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Hypothetical Performance Disclosure

Status: Human-voice rewrite, pending counsel review. Document version: 2026.05.01 Last updated: 2026-05-01 Effective date: 2026-05-01

What this means in plain English: When we show you a backtest, win rate, or Sharpe ratio, that number describes what our model would have done on past data. It is not what your account will do. Real trading has costs, slippage, missed entries, and emotion that backtests do not capture. Treat every historical number as a rough sketch, not a forecast.

Concrete example: A backtest showing an 80% win rate over 2024 means we ran our model on 2024 data and it would have won 80% of those trades. It does not mean 80% of the trades you take this year will win. Your real fills will be worse than the simulator's, you may miss entries entirely, and your psychology in a drawdown is not in the model.

This document accompanies any backtested, simulated, hypothetical, or model-track-record number we publish. It is referenced from risk_disclosure.md §2.3. The short version (section 1 below) is shown directly under any performance chart that is not the result of actual trading.


1. The short version (shown under every backtest chart)

The performance shown above is hypothetical. It is the output of a model run against historical data. No real trades took place. Hypothetical results have inherent limits. We make no representation that your account will achieve similar profits or losses. Past performance does not guarantee future results.

2. The long version

2.1. The CFTC Rule 4.41(b) baseline

CFTC Rule 4.41(b) requires the disclaimer below wherever hypothetical performance is presented in connection with commodity-futures trading. The Service may not always come within the CFTC's regulatory scope, but we follow the rule's substance for every backtest we publish. The regulator's text, in full, verbatim:

These results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.

2.2. The named-cause list

On top of the CFTC baseline, every hypothetical or backtested result on the Service is subject to these specific limits:

This list is not exhaustive.

2.3. Cost-exclusion language for any backtest that excludes costs

When the Service publishes a return number that does not subtract trading costs (gross of commissions, spread, financing, regulatory fees, and the price impact of the trade), the chart will display this sentence right next to it:

The returns shown above are higher than an investor could achieve in a real account, because they exclude one or more of the following: commissions, exchange and clearing fees, the bid-ask spread, the price impact of the trade, financing costs on leveraged positions, and the overnight return from the close of one trading day to the open of the next. The omitted cost in [%/period] terms is approximately [X]%/[period].

We try never to publish a fully cost-excluded number on the public surface. When we do, that call-out is mandatory.

2.4. In-sample versus realised performance

We tell three kinds of performance number apart:

When in-sample and realised differ — and they always do — we show both side by side. The realised number is the truthful one. The in-sample is for context.

2.5. Forward-looking statements

When the Service mentions a forecast, a confidence band, or an expected return, that statement is a model output. It is not a prediction we stand behind in the strong sense. Forward-looking statements depend on assumptions that may not hold. Real results may differ a lot.

We do not say "AI predicts X". We say "the model output is X". That framing matters.

2.6. Specific metrics — what to watch out for

2.7. Backtest vs live banding

When we publish a backtest curve and a live curve for the same strategy, the backtest is shown in a muted colour and the live is shown in the brand colour. The two are aligned at the live-trading start date, so regime change and live-vs-backtest divergence are visually obvious. We do not recommend strategies whose live curve has diverged below the backtest curve by more than the historical worst drawdown.


3. Implementation notes for the engineering team


Change log

Version Date Change
2026.05.01 2026-05-01 Human-voice rewrite. Plain-English intro added with concrete 80%-win-rate example, sub-sections converted to bullet lists, "for the avoidance of doubt" removed, "shall" replaced. Substance unchanged. Pending counsel review.
2026.04.28 2026-04-28 Initial draft. CFTC Rule 4.41(b) baseline + Streak-style named-cause list + Zacks-style cost-exclusion + in-sample vs realised banding.

Pattern provenance

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