Backster Terms of Service
Last Updated: 31 May 2026 Effective Date: 31 May 2026
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you”, “your”, or “User”) and Backster Enterprise (“Backster”, “we”, “us”, or “our”), operating the Backster mobile application and related services (collectively, the “Service”).
By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
You confirm that you are entering into these Terms as an individual for your personal use, or on behalf of an entity with the authority to bind that entity to these Terms.
2. Description of Service
2.1 What Backster Is
Backster is a cryptocurrency strategy analysis tool that uses artificial intelligence to help users describe, generate, backtest, and refine cryptocurrency trading strategies. The Service provides:
- An AI-powered interface that converts plain-language strategy descriptions into structured trading strategy specifications
- Backtesting tools that simulate how a strategy would have performed against historical market data
- Strategy refinement and analysis features
- Paper trading simulations using historical or simulated data
- Educational content about trading strategies and cryptocurrency markets
2.2 What Backster Is NOT
The Service is NOT:
- A cryptocurrency exchange
- A broker, dealer, or trading platform that executes orders on your behalf
- A custodian of your cryptocurrency, fiat currency, or digital assets
- A registered investment advisor, financial advisor, securities firm, futures commission merchant, or similar regulated financial entity
- A provider of personalized investment advice, financial planning, or trading recommendations tailored to your individual financial situation
- A guarantor of trading profits, returns, or strategy performance
- A real-time market data provider with guarantees of accuracy or timeliness
Backster does not execute trades, hold your funds, or transmit cryptocurrency. Any actual trading is executed by you, through third-party platforms, using your own accounts and at your sole discretion. The Service does not store, transmit, or exchange virtual currency. Backster is not a “Capital Markets Services Provider” and does not carry on any “regulated activity” as defined under the Capital Markets and Services Act 2007 (Malaysia). The Service does not provide “investment advice” within the meaning of that Act, because it does not take into account the specific investment objectives, financial situation, or particular needs of any User; all outputs are generated through non-discretionary mathematical algorithms and natural-language processing, are generic and impersonal in nature, and do not constitute a recommendation to enter into any transaction.
3. Eligibility
3.1 Age and Capacity
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is higher), to use the Service. By using the Service, you represent and warrant that:
- You are of legal age to form a binding contract in your jurisdiction;
- You have the legal capacity to enter into these Terms;
- You are not prohibited from using the Service under any applicable law;
- You have not been previously suspended or removed from the Service;
- You will provide accurate, current, and complete information when required.
3.2 Jurisdictional Restrictions
You are responsible for ensuring that your use of the Service complies with the laws of your jurisdiction of residence and the jurisdiction from which you access the Service. We make no representation that the Service is appropriate or available for use in any particular jurisdiction. You may not use the Service if doing so would violate any applicable law or regulation.
The Service is not directed to, intended for, or available to persons located in any jurisdiction where the provision of the Service would be contrary to applicable laws or regulations.
3.3 No Service to Restricted Persons
You may not use the Service if you are:
- Listed on any government sanctions list, including but not limited to lists maintained by the United States Office of Foreign Assets Control (OFAC), the United Nations Security Council, the European Union, or the Government of Malaysia;
- Located in a country or region subject to comprehensive sanctions;
- A government official, politically exposed person, or family member or close associate thereof, where applicable disclosure requirements have not been met;
- Prohibited by applicable law from using or transacting in cryptocurrency or related services. Without limiting the foregoing, the Service is not offered, and you may not access, use, or pay for the Service, if you are located in, ordinarily resident in, or a national of: (a) any jurisdiction subject to comprehensive U.S. sanctions, namely Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine; or (b) any jurisdiction in which the use of, dealing in, or provision of cryptocurrency-related services is prohibited or unlicensed in a manner that would cover the Service, which currently includes (without limitation) the People’s Republic of China, Afghanistan, Algeria, Bangladesh, Bolivia, Egypt, Morocco, and Nepal. We may, at our sole discretion, add or remove jurisdictions from these restrictions and may use technical measures (including geo-blocking and App Store territory settings) to enforce them.
4. Account Registration and Security
4.1 Account Creation
To access most features of the Service, you must create an account using Sign in with Apple or other authentication methods we provide. You agree to:
- Provide accurate, complete, and current information;
- Maintain and promptly update your information;
- Maintain the security and confidentiality of your authentication credentials;
- Not share your account credentials with any third party;
- Accept all risks of unauthorized access to your account;
- Notify us immediately of any unauthorized access or use.
4.2 Account Security
You are solely responsible for all activities that occur under your account, whether or not authorized by you. We are not liable for any loss or damage arising from unauthorized use of your account.
4.3 Account Termination by User
You may terminate your account at any time from within the app, or by contacting us at support@backster.app. Upon termination, your right to access and use the Service will cease immediately. We may retain certain information after termination as required by law or for legitimate business purposes, as described in our Privacy Policy.
5. AI-Generated Content and Outputs
5.1 Nature of AI Outputs
The Service uses generative artificial intelligence technologies to produce outputs including, but not limited to:
- Trading strategy specifications
- Strategy descriptions and rationales
- Backtest analyses and commentary
- Refinement suggestions
- Educational explanations
These AI-generated outputs (“AI Content”) are probabilistic in nature. They are produced by machine learning models that generate plausible responses based on patterns in training data. AI Content may be inaccurate, incomplete, outdated, biased, or otherwise unsuitable for your purposes. AI Content may also reflect the limitations, biases, or errors of the underlying language models, including those provided by third-party AI service providers.
5.2 No Guarantee of Accuracy or Suitability
To the maximum extent permitted by applicable law, we make no warranties regarding AI Content. AI Content may contain:
- Factual errors, including incorrect calculations or misstatements of technical concepts;
- Outdated information that does not reflect current market conditions;
- Internally inconsistent statements;
- Generated trading strategies that, when executed, may perform differently than anticipated or fail to perform at all;
- Misinterpretations of your input or intent;
- Content that appears authoritative but is not appropriate for your specific situation.
5.3 Your Responsibility to Verify
You are solely responsible for:
- Reviewing AI Content carefully before relying on or acting upon it;
- Independently verifying any factual claims, calculations, or recommendations contained in AI Content;
- Determining whether AI Content is appropriate for your specific circumstances;
- Making your own decisions about whether to use, modify, or discard AI Content;
- Understanding that AI Content is a starting point for your analysis, not a substitute for it.
5.4 No Reliance Without Verification
You acknowledge and agree that:
- AI Content does not constitute professional advice of any kind;
- You will not rely on AI Content as the sole basis for any trading, investment, or financial decision;
- You will exercise independent judgment in evaluating AI Content;
- Any reliance you place on AI Content is at your own risk. You further acknowledge that AI-generated strategy code is non-deterministic and may contain errors, omissions, or “hallucinations,” including logically flawed or non-functional code. You represent and warrant that you will not deploy any generated strategy in a live market without first (1) reviewing the raw code for logic errors, and (2) performing an independent backtest in a separate, non-Backster environment.
5.5 Third-Party AI Providers
The Service incorporates AI models and services provided by third parties, including but not limited to Anthropic PBC (“Anthropic”). Your use of the Service is subject to the applicable terms of service and acceptable use policies of these third-party providers. We do not control the operation, accuracy, or availability of third-party AI services, and we disclaim any liability for issues arising from such third-party services.
6. Financial and Trading Disclaimers
6.1 No Financial Advice
Backster does not provide financial advice, investment advice, trading advice, tax advice, legal advice, or any other form of professional advice. Nothing in the Service, including any AI Content, strategy specification, backtest result, or other output, constitutes:
- A recommendation to buy, sell, hold, or trade any cryptocurrency, digital asset, security, or other financial instrument;
- An offer or solicitation to engage in any transaction;
- A statement that any strategy or investment is suitable for you;
- An endorsement of any cryptocurrency, project, exchange, or trading venue;
- Personalized financial planning, asset allocation, or portfolio management services;
- Tax or accounting guidance regarding cryptocurrency transactions.
You should consult with qualified, licensed professionals before making any financial decisions.
6.2 Cryptocurrency Risk Disclosure
You acknowledge and accept that:
- Cryptocurrency trading involves substantial risk of loss. You may lose some or all of any funds you commit to trading. You should only trade with funds you can afford to lose completely.
- Cryptocurrency markets are highly volatile. Prices can fluctuate rapidly and dramatically, including within periods of seconds or minutes. A strategy that performs well in one market condition may perform poorly or catastrophically in another.
- Past performance does not indicate or guarantee future results. Backtested performance, paper trading results, or historical examples shown in the Service are not predictions of future returns and may differ significantly from actual trading outcomes.
- Backtested results have inherent limitations. Backtesting uses historical data, which does not include all factors that affect live trading, such as slippage, exchange downtime, liquidity constraints, latency, fees, taxes, and emotional factors. Strategies that perform well in backtesting often fail in live markets.
- Cryptocurrency may be subject to regulatory action. Governments and regulators may impose new rules, bans, or restrictions that affect cryptocurrency markets, your ability to trade, or the value of your holdings.
- Technical risks exist. Smart contracts, blockchain networks, wallets, exchanges, and related infrastructure may have bugs, vulnerabilities, or operational issues that result in loss of funds.
- You bear all risk of your trading activities. Backster will not reimburse you for any trading losses or financial harm.
6.3 No Guarantee of Strategy Performance
We make no representation, warranty, or guarantee that:
- Any strategy generated, backtested, refined, or analyzed using the Service will be profitable;
- Any strategy will perform consistently with backtest results, paper trading simulations, or examples shown in the Service;
- The Service will identify all relevant market factors, risks, or opportunities;
- Strategy outputs are free from errors, optimization biases, or other limitations.
You acknowledge that strategies generated by the Service may suffer from common quantitative trading limitations, including overfitting, look-ahead bias, survivorship bias, and curve-fitting, and that you are responsible for evaluating these risks before using any generated strategy.
6.4 Your Responsibility for Trading Decisions
You are solely responsible for:
- Any trades or investment decisions you make, whether based on outputs from the Service or otherwise;
- Choosing the exchanges, brokers, custodians, and counterparties with which you transact;
- Complying with the terms of service of any third-party exchange, broker, or platform you use to execute trades;
- Complying with applicable laws and regulations in your jurisdiction, including tax obligations;
- Securing your private keys, wallet credentials, exchange accounts, and other sensitive information;
- Understanding and accepting the risks associated with each trade you execute.
6.5 No Fiduciary Relationship
Your use of the Service does not create any fiduciary, advisory, agency, partnership, or similar relationship between you and Backster. We do not owe you any fiduciary duties.
7. Permitted and Prohibited Use
7.1 Permitted Use
You may use the Service only for lawful purposes and in accordance with these Terms. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.
7.2 Prohibited Conduct
You agree not to:
- Use the Service in any manner that violates applicable laws or regulations, including securities laws, anti-money laundering laws, sanctions laws, and consumer protection laws;
- Use the Service to engage in market manipulation, including wash trading, spoofing, layering, pump-and-dump schemes, or other manipulative trading practices on any exchange or platform;
- Use the Service to facilitate insider trading or trading on material non-public information;
- Use the Service in any manner that would constitute providing investment advice or financial services to third parties without appropriate licenses;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent such restriction is prohibited by applicable law;
- Use any automated means (including bots, scrapers, or crawlers) to access the Service without our express written permission;
- Interfere with or disrupt the operation of the Service, including by transmitting malicious code, overloading our servers, or attempting to gain unauthorized access;
- Use the Service to harass, abuse, threaten, or harm any person;
- Misrepresent your identity, affiliations, or qualifications;
- Resell, redistribute, sublicense, or commercially exploit the Service or any outputs from it without our express written permission;
- Use AI Content in a manner that violates the acceptable use policies of our third-party AI providers, including Anthropic’s Usage Policies;
- Train, fine-tune, or improve other AI models using outputs from the Service;
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Service;
- Use the Service to generate content that is illegal, harmful, defamatory, or infringes the rights of others.
7.3 Consequences of Prohibited Conduct
We may, at our sole discretion and without notice, suspend or terminate your account, restrict your access to the Service, or take any other action we deem appropriate if we believe you have engaged in any prohibited conduct or otherwise violated these Terms.
8. Intellectual Property
8.1 Backster’s Intellectual Property
The Service, including its software, design, user interface, content, trademarks, logos, and other materials (excluding User Content and AI Content as defined below), is owned by Backster or its licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited license to use the Service as described in these Terms, but we retain all rights not expressly granted.
8.2 User Content
You retain ownership of any content you provide to the Service, including strategy descriptions, chat messages, trading parameters, and other inputs (“User Content”). By submitting User Content, you grant Backster a worldwide, non-exclusive, royalty-free, sublicensable, perpetual license to:
- Host, store, transmit, display, and process User Content as necessary to provide the Service;
- Use User Content in aggregated, anonymized, or de-identified form to operate, improve, and analyze the Service;
- Comply with legal obligations regarding User Content.
You represent and warrant that you have all necessary rights to grant the licenses described above and that your User Content does not infringe any third-party rights or violate any applicable law.
8.3 AI Content Ownership
Subject to your compliance with these Terms, we assign to you such rights as we have in the AI Content generated specifically in response to your inputs (“Your AI Content”). However, you acknowledge that:
- AI Content may not be eligible for copyright protection in many jurisdictions because it is generated by automated systems;
- Other users may receive identical or substantially similar AI Content in response to similar inputs, and we make no warranty of uniqueness;
- AI Content may inadvertently incorporate, resemble, or derive from third-party content that exists in training data, and you are responsible for ensuring your use of AI Content does not infringe third-party rights;
- We retain the right to use AI Content for any purpose, including improving the Service, subject to applicable privacy laws.
8.4 Feedback
If you provide us with feedback, suggestions, or ideas about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use the Feedback for any purpose, without obligation or compensation to you.
8.5 Open Source Components and Third-Party Software
The Service incorporates open-source software components and third-party software, including but not limited to Freqtrade, an open-source cryptocurrency trading framework licensed under the GNU General Public License version 3.0 (GPL-3.0).
You acknowledge that:
- Freqtrade is independent software developed by the Freqtrade community and licensed separately from the Service;
- Freqtrade is available at https://github.com/freqtrade/freqtrade;
- The Service generates trading strategy specifications that may be compatible with Freqtrade. If you choose to use such specifications with Freqtrade or any other software, your use of that software is governed by its own license terms, including GPL-3.0 for Freqtrade;
- We make no representation or warranty regarding the suitability, accuracy, or performance of Freqtrade or any other third-party software;
- The full list of open-source components used in the Service and their respective licenses is available in the “Acknowledgments” or “Open Source Licenses” section of the Service. The Service is not a derivative work of Freqtrade. The Service is a standalone, self-hosted platform that generates configuration and data outputs (such as .json or .py snippets) that are compatible with Freqtrade; the generation of these outputs does not constitute distribution of Freqtrade itself. Backster does not host, modify, bundle, or distribute the Freqtrade source code or any derivative work thereof as part of its proprietary application or backend, and accordingly the distribution obligations of GPL-3.0 are not triggered for the Service. Freqtrade, if used, is downloaded, installed, and operated by you, on your own systems, under your own GPL-3.0 license relationship with the Freqtrade project.
9. Subscriptions, Payments, and In-App Purchases
9.1 Subscription Plans
The Service may offer subscription plans or in-app purchases (“Paid Features”). The features, pricing, and terms of each Paid Feature will be displayed in the Service before purchase.
9.2 Apple In-App Purchase
Paid Features purchased through the Service on Apple devices are processed by Apple Inc. (“Apple”) through the App Store’s in-app purchase system. By purchasing a Paid Feature, you agree to:
- Apple’s terms and conditions for in-app purchases;
- The applicable subscription terms (e.g., billing period, auto-renewal, cancellation policy) displayed in the Service;
- Apple’s role as the merchant of record for the transaction.
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can manage subscriptions and disable auto-renewal in your Apple ID account settings.
9.3 Refunds
Refund requests for purchases made through Apple’s in-app purchase system are handled by Apple in accordance with Apple’s refund policies. We do not directly process refunds for App Store purchases.
9.4 Pricing Changes
We reserve the right to change pricing for Paid Features at any time. Price changes will not affect your current billing period but will apply to subsequent renewals. We will provide reasonable notice of any price changes through the Service or by email.
9.5 Taxes
You are responsible for any taxes (including value-added tax, sales tax, goods and services tax, or similar) applicable to your purchases, except where Apple or other payment processors are responsible as the merchant of record.
10. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at https://api.backster.app/legal/privacy. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy. In accordance with the Personal Data Protection Act 2010 as amended by the Personal Data Protection (Amendment) Act 2024 (Malaysia), Backster will notify the Personal Data Protection Commissioner, and affected Users where required, of any personal data breach likely to cause significant harm as soon as practicable and in any event within seventy-two (72) hours of becoming aware of the breach. You are also granted a right to data portability, allowing you to request a copy of your personal data in a structured, commonly used, and machine-readable format and, where technically feasible, to have it transmitted to another service provider.
11. Third-Party Services and Links
11.1 Third-Party Services
The Service may integrate with, link to, or depend on services provided by third parties, including but not limited to:
- Apple (App Store, Sign in with Apple, in-app purchases);
- Anthropic (AI language models);
- Cryptocurrency exchanges, market data providers, and trading platforms;
- Supabase or other cloud infrastructure providers;
- Crash reporting and customer support services.
11.2 No Endorsement; No Responsibility
We do not endorse, control, or assume responsibility for any third-party services, content, or actions. Your use of third-party services is at your own risk and subject to the terms and policies of those third parties. We are not liable for any loss or damage arising from your use of third-party services.
11.3 No Affiliation
References to third-party products, services, or trademarks in the Service do not imply any affiliation with, endorsement by, or sponsorship from those third parties unless expressly stated.
12. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, INCLUDING AI CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TITLE, AND QUIET ENJOYMENT;
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- WARRANTIES THAT DEFECTS WILL BE CORRECTED;
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INCLUDING AI CONTENT, MARKET DATA, OR BACKTEST RESULTS;
- WARRANTIES REGARDING THE SUITABILITY OF THE SERVICE OR ANY OUTPUTS FOR YOUR PARTICULAR PURPOSE OR CIRCUMSTANCES;
- WARRANTIES REGARDING THE PERFORMANCE OF ANY STRATEGY OR THE OUTCOME OF ANY TRADING DECISION.
NO INFORMATION OR ADVICE OBTAINED FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the minimum extent permitted by applicable law.
13. Limitation of Liability
13.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BACKSTER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
- LOST PROFITS, LOST REVENUES, LOST OPPORTUNITIES, OR LOST DATA;
- TRADING LOSSES, INVESTMENT LOSSES, OR LOSSES FROM CRYPTOCURRENCY PRICE FLUCTUATIONS;
- DAMAGES RESULTING FROM RELIANCE ON AI CONTENT, STRATEGY OUTPUTS, BACKTEST RESULTS, OR ANY OTHER CONTENT IN THE SERVICE;
- DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT;
- DAMAGES RESULTING FROM ANY THIRD-PARTY SERVICES, EXCHANGES, OR PLATFORMS;
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE LEGAL THEORY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Aggregate Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF:
- THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
- ONE HUNDRED UNITED STATES DOLLARS (USD $100). If this aggregate liability cap is held to be unconscionable, void, or otherwise unenforceable in your jurisdiction (including, without limitation, under the Consumer Protection Act 1999 of Malaysia or any comparable consumer-protection or unfair-contract-terms law), it shall be deemed automatically modified, and not struck out in its entirety, to the minimum aggregate amount or broadest limitation that is permitted and enforceable under the applicable law of that jurisdiction.
13.3 Essential Basis of the Bargain
You acknowledge that we have set our prices and entered into these Terms with you in reliance upon the disclaimers of warranties and limitations of liability set forth herein, and that these provisions form an essential basis of the bargain between you and us. We would not be able to provide the Service to you on an economically reasonable basis without these limitations.
13.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you. In such cases, our liability is limited to the minimum extent permitted by applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Backster, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of or access to the Service;
- Your violation of these Terms;
- Your violation of any applicable law or regulation, including securities laws, anti-money laundering laws, and tax laws;
- Your violation of the terms of service of any third-party exchange, platform, or service;
- Your trading activities and the use of any strategy or output from the Service;
- Your User Content;
- Your infringement of any third-party rights, including intellectual property rights;
- Any dispute between you and any third party (including other users, exchanges, or counterparties).
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you will cooperate with our defense.
15. Modifications to the Service and Terms
15.1 Changes to the Service
We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
15.2 Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will:
- Update the “Last Updated” date at the top of these Terms;
- Provide reasonable notice through the Service, by email, or by other means we determine appropriate;
- For material adverse changes to your rights, provide at least thirty (30) days’ notice before the changes take effect, where required by law.
Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of those updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
16. Termination
16.1 Termination by You
You may terminate your account and stop using the Service at any time as described in Section 4.3.
16.2 Termination by Us
We may suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, including if:
- You violate these Terms;
- We are required to do so by law or regulation;
- Continuing to provide the Service to you would expose us to legal or regulatory risk;
- We decide to discontinue the Service or any part of it.
16.3 Effect of Termination
Upon termination:
- Your right to use the Service immediately ceases;
- We may delete or retain your account data as described in our Privacy Policy and applicable law;
- Any provisions of these Terms that by their nature should survive termination (including sections on intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.
17. Governing Law and Dispute Resolution
17.1 Governing Law
These Terms and any dispute arising out of or relating to them or the Service will be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.
17.2 Dispute Resolution
You and Backster agree to first attempt to resolve any dispute through good-faith informal negotiation. If a dispute cannot be resolved informally within thirty (30) days of written notice from one party to the other, the dispute will be resolved as follows: Any unresolved dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by binding arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the SIAC then in force, which rules are deemed incorporated by reference into this clause. The seat of the arbitration will be Singapore. The tribunal will consist of one (1) arbitrator. The language of the arbitration will be English. This arbitration agreement is governed by the law of Singapore. To the maximum extent permitted by applicable law, you and Backster waive any right to bring or resolve any dispute in any other forum or court.
17.3 Class Action Waiver
To the maximum extent permitted by applicable law, you and Backster agree that disputes will be resolved only on an individual basis and not as part of any class action, collective action, or representative proceeding.
17.4 Time Limitation
Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or such claim is permanently barred to the maximum extent permitted by applicable law.
18. General Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Backster regarding the Service and supersede all prior agreements and understandings.
18.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid provision will be reformed to the minimum extent necessary to make it enforceable while preserving its intent.
18.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Backster.
18.4 Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms at any time without your consent.
18.5 Force Majeure
We will not be liable for any failure or delay in performance under these Terms resulting from events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, network failures, internet failures, power outages, cyberattacks, regulatory actions, or other similar events.
18.6 Relationship of Parties
Nothing in these Terms creates any partnership, joint venture, employment, agency, or fiduciary relationship between you and Backster.
18.7 Notices
We may provide notices to you through the Service, by email to the address associated with your account, or by other reasonable means. You may provide notices to us at support@backster.app.
18.8 Apple-Specific Terms
If you accessed the Service through Apple’s App Store, the following additional terms apply:
- These Terms are between you and Backster only, not Apple. Apple is not responsible for the Service or its content.
- Apple has no obligation to provide maintenance or support services for the Service.
- Apple is not responsible for addressing any claims by you or any third party relating to the Service, including product liability claims, claims that the Service does not conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation.
- Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual property infringement claim related to the Service.
- You represent and warrant that you are not located in a country subject to U.S. embargoes or designated as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.
19. Contact Us
If you have questions about these Terms, please contact us at:
Email: support@backster.app
The Service is operated by Backster Enterprise of 52-2, Jalan Puteri 1/2, Bandar Puteri, 47100 Puchong, Selangor, Malaysia. Company registration number (if applicable): 202603093994 (003840134-X).
By using Backster, you acknowledge that you have read and understood these Terms of Service, including the disclaimers of warranties, limitations of liability, and indemnification obligations, and you agree to be bound by them.