No. Basically - if you can proove that the backtest information was wrong, then you can due. This is false advertising. If I say my system went long USD to EUR last year at parity (1:1) and the exchange rate was never close... then I make a false statement. Regardless what I may write into a disclaimer, this is fraud. Point.
That said, remember about comission, slippage etc. - often they are not included, and comission in particular can make a hugh difference. Plus make sure you did not make an error.... 😉 Check multiple times. Go through their trades manually and compare to the prices you have. Make sure your data is right etc.