Version 4.0 · effective 27 October 2026
These Terms govern the Constans membership and the use of the software Constans Engine, the web application Constans Console and the website constansengine.com (together the "Service"). The provider is Andri von Känel, sole proprietorship trading as Constans Systems, Scheibenstrasse 19, 3600 Thun, Switzerland ("Constans", "we", "us").
Please read these Terms in full. Provisions in bold limit our liability or impose important obligations on you. By taking out a membership you expressly confirm that you have read and accept these Terms and the Risk Disclosure, which forms part of these Terms. How we process personal data is explained in the Privacy Policy; it is information and not part of the contract. We send you the version in force at your purchase as a PDF with the contract confirmation.
1. Definitions
1.1 Membership: the paid contract for the use of the Service for a fixed term (monthly or yearly) that renews automatically until cancelled. The membership is a software licence and service contract. It does not create membership of an association, a stake in Constans, or any voting, participation or profit rights.
1.2 Engine: the Expert Advisor for MetaTrader 5 that places and manages orders on a trading account operated by you according to a fixed rule set. Our server calculates the trading decisions under this rule set; the Engine executes them on your terminal.
1.3 Console: the web dashboard that shows status and trading data transmitted by the Engine, plus billing, help and community.
1.4 Trading account: any account with a broker or proprietary trading firm ("prop firm") on which you run the Engine – including challenge, verification, funded, demo and real-money accounts.
1.5 Version: a specific state of the Engine and its rule profile. We distinguish bug fixes (technical corrections without changing the trading logic) and strategy updates (changes to the trading logic or parameters).
1.6 Consumer: an individual who enters into the membership mainly for private purposes. Business: anyone acting in the course of a trade, business or profession.
2. What the Service is – and what it is not
2.1 Constans is a software provider only. We do not provide investment advice, asset or portfolio management, brokerage, account management, copy trading or any other financial service within the meaning of the Swiss Financial Services Act (FinSA) or comparable foreign laws. Constans is not a bank, securities firm or asset manager and is not supervised by any financial market authority. In particular, Constans is not registered with the U.S. Commodity Futures Trading Commission (CFTC) or the National Futures Association (NFA) in any capacity.
2.2 We never hold, receive or manage your money. We have no access to your trading account, do not know your trading password and cannot place orders or close positions on your account. The Engine runs only on the terminal that you operate and control.
2.3 The Engine runs the same predefined rule set for all members. It does not take into account your personal financial situation, objectives, knowledge or risk tolerance. Nothing in the Service is a personal recommendation to trade a particular financial instrument or to make a particular trading decision.
2.4 You alone decide whether, when, on which account and for how long you use the Engine, and you can stop it at any time. Every order the Engine places on your account is deemed to have been initiated by you.
2.5 The Console shows data from the Engine, your terminal and third parties. It is for information only. Only the data of your broker or prop firm is authoritative. If figures in the Console differ (e.g. balance, daily loss, drawdown, trading days), the broker's or prop firm's figures prevail.
3. No guarantee of results
3.1 We do not guarantee profits or any particular result. In particular, we do not guarantee that you will pass a challenge or verification, obtain or keep a funded account, receive payouts, reach a profit target, stay within loss limits or avoid losing money on a real-money account.
3.2 The Engine's loss brakes are not a guarantee. The Engine pauses or stops trading at defined thresholds (currently a daily brake at −3.5 % and a total brake at −9 % of starting capital). The thresholds are checked at intervals and calculated from your terminal's data. Because of price gaps, slippage, latency, lack of liquidity, connection interruptions, failures of terminal, server or broker, different calculation methods of the prop firm (e.g. start of day, time zone, treatment of open positions or fees) or errors, losses may exceed these thresholds and the limits of your prop firm.
3.3 A stop loss is executed at the next available price. It may be executed considerably worse than the stop price, especially at market open, around major economic data or on price gaps.
3.4 Live, forward-test and simulated results we publish relate to specific accounts, periods and assumptions. Past or simulated results are not a reliable indicator of future results. Your results will differ.
4. Your eligibility and responsibility
4.1 You are at least 18 years old (or of legal age in your country of residence), have full legal capacity and act in your own name.
4.2 You confirm that you understand how leveraged financial instruments (in particular CFDs) work and the risks involved, have read the Risk Disclosure and only use funds – including challenge fees – whose total loss you can bear.
4.3 You alone are responsible for whether using the Engine is suitable for you. We do not assess suitability or appropriateness.
4.4 You are responsible for ensuring that the use of the Service and trading in the relevant instruments is lawful in your country of residence or stay. We may not offer the Service, or parts of it, in certain countries. Persons and countries subject to sanctions of Switzerland, the EU, the United Nations or the United States are excluded.
4.5 Taxes on trading results and payouts are your responsibility.
5. Rules of prop firms and brokers
5.1 You alone are responsible for ensuring that the use of the Engine complies with the rules, terms and requirements of your prop firm or broker – at signup and throughout use. This includes in particular rules on automated trading, Expert Advisors, third-party software, news trading, weekend and overnight positions, minimum holding times, maximum position size, leverage, consistency and trading strategy.
5.2 Prop firms may change and interpret their rules at any time. The Engine has no news filter. On accounts that restrict trading around economic data (e.g. FTMO standard accounts in funded status), the Engine may breach such rules.
5.3 Identical trades across customers. The Engine trades the same rule set for all members. This can result in identical or very similar trades on different accounts at the same time. Some prop firms prohibit or sanction identical trading patterns, group trading, third-party account management or the use of the same strategy by several people. You must check yourself whether this is permitted by your prop firm.
5.4 We are not liable for measures taken by your prop firm or broker, in particular failed challenges, lost fees, account closures, refused or reduced payouts, clawbacks, bans or rule breaches – regardless of whether they are caused by the Engine's behaviour (subject to section 16.1).
6. Real-money accounts
6.1 You may also run the Engine on trading accounts with real money. On real-money accounts you can lose all the capital you deploy; depending on the broker and account type, a loss may even exceed your deposit.
6.2 The Engine's loss brakes relate to the account size you register in the Console. They do not replace your own risk decision. Set the size of your real-money account so that a total loss would be bearable for you.
6.3 We recommend getting to know the Engine on a demo account first.
7. Technical requirements and your cooperation
7.1 You provide at your own cost and risk: a working MetaTrader 5 terminal, a computer or VPS running continuously, a stable internet connection, the correct installation and configuration of the Engine (including allowing the connection to our servers, enabled algo trading and correct symbol mapping) and timely installation of updates.
7.2 You monitor your account yourself. Automated trading is not autopilot. You regularly check whether the Engine is running and how it trades, and you intervene if anything looks wrong (e.g. stop the Engine, close positions manually).
7.3 You report malfunctions, unusual behaviour or discrepancies to us without delay via the Console help or e-mail and stop the Engine until the cause is clear. Failure to do so may reduce or exclude claims under your duty to mitigate damage.
7.4 You run the Engine only in unmodified form and not several times simultaneously on the same trading account. Manual trades or other Expert Advisors on the same account can impair the Engine's risk management; we are not liable for their consequences.
7.5 Correct details. You register your trading account in the Console with correct details – in particular account number, server, account size and phase (e.g. challenge, verification, funded). The Engine calculates the risk per trade and the brakes from these details. Incorrect details can lead to a much higher risk per trade; we are not liable for this. If your balance differs strongly from the registered size, the Engine opens no new positions until you correct the details.
7.6 Account type. The Engine is built for swing accounts (at FTMO: Swing challenge or Swing account). If you use it on another account type, you do so at your own risk (see section 5.2).
7.7 Differences between brokers (e.g. contract size, symbol names, trading hours, time zones, spreads, commissions, swap, leverage, execution type) can affect the Engine's behaviour and results.
8. Availability, updates and versions
8.1 We aim for high availability of our servers (licence check, trading decisions, Console) but do not owe any particular availability. Maintenance, disruptions at third parties (e.g. hosting, database, payment service) and force majeure can cause interruptions.
8.2 If the Engine cannot reach our servers at the time of a check, it does not open a new position; existing positions continue to be managed under the strategy rules. This is a protective mechanism and gives rise to no claim, for example for missed trades.
8.3 We roll out bug fixes automatically or as an urgently recommended update. Strategy updates are released only after our own testing, with a changelog in the Console. Changes required for security or legal reasons may be implemented immediately for all versions.
8.4 There is no entitlement to a particular strategy, parameters, markets or features. We may stop supporting older versions with reasonable notice. A new version is not a promise of better results. If we change the Service in a way that makes it substantially less useful to you, you may terminate the membership with immediate effect and receive a refund of the prepaid amount for the unused time.
8.5 Software may contain errors. We fix material errors known to us within a reasonable time. We do not owe error-free, uninterrupted operation.
9. Licence and intellectual property
9.1 During an active membership you receive a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Engine on MetaTrader 5 terminals controlled by you for the number of trading accounts included in your membership.
9.2 Each licence is bound to the registered trading account number. Rebinding is possible in the Console within the limits shown there.
9.3 In particular, you may not: pass on, sell, rent or share the licence, software, profiles or access data with third parties; run the Engine for third-party accounts or for third parties against payment; pass on the trades generated by the Engine as signals, copy trading or managed accounts to third parties; reverse engineer, decompile or modify the software, read out or replicate its communication with our servers, or circumvent licence checks, unless mandatory law expressly permits this; rebuild or market the strategy.
9.4 All rights in software, strategy logic, profiles, documentation, content, trademarks and design remain with Constans.
9.5 In the event of a breach of section 9.3 we may block the licence immediately and terminate the membership without notice; amounts paid will not be refunded. Further claims, in particular for damages, are reserved.
10. Account and security
10.1 You keep your access data secret and set up two-factor sign-in. You are responsible for actions under your account until you have reported misuse to us.
10.2 We may temporarily block your account or licence if misuse, a security risk or a breach of these Terms is suspected.
11. Membership, prices, payment and automatic renewal
11.1 The contract is concluded when you click the "Subscribe" button in checkout and we confirm the payment. Beforehand we show you the plan, price, currency, term and the automatic renewal terms and obtain your consent to these Terms and the Risk Disclosure.
11.2 The membership is billed in advance for the chosen term (one month or one year) through our payment provider Stripe. The prices and currencies shown in checkout apply; taxes are added where applicable. Additional accounts are billed at the same interval.
11.3 AUTOMATIC RENEWAL: YOUR MEMBERSHIP RENEWS AUTOMATICALLY FOR THE SAME TERM UNTIL YOU CANCEL. The applicable amount is charged to your stored payment method at the start of each new term. You can cancel at any time (section 12); cancellation takes effect at the end of the current term. For yearly plans we remind you by e-mail before the renewal.
11.4 If a payment fails, Stripe retries it over several days and the Console shows the outstanding amount with a link to billing. The Engine keeps trading until three days after the end of the paid term. If payment has not been received by then, it opens no new positions until payment arrives. If payment finally fails, the membership ends (section 14). Chargebacks without legitimate reason entitle us to block access immediately.
11.5 We announce price changes for future terms by e-mail at least 30 days before the next renewal. If you disagree, you can cancel before then; the new price only applies from the next term.
12. Cancellation
12.1 You can cancel the membership at any time, without giving a reason:
- in the Console under "Billing" with the "Cancel membership" button,
- without signing in via the "Cancel contracts here" button linked at the bottom of every page of our website,
- via the Stripe customer portal, or
- by e-mail to [email protected].
12.2 Cancellation takes effect at the end of the current, already paid term (month or year from the respective billing date). Until then the Engine runs normally; nothing is charged afterwards. We confirm receipt of your cancellation immediately by e-mail, stating the date and time of receipt and the date on which the membership ends. You can withdraw the cancellation in the Console until that date.
12.3 After the 14-day guarantee (section 13) has expired, amounts already paid for a started term are not refunded pro rata unless required by law.
12.4 We may terminate the membership with 30 days' notice to the end of a term; prepaid amounts for unused time will then be refunded pro rata. For good cause (in particular misuse, breach of sections 9.3 or 10, or an unjustified chargeback) we may terminate without notice and without refund.
13. 14-day guarantee and statutory right of withdrawal
13.1 Satisfaction guarantee (worldwide): If you are not satisfied with the software or service within 14 days of your first purchase, we refund the full amount – no reason needed. Request the refund in the Console under "Billing" ("Request refund"), via the "Withdraw from contract" button or by e-mail to [email protected]. We refund within 14 days to the original payment method. The membership ends with the refund and the Engine opens no new positions. The guarantee applies once per person and not to renewals or additional accounts. It covers the software and service, not trading results.
13.2 Consumers habitually resident in the EU, the EEA or the United Kingdom also have a statutory right of withdrawal of 14 days from conclusion of the contract, including for additional accounts. It continues to exist even if you request that we start the service immediately. Details are in the withdrawal information at the end of these Terms. Beyond the statutory requirement, we refund the full amount if you withdraw within the period, even if you have already used the Service.
13.3 There is no guarantee or right of withdrawal in respect of trading losses, challenge fees or costs incurred with third parties.
14. End of membership
14.1 When the membership ends (cancellation, withdrawal, guarantee, non-payment, termination), the licence is deactivated. From that moment the Engine opens no new positions. Open positions are managed to completion under the strategy rules; the Engine then stops operating. You can close positions yourself and remove the Engine from the terminal at any time.
14.2 It is up to you to stop the Engine in time if you want to prevent it from managing positions after the end, or if a challenge must be finished by a certain time.
14.3 Your Console account remains accessible for 90 days after the membership ends so that you can export your data. After that we may delete the data unless a retention obligation applies.
15. Content, community, support
15.1 Published figures, simulations, live displays, examples, educational content, social media posts, support answers and community posts are general information and not investment advice. Community posts come from other members; we do not adopt them as our own.
15.2 The rules shown in the community apply (in particular no signals, no investment tips, no profit promises, no advertising). We may hide or delete posts and exclude members from the community. By posting you grant us a free, non-exclusive right to display the post in the Service.
15.3 If you make your community profile visible, other members see the displayed figures of your account. You can switch visibility off at any time.
16. Warranty and liability
16.1 We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under mandatory product liability law and in all other cases in which liability cannot be limited under mandatory law.
16.2 OTHERWISE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY IS EXCLUDED. In particular, we are not liable for:
- trading losses of any kind, including losses from positions the Engine opened, managed, did not open or did not close;
- lost profit, lost payouts, lost challenge, verification or reset fees, lost funded accounts or funding;
- measures taken by prop firms, brokers or other third parties (section 5.4);
- damage from price gaps, slippage, latency, execution quality, requotes, partial fills, market or trading interruptions;
- damage from failures, errors or changes of MetaTrader, terminal, computer, VPS, internet connection, broker servers, power supply or third-party services (e.g. hosting, database, payment processing);
- damage from software errors or temporary unavailability of our servers;
- damage resulting from non-compliance with these Terms, the Risk Disclosure, the installation guide or notices in the Console, from incorrect details in the Console, manual intervention, other Expert Advisors or modified software;
- indirect, incidental, special, consequential or punitive damages, loss of data and reputational damage.
16.3 To the extent permitted by law, we exclude liability for auxiliary persons and third parties engaged by us.
16.4 TO THE EXTENT WE ARE NEVERTHELESS LIABLE, OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNTS YOU PAID FOR THE MEMBERSHIP IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
16.5 TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not warrant that the Service will operate without interruption, error-free or securely, achieve particular results, comply with third-party rules or be fit for a particular purpose. Assurances only apply if we expressly designate them as such in writing.
16.6 Consumers in the EU, the EEA and the United Kingdom: The statutory warranty rights for digital products apply to you; they are not restricted by these Terms. In the event of slightly negligent breach of material contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely), our liability is limited to the typical, foreseeable damage. Trading losses and lost payouts are not typical damage of a software membership, because results depend on the market and on your decisions. Otherwise liability for slight negligence is excluded.
16.7 Mandatory provisions of your country of residence that provide for further liability or warranty remain reserved. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in that case the exclusions and limitations above apply to the fullest extent permitted.
17. Indemnity
You indemnify us against claims of third parties (including prop firms and brokers) arising from your breach of these Terms, third-party rules or applicable law, and reimburse us for reasonable costs of legal defence. This does not apply to the extent you are not responsible for the breach.
18. Force majeure
We are not liable for delays or failures caused by events beyond our reasonable control, in particular natural events, pandemics, war, unrest, cyber attacks, disruptions of power, telecommunications or internet networks, failures of data centres or payment services, official measures or disruptions of financial markets.
19. Data protection and telemetry
The Engine transmits status data (including heartbeat, balance, equity, the Engine's open and closed trades, version, errors; while a trade is open up to once per second) to our servers so that the licence check, trading decisions, protective mechanisms and Console work. Details are set out in the Privacy Policy.
20. Changes to these Terms
20.1 We may change these Terms with effect for future terms, for example for new features, changes in the law or changed third-party rules. We notify you of changes by e-mail at least 30 days before they take effect and highlight them.
20.2 If you are a business or a consumer resident outside the EU, the EEA and the United Kingdom, the changes are deemed accepted if you do not cancel before they take effect; we point this out in the notice.
20.3 If you are a consumer resident in the EU, the EEA or the United Kingdom, we ask for your consent. If you do not consent, the previous version continues to apply; we may then terminate the membership with 30 days' notice to the end of a term and refund prepaid amounts for unused time.
21. Assignment
We may transfer this contract with all rights and obligations to a company founded or controlled by us or to an acquirer of the business. We will inform you; in that case you may cancel to the end of the term. You may only transfer rights under this contract with our written consent.
22. Governing law, jurisdiction, dispute resolution
22.1 Governing law: Swiss law applies, excluding conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident abroad, you retain the protection of the mandatory provisions of the law of your country of residence.
22.2 Place of jurisdiction: Thun, Switzerland. For consumers, the mandatory places of jurisdiction of their residence apply; in particular, they can sue and be sued at their place of residence.
22.3 Consumer dispute resolution: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. If you have a problem, write to [email protected] – we will look for a solution.
22.4 California residents: Under California Civil Code section 1789.3 you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
22.5 Severability: If a provision is wholly or partly invalid, the remainder remains valid. Vis-à-vis businesses, the invalid provision is replaced by a valid one that comes closest to its economic purpose; vis-à-vis consumers, the statutory provisions apply instead.
22.6 Language: These Terms are available in German and English. In case of conflict, the version in the language in which you concluded the contract prevails.
22.7 Communication: Notices are sent by e-mail to the address of your account or in the Console. Keep your e-mail address up to date.
23. Contact
Andri von Känel, Constans Systems · Scheibenstrasse 19 · 3600 Thun · Switzerland · [email protected] · Help chat in the Console
Withdrawal information (for consumers in the EU, the EEA and the United Kingdom)
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period expires after fourteen days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Andri von Känel, Constans Systems, Scheibenstrasse 19, 3600 Thun, Switzerland, e-mail: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. an e-mail). The easiest way is the "Withdraw from contract" button linked at the bottom of every page of our website; no sign-in is required and you immediately receive an acknowledgement of receipt by e-mail. You may also use the model withdrawal form below, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you would by law have to pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract. We waive this amount: you receive the full amount back.
Your membership ends with the withdrawal; the Engine then opens no new positions.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
– To Andri von Känel, Constans Systems, Scheibenstrasse 19, 3600 Thun, Switzerland, e-mail: [email protected]: – I/We () hereby give notice that I/We () withdraw from my/our () contract for the provision of the following service: Constans membership (plan: …) – Ordered on () / received on (*) – Name of consumer(s) – Address of consumer(s) – E-mail address of the Constans account – Signature of consumer(s) (only if this form is notified on paper) – Date
(*) Delete as appropriate.