates, to collect information from you, or to enforce their terms. We may do any of these things without liability to you.

In short: your layouts, drawings, notes and trades stay yours. You let us use them to run the Service. Anything you share by link is public to anyone who has the link.

8.1 Your content

“Your Content” means what you create or upload in the Service, such as layouts, hotkeys and preferences; chart drawings, annotations and templates; journal and session notes; your simulated trade history; and anything you send us, including files you import.

You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, display and transmit Your Content, only as needed to:

run, secure, support and improve the Service;
carry out actions you ask for (such as sharing); and
comply with the law.

This licence lasts until Your Content is deleted from our systems. It continues for copies you have shared (Section 8.2) until you revoke them, and for backups until they expire in the normal course.

You are responsible for Your Content. You confirm that you have the right to provide it and that it does not break these Terms or anyone else’s rights.

The Service lets you create share links for a session, as share cards and challenges. How they work:

Anyone with the link can see it. No login is needed. Anyone can forward the link, and search engines or social platforms may show previews of it.
What a share card shows. A share card and its preview image may include:
- the first word of your display name;
- the ticker(s) and replay date and time;
- net simulated P&L and return % (which together can reveal your simulated account size);
- the number of fills, win rate and duration.
Challenge cards also show the starting balance and leverage. A head-to-head card also shows the display name and results of the person who created the challenge, as already shown on their public challenge card.
Spectate. Every share link also lets anyone with it replay every fill in the session: time, side, quantity and price.
Challenges. A challenge lets others replay the same tape under the same settings and compare results. Challenges have no prizes and no entry fee. If we ever add prizes, separate official rules will apply.
Links as invitations. A share link may also work as an invitation to sign up. We record which link brought a new user in.
Revoking a link. You can revoke a share link, and it then stops working. However, copies may persist: screenshots, downloads, reposts, and previews cached by other platforms or content delivery networks for a short time. We cannot recall those copies.
Links outlive your plan. A share link you have not revoked keeps working after your paid plan ends.
No advertising use without permission. We will not use your share cards, name or results in our advertising unless you give us separate, express permission.
You are responsible for what you share, including labelling it as simulated wherever you post it (Section 2.4).

8.3 Public support channels

Our support issue tracker on GitHub is public. Anything you post there, including screenshots, can be seen by anyone. Do not post personal information, account details or anything you want kept private. Email us instead (Section 16).

8.4 Our right to remove content

We do not review Your Content before it is shared. We may remove or disable Your Content, revoke a share link, or restrict sharing if we reasonably believe the content breaks these Terms or the law, or puts users or us at risk.

9. Feedback, our intellectual property and copyright complaints

In short: we own the Service. If you send us ideas, we can use them. If someone infringes your copyright on the Service, tell us.

9.1 Feedback

If you send us suggestions, ideas, bug reports or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it for any purpose. We owe you no payment or credit, and we are not required to use it.

9.2 Our intellectual property

The Service belongs to Shark Belly and its licensors, including its software, fill and simulation models, scanner algorithms, designs, text, graphics, help content, and the “DAS Replay” name and logos. Subject to these Terms and to paying for any plan you use, we grant you a limited, personal, revocable, non-exclusive, non-transferable licence to access and use the Service for your own training and education. We reserve every right we do not expressly grant.

9.3 Third-party names and trademarks

We may name third-party platforms, brokers, exchanges, data providers, indices and people only to describe or compare our product. DAS Replay is not affiliated with, endorsed by or sponsored by any of them. Their marks belong to their owners. See Trademark & Third-Party Notices.

9.4 Copyright complaints (DMCA)

We respect copyright and respond to notices of alleged infringement under the U.S. Digital Millennium Copyright Act.

If you believe that material available through the Service infringes your copyright, send us a written notice that includes:

your physical or electronic signature;
identification of the copyrighted work;
identification of the allegedly infringing material, with enough detail (such as a URL or share link) for us to locate it;
your contact details;
a statement that you have a good-faith belief that the use is not authorized by the owner, its agent or the law; and
a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.

Where to send it. Shark Belly Industries LLC, 1209 Mountain Road Pl NE, Ste H, Albuquerque, NM 87110, or hello@email.dasreplay.com, with the subject line “Copyright notice”. We are registering a designated agent with the U.S. Copyright Office and will publish the agent’s details here once that registration is complete.

If your material was removed and you believe that was a mistake or misidentification, you may send a counter-notice as the DMCA provides. We may restore the material unless the complainant tells us that it has started court proceedings.

Repeat infringers. Where appropriate, we will terminate the accounts of users who are repeat infringers.

10. Communications

In short: we will email you about your account and billing whatever your settings. You can unsubscribe from marketing email at any time.

By creating an account, you agree that we may communicate with you electronically, and that these communications satisfy any legal requirement for a written notice. They come in two kinds:

Service and transactional messages, such as sign-in and confirmation emails, password resets, trial reminders, receipts, payment-failure and billing notices, notices of changes to these Terms, and security notices. These relate to your account, so you cannot opt out of them while you have an account. A single welcome note from the founder, sent about 30 minutes after you set your password, is currently sent as one of these messages, so it reaches every new account whether or not you have unsubscribed from marketing.
Marketing and newsletters, such as product news, tips and offers. Every marketing email includes an unsubscribe link, and we honour unsubscribes promptly (within 10 business days at most). Unsubscribing does not affect your account.

The Privacy Policy describes our use of email open-tracking and send-time personalization.

11. Third-party services

In short: some parts of the Service run on other companies’ services, and their terms may also apply.

The Service relies on third-party providers, including Stripe (payments and the billing portal), our hosting, database and email providers, bot-protection services, and our market-data providers. When you use a part of the Service provided by a third party, such as Stripe Checkout or the billing portal, that provider’s terms and privacy policy may also apply. We do not control, and are not responsible for, third-party services or websites that we link to or that you choose to use. The Privacy Policy lists the providers that process personal data.

12. Suspension and termination

In short: you can leave at any time. We can suspend or close accounts for cause, and Section 12.2 says what cause means. Whether we end a plan for cause or without cause, no refund is due, except where the law requires one.

12.1 You

You may stop using the Service at any time. To stop paying, cancel your subscription (Section 4.2). To close your account and have your data deleted, email us at the address in Section 16. There is no self-serve account deletion in the app today. Closing your account cancels any subscription (with no refund of the current period, Section 4.12) and ends any Founders Lifetime seat, which cannot be restored. We will ask you to confirm before we do this. We handle your request as described in the Privacy Policy. We keep some records after an account is closed, such as billing records, email suppression records and records the law requires us to keep.

12.2 Us

What “cause” means. In these Terms, we end or suspend an account for cause when we reasonably believe that any of the following is true:

Material breach. You have materially broken these Terms, including Section 6 (acceptable use), Section 2.4 (presenting simulated results as real) or Section 3.2 (sharing an account).
Fraud or abuse. You have used the Service fraudulently or abusively, used stolen or unauthorized payment details, or opened extra accounts to get around trials, allowances or plan limits.
Chargeback abuse. You have disputed a charge you in fact authorized, or you have made repeated chargebacks instead of using the cancellation and refund routes in Section 4.
Non-payment. A payment has failed and has still not gone through at the end of the grace period in Section 4.8.
Legal or data-provider requirement. The law, a court, a regulator or one of our data providers requires us to end or restrict your access, or your use creates risk or possible legal exposure for us, other users or our data providers.
Long inactivity with no paid plan. Your account has been inactive for a long period and has no paid plan or Founders Lifetime seat.

Ending an account for any other reason — including because we discontinue the Service, a desk or a plan, or because we simply choose to — is without cause.

We may suspend or terminate your access, revoke your share links, or refuse service for cause. Where it is reasonable and lawful, we will tell you why and give you a chance to fix the problem first.

Refunds on termination. If we end your paid plan, whether for cause or without cause, no refund is due, except where the law requires one (Section 4.12). Founders Lifetime seats are covered by Section 4.10 and the Founders Lifetime Terms; we will not end a seat without cause.

12.3 Discontinuing the Service

We may discontinue the Service, or any desk, market or plan. We will give reasonable advance notice by email where we reasonably can. We do not commit to a fixed number of days’ notice. This is the same for Founders Lifetime seat holders (Section 4.10) as for subscribers. Discontinuing the Service or a plan is a termination without cause, so no refund is due, except where the law requires one (Sections 4.12 and 12.2).

12.4 What happens to your data

When your paid access ends (after cancellation, a failed payment or a downgrade) but your account stays open, we do not delete your saved layouts, hotkeys, session history, trades or journal. They are there if you pick a plan again. What happens to data after an account is closed is set out in the Privacy Policy.

12.5 What survives

Sections 2.4, 2.5, 4.10, 4.12 and 6 through 16 survive termination, together with any payment or refund obligations that arose before it.

13. Disclaimers, limitation of liability and indemnity

In short: the Service comes with no warranties, and our liability to you is capped. These limits never cover fraud, gross negligence, wilful misconduct, personal injury, or consumer rights the law does not let a contract remove.

13.1 Disclaimer of warranties

SUBJECT TO SECTION 13.4, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT:

THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
ANY MARKET DATA, SIMULATED FILL, SCANNER ALERT OR OTHER OUTPUT WILL BE ACCURATE, COMPLETE OR REPRESENTATIVE OF REAL MARKET CONDITIONS OR REAL EXECUTION;
USING THE SERVICE WILL IMPROVE YOUR TRADING OR LEAD TO ANY RESULT IN REAL TRADING; OR
ANY SESSION, POSITION OR RECORD WILL BE PRESERVED.

13.2 Limitation of liability

SUBJECT TO SECTION 13.4:

(a) Excluded losses. NEITHER SHARK BELLY NOR ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, LICENSORS OR DATA PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, REVENUE, TRADING GAINS, DATA OR GOODWILL; OR ANY LOSS FROM REAL-MONEY TRADING OR INVESTMENT DECISIONS, OR FROM RELYING ON THE SERVICE, IN EACH CASE ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY.

(b) Cap. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATEST OF (i) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, (ii) US $100, AND (iii) IF YOU HOLD A FOUNDERS LIFETIME SEAT, THE AMOUNT YOU PAID FOR THE SEAT.

(c) Applies to all claims. THESE LIMITS APPLY TO EVERY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STATUTE OR OTHERWISE), EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13.3 Indemnity

You will indemnify Shark Belly and its members, managers, employees and contractors against third-party claims, and the related losses, damages and reasonable legal fees, to the extent they arise from:

your breach of these Terms;
Your Content or anything you share; or
your presenting simulated results as real,

except to the extent a claim is caused by our own breach, negligence or misconduct. We will control the defence of any such claim and will not settle it in a way that requires you to admit fault or pay money without your consent.

13.4 What these Terms do not limit

Nothing in these Terms excludes or limits our liability for:

fraud or fraudulent misrepresentation;
gross negligence, wilful misconduct or intentional harm;
death or personal injury caused by our negligence; or
any right you have as a consumer that the law does not allow a contract to remove.

Sections 13.1 to 13.3 are subject to this Section. In particular:

California residents: nothing in these Terms exempts us from responsibility for our own fraud, wilful injury to a person or property, or violation of law (Cal. Civ. Code § 1668).
New Jersey residents: Sections 13.1, 13.2 and 13.3 do not limit any right or remedy you have under New Jersey law, including under the New Jersey Consumer Fraud Act, and do not exclude liability for our negligence to the extent New Jersey law forbids it.
EU and UK consumers: you keep your statutory rights for digital services, including the right to a service that conforms to the contract. We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

14. Dispute resolution and arbitration

In short: first try to resolve it with us informally. If that fails, disputes that arise after you accept these Terms go to binding individual arbitration, not court or a class action. Either side can use small claims court or ask a court to protect its IP. You can opt out within 30 days of accepting.

14.1 Informal resolution first

Before starting arbitration or a small-claims case, you and we each agree to try to resolve the dispute informally. The party with the claim must send a written Notice of Dispute that includes:

their name and account email;
a description of the claim; and
the relief they want.

Send notices to us at the email and postal address in Section 16. We will send notices to the email address on your account.

The parties then have 60 days to resolve the dispute. If asked, each party will take part in good faith in an individual phone or video call. The time limit for bringing the claim is paused during this period. A party may not start arbitration until this process is complete, and a court or arbitrator may enforce this requirement.

14.2 Agreement to arbitrate

Except as set out in Sections 14.4 and 14.9, you and we agree to resolve any dispute, claim or controversy arising out of or relating to these Terms, the Service or our relationship (“Dispute”) by binding individual arbitration. This Section 14 applies only to Disputes that arise after you first accept these Terms. Disputes about the formation, scope, validity or enforceability of this Section 14 are for the arbitrator to decide, except that a court decides questions about Sections 14.5, 14.6 and 14.7.

14.3 Arbitration rules and provider

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, in the version in effect when the arbitration is filed. The rules are available at adr.org.

Arbitrator and law. A single neutral arbitrator decides the case. The arbitrator applies the substantive law in Section 14.10 and may award any individual relief that a court could award.
Hearing. The arbitration may take place on documents only, by video or telephone, or in person in the county where you live, as the rules provide.
Fees. We will pay all AAA filing, administration and arbitrator fees, except the consumer filing fee that the AAA Consumer Arbitration Rules assign to you. The arbitrator may shift fees if a claim is frivolous or brought for an improper purpose.
Confidential information. Either party may ask the arbitrator to protect confidential business or personal information.

14.4 Small claims

Either party may instead bring an individual claim in a small-claims court with jurisdiction, as long as it stays there and proceeds on an individual basis.

14.5 Class action and jury trial waiver

YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person, except as allowed under Section 14.6, may not preside over any form of class or representative proceeding, and may award relief only in favour of the individual party seeking it, and only to the extent needed for that party’s individual claim. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL.

14.6 Mass arbitration

If 25 or more similar Demands for Arbitration are filed against us, or by us, by or with the help of the same or coordinated counsel or organizations, each Demand is administered under the AAA’s Mass Arbitration Supplementary Rules and no additional procedure. The statute of limitations is paused for any Demand while it awaits administration under those rules. A court decides disputes about whether this Section 14.6 applies.

14.7 If the class waiver fails

If a court decides that any part of Section 14.5 is unenforceable for a particular claim or type of relief, then:

that claim or relief will be severed from the arbitration and decided in court under Section 14.10;
it will be stayed until the individual arbitration of any remaining claims is finished; and
the Dispute will not proceed as a class arbitration.

All other claims will still be arbitrated.

14.8 30-day opt-out

You may opt out of this agreement to arbitrate by emailing us within 30 days after you first accept these Terms. Send it to the address in Section 16 with the subject line “Arbitration Opt-Out”, including:

your name;
your account email; and
a clear statement that you opt out of arbitration.

Opting out does not affect any other part of these Terms, or any earlier arbitration agreement you made with us. If we materially change this Section 14, you may opt out of the change within 30 days after it takes effect, and you will then stay bound by the version you accepted before.

14.9 Exceptions

Either party may bring in court:

an individual claim for infringement of its copyrights, trademarks or patents; or
a request for temporary injunctive relief to preserve the status quo while an arbitration is pending.

If you are a consumer who lives in the European Union, the United Kingdom, or another country whose law does not allow pre-dispute consumer arbitration agreements, Section 14 does not apply to you. You may bring proceedings in the courts of your place of residence, and you may use any alternative dispute resolution scheme available to you under your local law.

14.10 Federal Arbitration Act; governing law; venue

FAA. This Section 14 involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
Governing law. Otherwise, these Terms and any Dispute are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws rules. This choice does not deprive you of the protection of mandatory consumer laws of the place where you live.
Venue. Any Dispute that is not arbitrated, other than a small-claims case, must be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and you and we consent to their personal jurisdiction. This does not apply to consumers covered by the carve-out in Section 14.9.

15. Changes to these Terms, and general terms

In short: if we make a material change, we will email you 30 days first. The rest of this section covers the standard contract mechanics.

15.1 Changes to these Terms

We may update these Terms from time to time. For material changes, we will email you 30 days before they take effect and show a notice in the app. For material changes to Section 14 or to automatic-renewal terms, we will ask you to accept the new Terms. If you reject a change to Section 14, the earlier version of Section 14 keeps applying to you (Section 14.8). Price changes follow Section 4.4. For other material changes, if you keep using the Service after the effective date stated in the notice, you accept the new Terms; if you do not agree, you may cancel before that date (Section 4.2) and stop using the Service. Changes that are not material, such as clarifications, fixes or new features, take effect when posted.

Changes never apply retroactively. A change to Section 14 does not apply to a Dispute that arose, or of which we had actual notice, before the change took effect. We keep previous versions of these Terms available on request.

15.2 General terms

Entire agreement. These Terms, together with the documents listed at the top, are the entire agreement between you and us about the Service. They replace any earlier terms, including the beta terms previously posted at /legal.
Assignment. You may not assign or transfer these Terms or your account. We may assign these Terms to an affiliate, or in connection with a merger, acquisition or sale of assets, with notice to affected users. If a Founders Lifetime seat or a Founders Rate is involved, the acquirer takes on our obligations for it.
Force majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control, such as outages at third-party hosting, network or data providers that we could not reasonably have avoided or worked around, internet failures, power loss, labour disputes, government action, natural disasters, war and cyberattacks.
Severability. If any provision is found unenforceable, it will be enforced to the maximum extent possible, and the rest of these Terms stay in effect. Section 14.7 governs the class waiver.
No waiver. Our failure to enforce a provision is not a waiver of it.
Notices. We send notices to the email address on your account; they are effective when sent. You send notices to the addresses in Section 16. Formal legal notices should go both by email and by post.
Export and sanctions. You may not use, export or re-export the Service in breach of U.S. or other applicable export control or sanctions laws.
Relationship. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary or employment relationship.
No third-party beneficiaries. No one other than you and us has rights under these Terms, except our data providers and indemnified persons to the extent Sections 7 and 13 say so.
Language. These Terms are written in English. If we provide a translation, the English version controls to the extent the law allows.
Headings and summaries. Headings and the “In short” summaries are for convenience only. They do not limit the full text.

16. Contact us

Shark Belly Industries LLC, operator of DAS Replay 1209 Mountain Road Pl NE, Ste H Albuquerque, NM 87110 United States

Email: hello@email.dasreplay.com

Send legal notices, Notices of Dispute, arbitration opt-outs, cancellation and withdrawal requests, and account-deletion requests to this address, with a clear subject line. For copyright complaints, follow Section 9.4.