{ "acknowledgments": "6. Acknowledgments.", "affiliation_contract": "Affiliation Contract", "allocation": "3.1 Allocation.", "binding_agreement_and_acknowledgement": "7. Binding Agreement and Acknowledgement.", "calculation_of_reward": "3.2 Calculation of Reward.", "company_shall_provide_trading_skills": "1.1 The Company shall provide the User with a Funded Account to share their trading skills (the \"Funded Trading\"<\/strong>) through the trading platform.", "data_and_use": "5. Data and Use.", "funded_account": "1. Funded Account.", "funded_account_abandonment": "4.3 If the Company, in its sole discretion, believes that User has abandoned their Funded Account (being deemed abandoned with 60 or more consecutive calendar days without any trades made), the Company may, with or without notice, permanently close User's Funded Account. Upon closure due to inactivity, the User will have 90 days to claim any remaining settlement. If no claim is made within 90 days, any remaining settlement will be forfeited and deleted after a total of 150 days of inactivity.", "funded_account_false_statement": "4.4 If the Company, in its sole discretion, believes that User has made a false statement or misrepresentation related to this Agreement, the User Verification Process or the Funded Account, has violated the Trading Rules, has engaged in any Prohibited Conduct, is acting in bad faith or in violation of these Funded Terms, or if the Funded User deviates from the trading characteristics used during the Evaluation stage, fails to comply with newly assigned risk parameters, uses their account for any commercial or marketing purposes (including but not limited to selling services based on the Funded Account or teaching others how to pass the Evaluation stage), or makes any defamatory statements or publishes harmful content about the Company or the Services, including, without limitation, the unauthorized disclosure or publication of email correspondence or other private communications with the Company, the Company may take such action as it deems appropriate in its sole discretion, including but not limited to (i) removing one or more trades or trading date from a Funded User's the Funded Account, and (ii) permanently closing User's Funded Account. If the Company, in its sole discretion, determines to close User's Funded Account pursuant to this Section 4.4, no Reward shall be allocated to the Funded User, any accrued Reward Balance shall be forfeited, the Funded Account shall be immediately terminated, User shall be permanently banned from engaging in any other offerings with the Company, User shall immediately return to the Company any Reward received, and User shall indemnify, defend, and hold the Company harmless from all losses, damages, fines, penalties, and expenses incurred as a result of such violation or breach, including reasonable attorneys' fees and expenses.", "funded_account_termination": "4.2 In the event that the Funded User fails to meet the trading targets in the Funded Account in accordance with the terms of the applicable program, the Funded Account will be terminated for that program.", "funded_account_terms": "Funded Account Terms", "funded_contract": "Professional Contract", "funded_rules": "Funded Rules", "funded_terms_eligibility": "These Funded Account Terms (the \"Funded Terms\"<\/strong>) apply to those Users who graduated from Company's evaluation program known as \"Evaluation\" and successfully passed the User Verification Process and accepted these Funded Terms (the \"Funded User\"<\/strong>).", "funded_terms_notice": "The Funded Terms supplement the Company's Terms of Use (which can be found at Terms of Use<\/a0>) (the {{terms}}<\/strong>) and Privacy Policy (a current copy which can be found at Privacy Policy<\/a1>) in effect from time to time, each of which remain in full force and effect, and apply to the Funded User and govern the Funded User's access to and the use of the Website, the Hub or Services. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Terms.", "funded_user_account_cancellation": "(e) If a Funded User's access to the Funded Account is canceled for any or no reason User shall lose access to the Funded Account and the Services, without being entitled to any compensation.", "funded_user_acknowledgment_data_and_use": "5.1 Funded User acknowledges that he waives any right as far as existed in the data or information accrued in the company's platform. The Company is the sole owner of the data and information and may collect and aggregate information about the Funded User and specific market order suggestions, trading patterns and preferences, and other preferences and interests and use such information in its sole discretion. The Company may share or sell such information to Company's business partners, affiliates, vendors, distributors, or other collaborators for these same purposes and each of them may use all such information to influence their own trading habits through mirroring market order suggestions in actual financial markets or use them in any other manner. Funded User agrees that such activities may be performed automatically and in no circumstance shall Funded User be entitled to any payment or compensation except for the Reward as detailed in Section 3. Further, all such activities shall be performed without the necessity of notice, consent, consultation, or approval by Funded User.", "funded_user_black_swan_events": "(i) In the event of extreme and unusual market movements, also known as \"Black Swan\" events, such as, but not limited to, Flash Crashes, Natural disasters, Technological Disruptions, Political Upheavals, Terrorist Attacks, Biological Events, Financial System Meltdowns and more, the Company may not be able to cover any losses or gains incurred. The Company reserves the right to exclude or adjust for such extraordinary market movements when calculating any gains or losses.", "funded_user_confidentiality": "1.3 The Funded User acknowledges that, once the Funded User is permitted to engage in trading, Funded User shall trade only using Funded User's assigned user id and login information. Funded User shall maintain such user id and log-in information in confidence and such information shall be considered Confidential Information.", "funded_user_consistent_trading": "(j) To continue trading with the same characteristics used during the Evaluation, which led to successful completion of the Evaluation.", "funded_user_excessive_profits_review": "(f) Excessive or unrealistic single day or single trade profits (as determined at the Company's sole discretion) will be subject to review by the Company for any possible violations of Trading Rules or engaging in any Prohibited Use.", "funded_user_has_necessary_knowledge": "(g) The Funded User has the ability, means, knowledge and experience needed for the fulfillment of its undertakings according to this Agreement.", "funded_user_legal_obligations": "2.2 In performing this Agreement, User shall (i) comply with all applicable legal regulations; (ii) if required under applicable law, obtain, and maintain the validity of, all permits, licenses, consents, or approvals, which may apply to User's activities under this Agreement; and (iii) fulfill all notification, tax, fee, or other obligations that may arise in connection with the performance of this Agreement, and in particular with the Reward (defined in Section 3). The User is authorized to access and use the Services only in accordance with the applicable legal regulations and is prohibited from circumventing any technical measures that may limit the availability of the Services in certain countries. In no event shall the Company bear any responsibility for the failure of User to fulfill any of its obligations.", "funded_user_monitoring": "1.2 The Funded User is aware that the Company monitors and analyzes the trades and executes certain trades using Company's own funds in real-world trading environments. Such Company trades may be based on the trades performed by the market order suggestions of the Funded User, based on its sole discretion. The Company evaluates all users' market order suggestions using its risk routers, and it retains exclusive authority to define its risk policy. However, it is crucial to note that the Funded User's experience should remain unaffected by the Company's discretion; Funded Users will be rewarded based on the overall results of their market order suggestions, specifically their total profit and loss. The Funded Users acknowledges and agrees that they have no ownership rights, intellectual property rights, or any other interest in the trades and trading strategy employed by them as part of the Funded Trading. The User further agrees that the Company has the unrestricted right to monitor, record, and use any and all data, information, and strategies generated during the Funded Trading in performing its real-life trades or developing its trading strategies. Consequently, the User hereby waives and releases the Company from any and all claims or demands related to the Company's use of such trades and trading strategies.", "funded_user_no_authorized_services": "(b) No employees or other staff or representatives of the Company are authorized to provide services within the meaning of Section 2.1.", "funded_user_no_employment_relationship": "2.4 It is not the purpose of the Parties to establish employer – employee relations and the User shall use the Services independently, and the Reward setout in these Funded Terms constitute the full and final payout for the Funded Users under this legal status.", "funded_user_no_investment_services": "(a) No performance provided by the Company to the Funded User, including all Services, may be considered as investment services or activities within the meaning of the legal regulations governing, in particular, investment services and capital markets; in particular, the Company does not receive or execute in any case, whether directly or indirectly, any trading instructions, does not provide or conduct investment or other advice, research, recommendations or analyses, and does not give or forward to Funded User any trading instructions, does not receive any assets from, or manage any assets for, the Funded User, and does not provide any related market or exchange services.", "funded_user_no_ownership": "The Funded User has no ownership interest in the Funded Account and no control over or right to perform such trades in a real trading environment using Company funds. The Funded User has no right or entitlement to engage in trading on the trading platform except as permitted by the Company, and the privileges of the Funded User may be terminated by the Company at any time for any reason or no reason in the Company's sole and absolute discretion. The Company may freeze or limit trading at any time in its sole discretion. It is hereby clarified that Nothing in these Funded Terms shall be deemed as preventing the Funded User from simultaneously trading on other trading platforms.", "funded_user_no_performance_guarantee": "(d) Performance in Trading is not indicative of trading in real financial markets, and that past performance and any earned Reward are neither a guarantee nor an indication of any future performance.", "funded_user_no_real_market_orders": "(c) All market order suggestions that the Funded User performs through User's Funded Account shall in no way constitute an instruction to trade in real financial markets or with real currency.", "funded_user_non_transferable_account": "2.3 The Funded Account and any and all rights related to the Services are personal to the Funded User and cannot be transferred by contract or otherwise. The Funded User is prohibited from using their account for any commercial or marketing purposes, including but not limited to selling services based on the Funded Account or teaching others how to pass the Evaluation stage. Any commercial exploitation of the Funded Account will be grounds for termination of the Funded User account and may also lead to termination of the User account on the Hub.", "funded_user_position_flattening": "Additionally, to deter and avoid violations of the Trading Rules and Prohibited Conduct, your positions will automatically be flattened (e.g., closed out) just prior to the end of the then current trading session as determined by the Company.", "funded_user_reassignment": "1.6 The Company reserves the right to assign a different funded program to the User than the one originally selected and completed during the Evaluation stage. This reassignment may occur if the User fails to meet the conditions for the particular program or due to other risk considerations. Additionally, the Company reserves the right to change the terms of the assigned Funded program entirely at its discretion, based on the Company's risk considerations. The assigned Funded program is not binding and may be modified according to the Company's discretion. The Funded User must continue trading with the same trading characteristics used during the Evaluation stage, which led to the successful completion of the Evaluation.", "funded_user_represents_warrants_covenants_to_company": "Funded User represents, warrants, and covenants to the Company as follows:", "funded_user_reward_terms": "User shall be entitled to receive a reward calculated as an allocation of accrued Trading Profits (net of Trading Losses) pursuant to the Trading Rules as derived from the trading simulation platform (the \"Reward\"<\/strong>). Funded User shall not be entitled to any compensation, salary, or other benefit except the appropriate Reward, if any. As used herein, \"Reward Balance\" means, as to a given Funded User, the total accrued and unpaid Reward of such Funded User. The profit split of the Reward Balance shall be determined according to the program selected by the User in the Evaluation stage, as detailed in the program web page, or at the Company's discretion, based on risk assessments. In order to have a different profit split the Funded User has to successfully complete the Evaluation in a different program. Notwithstanding anything to the contrary, (i) a User's Reward Balance shall at no time exceed the maximum balance specified in each program, and (ii) no Trading Profits shall be credited to a User's Reward Balance in excess of the Maximum Balance (with any such profits in excess of the Maximum Balance being disregarded and inapplicable to any future calculation of a Reward Balance or Trading Profits).", "funded_user_risk_parameters": "(h) The Company reserves the right to require Funded Users to apply specific risk parameters to accurately assess risk within their Accounts. These parameters may include, but are not limited to, leverage limits or position size constraints. It is important to note that these requirements may be temporary in nature and subject to periodic review and adjustment by the Company as necessary.", "funded_user_trading_hours": "1.5 Trading is subject to the trading hours of the exchanges for each asset, as every trading asset has different trading hours. Traders are only permitted to trade permitted products by the Company.", "funded_user_trading_rewards": "In connection with any Trading conducted by the Funded User, the Funded User will be rewarded as follows:", "funded_user_trading_rules": "1.4 In connection with Trading, the Trading Rules detailed in the Terms and the Prohibited Conduct (for more details please refer to Trading Rules<\/a0>) continue to apply. The Funded User acknowledges and agrees that Funded User is solely responsible for staying current on Trading Rules and Prohibited Conduct, which are subject to change at any time and from time to time, with or without notice.", "funded_user_trading_terms": "6.1 Funded User acknowledges that (a) no actual trading in live markets will ever occur through the Funded Account; (b) User has no right, title, or ownership in any property, funds, or positions in the Funded Account; (c) all undistributed Reward are at risk of loss; (d) the Company have full discretion whether or not to execute the market order suggestions of the Funded User in the real-world trading; and (e) the Company solely communicates using the English language. Funded User represents and warrants that Funded User possesses the necessary proficiency in the English language to communicate for all purposes necessary and incidental to this Agreement.", "funded_user_violation": "If the Company, in its sole discretion, determines a Funded User has violated any Trading Rules or engaged in Prohibited Conduct, the Company may, in its sole determination, remove any profits, delete a trading day, reset a Funded Account, or ban a User from any further use of the Services.", "nyse": "NASDAQ", "nyse_modal": { "accepted_and_agreed": "ACCEPTED AND AGREED: I, the 'Subscriber' to which the preceding terms and conditions refer, acknowledge that I have read the preceding terms and conditions of this Section 2, that I understand them, that I answer 'No' to the questions set forth in Section 10, and that I hereby manifest my assent to, and my agreement to comply with, those terms and conditions by 'clicking' on the following box:", "agreement_for_market_data_display_services": "Agreement for Market Data Display Services", "asset_manager_question": "(f) Are you engaged as an asset manager?", "bank_employee_definition": "(c) employed by a bank or other organization exempt from registration under Federal and\/or state securities laws to perform functions that would require him or her to be so registered or qualified if he or she were to perform such functions for an organization not so exempt.A person who works outside of the United States will be considered a 'Securities Professional' if he or she performs the same functions as someone who would be considered a 'Securities Professional' in the United States. Subscriber may not receive Market Data as a 'Nonprofessional Subscriber' unless the vendor providing that data to Subscriber first determines that the individual falls within Paragraph 9's definition of 'Nonprofessional Subscriber.'", "capital_usage_question": "(g) Do you use the capital of any other individual or entity in the conduct of your trading?", "certification": "13. CERTIFICATION - By executing this Agreement, Subscriber hereby certifies that he or she falls within Paragraph 9's definition of 'Nonprofessional Subscriber' and that the personal and employment information that he or she has included in Paragraph 12 is truthful and accurate.", "data_not_guaranteed": "DATA NOT GUARANTEED - Subscriber understands that no Authorizing SRO, no other entity whose information is made available over the Authorizing SROs' facilities (an 'Other Data Disseminator') and no information processor that assists any Authorizing SRO or Other Data Disseminator in making Market Data available (collectively, the 'Disseminating Parties') guarantees the timeliness, sequence, accuracy or completeness of Market Data or of Last Update: November 1, 2013 other market information or messages disseminated by any Disseminating Party. Neither Subscriber nor any other person shall hold any Disseminating Party liable in any way for (a) any inaccuracy, error or delay in, or omission of, (i) any such data, information or message or (ii) the transmission or delivery of any such data, information or message, or (b) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) nonperformance or (iii) interruption in any such data, information or message, due either to any negligent act or omission by any Disseminating Party, to any 'force majeure' (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction) or to any other cause beyond the reasonable control of any Disseminating Party.", "dissemination_discontinuance": "DISSEMINATION DISCONTINUANCE OR MODIFICATION - Subscriber understands and acknowledges that, at any time, the Authorizing SROs may discontinue disseminating any category of Market Data, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. The Authorizing SROs shall not be liable for any resulting liability, loss or damages that may arise therefrom.", "duration_survival": "DURATION; SURVIVAL - This Agreement remains in effect for so long as Subscriber has the ability to receive Market Data as contemplated by this Agreement. In addition, Vendor may terminate this Agreement at any time, whether at the direction of the Authorizing SROs or otherwise. Paragraphs 2, 3 and 4, and the first two sentences of Paragraph 8, survive any termination of this Agreement.", "employer": "Employer", "employer_address": "Employer address", "employment_functions": "Employment functions", "enforcement": "ENFORCEMENT - Subscriber understands and acknowledges that (a) the Authorizing SROs are third-party beneficiaries under this Agreement and (b) the Authorizing SROs or their authorized representative(s) may enforce this Agreement, by legal proceedings or otherwise, against Subscriber or any person that obtains Market Data that is made available pursuant to this Agreement other than as this Agreement contemplates. Subscriber shall pay the reasonable attorney's fees that any Authorizing SRO incurs in enforcing this Agreement against Subscriber", "entity_trading_question": "(h) Do you conduct trading for the benefit of a corporation, partnership, or other entity?", "investment_advice_question": "(e) Are you engaged to provide investment advice to any individual or entity?", "investment_advisor_definition": "(b) engaged as an 'investment advisor' as that term is defined in Section 202 (a) (11) of the Investment Advisor's Act of 1940 (whether or not registered or qualified under that Act), or", "market_data_definition": "MARKET DATA DEFINITION - For all purposes of this Agreement, 'Market Data' means (a) last sale information and quotation information relating to securities that are admitted to dealings on the National Association of Securities Dealers Automated Quotations ('NASDAQ*''), (b) such bond and other equity last sale and quotation information, and such index and other market information, as United States-registered national securities exchanges and national securities associations (each, an 'Authorizing SRO') may make available and as the NASDAQ* may from time to time designate as 'Market Data'; and (c) all information that derives from any such information.", "market_data_usage_question": "(a) Do you receive Market Data for any reason other than your personal, nonbusiness use?", "miscellaneous": "MISCELLANEOUS - The laws of the State of New York shall govern this Agreement and it shall be interpreted in accordance with those laws. This Agreement is subject to the Securities Exchange Act of 1934, the rules promulgated under that act, and the joint-industry plans entered into pursuant to that act. This writing contains the entire agreement between the parties in respect of its subject matter. Subscriber may not assign all or any part of this Agreement to any other person. The person executing this Agreement below represents and warrants that he or she has legal capacity to contract and, if that person is executing this Agreement on behalf of a proprietorship or a business, partnership or other organization, represents and warrants that he or she has actual authority to bind the organization. Last Update: November 1, 2013 ACCEPTED AND AGREED: I, the 'Subscriber' to which the preceding terms and conditions refer, acknowledge that I have read the preceding terms and conditions of this Section 1, that I understand them and that I hereby manifest my assent to, and my agreement to comply with, those terms and conditions by 'clicking' on the following box:", "nonprofessional_subscriber_definition": "9. NONPROFESSIONAL SUBSCRIBER DEFINITION -'Nonprofessional Subscriber' means any natural person who receives market data solely for his\/her personal, nonbusiness use and who is not a 'Securities Professional.' A 'Securities Professional' includes an individual who, if working in the United States, is:", "nonprofessional_subscriber_status": "(Nonprofessional Subscriber Status) Five Percent Online LTD (Trade The Pool) agrees to make 'Market Data' available to you pursuant to the terms and conditions set forth in this agreement. By executing this Agreement in the space indicated below, you ('Subscriber') agree to comply with those terms and conditions. Section 1 sets forth terms and conditions of general applicability. Section 2 applies insofar as Subscriber receives and uses Market Data made available pursuant to this Agreement as a Nonprofessional Subscriber.", "occupations": "Occupations", "office_space_benefits_question": "(j) Are you receiving office space, and equipment or other benefits in exchange for your trading or work as a financial consultant to any person, firm or business entity?", "permitted_receipt": "10. PERMITTED RECEIPT - Subscriber may not receive Market Data from Vendor, and Vendor may not provide Market Data to Subscriber, on a 'Nonprofessional Subscriber' basis unless Vendor first properly determines that Subscriber qualifies as a 'Nonprofessional Subscriber' as defined in Paragraph 9 and Subscriber in fact qualifies as a 'Nonprofessional Subscriber.' In determining whether a Subscriber qualifies as a 'Nonprofessional Subscriber,' Vendor shall consider whether Subscriber would answer 'No' to the following questions:", "permitted_use": "11. PERMITTED USE - If Subscriber is a Nonprofessional Subscriber, he or she shall receive Market Data solely for his or her personal, non-business use. 12. PERSONAL AND EMPLOYMENT DATA - As a prerequisite to qualifying as a 'Nonprofessional Subscriber', Subscriber shall provide the following information:", "permitted_use_not_furnish_market_data": "PERMITTED USE - Subscriber shall not furnish Market Data to any other person or entity. If Subscriber receives Market Data other than as a Nonprofessional Subscriber, it shall use Market Data only for its individual use in its business.", "profit_sharing_question": "(i) Have you entered into any agreement to share the profit of your trading activities or receive compensation for your trading activities?", "proprietary_nature_of_data": "PROPRIETARY NATURE OF DATA - Subscriber understands and acknowledges that each Authorizing SRO and Other Data Disseminator has a proprietary interest in the Market Data that originates on or derives from it or its market(s).", "sec_cftc_registration_question": "(b) Are you currently registered or qualified with the SEC or the CFTC?", "section_1_terms_and_conditions_of_general_applicability": "Section 1: Terms and Conditions of General Applicability", "section_2_nonprofessional_subscriber": "Section 2: Nonprofessional Subscriber", "securities_professional_qualification": "(a) registered or qualified with the Securities and Exchange Commission (the 'SEC'), the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association.", "securities_registration_question": "(c) Are you currently registered or qualified with any securities agency, any securities exchange, association or regulatory body, or any commodities or futures contract market, association or regulatory body, in the United States or elsewhere?", "similar_functions_question": "(d) Whether you are located within or outside of the United States, do you perform any functions that are similar to those that require an individual to register or qualify with the SEC, the CFTC, any other securities agency or regulatory body, any securities exchange or association, or any commodities or futures contract market, association or regulatory body?", "subscriber_change_notice": "Subscriber shall notify Vendor promptly in writing of any change in his or her circumstances that may cause him or her to cease to qualify as a Nonprofessional Subscriber or that may change his or her response to any of the preceding questions.", "title": "Title" }, "payout": "3.3 Payout.", "payout_terms": "No payout to User shall be made except with the approval of the Company in its reasonable discretion. Payouts will generally be disbursed to the Funded User within 7 business days of the date the Company receives the payout request. In the event of any technical failure causing a delay in the payment, the Funded User will be notified by the Company, and a solution will be implemented as soon as practicable. Cryptocurrency payouts will be sent exclusively to the crypto wallet address originally provided by the User. Users who do not provide appropriate payment details will not be able to receive their Rewards. Notwithstanding anything to the contrary, the Company shall not be responsible and have no liability for any failure or inability to timely disburse any payout. The Company may, at its sole and absolute discretion, require User to withdraw some or all of User's accrued and unpaid Rewards. Each payout shall reduce the balance of User's Funded Account by the corresponding amount of Trading Profits used to calculate the distributed Rewards.", "professional": { "the5ers": { "binding": { "body": "I, {{userName}}, with the email address {{email}}, hereby acknowledge that I have read, understood, and agree to be bound by the Terms of Use and Privacy Policy, as described at this agreement. I further agree that this Agreement constitutes a legally binding agreement between me and the Company.", "heading": "Binding Agreement and Acknowledgement." }, "preamble": { "paragraphs": [ "These Professional Account Terms (the \"Pro Terms\") apply to those Users who graduated from Company's evaluation program known as \"Evaluation\" and successfully passed the User Verification Process and accepted these Professional Terms (the \"Pro User\").", { "parts": [ "The Pro Terms supplement the Company's Terms of Use (which can be found at ", { "label": "Terms of Use", "link": "terms" }, ") (the \"Terms\") and Privacy Policy (a current copy which can be found at ", { "label": "Privacy Policy", "link": "privacy" }, ") in effect from time to time, each of which remain in full force and effect, and apply to the Pro User and govern the Pro User's access to and the use of the Website, the Hub or Services. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Terms." ] } ] }, "section1": { "heading": "Pro Account.", "paragraphs": [ { "label": "1.1", "text": "All references in these Pro Terms to \"trading\", \"trades\", \"orders\", \"positions\", \"balance\", \"profits\" and \"losses\" refer exclusively to simulated activity conducted within the Company's simulated trading environment (the \"Simulated Environment\"), and do not refer to, and shall not be construed as referring to, any actual transaction in any financial instrument, currency or asset." }, { "label": "1.2", "text": "The Company shall provide the User with access to a Pro Account within the Simulated Environment, credited with virtual capital in an amount determined by the Company, through which the Pro User may further demonstrate and develop the Pro User's trading skills (the \"Pro Trading\"). The Pro User is not required to deposit, and shall not deposit, any funds with the Company in connection with the Pro Account." }, { "label": "1.3", "text": "The Company provides the Pro User with access to a Pro Account operating within the Company's simulated trading environment. All activity in the Pro Account is simulated. The Company does not receive, transmit, route or execute any order of the Pro User in any live market, does not act as counterparty to any such activity, and does not hedge against it." }, { "label": "1.4", "text": "Any proprietary activity conducted by the Company for its own account is conducted independently, at the Company's sole discretion, is unrelated to the Pro User's simulated activity, and confers no right, interest or entitlement of any kind upon the Pro User." }, { "label": "1.5", "text": "The Company monitors and analyzes the simulated orders placed in the Pro Account for risk-management, compliance and product-development purposes, and retains exclusive authority to define its risk policy. Rewards are determined solely by reference to the hypothetical results recorded in the Pro Account, as set out in Section 3." }, { "label": "1.6", "text": "The Pro User acknowledges and agrees that the Pro User has no ownership rights, intellectual property rights or any other interest in the simulated orders, trading data or trading strategies generated in the Pro Account, and that the Company has the unrestricted right to monitor, record and use any and all such data, information and strategies at its sole discretion, including for the development, testing and improvement of its systems, risk models and Services. Consequently, the Pro User hereby waives and releases the Company from any and all claims or demands related to such use." }, { "label": "1.7", "text": "The Pro User has no ownership interest in, and no right, title or control over, the Pro Account or any virtual funds, balances or positions recorded therein. The Pro User has no right or entitlement to engage in simulated trading on the platform except as permitted by the Company, and the privileges of the Pro User may be terminated by the Company at any time for any reason or no reason in the Company's sole and absolute discretion. The Company may freeze or limit access to the Pro Account at any time in its sole discretion. It is hereby clarified that nothing in these Pro Terms shall be deemed to prevent the Pro User from simultaneously trading on other trading platforms." }, { "label": "1.8", "text": "The Pro User acknowledges that, once the Pro User is permitted to engage in trading, Pro User shall trade only using Pro User's assigned user id and login information. Pro User shall maintain such user id and log-in information in confidence and such information shall be considered Confidential Information." }, { "label": "1.9", "parts": [ "In connection with Trading, the Trading Rules detailed in the Terms and the Prohibited Conduct (for more details please refer to ", { "label": "Trading Rules", "link": "tradingRules" }, ") continue to apply. The Pro User acknowledges and agrees that Pro User is solely responsible for staying current on Trading Rules and Prohibited Conduct, which are subject to change at any time and from time to time, with or without notice." ] }, { "label": "1.10", "text": "The Simulated Environment reflects the trading hours of the relevant reference markets for each simulated instrument, as every instrument has different trading hours. Pro Users may simulate trading only in those instruments made available by the Company." }, { "label": "1.11", "text": "Additionally, to deter and avoid violations of the Trading Rules and Prohibited Conduct, your simulated positions will automatically be flattened (e.g., closed out) just prior to the end of the then current trading session as determined by the Company." }, { "label": "1.12", "text": "If the Company, in its sole discretion, determines a Pro User has violated any Trading Rules or engaged in Prohibited Conduct, the Company may, in its sole determination, remove any hypothetical profits, delete a trading day, reset a Pro Account, or ban a User from any further use of the Services." }, { "label": "1.13", "text": "The Company reserves the right to assign a different Pro program to the User than the one originally selected and completed during the Evaluation stage. This reassignment may occur if the User fails to meet the conditions for the particular program or due to other risk considerations. Additionally, the Company reserves the right to change the terms of the assigned Pro program entirely at its discretion, based on the Company's risk considerations. The assigned Pro program is not binding and may be modified according to the Company's discretion. The Pro User must continue trading with the same trading characteristics used during the Evaluation stage, which led to the successful completion of the Evaluation." } ] }, "section2": { "heading": "Representations, Warranties, and Covenants.", "paragraphs": [ "Pro User represents, warrants, and covenants to the Company as follows:", { "intro": "User acknowledges and agrees:", "items": [ { "marker": "a", "text": "No performance provided by the Company to the Pro User, including all Services, may be considered as investment services or activities within the meaning of the legal regulations governing, in particular, investment services and capital markets; in particular, the Company does not receive or execute in any case, whether directly or indirectly, any trading instructions, does not provide or conduct investment or other advice, research, recommendations or analyses, and does not give or forward to Pro User any trading instructions, does not receive any assets from, or manage any assets for, the Pro User, and does not provide any related market or exchange services." }, { "marker": "b", "text": "No employees or other staff or representatives of the Company are authorized to provide services within the meaning of Section 2.1." }, { "marker": "c", "text": "All market order suggestions that the Pro User performs through User's Pro Account shall in no way constitute an instruction to trade in real financial markets or with real currency." }, { "marker": "d", "text": "Performance in Trading is not indicative of trading in real financial markets, and that past performance and any earned Reward are neither a guarantee nor an indication of any future performance." }, { "marker": "e", "text": "If a Pro User's access to the Pro Account is canceled for any or no reason, User shall lose access to the Pro Account and the Services, without being entitled to any compensation." }, { "marker": "f", "text": "Excessive or unrealistic single day or single trade profits (as determined at the Company's sole discretion) will be subject to review by the Company for any possible violations of Trading Rules or engaging in any Prohibited Use." }, { "marker": "g", "text": "The Pro User has the ability, means, knowledge and experience needed for the fulfillment of its undertakings according to this Agreement." }, { "marker": "h", "text": "The Company reserves the right to require Pro Users to apply specific risk parameters to accurately assess risk within their Accounts. These parameters may include, but are not limited to, leverage limits or position size constraints. It is important to note that these requirements may be temporary in nature and subject to periodic review and adjustment by the Company as necessary." }, { "marker": "i", "text": "In the event of extreme and unusual market movements, also known as \"Black Swan\" events, such as, but not limited to, Flash Crashes, Natural disasters, Technological Disruptions, Political Upheavals, Terrorist Attacks, Biological Events, Financial System Meltdowns and more, the Simulated Environment may not accurately reflect the behavior of the relevant reference markets. The Company reserves the right to exclude or adjust for such extraordinary market movements when calculating any hypothetical Trading Profits or Trading Losses." }, { "marker": "j", "text": "To continue trading with the same characteristics used during the Evaluation, which led to successful completion of the Evaluation." } ], "label": "2.1" }, { "label": "2.2", "text": "In performing this Agreement, User shall (i) comply with all applicable legal regulations; (ii) if required under applicable law, obtain, and maintain the validity of, all permits, licenses, consents, or approvals, which may apply to User's activities under this Agreement; and (iii) fulfill all notification, tax, fee, or other obligations that may arise in connection with the performance of this Agreement, and in particular with the Reward (defined in Section 3). The User is authorized to access and use the Services only in accordance with the applicable legal regulations and is prohibited from circumventing any technical measures that may limit the availability of the Services in certain countries. In no event shall the Company bear any responsibility for the failure of User to fulfill any of its obligations." }, { "label": "2.3", "text": "The Pro Account and any and all rights related to the Services are personal to the Pro User and cannot be transferred by contract or otherwise. The Pro User is prohibited from using their account for any commercial or marketing purposes, including but not limited to selling services based on the Pro Account or teaching others how to pass the Evaluation stage. Any commercial exploitation of the Pro Account will be grounds for termination of the Pro User account and may also lead to termination of the User account on the Hub." }, { "label": "2.4", "text": "It is not the purpose of the Parties to establish employer – employee relations and the User shall use the Services independently, and the Reward set out in these Pro Terms constitute the full and final payout for the Pro Users under this legal status." }, { "label": "2.5", "text": "The Pro User does not deposit any funds with the Company, and the Company does not hold, receive, safeguard or maintain custody of any funds of the Pro User. The virtual capital, balances and positions recorded in the Pro Account are fictitious, do not represent any currency, asset or financial instrument, and cannot be used for any actual trading." }, { "label": "2.6", "text": "Under no circumstances shall the Pro User bear, be liable for, or be required to fund, cover or reimburse any Trading Loss. Trading Losses are hypothetical and affect solely the calculation of the Reward and the Pro User's continued eligibility under the applicable program." }, "Excessive or unrealistic single day or single trade profits (as determined at the Company's sole discretion) will be subject to review by the Company for any possible violations of Trading Rules or engaging in any Prohibited Use.", "The Pro User has the ability, means, knowledge and experience needed for the fulfillment of its undertakings according to this Agreement.", "The Company reserves the right to require Pro Users to apply specific risk parameters to accurately assess risk within their Accounts. These parameters may include, but are not limited to, leverage limits or position size constraints. It is important to note that these requirements may be temporary in nature and subject to periodic review and adjustment by the Company as necessary.", "In the event of extreme and unusual market movements, also known as \"Black Swan\" events, such as, but not limited to, Flash Crashes, Natural disasters, Technological Disruptions, Political Upheavals, Terrorist Attacks, Biological Events, Financial System Meltdowns and more, the Simulated Environment may not accurately reflect the behavior of the relevant reference markets. The Company reserves the right to exclude or adjust for such extraordinary market movements when calculating any hypothetical Trading Profits or Trading Losses.", "To continue trading with the same characteristics used during the Evaluation, which led to successful completion of the Evaluation.", "In performing this Agreement, User shall (i) comply with all applicable legal regulations; (ii) if required under applicable law, obtain, and maintain the validity of, all permits, licenses, consents, or approvals, which may apply to User's activities under this Agreement; and (iii) fulfill all notification, tax, fee, or other obligations that may arise in connection with the performance of this Agreement, and in particular with the Reward (defined in Section 3). The User is authorized to access and use the Services only in accordance with the applicable legal regulations and is prohibited from circumventing any technical measures that may limit the availability of the Services in certain countries. In no event shall the Company bear any responsibility for the failure of User to fulfill any of its obligations.", "The Pro Account and any and all rights related to the Services are personal to the Pro User and cannot be transferred by contract or otherwise. The Pro User is prohibited from using their account for any commercial or marketing purposes, including but not limited to selling services based on the Pro Account or teaching others how to pass the Evaluation stage. Any commercial exploitation of the Pro Account will be grounds for termination of the Pro User account and may also lead to termination of the User account on the Hub.", "It is not the purpose of the Parties to establish employer – employee relations and the User shall use the Services independently, and the Reward set out in these Pro Terms constitute the full and final payout for the Pro Users under this legal status.", "The Pro User does not deposit any funds with the Company, and the Company does not hold, receive, safeguard or maintain custody of any funds of the Pro User. The virtual capital, balances and positions recorded in the Pro Account are fictitious, do not represent any currency, asset or financial instrument, and cannot be used for any actual trading.", "Under no circumstances shall the Pro User bear, be liable for, or be required to fund, cover or reimburse any Trading Loss. Trading Losses are hypothetical and affect solely the calculation of the Reward and the Pro User's continued eligibility under the applicable program." ] }, "section3": { "heading": "Reward.", "paragraphs": [ "In connection with any Trading conducted by the Pro User, the Pro User will be rewarded as follows:", { "label": "3.1", "subheading": "Allocation.", "text": "User shall be entitled to receive a reward calculated as an allocation of accrued Trading Profits (net of Trading Losses) pursuant to the Trading Rules as derived from the trading simulation platform (the \"Reward\"). Pro User shall not be entitled to any compensation, salary, or other benefit except the appropriate Reward, if any. As used herein, \"Reward Balance\" means, as to a given Pro User, the total accrued and unpaid Reward of such Pro User. The profit split of the Reward Balance shall be determined according to the program selected by the User in the Evaluation stage, as detailed in the program web page, or at the Company's discretion, based on risk assessments. In order to have a different profit split the Pro User has to successfully complete the Evaluation in a different program. Notwithstanding anything to the contrary, (i) a User's Reward Balance shall at no time exceed the maximum balance specified in each program, and (ii) no Trading Profits shall be credited to a User's Reward Balance in excess of the Maximum Balance (with any such profits in excess of the Maximum Balance being disregarded and inapplicable to any future calculation of a Reward Balance or Trading Profits). For the avoidance of doubt, the Reward constitutes consideration for the Pro User's demonstrated performance within the Simulated Environment. It does not constitute a return on, yield from, or distribution in respect of any investment, capital, deposit or financial instrument, and the Pro User invests no capital of any kind." }, { "label": "3.2", "subheading": "Calculation of Reward.", "text": "Amounts deemed by the Company to approximate customary market charges for commissions and fees shall be imputed to Trading and netted out of the determination of any Trading Profits (defined below) and added to the balance of any Trading Losses (defined below). At the time of determination, (A) if after netting User's gross rewards and expenses from the initial balance of User's Pro Account at the commencement of a trading day (the \"Daily Starting Balance\") the result is in excess of such Daily Starting Balance, such amount in excess of the Daily Starting Balance shall represent hypothetical \"Trading Profits\", and (B) if after netting User's gross rewards and expenses from the Daily Starting Balance the result is less than the Daily Starting Balance, the difference between such result and the Daily Starting Balance shall represent hypothetical \"Trading Losses\". For the avoidance of doubt, all calculations shall be made with reference to simulated trading activity on the Pro Account." }, { "label": "3.3", "subheading": "Payout.", "text": "No payout to User shall be made except with the approval of the Company in its reasonable discretion. Payouts will generally be disbursed to the Pro User within 7 business days of the date the Company receives the payout request. In the event of any technical failure causing a delay in the payment, the Pro User will be notified by the Company, and a solution will be implemented as soon as practicable. Cryptocurrency payouts will be sent exclusively to the crypto wallet address originally provided by the User. Users who do not provide appropriate payment details will not be able to receive their Rewards. Notwithstanding anything to the contrary, the Company shall not be responsible and have no liability for any failure or inability to timely disburse any payout. The Company may, at its sole and absolute discretion, require User to withdraw some or all of User's accrued and unpaid Rewards. Each payout shall reduce the balance of User's Pro Account by the corresponding amount of Trading Profits used to calculate the distributed Rewards." }, { "label": "3.4", "text": "Upon scaling up to a new level, a new account will be created where the User's profits will be credited and added to the new account. Upon the creation of this new account, the withdrawal waiting period is reset. After a scaling-up event, if the User commences trading and incurs losses, these losses will be deducted from the credited profits first, and only then will losses begin to be deducted from the balance of the Pro Account." }, { "label": "3.5", "text": "Upon submitting a withdrawal request, the user will be required to select their preferred withdrawal method from the options presented by the Company. It is hereby clarified that once the user has selected a specific withdrawal method and confirmed the request, their choice shall be final, binding, and irreversible. It will not be possible to change the withdrawal method or cancel the request after it has been confirmed in the system. The user hereby waives any claim or demand against the Company in connection with the withdrawal method selected by them." }, { "label": "3.6", "text": "If User engages in any of the Prohibited Conduct, violate the Trading Rules or if any discrepancies are discovered in the User Verification Process, the Company may, in its sole discretion and without limitation to all other rights and remedies, remove applicable trades and\/or trading days from User's Pro Account and not credit the profits and\/or losses of such trades toward the calculation of any Trading Profits or Trading Losses." }, { "label": "3.7", "text": "The User acknowledges and agrees that if an approved payout request from the User's share of profits exceeds a specific amount determined by the Company from time to time at its sole discretion (the \"Payout Threshold\"), the Company reserves the right to distribute the total payout amount across consecutive weekly installments. Each weekly installment under this section shall not exceed $10,000 (Ten Thousand US Dollars), and installments shall be issued on a continuous weekly basis until the User's approved profit distribution has been fully paid out. The Company reserves the right to amend the Payout Threshold at any time, including but not limited to reasons related to risk management, liquidity policies, or requirements set forth by payment processors." } ] }, "section4": { "heading": "Termination Rights.", "paragraphs": [ { "label": "4.1", "text": "These Terms shall apply to the Pro User's activity in the Pro Account." }, { "label": "4.2", "text": "In the event that the Pro User fails to meet the trading targets in the Pro Account in accordance with the terms of the applicable program, the Pro Account will be terminated for that program." }, { "label": "4.3", "text": "If the Company, in its sole discretion, believes that User has abandoned their Pro Account (being deemed abandoned with 60 or more consecutive calendar days without any trades made), the Company may, with or without notice, permanently close User's Pro Account. Upon closure due to inactivity, the User will have 90 days to claim any remaining Reward Balance. If no claim is made within 90 days, any remaining Reward Balance will be forfeited and deleted after a total of 150 days of inactivity." }, { "label": "4.4", "text": "If the Company, in its sole discretion, believes that User has made a false statement or misrepresentation related to this Agreement, the User Verification Process or the Pro Account, has violated the Trading Rules, has engaged in any Prohibited Conduct, is acting in bad faith or in violation of these Pro Terms, or if the Pro User deviates from the trading characteristics used during the Evaluation stage, fails to comply with newly assigned risk parameters, uses their account for any commercial or marketing purposes (including but not limited to selling services based on the Pro Account or teaching others how to pass the Evaluation stage), or makes any defamatory statements or publishes harmful content about the Company or the Services, including, without limitation, the unauthorized disclosure or publication of email correspondence or other private communications with the Company, the Company may take such action as it deems appropriate in its sole discretion, including but not limited to (i) removing one or more trades or trading date from a Pro User's the Pro Account, and (ii) permanently closing User's Pro Account. If the Company, in its sole discretion, determines to close User's Pro Account pursuant to this Section 4.4, no Reward shall be allocated to the Pro User, any accrued Reward Balance shall be forfeited, the Pro Account shall be immediately terminated, User shall be permanently banned from engaging in any other offerings with the Company, User shall immediately return to the Company any Reward received, and User shall indemnify, defend, and hold the Company harmless from all losses, damages, fines, penalties, and expenses incurred as a result of such violation or breach, including reasonable attorneys' fees and expenses." } ] }, "section5": { "heading": "Data and Use.", "paragraphs": [ { "label": "5.1", "text": "Pro User acknowledges that he waives any right, as far as exists, in the data or information accrued in the Company's platform. The Company is the sole owner of all such data and information and may collect, aggregate, analyze, use, license, share and sell such data and information, in whole or in part, to or with its business partners, affiliates, vendors, distributors, service providers or any other third party, for any purpose and at its sole discretion. Pro User agrees that such activities may be performed automatically, and that in no circumstance shall the Pro User be entitled to any payment or compensation in connection therewith, except for the Reward as detailed in Section 3. Further, all such activities shall be performed without the necessity of notice, consent, consultation or approval by the Pro User. For the avoidance of doubt, nothing in this Section shall be construed as the Company receiving, transmitting, routing or executing any order of the Pro User in any market, or as creating any link between the Pro User's simulated activity and any actual transaction, and any use of such data by the Company or by any third party is made independently and confers no right, interest or entitlement of any kind upon the Pro User." } ] }, "section6": { "heading": "Acknowledgments.", "paragraphs": [ { "intro": "Pro User acknowledges that", "items": [ { "marker": "a", "text": "no actual trading in live markets will ever occur through the Pro Account;" }, { "marker": "b", "text": "User has no right, title, or ownership in any property, funds, or positions in the Pro Account;" }, { "marker": "c", "text": "all undistributed Rewards are at risk of loss; and" }, { "marker": "d", "text": "the Company solely communicates using the English language." } ], "label": "6.1", "text": "Pro User acknowledges that (a) no actual trading in live markets will ever occur through the Pro Account; (b) User has no right, title, or ownership in any property, funds, or positions in the Pro Account; (c) all undistributed Rewards are at risk of loss; and (d) the Company solely communicates using the English language. Pro User represents and warrants that Pro User possesses the necessary proficiency in the English language to communicate for all purposes necessary and incidental to this Agreement." }, "Pro User represents and warrants that Pro User possesses the necessary proficiency in the English language to communicate for all purposes necessary and incidental to this Agreement." ] }, "title": "Professional Account Terms" }, "ttp": { "binding": { "body": "I, {{userName}}, with the email address {{email}}, hereby acknowledge that I have read, understood, and agree to be bound by the Terms of Use and Privacy Policy, as described at this agreement. I further agree that this Agreement constitutes a legally binding agreement between me and the Company.", "heading": "Binding Agreement and Acknowledgement." }, "preamble": { "paragraphs": [ "These Professional Account Terms (the \"Pro Terms\") apply to those Users who graduated from Company's evaluation program known as \"Evaluation\" and successfully passed the User Verification Process and accepted these Professional Terms (the \"Pro User\").", { "parts": [ "The Pro Terms supplement the Company's Terms of Use (which can be found at ", { "label": "Terms of Use", "link": "terms" }, ") (the \"Terms\") and Privacy Policy (a current copy which can be found at ", { "label": "Privacy Policy", "link": "privacy" }, ") in effect from time to time, each of which remain in full force and effect, and apply to the Pro User and govern the Pro User's access to and the use of the Website, the Hub or Services. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Terms." ] } ] }, "section1": { "heading": "Pro Account.", "paragraphs": [ { "label": "1.1", "text": "All references in these Pro Terms to \"trading\", \"trades\", \"orders\", \"positions\", \"balance\", \"profits\" and \"losses\" refer exclusively to simulated activity conducted within the Company's simulated trading environment (the \"Simulated Environment\"), and do not refer to, and shall not be construed as referring to, any actual transaction in any financial instrument, currency or asset." }, { "label": "1.2", "text": "The Company shall provide the User with access to a Pro Account within the Simulated Environment, credited with virtual capital in an amount determined by the Company, through which the Pro User may further demonstrate and develop the Pro User's trading skills (the \"Pro Trading\"). The Pro User is not required to deposit, and shall not deposit, any funds with the Company in connection with the Pro Account." }, { "label": "1.3", "text": "The Company provides the Pro User with access to a Pro Account operating within the Company's simulated trading environment. All activity in the Pro Account is simulated. The Company does not receive, transmit, route or execute any order of the Pro User in any live market, does not act as counterparty to any such activity, and does not hedge against it." }, { "label": "1.4", "text": "Any proprietary activity conducted by the Company for its own account is conducted independently, at the Company's sole discretion, is unrelated to the Pro User's simulated activity, and confers no right, interest or entitlement of any kind upon the Pro User." }, { "label": "1.5", "text": "The Company monitors and analyzes the simulated orders placed in the Pro Account for risk-management, compliance and product-development purposes, and retains exclusive authority to define its risk policy. Rewards are determined solely by reference to the hypothetical results recorded in the Pro Account, as set out in Section 3." }, { "label": "1.6", "text": "The Pro User acknowledges and agrees that the Pro User has no ownership rights, intellectual property rights or any other interest in the simulated orders, trading data or trading strategies generated in the Pro Account, and that the Company has the unrestricted right to monitor, record and use any and all such data, information and strategies at its sole discretion, including for the development, testing and improvement of its systems, risk models and Services. Consequently, the Pro User hereby waives and releases the Company from any and all claims or demands related to such use." }, { "label": "1.7", "text": "The Pro User has no ownership interest in, and no right, title or control over, the Pro Account or any virtual funds, balances or positions recorded therein. The Pro User has no right or entitlement to engage in simulated trading on the platform except as permitted by the Company, and the privileges of the Pro User may be terminated by the Company at any time for any reason or no reason in the Company's sole and absolute discretion. The Company may freeze or limit access to the Pro Account at any time in its sole discretion. It is hereby clarified that nothing in these Pro Terms shall be deemed to prevent the Pro User from simultaneously trading on other trading platforms." }, { "label": "1.8", "text": "The Pro User acknowledges that, once the Pro User is permitted to engage in trading, Pro User shall trade only using Pro User's assigned user id and login information. Pro User shall maintain such user id and log-in information in confidence and such information shall be considered Confidential Information." }, { "label": "1.9", "parts": [ "In connection with Trading, the Trading Rules detailed in the Terms and the Prohibited Conduct (for more details please refer to ", { "label": "Trading Rules", "link": "tradingRules" }, ") continue to apply. The Pro User acknowledges and agrees that Pro User is solely responsible for staying current on Trading Rules and Prohibited Conduct, which are subject to change at any time and from time to time, with or without notice." ] }, { "label": "1.10", "text": "The Simulated Environment reflects the trading hours of the relevant reference markets for each simulated instrument, as every instrument has different trading hours. Pro Users may simulate trading only in those instruments made available by the Company." }, "Additionally, to deter and avoid violations of the Trading Rules and Prohibited Conduct, your positions will automatically be flattened (e.g., closed out) just prior to the end of the then current trading session as determined by the Company.", "If the Company, in its sole discretion, determines whether a Pro User has violated any Trading Rules or engaged in Prohibited Conduct, the Company may, in its sole determination, remove any profits, delete a trading day, reset a Pro Account, or ban a User from any further use of the Services.", { "label": "1.11", "text": "The Company reserves the right to assign a different Pro program to the User than the one originally selected and completed during the Evaluation stage. This reassignment may occur if the User fails to meet the conditions for the particular program or due to other risk considerations. Additionally, the Company reserves the right to change the terms of the assigned Pro program entirely at its discretion, based on the Company's risk considerations. The assigned Pro program is not binding and may be modified according to the Company's discretion. The Pro User must continue trading with the same trading characteristics used during the Evaluation stage, which led to the successful completion of the Evaluation." } ] }, "section2": { "heading": "Representations, Warranties, and Covenants.", "paragraphs": [ "Pro User represents, warrants, and covenants to the Company as follows:", { "intro": "User acknowledges and agrees:", "items": [ { "marker": "a", "text": "No performance provided by the Company to the Pro User, including all Services, may be considered as investment services or activities within the meaning of the legal regulations governing, in particular, investment services and capital markets; in particular, the Company does not receive or execute in any case, whether directly or indirectly, any trading instructions, does not provide or conduct investment or other advice, research, recommendations or analyses, and does not give or forward to Pro User any trading instructions, does not receive any assets from, or manage any assets for, the Pro User, and does not provide any related market or exchange services." }, { "marker": "b", "text": "No employees or other staff or representatives of the Company are authorized to provide services within the meaning of Section 2.1." }, { "marker": "c", "text": "All market order suggestions that the Pro User performs through User's Pro Account shall in no way constitute an instruction to trade in real financial markets or with real currency." }, { "marker": "d", "text": "Performance in Trading is not indicative of trading in real financial markets, and that past performance and any earned Reward are neither a guarantee nor an indication of any future performance." }, { "marker": "e", "text": "If a Pro User's access to the Pro Account is canceled for any or no reason, the User shall lose access to the Pro Account and the Services, without being entitled to any compensation." }, { "marker": "f", "text": "Excessive or unrealistic single day or single trade profits (as determined at the Company's sole discretion) will be subject to review by the Company for any possible violations of Trading Rules or engaging in any Prohibited Use." }, { "marker": "g", "text": "The Pro User has the ability, means, knowledge and experience needed for the fulfillment of its undertakings according to this Agreement." }, { "marker": "h", "text": "The Company reserves the right to require Pro Users to apply specific risk parameters to accurately assess risk within their Accounts. These parameters may include, but are not limited to, leverage limits or position size constraints. It is important to note that these requirements may be temporary in nature and subject to periodic review and adjustment by the Company as necessary." }, { "marker": "i", "text": "In the event of extreme and unusual market movements, also known as \"Black Swan\" events, such as, but not limited to, Flash Crashes, Natural disasters, Technological Disruptions, Political Upheavals, Terrorist Attacks, Biological Events, Financial System Meltdowns and more, the Simulated Environment may not accurately reflect the behavior of the relevant reference markets. The Company reserves the right to exclude or adjust for such extraordinary market movements when calculating any hypothetical Trading Profits or Trading Losses." }, { "marker": "j", "text": "To continue trading with the same characteristics used during the Evaluation, which led to successful completion of the Evaluation." } ], "label": "2.1" }, { "label": "2.2", "text": "In performing this Agreement, User shall (i) comply with all applicable legal regulations; (ii) if required under applicable law, obtain, and maintain the validity of, all permits, licenses, consents, or approvals, which may apply to User's activities under this Agreement; and (iii) fulfill all notification, tax, fee, or other obligations that may arise in connection with the performance of this Agreement, and in particular with the Reward (defined in Section 3). The User is authorized to access and use the Services only in accordance with the applicable legal regulations and is prohibited from circumventing any technical measures that may limit the availability of the Services in certain countries. In no event shall the Company bear any responsibility for the failure of User to fulfill any of its obligations." }, { "label": "2.3", "text": "The Pro Account and any and all rights related to the Services are personal to the Pro User and cannot be transferred by contract or otherwise. The Pro User is prohibited from using their account for any commercial or marketing purposes, including but not limited to selling services based on the Pro Account or teaching others how to pass the Evaluation stage. Any commercial exploitation of the Pro Account will be grounds for termination of the Pro User account and may also lead to termination of the User account on the Hub." }, { "label": "2.4", "text": "It is not the purpose of the Parties to establish employer – employee relations and the User shall use the Services independently, and the Reward set out in these Pro Terms constitute the full and final payout for the Pro Users under this legal status." }, { "label": "2.5", "text": "The Pro User does not deposit any funds with the Company, and the Company does not hold, receive, safeguard or maintain custody of any funds of the Pro User. The virtual capital, balances and positions recorded in the Pro Account are fictitious, do not represent any currency, asset or financial instrument, and cannot be used for any actual trading." }, { "label": "2.6", "text": "Under no circumstances shall the Pro User bear, be liable for, or be required to fund, cover or reimburse any Trading Loss. Trading Losses are hypothetical and affect solely the calculation of the Reward and the Pro User's continued eligibility under the applicable program." }, "Excessive or unrealistic single day or single trade profits (as determined at the Company's sole discretion) will be subject to review by the Company for any possible violations of Trading Rules or engaging in any Prohibited Use.", "The Pro User has the ability, means, knowledge and experience needed for the fulfillment of its undertakings according to this Agreement.", "The Company reserves the right to require Pro Users to apply specific risk parameters to accurately assess risk within their Accounts. These parameters may include, but are not limited to, leverage limits or position size constraints. It is important to note that these requirements may be temporary in nature and subject to periodic review and adjustment by the Company as necessary.", "In the event of extreme and unusual market movements, also known as \"Black Swan\" events, such as, but not limited to, Flash Crashes, Natural disasters, Technological Disruptions, Political Upheavals, Terrorist Attacks, Biological Events, Financial System Meltdowns and more, the Simulated Environment may not accurately reflect the behavior of the relevant reference markets. The Company reserves the right to exclude or adjust for such extraordinary market movements when calculating any hypothetical Trading Profits or Trading Losses.", "To continue trading with the same characteristics used during the Evaluation, which led to successful completion of the Evaluation.", "In performing this Agreement, User shall (i) comply with all applicable legal regulations; (ii) if required under applicable law, obtain, and maintain the validity of, all permits, licenses, consents, or approvals, which may apply to User's activities under this Agreement; and (iii) fulfill all notification, tax, fee, or other obligations that may arise in connection with the performance of this Agreement, and in particular with the Reward (defined in Section 3). The User is authorized to access and use the Services only in accordance with the applicable legal regulations and is prohibited from circumventing any technical measures that may limit the availability of the Services in certain countries. In no event shall the Company bear any responsibility for the failure of User to fulfill any of its obligations.", "The Pro Account and any and all rights related to the Services are personal to the Pro User and cannot be transferred by contract or otherwise. The Pro User is prohibited from using their account for any commercial or marketing purposes, including but not limited to selling services based on the Pro Account or teaching others how to pass the Evaluation stage. Any commercial exploitation of the Pro Account will be grounds for termination of the Pro User account and may also lead to termination of the User account on the Hub.", "It is not the purpose of the Parties to establish employer – employee relations and the User shall use the Services independently, and the Reward set out in these Pro Terms constitute the full and final payout for the Pro Users under this legal status.", "The Pro User does not deposit any funds with the Company, and the Company does not hold, receive, safeguard or maintain custody of any funds of the Pro User. The virtual capital, balances and positions recorded in the Pro Account are fictitious, do not represent any currency, asset or financial instrument, and cannot be used for any actual trading.", "Under no circumstances shall the Pro User bear, be liable for, or be required to fund, cover or reimburse any Trading Loss. Trading Losses are hypothetical and affect solely the calculation of the Reward and the Pro User's continued eligibility under the applicable program." ] }, "section3": { "heading": "Reward.", "paragraphs": [ "In connection with any Trading conducted by the Pro User, the Pro User will be rewarded as follows:", { "label": "3.1", "subheading": "Allocation.", "text": "User shall be entitled to receive a reward calculated as an allocation of accrued Trading Profits (net of Trading Losses) pursuant to the Trading Rules, as derived from the trading simulation platform (the \"Reward\"). Pro User shall not be entitled to any compensation, salary, or other benefit except the appropriate Reward, if any. As used herein, \"Reward Balance\" means, as to a given Pro User, the total accrued and unpaid Reward of such Pro User. The profit split of the Reward Balance shall be determined according to the program selected by the User in the Evaluation stage, as detailed in the program web page, or at the Company's discretion, based on risk assessments. In order to have a different profit split the Pro User must successfully complete the Evaluation in a different program. Notwithstanding anything to the contrary, (i) a User's Reward Balance shall at no time exceed the maximum balance specified in each program, and (ii) no Trading Profits shall be credited to a User's Reward Balance in excess of the Maximum Balance (with any such profits in excess of the Maximum Balance being disregarded and inapplicable to any future calculation of a Reward Balance or Trading Profits). For the avoidance of doubt, the Reward constitutes consideration for the Pro User's demonstrated performance within the Simulated Environment. It does not constitute a return on, yield from, or distribution in respect of any investment, capital, deposit or financial instrument, and the Pro User invests no capital of any kind." }, { "label": "3.2", "subheading": "Calculation of Reward.", "text": "Amounts deemed by the Company to approximate customary market charges for commissions and fees shall be imputed into Trading and netted out of the determination of any Trading Profits (defined below) and added to the balance of any Trading Losses (defined below). At the time of determination, (A) if after netting User's gross rewards and expenses from the initial balance of User's Pro Account at the commencement of a trading day (the \"Daily Starting Balance\") the result is in excess of such Daily Starting Balance, such amount in excess of the Daily Starting Balance shall represent hypothetical \"Trading Profits\", and (B) if after netting User's gross rewards and expenses from the Daily Starting Balance the result is less than the Daily Starting Balance, the difference between such result and the Daily Starting Balance shall represent hypothetical \"Trading Losses\". For the avoidance of doubt, all calculations shall be made with reference to simulated trading activity on the Pro Account." }, { "label": "3.3", "subheading": "Payout.", "text": "No payout to User shall be made except with the approval of the Company in its reasonable discretion. Payouts will generally be disbursed to the Pro User within 7 business days of the date the Company receives the payout request. In the event of any technical failure causing a delay in the payment, the Pro User will be notified by the Company, and a solution will be implemented as soon as practicable. Cryptocurrency payouts will be sent exclusively to the crypto wallet address originally provided by the User. Users who do not provide appropriate payment details will not be able to receive their Rewards. Notwithstanding anything to the contrary, the Company shall not be responsible and have no liability for any failure or inability to timely disburse any payout. The Company may, at its sole and absolute discretion, require User to withdraw some or all of User's accrued and unpaid Rewards. Each payout shall reduce the balance of User's Pro Account by the corresponding amount of Trading Profits used to calculate the distributed Rewards." }, { "label": "3.4", "text": "Upon scaling up to a new level, a new account will be created where the User's profits will be credited and added to the new account. Upon the creation of this new account, the withdrawal waiting period is reset. After a scaling-up event, if the User commences trading and incurs losses, these losses will be deducted from the credited profits first, and only then will losses begin to be deducted from the balance of the Pro Account." }, { "label": "3.5", "text": "Upon submitting a withdrawal request, the user will be required to select their preferred withdrawal method from the options presented by the Company. It is hereby clarified that once the user has selected a specific withdrawal method and confirmed the request, their choice shall be final, binding, and irreversible. It will not be possible to change the withdrawal method or cancel the request after it has been confirmed in the system. The user hereby waives any claim or demand against the Company in connection with the withdrawal method selected by them. If User engages in any of the Prohibited Conduct, violate the Trading Rules or if any discrepancies are discovered in the User Verification Process, the Company may, in its sole discretion and without limitation to all other rights and remedies, remove applicable trades and\/or trading days from User's Pro Account and not credit the profits and\/or losses of such trades toward the calculation of any Trading Profits or Trading Losses." }, { "label": "3.6", "text": "The User acknowledges and agrees that if an approved payout request from the User's share of profits exceeds a specific amount determined by the Company from time to time at its sole discretion (the \"Payout Threshold\"), the Company reserves the right to distribute the total payout amount across consecutive weekly installments. Each weekly installment under this section shall not exceed $10,000 (Ten Thousand US Dollars), and installments shall be issued on a continuous weekly basis until the User's approved profit distribution has been fully paid out. The Company reserves the right to amend the Payout Threshold at any time, including but not limited to reasons related to risk management, liquidity policies, or requirements set forth by payment processors." } ] }, "section4": { "heading": "Termination Rights.", "paragraphs": [ { "label": "4.1", "text": "These Terms shall apply to the Pro User's activity in the Pro Account." }, { "label": "4.2", "text": "If the Pro User fails to meet the trading targets in the Pro Account in accordance with the terms of the applicable program, the Pro Account will be terminated for that program." }, { "label": "4.3", "text": "If the Company, in its sole discretion, believes that User has abandoned their Pro Account (being deemed abandoned with 60 or more consecutive calendar days without any trades made), the Company may, with or without notice, permanently close User's Pro Account. Upon closure due to inactivity, the User will have 90 days to claim any remaining settlement. If no claim is made within 90 days, any remaining settlement will be forfeited and deleted after a total of 150 days of inactivity." }, { "label": "4.4", "text": "If the Company, in its sole discretion, believes that User has made a false statement or misrepresentation related to this Agreement, the User Verification Process or the Pro Account, has violated the Trading Rules, has engaged in any Prohibited Conduct, is acting in bad faith or in violation of these Pro Terms, or if the Pro User deviates from the trading characteristics used during the Evaluation stage, fails to comply with newly assigned risk parameters, uses their account for any commercial or marketing purposes (including but not limited to selling services based on the Pro Account or teaching others how to pass the Evaluation stage), or makes any defamatory statements or publishes harmful content about the Company or the Services, including, without limitation, the unauthorized disclosure or publication of email correspondence or other private communications with the Company, the Company may take such action as it deems appropriate in its sole discretion, including but not limited to (i) removing one or more trades or trading date from a Pro User's the Pro Account, and (ii) permanently closing User's Pro Account. If the Company, in its sole discretion, determines to close User's Pro Account pursuant to this Section 4.3, no Reward shall be allocated to the Pro User, any accrued Reward Balance shall be forfeited, the Pro Account shall be immediately terminated, User shall be permanently banned from engaging in any other offerings with the Company, User shall immediately return to the Company any Reward received, and User shall indemnify, defend, and hold the Company harmless from all losses, damages, fines, penalties, and expenses incurred as a result of such violation or breach, including reasonable attorneys' fees and expenses." } ] }, "section5": { "heading": "Data and Use.", "paragraphs": [ { "label": "5.1", "text": "Pro User acknowledges that he waives any right, as far as exists, in the data or information accrued in the Company's platform. The Company is the sole owner of all such data and information and may collect, aggregate, analyze, use, license, share and sell such data and information, in whole or in part, to or with its business partners, affiliates, vendors, distributors, service providers or any other third party, for any purpose and at its sole discretion. Pro User agrees that such activities may be performed automatically, and that in no circumstance shall the Pro User be entitled to any payment or compensation in connection therewith, except for the Reward as detailed in Section 3. Further, all such activities shall be performed without the necessity of notice, consent, consultation or approval by the Pro User. For the avoidance of doubt, nothing in this Section shall be construed as the Company receiving, transmitting, routing or executing any order of the Pro User in any market, or as creating any link between the Pro User's simulated activity and any actual transaction, and any use of such data by the Company or by any third party is made independently and confers no right, interest or entitlement of any kind upon the Pro User." } ] }, "section6": { "heading": "Acknowledgments.", "paragraphs": [ { "intro": "Pro User acknowledges that", "items": [ { "marker": "a", "text": "no actual trading in live markets will ever occur through the Pro Account;" }, { "marker": "b", "text": "User has no right, title, or ownership in any property, funds, or positions in the Pro Account;" }, { "marker": "c", "text": "all undistributed Rewards are at risk of loss; and" }, { "marker": "d", "text": "the Company solely communicates using the English language." } ], "label": "6.1", "text": "Pro User acknowledges that (a) no actual trading in live markets will ever occur through the Pro Account; (b) User has no right, title, or ownership in any property, funds, or positions in the Pro Account; (c) all undistributed Rewards are at risk of loss; and (d) the Company solely communicates using the English language. Pro User represents and warrants that Pro User possesses the necessary proficiency in the English language to communicate for all purposes necessary and incidental to this Agreement." }, "Pro User represents and warrants that Pro User possesses the necessary proficiency in the English language to communicate for all purposes necessary and incidental to this Agreement." ] }, "title": "Professional Account Terms" } }, "prohibited_conduct": "3.6 If User engages in any of the Prohibited Conduct, violate the Trading Rules or if any discrepancies are discovered in the User Verification Process, the Company may, in its sole discretion and without limitation to all other rights and remedies, remove applicable trades and\/or trading days from User's Funded Account and not credit the profits and\/or losses of such trades toward the calculation of any Trading Profits or Trading Losses.", "representations_warranties_covenants": "2. Representations, Warranties, and Covenants.", "rewards": "3. Reward.", "scaling_up": "3.4 Upon scaling up to a new level, a new account will be created where the User's profits will be credited and added to the new account. Upon the creation of this new account, the withdrawal waiting period is reset. After a scaling-up event, if the User commences trading and incurs losses, these losses will be deducted from the credited profits first, and only then will losses begin to be deducted from the balance of the funded account.", "termination_rights": "4. Termination Rights.", "terms_application": "4.1 These Terms shall apply to the Funded User's activity in the Funded Account.", "trading_profit_loss_terms": "Amounts deemed by the Company to approximate customary market charges for commissions and fees shall be imputed to Trading and netted out of the determination of any Trading Profits (defined below) and added to the balance of any Trading Losses (defined below). At the time of determination, (A) if after netting User's gross rewards and expenses from the initial balance of User's Funded Account at the commencement of a trading day (the \"Daily Starting Balance\"<\/strong>) the result is in excess of such Daily Starting Balance, such amount in excess of the Daily Starting Balance shall represent hypothetical \"Trading Profits\"<\/strong>, and (B) if after netting User's gross rewards and expenses from the Daily Starting Balance the result is less than the Daily Starting Balance, the difference between such result and the Daily Starting Balance shall represent hypothetical \"Trading Losses\"<\/strong>. For the avoidance of doubt, all calculations shall be made with reference to simulated trading activity on the Funded Account.", "user_acknowledges_and_agrees": "2.1 User acknowledges and agrees:", "user_agreement_acknowledgment": "I ,{{userName}}<\/strong>, with the email address {{email}}<\/strong>, hereby acknowledge that I have read, understood, and agree to be bound by the Terms of Use and Privacy Policy, as described at this agreement. I further agree that this Agreement constitutes a legally binding agreement between me and the Company.", "withdrawal_method_selection": "3.5 Upon submitting a withdrawal request, the user will be required to select their preferred withdrawal method from the options presented by the Company. It is hereby clarified that once the user has selected a specific withdrawal method and confirmed the request, their choice shall be final, binding, and irreversible. It will not be possible to change the withdrawal method or cancel the request after it has been confirmed in the system. The user hereby waives any claim or demand against the Company in connection with the withdrawal method selected by them." }