thornberry — Hypothetical-Performance Disclaimer
Provider: Thornberry LLC, a Wyoming limited liability company — a wholly owned subsidiary of Decryptofy Inc., a Delaware corporation
Version: 1.0.0-beta · Effective date: June 17, 2026
Usage note. The beta site and current Application display no performance numbers. Use the blocks below only if and when a backtest, simulated result, equity curve, or any dollar/percentage performance figure is ever displayed. When used, the applicable statement must appear prominently and in immediate proximity to the figure (not buried in a footer or a separate page).
(a) Futures / commodity-interest results — required CFTC language (17 C.F.R. § 4.41(b)(1)(i))
For any simulated or hypothetical commodity-interest (futures/options-on-futures) performance, the following statement is prescribed by regulation and must accompany the results:
“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.”
(Quoted verbatim from 17 C.F.R. § 4.41(b)(1)(i). A statement prescribed by a registered futures association under section 17(j) of the Commodity Exchange Act may be used instead. If the presentation is other than oral, the statement must be prominently disclosed and in immediate proximity to the simulated or hypothetical performance being presented.)
(b) Expanded futures hypothetical disclaimer — NFA Compliance Rule 2-29 style
Where the NFA-style expanded disclaimer is used (e.g., to satisfy an alternative prescribed statement and the associated expanded-disclosure obligations), the disclaimer should read substantially as follows and be accompanied by the material assumptions and, where applicable, actual results:
"HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.
ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS."
No-track-record add-on (if applicable): If thornberry (or the relevant program) has little or no actual trading experience, add: “THORNBERRY LLC HAS HAD LITTLE OR NO EXPERIENCE IN TRADING ACTUAL ACCOUNTS FOR ITSELF OR FOR CUSTOMERS.”
(c) Equity / securities backtest variant (SEC-flavored)
For any equity/securities backtest, simulated, or hypothetical result:
The performance shown is hypothetical and backtested. Backtested performance is not actual performance; it was created by retroactively applying a strategy to historical data and was not actually traded. Results have inherent limitations: they are prepared with the benefit of hindsight; they do not reflect actual trading, market liquidity, or the impact of fees, commissions, slippage, financing, or taxes unless expressly stated; and they reflect assumptions that may not hold in live markets. The strategy, criteria, and assumptions could be changed to alter the results, and different assumptions would produce materially different results. Past or hypothetical performance is not indicative of future results, and no representation is made that any account will or is likely to achieve profits or losses similar to those shown. This information is provided for illustration only and is not investment advice or a recommendation.
(d) Material-assumptions block — attach whenever any figure is shown
Whenever a figure is shown, also disclose the material assumptions behind it — including the assumed starting capital, position-sizing method, commission and fee assumptions, slippage assumptions, treatment of dividends and corporate actions, the historical date range covered, and the data source — and state any costs the figure does not reflect (such as taxes or financing). Changing any assumption would change the results.