These Terms of Service, presented by FundedTrading (referred to as the "Terms"), establish the rules and responsibilities pertaining to you (referred to as a "Counterparty" or the "Customer") use of the challenges and services provided by FundedTrading (referred to as "FundedTrading Challenges," "Challenges," "Evaluation," or "Services," and collectively as the "Provider"). These services are primarily accessible through the website www.FundedTrading.io (referred to as the "Website"). The Customer is kindly urged to thoroughly review these Terms. The Customer is not obliged to use the Services or engage in FundedTrading Challenges if the Customer does not agree with or comprehend any part of these Terms. It is essential that the Customer choose to use the Services only if the Customer understands and consents to these Terms. By engaging in our Services or participating in the FundedTrading Challenges we offer, the Customer validates their acceptance of these Terms and their commitment to adhere to them.
By using our site and/or enlisting in a Challenge, the Customer agrees to be bound by the following terms and conditions, as well as any other terms and conditions and policies linked herein and/or accessible through a hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, consumers, merchants, and/or content creators.
Please carefully read these Terms of Service before accessing or using our website. By accessing or using any part of the site, the Customer agrees to be bound by these Terms of Service. If the Customer does not agree to all of the terms and conditions of this agreement, the Customer may not visit the website or use any services. If these Terms of Service are deemed an offer, acceptance is strictly limited to these Terms of Service. The Services are only available to those over the age of 18 who reside in countries where the Services are provided.
Any additional features or tools added to the existing site (within the given accounts area) will be subject to the Terms of Service as well. The most recent version of the Terms of Service can be seen on this page at any time. By making updates and/or changes to our website, we reserve the right to update, change, or replace any part of these Terms of Service. It is the Customer's responsibility to check this page periodically for changes. The Customer's continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.
“Account” means an account of a User that is registered with FundedTrading that has access to specified Services or functionality of Sites of FundedTrading.
“Content” means all information and other materials present on the Sites, including, without limitation, the Services, FundedTrading’s Products and Content, text, images, photos, trading ideas, publications, opinions, rumors, advice, charts, financial information, ratings, and reviews.
“Credit or Debit Card Information” means certain credit card or debit information, as the case may be, including your card number, CVV number, expiration date, phone number, name, billing address, and email address.
“Data” means information generated by you and other Users (whether aggregated or otherwise), including any and all information related to trading activity.
“Designated Agent” means the FundedTrading representative designated to receive notification of claimed infringement under the Digital Millennium Copyright Act.
“Fee” means regular payment for using the activated Account.
“Feedback” means your comments, feedback, information, or other materials regarding the Sites and Services.
“Force Majeure Event” means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs, or other industrial action by third parties, civil commotion, pandemic, riot, government orders, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
“Intellectual Property” means FundedTrading’s Sites and Services, their contents, or any copyright, trademark, trade name, service mark or any other proprietary information of FundedTrading.
“Linked Website” means any website owned by a third party to which or from which FundedTrading’s Site is linked.
“Marks” means, collectively, the trademarks, service marks, slogans, logos, trade dress, and other identifiers displayed on FundedTrading Sites and Services, or otherwise used by FundedTrading.
“Orders” means requests for subscriptions or other services which are placed through the Sites or Services or through a third-party.
“Personal Data” means any information relating to an identified or identifiable natural person or any information that is used for the behavior profiling of a particular natural person, if that person is identified.
“Services” means, as applicable, the evaluation or other services offered by an applicable affiliate of FundedTrading.
“Simulated Account” means an account using real-time simulated Data and any accounts relating to tracking education courses provided by FundedTrading including those described in Section 7. Trades in a simulated account are not made in live markets and do not incur actual profits or losses.
“Sites” means FundedTrading’s Websites, software, applications, online services, and products.
“Soft Breach” occurs where the daily loss limit objective for your Account is breached. A Soft Breach is not considered a rule violation, but rather, places a temporary breach from trading for the remainder of the then current trading session.
“System” means the integrated cloud computing solution for providing the FundedTrading Services, including applications, software, hardware, databases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith.
“Terms” means the terms and conditions contained in these Terms of Use and all other operating rules, policies (including, without limitation, our Privacy Policy at https://www.FundedTrading.io/privacy-policy/) and any future modifications thereof, and procedures that may be published from time to time on the Sites or Services or made available to you on or through the FundedTrading Services.
“Third Party Services” means products or services that are not under the control of or maintained by FundedTrading or that are not otherwise provided by FundedTrading.
“FundedTradingFunded” means FundedTrading LLC, Building A2, Dubai Digital Park Dubai, United Arab Emirates
“FundedTrading Parties” means FundedTrading, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each.
“FundedTrading Products and Content” means the Website, Services, System, Content, and all other content, services and/or products available on or through the Sites.
“User Content” means blogs, comments, or other content submitted or posted by a User that is intended for public display on any of FundedTrading’s Sites or Services.
“User Credentials” means the unique email/username and password combination.
“User Section” means the user interface located on the Website.
If you have any questions or comments or seek any additional information on FundedTrading, please contact Support. You may write to us at: FundedTrading, Building A2, Dubai Digital Park Dubai, United Arab Emirates. Inquiries or other correspondence for the Designated Agent should be sent to the above mailing or electronic address. You acknowledge that all communication from FundedTrading or its affiliates in connection with the provision of Services will take place through your e-mail address, which you register with us. Written electronic communication by e-mail or through the User Section is also considered to be written communication.
The Provider retains the right, but not the obligation, to limit the sales of products or services to any person, geographic region, or jurisdiction. This discretion may be exercised on a case-by-case basis. Furthermore, the Provider reserves the right to limit the quantities of any products or services that it offers. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the Provider. The Provider also reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
The Provider does not warrant that the quality of any products, services, information, or other material purchased or obtained by the Customer will meet the Customer's expectations, or that any errors in the Service will be corrected.
3.1 We provide a platform and tools for simulated trading in the Foreign Exchange market or trading with other instruments on other financial markets. Accordingly, we provide an opportunity to motivate forex traders to trade from demo accounts connected to our capital.
3.2 You must first pass our two-phase evaluation program before you may proceed to start trading for real profit.
3.3 You acknowledge that any trading that you perform through our service is not real.
3.4 By using our services, you agree to be bound by our Trading Objectives.
3.5 Third Party Services.
3.5.1 You acknowledge and agree that the Company provides access to applications of other third parties.
3.5.2 You will be able to connect your account to third party accounts. By connecting your account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
You represent and warrant that you are at least 18 years of age. In jurisdictions, territories, and locations where the minimum age for permissible use of the Sites or Services is greater than 18 years of age, you represent and warrant that you meet the age requirement for the minimum age for permissible use of the Sites or Services. If you are under the minimum age for permissible use of the Sites or Services, in your jurisdiction, territory, or location, irrespective of whether your parent or guardian consents to your use of the Site or Services, you may not utilize the Sites or Services.
You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you. The right to access the Sites or Services is revoked where these Terms or use of the Sites or Services are prohibited or to the extent offering, sale or provision of the Sites or Services conflicts with any applicable law, rule, or regulation. The Sites or Services are offered only for your use, and not for the use or benefit of any third party.
You may not, without our prior written consent, access FundedTrading Products and Content (a) for production purposes, (b) if you are a competitor of FundedTrading, (c) to monitor the availability, performance or functionality of the FundedTrading Sites or Services, or (d) for other benchmarking or competitive purposes.
You acknowledge and agree that we are not a broker-dealer, as such term is used in United States financial services regulations, and that we do not trade securities on our or another party’s behalf as part of the Sites or Services, nor do we directly offer any financial advice of our own as part of the Sites or Services. You acknowledge and agree that we are not liable for any losses or gains that may arise from your reliance upon information provided through the Sites or Services or your interaction with other Users.
The information presented on or through the Sites or Services includes financial and market information. Such information is made available solely for entertainment and general information purposes. We do not warrant the accuracy, completeness, timeliness or usefulness of such information and such information has not been verified. Any reliance you place on such information is strictly at your own risk. We do not invite that any action be taken upon the information we provide. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Sites or Services, or by anyone who may be informed of any of its contents.
The information presented has been prepared without regard to individual investment objectives, financial situations or means. Such information is not intended to constitute investment advice and is not designed to meet your personal financial situation. Many of the investments described on or through our Sites or Services involve significant risks, and any discussion of risks contained on the Sites or Services should not be considered a complete discussion of risks involved. We recommend that you consult with your financial advisers about investment options and whether any investment may be appropriate for your specific needs prior to making any investments. You acknowledge and agree that you have sole responsibility for your investment decisions and that you should not rely solely on any information provided through the Sites or Services with regard to any investment decisions you make.
The information and material provided on the Sites or Services is not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product, or instrument, or to participate in any particular trading strategy.
We use reasonable efforts to maintain the Sites or Services, but we are not responsible for any defects or failures associated with the Sites or Services, any content posted on the Sites or Services, any widgets or similar applications use, or any damages (including lost profits or other consequential damages, even if we have been informed of the same) that may result from any such defects or failures. The Sites or Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which we may undertake from time to time, or (c) causes beyond the control of FundedTrading or which are not foreseeable by FundedTrading.
Our Sites or Services include content provided by third parties, including materials provided by other users, company owners, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any such materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Any such materials do not necessarily reflect our opinion and have not been verified by us. The information in such publications may become outdated, and we have no obligation to update it. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties whether shown on the Sites or Services or otherwise.
If any of our Sites or Services contain links to other sites and resources provided by third parties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Websites linked to our Sites or Services, you do so entirely at your own risk and subject to the terms of use for such Websites. We encourage you to read the privacy policy for each website, application, and service you visit, use, or interact with.
FundedTrading does not promote any financial instruments on the Sites or Services. FundedTrading does not receive any compensation from companies whose financial instruments appear on the Sites or Services.
We take no responsibility and assume no liability for any User Content. We have no obligation to pre-screen or monitor User Content. We reserve the right, upon notification or flagging from a third party, to delete or edit User Content, in whole or in part, in our sole discretion at any time and without notice.
THE SITES AND SERVICES ARE NOT, AND MAY NOT BE CONSIDERED, INVESTMENT SERVICES. FundedTrading DOES NOT GIVE OR PROVIDE TO YOU ANY GUIDANCE, INSTRUCTIONS, OR INFORMATION ABOUT HOW OR IN WHICH MANNER YOU SHOULD PERFORM TRANSACTIONS WHEN USING THE SITES, SERVICES OR OTHERWISE, OR ANY OTHER SIMILAR INFORMATION ABOUT THE INVESTMENT TOOLS TRADED, NOR DOES FundedTrading ACCEPT ANY SUCH GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM YOU. NONE OF THE SITES OR SERVICES CONSTITUTE INVESTMENT ADVICE OR RECOMMENDATIONS. NO EMPLOYEES, STAFF, OR REPRESENTATIVES OF FundedTrading ARE AUTHORIZED TO PROVIDE INVESTMENT ADVICE OR RECOMMENDATIONS. SHOULD ANY INFORMATION OR STATEMENT OF ANY EMPLOYEE, STAFF, OR REPRESENTATIVES OF FundedTrading BE INTERPRETED AS INVESTMENT ADVICE OR RECOMMENDATIONS, FundedTrading EXPLICITLY DISCLAIMS THAT THE SAME IS INVESTMENT ADVICE OR RECOMMENDATIONS AND SHALL NOT BE RESPONSIBLE FOR THEM
ALL CONTENT PRESENT ON THE SITES AND SERVICES IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES CONCERNING THE CONTENT’S NATURE OR ACCURACY, EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, AND ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.
Except as expressly contemplated in advancing past the evaluation, you may not transfer or combine your Account’s performance, service parameters, Data, or any other information between products or with any other User.
Access to your Account and the Services is protected by login Data, which you are prohibited from making available to, or sharing with, any third party. If you are registered as a legal entity, the Sites and Services may be used by the User’s employees and representatives. The User is responsible for all activities that are performed through the User’s Account. FundedTrading bears no responsibility, and the User is not entitled to any compensation, for any misuse of any part of the Sites and Services, nor is FundedTrading responsible for any negative consequences thereof.
The User acknowledges that the availability of the Sites and Services is not guaranteed and is subject to unavailability due to maintenance, upgrades, or any other reasons. In particular, FundedTrading bears no responsibility, and the User is not entitled to any compensation, for the unavailability of its Account and for damage or loss of any Data or other content that is uploaded, transferred, or saved on the Sites and Services.
You may terminate your Account at any time by contacting Support. FundedTrading will confirm the receipt of the request to the User by e-mail, and the contractual relationship between the User and FundedTrading will be terminated as of the date of the confirmation email. Users are not entitled to any refund of any fees or costs if they have started the evaluation. If the user has not started the evaluation process on their dedicated account, then he or she is entitled to a refund.
Users may perform any simulated trading in the evaluation other than any such transaction which constitutes Prohibited Conduct (as such term is defined below). You also agree to follow good market standard rules and practices for trading on financial markets (e.g., risk management rules). Restrictions may also be imposed by the trading conditions that you have selected for trading. You acknowledge that FundedTrading has access to information about the trades that you perform on the Sites. You grant FundedTrading the right to share this information with its affiliates and use any such Data relating to your activity in the Site and Services for its legitimate business purposes. You agree that these activities may be performed automatically without any further consent, consultation, or approval on your part, and that you are not entitled to any remuneration or revenue associated with the use of the Data by FundedTrading. FundedTrading bears no responsibility for the information displayed on the Sites or Services, nor for any interruption of, or delay or inaccuracy in the market information displayed through your Account. You agree to apply market standard risk management rules for trading on financial markets at all times while using the Sites and Services. You acknowledge that these standards are not met where you open substantially (i) larger position sizes compared to your other trades, or (ii) smaller or larger number of positions compared to your other trades.
FundedTrading reserves the right to determine, at its own discretion, whether certain trades, practices, strategies, or situations are Prohibited Conduct.
If you engage in any of Prohibited Conduct, FundedTrading may (a) consider it as a failure to meet the conditions of the particular account, (b) remove the transactions that violate the prohibition from your trading history and/or not count their results in the profits and/or losses achieved by such Simulated Trading, or (c) immediately cancel all Services provided to you and subsequently terminate this Agreement and your Account. If the User engages in any Prohibited Conduct, FundedTrading may prevent the User from accessing any or all Sites and Services, including the Account and the Sites, without any compensation or refunds. FundedTrading is not responsible for trading or other investment activities performed by you or otherwise related to the Services in real trading on financial markets, except as expressly agreed upon pursuant to any supplemental or separate written agreement.
DEVELOPMENTS IN FINANCIAL MARKETS ARE SUBJECT TO FREQUENT AND ABRUPT CHANGES. TRADING ON FINANCIAL MARKETS MAY NOT BE PROFITABLE AND CAN LEAD TO SIGNIFICANT FINANCIAL LOSSES. ANY PREVIOUS PERFORMANCES AND PROFITS OF THE USER’S SIMULATED TRADING ARE NOT A GUARANTEE OR INDICATION OF ANY FURTHER PERFORMANCE.
Section 8 – Know Your Customer (KYC)
FundedTrading is to implement robust and comprehensive procedures in accordance with legal and regulatory requirements pertaining to Know Your Customer (KYC), Customer Due Diligence (CDD), and Enhanced Due Diligence (EDD).
8.2. Know Your Customer (KYC):
The objectives of the Know Your Customer (KYC) procedures are to:
8.2.1. Establish a streamlined and efficient mechanism for identifying and vetting prospective Counterparties.8.2.2. Mitigate the risks of money laundering by acquiring and analyzing relevant information.
8.2.3. Facilitate the detection of suspicious transactions by identifying inconsistencies with the information received.
8.3. Customer Due Diligence (CDD):
CDD is a mandatory process for initiating and maintaining engagements with Counterparties. The CDD protocol mandates:
8.3.1. Collecting verifiable identification data from Counterparties to unequivocally establish their identity.
8.3.2. Understanding the intended nature and purpose of the Counterparty's trading activities, including the strategies to be employed and the financial market knowledge to be assessed.
8.3.3. Performing ongoing monitoring of trading activities to ensure they are consistent with the Counterparty's stated trading strategy, risk profile, and financial resources.
8.4. Enhanced Due Diligence (EDD):
For business relationships or transactions that present a heightened risk, as determined by The Provider's risk assessment, EDD will be implemented. These enhanced measures exceed standard CDD requirements and include:
8.4.1. Obtaining additional identity verification documents, particularly in cases where standard documentation has proven insufficient or questionable.
8.4.2. Conducting a detailed interview, which may include a video call, to personally engage with the Counterparty and better assess their legitimacy.
8.4.3. Gaining deeper insight into the Counterparty’s trading methodology to ensure it aligns with our risk tolerance and the ethical trading standards set forth by FundedTrading -
8.4.4. Implementing intensified and ongoing monitoring of the Counterparty's trading activities, to dynamically evaluate adherence to agreed-upon practices and risk parameters.
8.5. Know Your Customer (KYC) Procedures by FundedTrading
The Provider shall undertake KYC measures for all proposed transactions and business relationships. Under general KYC measures, The Provider shall take the following steps to ensure a transparent KYC process:
8.5.1. Verify the identity of the Counterparty based on original or properly certified documents after the challenge phases have been successfully completed. The KYC verification process shall be initiated first.
8.5.2. Upon starting verification, the Counterparty shall be vetted through two options: scanning a QR code or receiving a verification link via SMS. The Counterparty will receive instructions upon choosing the convenient option.
8.5.3. The Counterparty shall be asked to submit specific documents. The documents may include a valid photo ID such as:
8.5.4. KYC verification shall not be completed if expired documents are provided. Only the most recent and valid documents will be accepted to proceed with the verification process.
8.5.5. After gathering the necessary documents, the Counterparty shall be directed to the “Agreement Signing” stage. They must provide a full name and address and agree to the terms mentioned in the agreement. Following these steps, the verification process shall commence and may take 48-72 hours.
8.5.6. The Provider requires strict compliance with these measures. The Provider reserves the right to refuse or discontinue any business engagement with a Counterparty if the CDD, EDD, or KYC criteria, as outlined herein, are not satisfactorily met8.5.7. It is to be noted that failure to pass the KYC verification process shall result in the rejection of the Counterparty’s FundedTrading Account application.
Our Sites or Services may refer to Third Party Services. These Terms do not apply to such Third Party Services and we encourage you to read the terms and conditions for each website, application, and service you visit, use, or interact with (including, without limitation, Third Party Services). You are responsible for performing your own due diligence and evaluating whether any Third Party Services are appropriate for you. You agree that FundedTrading is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing or using such Third Party Services. If you access, visit, or use any Third Party Services referred to on our Sites or Services, you do so at your own risk.
FundedTrading EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE FundedTrading PRODUCTS AND CONTENT INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FundedTrading DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS OF FundedTrading SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FundedTrading SITES OR SERVICES, ITS SERVERS, OR ANY E-MAIL SENT FROM FundedTrading ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FundedTrading DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITES OR SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, FundedTrading SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BY USING THE SITES OR SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES OR SERVICES.
YOU ACKNOWLEDGE THAT THE SITES AND SERVICES, AND OTHER CONTENT ARE PROVIDED “AS IS” WITH ALL THEIR ERRORS, DEFECTS AND SHORTCOMINGS AND THAT THEIR USE IS AT YOUR SOLE RESPONSIBILITY AND RISK.
WITHOUT LIMITING THE ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FundedTrading DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY LINKED WEBSITE. FundedTrading DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE.
THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON OUR SITES, SERVICES, OR ON A LINKED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. FundedTrading DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR SITES, SERVICES, OR A LINKED WEBSITE IS UPDATED OR COMPLETE. FundedTrading HAS NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITES OR SERVICES AND MAY CHANGE OR IMPROVE OUR SITES OR SERVICES AT ANY TIME WITHOUT NOTICE.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH OUR SITES OR SERVICES BY ANY PARTY OTHER THAN US.
IN NO EVENT WILL FundedTrading, ITS PARENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES, OR THE RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS OF EACH BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST OR CORRUPTED DATA OR LOST OPPORTUNITY, NOR MONETARY HARM OR PROPERTY DAMAGE EVEN IF YOU OR ANY OTHER PERSON HAS NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE, OR CONTENT, OF OUR SITES OR SERVICES OR A LINKED WEBSITE OR IN RELIANCE OF ANY TOOL, FUNCTIONALITY INFORMATION OR OTHER CONTENT AVAILABLE IN CONNECTION WITH THE SITES OR SERVICES WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR SERVICES, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND/OR SERVICES.
FundedTrading reserves the right to modify, change, replace, add, or remove any elements and functions of the Sites and/or Services at any time without any compensation. FundedTrading is not responsible for its failure to provide the Sites and/or Services if that failure occurs due to technical or operational reasons beyond FundedTrading’s control, including, without limitation, if due to Force Majeure Events or if FundedTrading is prevented from providing the Sites and/or Services as a result of any obligations imposed by law or a decision of a public authority.
FundedTrading IS NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES, APPLICATIONS OR OTHER THIRD-PARTY CONTENT THAT YOU USE IN CONNECTION WITH THE SITES OR SERVICES.
IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR SERVICE OR THE USE OR PERFORMANCE THEREOF, EXCEED THE GREATER OF (a) THE AMOUNT PAID BY YOU TO FundedTrading IN THE IMMEDIATELY PRECEDING MONTH FOR FundedTrading’S PRODUCTS OR SERVICES OR (b) $100. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THIS LIMITATION ON LIABILITY INCLUDES TRANSMISSION OF VIRUSES THAT INFECTS YOUR EQUIPMENT, MECHANICAL OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE, OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, OR ANY FORCE MAJEURE.
Certain Sites of FundedTrading allows Users to place Orders. Upon placing an Order, you shall pay to FundedTrading the purchase price as set forth in the “Order Summary” page or similar ordering mechanism. FundedTrading, its third-party affiliates, and/or service providers may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order.
Upon the purchase of an Order or other service rendered by FundedTrading through the Sites or Services, you acknowledge that FundedTrading will provide availability and access to the service requested. Your participation in, or failure to use, such purchased service does not entitle you to a refund.
Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and FundedTrading reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including after an Order has been submitted and whether or not the Order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, FundedTrading will issue you the appropriate credit within a reasonable time after your Order has been revoked.
Service charges are inclusive of all taxes. Users are responsible for tax obligations, if any, in connection with the use of our Services in accordance with applicable law.
FundedTrading accepts payments via credit and debit card through our Sites or Services and utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. For more information, please see our Privacy Policy. Certain Credit Card and Debit Card Information will be encrypted and received via a secure page. You represent and warrant that you are an authorized signatory of the credit or debit card or other method of payment that you provide to FundedTrading or its third-party payment processor to pay any fees or taxes related to your purchases of products or services through our Sites or Services.
If you are directed to a third-party website to make purchases, your purchase will be governed by the terms of such third-party website. If you desire to supply Credit or Debit Card Information, Personal Data, or financial information to any third-party service provider or to any Linked Website, you do so at your own risk and discretion. We strongly recommend you review the terms and conditions and privacy policy of any third party before providing such information. FundedTrading is not responsible should you provide such information to any third party and is not responsible for the use of such information by any third party.
You may link to our Sites or Services, provided that (a) you do so in a way that is fair, in compliance with all applicable laws, rules and regulations, and does not damage our reputation; and (b) you shall not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to revoke your permission to link to our Sites or Services at any time and for any reason.
Certain functionality of the Sites or Services is limited to Users who have registered an Account for the applicable services. Such Users will have unique User Credentials issued for their Account. You represent and warrant that all Account information is truthful and accurate, and you will update such information to ensure its accuracy. You represent and warrant that you have provided a valid email address at the time of registration. You agree that all information you provide to register with our Sites or Services or otherwise, including through the use of any interactive features on our Sites or Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You may update your personal information through our Sites or Services or by contacting us via the contact information provided above or otherwise set forth in the Terms.
Users are responsible for the confidentiality of User Credentials and shall be responsible and liable for access to or use of the Sites or Services by such User or any other person or entity using such User Credentials (whether or not such access has been authorized). You agree that access to the Account will be limited to the User which subscribed under such account. You agree to immediately notify FundedTrading if you learn of, or have reason to suspect, any unauthorized use of your account or any other breach of security.
Without limiting our other rights and remedies, You acknowledge and agree that FundedTrading is authorized to act on all instructions received through your Account, and that FundedTrading may, but is not obligated to, deny access, or block any transaction made through use of your Account without prior notice if we believe that such Account is being used by someone other than its registered User, or for any other reason.
FundedTrading reserves the right to refuse to grant User Credentials to any individual for any reason, including, if such User impersonates someone else, is protected by trademark or other proprietary rights law, or is vulgar or offensive. FundedTrading shall not be liable for any loss or damage arising from a User’s failure to comply with this Section.
By submitting User Content, you grant FundedTrading an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license (the “License”), in any form or format, in whole or in part, to host, store, maintain, use, reproduce, distribute, display, publish, modify, prepare derivative works of, and otherwise exploit all or any portion of such User Content on the Sites or Services and on any other websites, channels, or distribution platforms, for any purpose whatsoever, without accounting, notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to FundedTrading, in its sole discretion. All rights, licenses and privileges herein described are granted to FundedTrading immediately upon submission of User Content and shall continue perpetually and indefinitely. Any information that you wish to remain private should not be submitted with or as User Content.
Furthermore, your submission of User Content signifies your representation and warranty of the following:
FundedTrading Sites or Services and their entire contents, features, and functionality (including all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by FundedTrading, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You shall not challenge the ownership or rights in FundedTrading’s Sites or Services or any component thereof.
You are granted a personal nonexclusive, nontransferable, nonsublicensable, nonassignable, limited, and revocable right to access, use, display, and navigate our Sites and Services solely for your personal, non-commercial, and non-public use. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our material, except for your personal, non-commercial, and non-public use. You shall not access or use for any commercial purposes any part of our Sites or Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Sites or Services in breach of these Terms, your right to use FundedTrading Sites and Services will cease immediately and you must, at our option, return, or destroy any copies of the materials you have made. No right, title, or interest in or to our Sites or Services or any content on our Sites or Services is transferred to you, and all rights not expressly granted herein are reserved by FundedTrading. ALL RIGHTS RESERVED.
Any use of our Sites or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, trade secret, and other laws.
The Marks displayed on our Sites and Services are the property of FundedTrading, unless otherwise disclosed and any and all rights not expressly granted herein are reserved. ALL RIGHTS RESERVED. You are prohibited from using, removing, or altering any Marks for any purpose including use on other materials, in presentations, as domain names, or as meta-tags, without our written permission.
Except as expressly provided above, no Intellectual Property displayed on FundedTrading Sites or Services or on any of the Content may be reproduced, altered, removed, transmitted, published, or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of FundedTrading. Use of any FundedTrading trademarks as metatags on any third-party site is strictly prohibited. You may not co-brand our Sites or display our Sites in frames (or any of the Content via in-line links) without prior written permission from FundedTrading. You agree to cooperate with FundedTrading in causing any unauthorized co-branding, framing, or linking to immediately cease. You may not remove, modify, or alter any copyright, trademark, or patent notice from any product delivered by us. You agree not to undertake any action that will interfere with or diminish our right, title, or interest in our Intellectual Property.
The following policy has been adopted pursuant to the Digital Millennium Copyright Act (found at http://lcweb.loc.gov/copyright/legislation/dmca.pdf).
The address of the Designated Agent can be found above in Section 2. If you believe that content or material provided through the Sites or Services infringes a copyright, please send a notice containing the following information to the Designated Agent:
The Designated Agent for notice of copyright infringement claims may be reached via the contact information set forth in Section 2 of these Terms of Use.
Users may terminate receipt of any free service publications at any time by sending FundedTrading a request for removal from the relevant distribution list. All free service publication emails will include a link allowing a User to unsubscribe. If you wish to terminate receipt of such publications, please use the link on the attached email or see the contact information provided in Section 2.
FundedTrading reserves the right to refuse to permit or to terminate your access to any of the FundedTrading Sites or Services at any time at its sole discretion. Such termination may result from a violation of the Terms or other referenced agreements, unauthorized use or reproduction of any publication or information, or any or no reason, all determined in FundedTrading’s sole discretion. If such access is refused or terminated, you agree you will not attempt to establish a new Account under any name, real or assumed. All provisions of these Terms shall survive termination, including, ownership provisions, warranty disclaimers, indemnities, and limitations of liability.
19.1. Trading Guidelines
The Customer must adhere to the guidelines listed below. Failure to do so shall result in account termination. The Customer must:
19.1.1. Daily Loss Limits: The Customer must not exceed the specified daily loss percentage of the initial account size, inclusive of charges and swaps:
19.1.2. Account Size Maintenance: The account balance must not drop below the specified percentage of the cycle's initial size, considering all positions and associated charges and swaps:
19.1.3. Minimum Trading Days Requirement: The Customer must trade for a minimum number of days depending on the model:
19.1.4. FundedTrading Challenge Express Model: The 'Non-Consistency' designation exempts the Provider from consistency rules, while the 'Consistency' designation mandates adherence to the consistency rule detailed in the FAQ.
19.1.5. Technical Flaw Exploitation: Using system flaws for advantage is prohibited and may lead to immediate suspension.
19.1.6. Hedging: While multiple hedged positions are permissible within a single FundedTrading Account, cross-account hedging within FundedTrading or with other prop firms is not allowed.
19.1.7. Costs: All costs related to service provision by the Provider are the Provider’s responsibility.
19.1.8. Applicable Rules: The terms outlined in the FAQ/Rules govern FundedTrading Challenge accounts.
19.1.9. Modification by Add-ons and Special Offers: Add-ons and Special Offers selected during the FundedTrading Challenge may modify the trading guidelines in this section. These modifications take precedence over the standard guidelines for their applicable duration.
Violations of the restrictions mentioned in this Article will result in the immediate closure of positions on the trading platform, and the Customer's account may be banned. In such an event, the Provider reserves the right to terminate this Contract.
IF THE USER OR VISITOR VIOLATES ANY PROVISION OF THESE TERMS INCLUDING BY ACCESSING THE SERVICES IN CONFLICT WITH THIS AGREEMENT, PROVIDING INCOMPLETE, UNTRUE OR NON-UPDATED INFORMATION, ACTING IN A MANNER THAT (A) MAY CAUSE FundedTrading RISK OF OR ACTUAL REPUTATIONAL DAMAGE, OR (B) VIOLATES THE TRADING RULES, FundedTrading MAY PREVENT COMPLETELY OR PARTIALLY RESTRICT YOUR ACCESS TO ANY OR ALL OF THE SITES AND/OR SERVICES, WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY COMPENSATION OR REFUNDS.
PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES A WAIVER TO YOUR ABILITY TO PARTICIPATE (AND THE RIGHTS YOU MAY HAVE IN) A CLASS ACTION AND JURY TRIAL.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (A) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (B) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
We assume that all Users and Visitors have read this document and the Terms and agree to its content. By accessing or using the Sites or Services, by accepting the Terms of Use or by entering into any other agreement with us, you agree on behalf of yourself and any entity you represent that you have read, understood, and consented to the Terms. If you do not agree with these Terms, you must refrain from using our Sites and Services.
You acknowledge that you have carefully assessed the possible risks arising from Terms and you accept those risks.
These Terms may change from time to time. If we modify our Terms, we will notify you and post the revised statement here, with an updated revision date, and you acknowledge that such notice may include, without limitation, clear and conspicuous messaging or posting on the Sites or Services indicating the Terms have changed. If you do not agree to any changes to the Terms after receipt of notice, you must discontinue your use of the Sites or Services.
FundedTrading welcomes your Feedback. If you submit Feedback to FundedTrading, please note that your Feedback shall become the property of FundedTrading, and you hereby irrevocably assign to FundedTrading all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis.
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24. Contact Information
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