Terms of Service

1. PREAMBLE, ACCEPTANCE AND CONTRACTUAL BINDING

1.1. These Terms and Conditions of Use and Service Provision ("Terms") govern (a) the access, browsing and use of the website fundednext.com and any subdomains, pages, dashboards and related interfaces (collectively, the "Website"), as well as (b) the acquisition and use, by the User, of any products, accounts, plans, functionalities, evaluation programmes, content and services made available under the FundedNext brand (collectively, the "Services").

1.2. By performing any of the acts below (including on a partial, experimental or temporary basis), the User declares that they have read, understood and fully agree to these Terms, forming a legally binding contract: (a) accessing or browsing the Website; (b) creating an Account; (c) purchasing any product; (d) initiating, executing or simulating operations on any platforms made available; (e) submitting data, documents or information; or (f) otherwise using the Services in any manner.

1.3. These Terms must be read in conjunction with all policies, rules and documents expressly incorporated by reference and/or applicable to the User's specific product/Account, including, as applicable: Terms of Service, CFDs Challenge Terms, Futures Challenge Terms, Instant Account Terms, Risk Disclosure, Privacy Policy, Cookie Policy and AML/KYC Policy (collectively, the "Policies"). The User acknowledges and agrees that: (a) the Policies form an integral part of this contract; (b) the content and rules vary depending on the product/Account acquired; and (c) compliance with these Terms and the Policies is an essential condition for access, Account maintenance and eligibility for any benefits, phase migrations and/or Performance Rewards, where applicable.

1.4. If the User does not agree with these Terms and/or the applicable Policies, they must immediately cease using the Website and must not use the Services, create an Account or purchase any products.

1.5. These Terms constitute a contract between the User and the entity(ies) responsible for providing the Services under the FundedNext brand, as identified in Section 2. If the User is accepting these Terms on behalf of a legal entity or third party, they represent and warrant that they have sufficient authority to bind such entity or third party, assuming responsibility for the accuracy of such representation.

1.6. In the event of any conflict, discrepancy or inconsistency between (i) these Terms (main text) and (ii) any Policies, Rules, Annexes, FAQs, informational materials, Website content or support communications, the main text of these Terms shall prevail, unless a specific document expressly states that it prevails over a specific provision of these Terms and such precedence is permitted by mandatory applicable law.

2. IDENTIFICATION OF THE PROVIDER AND INVOLVED ENTITIES

2.1. The Services made available under the FundedNext brand are offered and contracted by the User with GrowthNext – F.Z.E., a company duly registered under No. 28831, with its registered address at Office No. 7, AI Robotics HUB, C1 Building, Ajman Free Zone (AFZ), Ajman, United Arab Emirates ("Provider"). The Provider is the sole contracting party responsible for the offering, administration, governance and management of the Services vis-à-vis the User, under the terms of this Agreement. The User acknowledges and agrees that certain operational, technical or administrative activities related to the Platform and the Services may be performed by entities affiliated with or related to the Provider, including, without limitation:

(a) FundedNext Ltd, with registration number HY01023052, and having its registered office at Bonovo Road, Fomboi, Island of Moheli, Comoros, responsible for certain operational, technical or technological aspects related to the simulated trading environment and the Platform's operational infrastructure; and

(b) FundedNext Limited, a company registered in Hong Kong, responsible for the operation, maintenance and administration of the website and certain digital resources associated with the Platform.

The involvement of any affiliated or related entities is strictly operational in nature and does not create an independent contractual relationship between the User and such entities, with the Provider remaining the sole contractual counterparty of the User, unless expressly stated otherwise.

2.2. Certain payments, charges, refunds and financial operations related to the Services may be carried out through Incenteco Trading LTD, a limited company, registered under No. HE 307114, with its registered office at 16 Foti Kolakidi Floor 1 Agia Zoni3031 Limassol Cyprus, an entity affiliated with GrowthNext – F.Z.E., or through other payment service providers, acquirers, financial institutions or technological intermediaries designated by the Provider (collectively, the "Payment Processor").

The User acknowledges and agrees that:

(a) the use of the Payment Processor occurs exclusively for operational, administrative and technical purposes of financial processing;

(b) the Payment Processor acts as a technical-financial intermediary and does not provide the Services subject to these Terms, nor does it alter the legal nature of the contractual relationship between the User and the Provider;

(c) the identification of the Payment Processor or any affiliated entity on invoices, statements, payment confirmations, transaction descriptors or financial records does not create an independent contractual relationship between the User and such entities;

(d) any rights, obligations and responsibilities of the User shall remain governed exclusively by these Terms in relation to the Provider, unless expressly stated otherwise; and

(e) the Provider may, at any time, replace or use multiple Payment Processors, without the need to amend these Terms, provided that the guarantees and obligations set forth herein are maintained.

2.3. The User acknowledges that, in order to enable the provision of the Services, the Provider may use, at its discretion, affiliated companies, subcontractors and specialised service providers, including, without limitation: technology and infrastructure providers, simulated trading platforms, data and feed providers, KYC/AML verification systems, anti-fraud solutions, payment processors, hosting providers, information security providers and communication providers (collectively, the "Third Parties").

2.4. The User is aware that part of the experience, functionality and availability of the Services may depend on systems, integrations and resources operated by Third Parties. Such dependency does not imply a transfer of the Provider's primary responsibility towards the User, but may influence technical and operational aspects of the Services, as detailed in Section 15 of these Terms.

2.5. The Provider may, at any time and without requiring the User's consent, modify its corporate structure, reorganise group entities, replace the Payment Processor or change Third Party providers, provided that such modification does not prejudice the User's essential rights under these Terms.

2.6. For the purposes of official communication with the Provider, the channels and procedures set out in Section 28 shall apply, and general support and contact information may be made available on the Website and the Platform.

2.7. The User acknowledges and agrees that charges related to the Services may appear on bank statements, invoices and payment confirmations under commercial descriptors ("billing descriptors") identifying the Provider, the Payment Processor and/or authorised service providers, which may differ from the "FundedNext" brand for operational, banking, acquiring and compliance reasons. A discrepancy in the descriptor alone shall not constitute an improper charge nor justify a chargeback.

2.8. Before initiating any dispute, chargeback, reversal, refund or payment dispute with a bank, card network or payment provider, the User undertakes to contact the Provider's support through official channels and cooperate in good faith to clarify the transaction and attempt resolution. Without prejudice to the Provider's other rights, initiating chargebacks or disputes in breach of this obligation may be treated as an indication of abuse and may trigger measures provided for in these Terms, including suspension, investigation and application of indemnification and enforcement provisions.

3. DEFINITIONS

For the purposes of these Terms, unless the context requires otherwise, the expressions below shall have the following meanings, applicable both in the singular and plural:

"User" means any natural or legal person who accesses the Website and/or uses, in any manner, the Services, including visitors, registered users, purchasers, participants in evaluation programmes and Account holders.

"Client" or "Counterparty" may be used, in specific documents, as synonyms for User, particularly in materials related to evaluation programmes, challenges, Accounts and product parameters, without implying any alteration to the legal nature of the relationship established under these Terms.

"Account" means any product, plan, programme or arrangement contracted by the User with the Provider within the scope of FundedNext, including, without limitation: evaluation accounts (such as "CFDs Challenge", "Futures Challenge"), instant accounts, simulated funded accounts and any variations or successors of such products.

"Platform" means any system, interface, software or electronic environment made available or authorised by the Provider for access to the Services, including, without limitation, integrated third-party platforms and internal user dashboards.

"Simulated Trading" means the execution of operations in a strictly simulated environment, using virtual funds, simulated and/or replicated market conditions, exclusively for the purposes of evaluating, training and measuring the User's performance, and shall not constitute: (i) brokerage; (ii) financial intermediation; (iii) execution of real orders in the market; (iv) asset management; nor (v) any form of regulated investment service provided on behalf of the User, unless expressly indicated in a specific applicable document.

"Performance Reward" means any amount that the Provider may, at its sole discretion and subject to full compliance with these Terms, the Policies, the Trading Rules and applicable verifications (including KYC/AML), make available to the User as a result of performance achieved in the Simulated Trading environment. The User acknowledges that Performance Rewards do not constitute guaranteed remuneration, salary, commission, investment profit or vested right.

"Trading Rules" means the set of technical parameters, targets, risk limits, operational restrictions, prohibited conduct and other criteria applicable to each specific Account or product, as described in these Terms, in supplementary documents, on the official Website pages and in the applicable FAQs.

"Services" means, collectively or individually, access to the Website, the Platform, evaluation programmes, Accounts, tools, content, functionalities and other resources made available by the Provider to the User.

"Policies" means all supplementary documents incorporated into these Terms by reference, including, without limitation, privacy policies, cookie policies, AML/KYC policies, product-specific rules and any other instruments expressly incorporated.

"Third Parties" means any service providers, affiliates, partners, technology providers, platforms, payment processors and other suppliers used by the Provider to enable the provision of the Services.

"CFDs" (Contracts for Difference) means contracts for difference, a derivative instrument whose economic result reflects the price variation of an underlying asset (for example, currency pairs, indices, commodities, shares and/or others), without physical delivery of the underlying asset. For the purposes of these Terms, "CFDs" refers exclusively to the universe of products/Accounts/evaluations identified as "CFDs" in FundedNext (including "CFDs Challenge" and variations), and shall be subject to the specific rules and restrictions applicable to such product.

"Futures" (Futures Contracts) means futures contracts traded on organised markets/exchanges (or equivalent environments), whose economic result derives from the variation in the contract price, with standardised specifications (such as expiry, contract size and margin requirements), as applicable. For the purposes of these Terms, "Futures" refers exclusively to the universe of products/Accounts/evaluations identified as "Futures" in FundedNext (including "Futures Challenge" and variations), and shall be subject to the specific rules and restrictions applicable to such product.

"Restricted Jurisdictions" means any country, territory, jurisdiction, locality or category of persons in respect of which the Provider does not offer or restricts access to one or more Services (including specifically CFDs and/or Futures products), for regulatory, compliance, sanctions, risk mitigation, Third Party requirements (including PSPs), or commercial decision reasons. Restricted Jurisdictions may vary by product (for example, CFDs vs Futures) and shall be determined as provided in Section 5 and in accordance with official lists published through the Provider's channels.

"Challenge", "Evaluation Stage" means the evaluation stage in the Simulated Trading environment, acquired upon payment of a Fee, in which the User seeks to demonstrate performance in accordance with the applicable Trading Rules and Policies.

"Funded Stage", "Funded Phase" or "Funded Account Status" means the stage following approval in the Challenge (or made available directly in "Instant Account" products, where applicable), in which the User is granted access to an account with parameters defined by the Provider, intended exclusively for Simulated Trading and performance assessment for the purposes of a potential Performance Reward.

"Funded Account" means the account and/or environment made available to the User in the Funded Stage, subject to specific rules and limitations defined by the Provider.

4. OBJECT AND NATURE OF THE SERVICES

4.1. The Website and the Services are intended exclusively to provide the User with a technological solution and structured programmes for evaluation of trading skills; training and development of strategies in a controlled environment; and measurement of performance in Simulated Trading, including access to platforms, tools, parameters and specific rules applicable to each product/Account. The Services do not constitute, under any circumstances, investment services, portfolio management, brokerage, execution of real orders, financial intermediation or regulated activity.

4.2. The User expressly acknowledges and agrees that:

(a) the Provider is not a broker, financial institution, investment firm, asset manager, market intermediary, custodian, trading counterparty or regulated financial services provider;

(b) the Provider does not execute real market orders on behalf of the User, does not transmit orders to third parties, does not receive or manage User funds for investment purposes and does not act as agent or representative of the User;

(c) any and all activities performed by the User within the scope of the Services take place exclusively in a simulated environment, for evaluation and training purposes;

(d) the amounts paid by the User constitute fees for the acquisition of an evaluation service and shall not, under any circumstances, be deemed margin deposits, capital contributions, investments, custodial arrangements, real trading accounts or any form of financial application.

4.3. Nothing on the Website, the Platform, in informational materials or in the Services shall be construed as: an offer, recommendation or solicitation to buy, sell or trade securities, derivatives, financial contracts, crypto-assets or any regulated products; provision of financial advice, investment recommendations, asset management, personalised advisory or professional guidance; promise, guarantee or expectation of profitability, financial return, profit, remuneration or income generation; guarantee of approval in evaluation programmes, phase migration, access to specific Accounts, eligibility for Performance Rewards or continued participation in any programme.

4.4. Any data, quotes, charts, news, indicators or market information made available by the Provider are for informational and/or educational purposes only and may be incomplete, approximate, outdated or subject to technical errors. The User is solely and exclusively responsible for their decisions, strategies and use of such information.

4.5. The User declares that they understand that:

(a) they participate in programmes and use the Services on their own initiative, risk and responsibility;

(b) they must independently assess whether the Services are suitable for their profile, experience and objectives; and

(c) no prior results, historical performance, demonstration or example provided by the Provider constitutes a guarantee of future results.

4.6. It is the sole responsibility of the User to verify whether access to and use of the Services is permitted in their jurisdiction of residence or operation. The Provider assumes no responsibility if the User uses the Services in any location where such activities are prohibited or restricted, subject to the specific provisions on Restricted Jurisdictions and eligibility set out in these Terms.

4.7. The User acknowledges that the Services may include distinct products and programmes, including modalities related to CFDs and Futures, each with its own rules, parameters, eligible instruments, operational restrictions and Restricted Jurisdictions, as set forth in these Terms and in applicable specific documents (including the Trading Rules and respective product terms). Participation in one modality (for example, CFDs) does not automatically grant the right of access, eligibility, phase migration, benefits or Performance Rewards in another modality (for example, Futures), unless expressly indicated by the Provider.

5. ELIGIBILITY

5.1. The Services are made available exclusively to persons who (i) are at least eighteen (18) years of age, or the higher minimum age required in their jurisdiction; (ii) have full legal capacity to enter into and comply with these Terms; (iii) are not subject to any legal, regulatory or sanctions-related restrictions that would prevent access to or use of the Services; and (iv) fully satisfy the eligibility rules, KYC/AML requirements and other criteria established by the Provider and its Third Parties, including but not limited to background checks.

5.2. The User represents and warrants that they are not located, domiciled, or habitually resident; nor subject to the laws, sanctions or restrictions of any country, territory or jurisdiction in which the Services are not offered or in which their availability is prohibited, restricted or discouraged for regulatory, compliance, sanctions, operational, PSP requirements, technology provider requirements or commercial decision reasons of the Provider.

5.3. Without prejudice to other restrictions set forth in these Terms, for CFD Services, at the time of publication of these Terms, the Provider does not make the Services available to residents and citizens of the following countries/territories: Bangladesh, Myanmar, Belarus, North Korea, Syria, Grenada, Chad, Malaysia, Belize, Antigua and Barbuda, Cape Verde, Tuvalu, Vietnam, Bouvet Island, Burundi, Cook Islands, Eritrea, Comoros, Sri Lanka and Fiji ("Restricted Countries – CFDs").

5.4. Without prejudice to other restrictions set forth in these Terms, for Futures Services, at the time of publication of these Terms, the Provider restricts access to residents of the following countries/territories: Afghanistan, Democratic Republic of the Congo, Myanmar, Albania, Djibouti, Palestinian Territory (Occupied), Antarctica, Eritrea, Rwanda, Antigua and Barbuda, Fiji, Russian Federation, Bangladesh, Guinea-Bissau, Sierra Leone, Belarus, Grenada, Somalia, Belize, Iran, South Sudan, Bouvet Island, Iraq, Sri Lanka, Burkina Faso, Jordan, Sudan, Burundi, North Korea, Syria, Cape Verde, Laos, Tajikistan, Chad, Lebanon, Timor-Leste, Comoros, Lesotho, Tuvalu, Congo, Libya, Ukraine, Cook Islands, Malawi, Venezuela, Côte d'Ivoire / Ivory Coast, Malaysia, Vietnam, Cuba, Mali and Yemen ("Restricted Countries – Futures").

5.5. Notwithstanding the lists above, the Provider may, at any time, block, restrict or deny access to the Services where it involves countries or persons subject to international sanctions; restrictions imposed by regulatory authorities or by PSP and payment network policies; requirements of technology providers, platforms or essential partners; or compliance, fraud or anti-money laundering risks. The User acknowledges that certain payment methods and functionalities may not be available for countries subject to such restrictions.

5.6. The User represents, warrants and undertakes to verify in advance whether access to and use of the Services is permitted in their jurisdiction; provide true, complete and up-to-date information during registration and verification processes; not use VPNs, proxies, artificial routing, location spoofing, third-party identities, document falsification or any means to circumvent geographical, technical or legal controls; and immediately notify the Provider if their eligibility status changes.

5.7. The User acknowledges that the Provider may, at any time and as a condition for access, Account maintenance, resets, phase migrations and/or payment of Performance Rewards, require KYC/AML procedures; request additional documents and information; apply IP verification, geolocation, device fingerprinting and anti-fraud controls; and refuse, suspend or limit Services until eligibility is satisfactorily confirmed.

5.8. If the Provider identifies, at any time, indications of breach of this Clause 5, it may, without prior notice and without prejudice to other rights deny or suspend access to the Services; terminate Accounts; cancel results and evaluations; deny, withhold or reverse Performance Rewards; and adopt appropriate administrative and legal measures.

5.9. The lists of Restricted Jurisdictions and other eligibility rules may be amended by the Provider for regulatory, compliance, PSP requirements, technology provider requirements or commercial decision reasons. In the event of any discrepancy, the most recent version published through the Provider's official channels shall prevail, subject only to mandatory legal protections.

5.10. The User acknowledges that certain third-party platforms and services may impose availability limitations based on location, which may affect the User's eligibility for specific products, regardless of other provisions of these Terms.

6. REGISTRATION, ACCOUNT, ACCURACY OF DATA AND SECURITY

6.1. To access and use certain Services, the User must create a personal and unique Account on the Platform, providing complete, accurate, true and up-to-date information. Account creation is an essential condition for purchasing products, participating in evaluation programmes and receiving any Performance Rewards provided for under these Terms.

6.2. The User represents and warrants that all information provided during registration and throughout the contractual relationship is true, accurate and current, and undertakes to keep such information permanently updated. The Provider may, at any time, require the updating or confirmation of registration data as a condition for maintaining access to the Services.

6.3. The Account is personal, individual and non-transferable. The User may not sell, assign, share, sublicense or allow third parties to use the Account. Any attempt at shared or multiple use of the Account shall constitute a breach of these Terms.

6.4. The User is fully responsible for:

(a) maintaining the confidentiality of their username, password, access keys, tokens, devices and any other authentication mechanisms;

(b) adopting reasonable security measures to prevent unauthorised access to the Account;

(c) all activities carried out through the Account, including those performed by third parties with or without their authorisation; and

(d) immediately notifying the Provider if they identify or suspect unauthorised use, loss of credentials or any security breach.

6.5. The User may not allow third parties to operate the Account on their behalf, nor use account management services, credential sharing, third-party identities, bots, scripts or automated systems not expressly authorised by the Provider.

6.6. The User must promptly notify the Provider of any security incident related to their Account and cooperate in good faith in the investigation and mitigation of risks.

7. PURCHASE OF PRODUCTS, FEES AND PAYMENTS

7.1. To purchase certain Services (including, without limitation, programmes such as the CFDs Challenge, Futures Challenge and Instant Account), the User must pay the applicable registration fee and any other fees disclosed at the time of purchase (collectively, the "Fees"). The Fees, as well as the applicable commercial conditions (including discounts, vouchers, add-ons, promotional conditions and selected parameters), shall be displayed prior to confirmation of the purchase order.

7.2. Each acquisition of a product by the User constitutes a separate order ("Order"). An Order shall be deemed formed and contractually binding at the moment the User submits the purchase request through the Website/Platform by clicking the relevant confirmation button (or equivalent click-wrap mechanism) and the payment is successfully authorised/confirmed by the Provider and/or the Payment Processor (as applicable), with the corresponding Order confirmation made available to the User by e-mail and/or in the User Area. Unless expressly stated otherwise, each formed Order gives rise to a separate contract relating to the selected product, governed by these Terms and the applicable documents incorporated by reference.

7.3. The User may pay the Fees using the payment methods made available on the Website/Platform at the time of payment (for example, credit/debit card and/or other methods). By proceeding with payment, the User:

(a) authorises the Provider and/or the Payment Processor to charge the selected payment method;

(b) represents and warrants that they are the lawful holder of the payment method used or are duly authorised to use it;

(c) acknowledges that anti-fraud and compliance checks may be carried out before and/or after payment confirmation, including requests for additional information from the User; and

(d) shall not initiate any chargeback, reversal or payment dispute except where permitted by applicable mandatory law and only after first making a genuine attempt to resolve the matter directly with the Provider through its official support channels.

7.4. The Fees shall be deemed paid when the corresponding amount has been successfully credited to the Provider and/or the Payment Processor (as applicable). Upon payment confirmation, the Provider shall make available to the User, within a reasonable timeframe, the credentials and/or access to the purchased product, unless additional verification is required.

7.4.1. The Fees constitute consideration solely for access to the Services and do not constitute deposits, client money, safeguarded funds, margin, investment capital, custodial assets or funds held by the Provider on behalf of the User for trading or investment purposes.

7.5. Where the User selects a payment currency different from the base currency of the displayed price, conversion may be carried out by the Provider/Payment Processor, based on prevailing market exchange rates and/or rates applied by acquirers/payment service providers at the time of the transaction, and/or by the User's bank or payment provider in accordance with their own rules.

The User acknowledges that:

(a) the final amount in their local currency may vary due to exchange rates, spreads, fees and local taxes;

(b) the User is responsible for ensuring that the Fee is paid in full (net amount received), bearing any bank/payment processor fees, conversion fees and related charges, unless expressly stated otherwise; and

(c) exchange rate differences and bank/payment processor fees do not constitute unauthorised or improper charges.

7.6. Any taxes, levies, duties, withholdings, banking charges or similar fees that may apply to payments, refunds (where applicable) or receipts relating to the Services shall be borne solely by the User, unless expressly stated otherwise. The Provider does not provide tax advice and assumes no responsibility for the User's personal or business tax obligations arising from the use of the Services.

7.7. The User may request a refund within seven (7) days from the date of purchase, provided that no Trading Activity has occurred on the relevant Account. For the purposes of this Section, "Trading Activity" means that any trade, order or position has been opened and/or executed on the relevant Account, as recorded by the Platform.

7.7.1. To the maximum extent permitted by applicable law, once any Trading Activity has occurred on the relevant Account, the User shall not be entitled to any refund, cancellation or reversal. For the avoidance of doubt, no refund shall be due where (i) the User fails to successfully complete any evaluation; and/or (ii) any failure, restriction or termination results from a breach of these Terms, the Trading Rules or the applicable Policies, ineligibility, geographic restrictions, incomplete or failed anti-fraud/KYC/AML verification, chargebacks/disputes, or any other reason provided for in these Terms.

7.8. If any payment is declined, fails to settle, is only partially captured, is cancelled, reversed before final settlement, or is otherwise not successfully completed, the Provider may refuse to provide the relevant Service, suspend or withhold access pending resolution, cancel the relevant Order, and/or require an alternative payment method or additional verification before reprocessing the transaction, without liability for any resulting delay, restriction, suspension or non-availability of the relevant Service.

7.9. If the User has any billing concern or payment-related issue, the User must first contact the Provider through its official support channels and make a genuine attempt to resolve the matter before contacting any bank, card issuer, payment provider or payment network. Initiating a chargeback, reversal or similar payment dispute without first attempting to resolve the matter with the Provider in accordance with this Clause may be treated as a material breach of these Terms.

7.9.1. The Provider reserves the right to dispute and defend any chargeback, reversal or payment dispute by submitting these Terms, transaction records, account activation logs, Platform access records and any related communications as evidence that the relevant Services were properly ordered, activated and/or made available in accordance with these Terms.

7.9.2. Where the User initiates or attempts any chargeback, reversal or other payment dispute in breach of these Terms, the Provider may, to the fullest extent permitted by applicable law:

(a) charge the User an administrative chargeback fee of USD 25.00 for each chargeback or disputed transaction;

(b) recover any outstanding Fees relating to the Services already provided or made available;

(c) recover any bank charges, payment processor penalties, administrative costs, collection costs and legal fees reasonably incurred by the Provider;

(d) suspend, restrict or permanently terminate the User's Account and access to the Platform; and

(e) take any further action available under applicable law, including referring the matter to debt collection or external recovery providers.

7.10. In the event of fraud, attempted fraud, unauthorised use, reversal arising from suspicious circumstances, or any reasonable suspicion of irregular, deceptive, abusive or unlawful activity, the Provider may, without prejudice to any other rights or remedies available under these Terms or applicable law:

(a) suspend or terminate the Account;

(b) block, restrict or disable access to the Services or any part of the Platform;

(c) cancel the relevant Order;

(d) withhold, cancel or invalidate any Performance Rewards, credits or other benefits associated with the affected Account; and

(e) take such protective, investigative, administrative or legal measures as the Provider reasonably considers necessary, including the recovery of any losses arising from such conduct to the extent permitted by applicable law.

7.11. Where the User seeks reactivation following any chargeback, reversal or payment dispute, the User must first withdraw the relevant dispute and provide reasonable documentary proof of such withdrawal, in form and substance satisfactory to the Provider. The Provider may require additional verification, supporting information and full settlement of any outstanding Fees, charges, penalties, processor costs and related expenses before considering any request for reactivation. Reactivation shall be entirely at the Provider's discretion and shall not constitute a waiver of any prior breach.

7.11.1. Verification and reactivation, if granted, may take forty-five (45) to sixty (60) business days, or such longer period as may be reasonably required depending on the payment channel, external verification requirements and third-party processing timelines.

7.12. The Provider may, at its discretion, offer discounts, vouchers, credits and promotions, subject to specific terms and conditions, including validity periods, eligibility criteria, per-user limits, per-device limits, per-country limits and payment method restrictions. Unless expressly stated otherwise, promotions are not cumulative, have no cash value, are personal and non-transferable. Misuse of promotions, duplication attempts, fraud, manipulation or circumvention may result in Order cancellation, invalidation of related benefits and enforcement measures under these Terms.

7.13. To preserve the integrity of the Services and prevent abuse, the Provider may impose limits on the number of Orders/Accounts that a User may purchase, maintain or operate, including on the basis of reasonable linkage indicators (for example, related accounts, common control, shared payment methods, same residence, IP address, device or other connection signals). The Provider may aggregate linked or related Accounts for enforcement purposes, impose cooling-off periods, suspend new purchases, refuse future Orders and/or invalidate benefits obtained through circumvention of such limits or restrictions.

7.14. Where applicable, receipts and/or invoices may be made available to the User by email and/or through the User Area, in accordance with applicable legal and operational timelines. Identification of the Provider and/or the Payment Processor on invoices or statements does not alter the allocation of responsibilities set out in these Terms.

8. SIMULATED TRADING ENVIRONMENT AND NATURE OF OPERATIONS

8.1. FundedNext provides different programmes and types of Account, including, without limitation, CFDs Challenge, Futures Challenge and Instant Account, as well as their variations and successors. Each product has its own parameters, targets, risk limits, eligible instruments, operational restrictions and Trading Rules, which are expressly communicated to the User at the time of purchase and during the use of the Services.

8.2. The User acknowledges and agrees that the Trading Rules applicable to their Account constitute an integral, essential and inseparable part of these Terms, and are an indispensable condition for the maintenance of the Account; progression between evaluation stages; eligibility for Performance Rewards; and continuation in the purchased programme.

8.3. The User undertakes to fully comply with all applicable Trading Rules, acknowledging that the breach of any rule, parameter or limit may result, at the Provider's discretion, in measures such as automatic failure of the evaluation; termination or suspension of the Account; cancellation of obtained results; loss of eligibility for Performance Rewards; restart of the programme (reset), where applicable; and/or other enforcement measures provided for in these Terms.

8.4. Without prejudice to other prohibited conduct described in these Terms and in the applicable Policies, typical violations of the Trading Rules include, among others, exceeding daily loss limits and/or total loss limits; failure to comply with targets, lot restrictions, exposure limits or operational parameters; exploitation of system failures, latency, technical errors or improper arbitrage; hedging between own or related Accounts; use of strategies expressly prohibited for the specific product; manipulation of results or conduct incompatible with the purpose of simulated evaluation.

8.5. Certain parameters and Trading Rules may be modified by add-ons, upgrades, special offers or specific conditions selected by the User at the time of purchase. Such special conditions, where applicable, shall prevail during their validity over the standard rules of the corresponding product, without altering the other provisions of these Terms.

8.6. The Provider may supplement, detail and clarify the Trading Rules through FAQs, guides, manuals, operational notices and communications on the Platform, provided that such supplements do not contradict the contractual core of the purchased product.

8.7. The User acknowledges that the Provider may, at any time, review, analyse and audit activities carried out in the Account in order to verify compliance with the Trading Rules, including with the assistance of technical tools and specialised Third Parties.

8.8. Prior compliance with the Trading Rules by the User does not create any acquired right, precedent or legitimate expectation that prevents the Provider from applying, at any time, the rules and measures provided for in these Terms in the event of future violation.

8.9. The Trading Rules may be updated by the Provider for technical, operational, programme integrity or Third Party requirements, subject to the contractual amendment provisions set out in these Terms.

9. TRADING RULES, PERFORMANCE CRITERIA AND PROHIBITED CONDUCT

9.1. The User is expressly prohibited, whether directly or indirectly, acting on their own behalf or through third parties, from engaging in any of the following conduct, which shall be considered material breaches of these Terms:

(a) Exploitation of Errors; Latency and Feed Abuse. The User must not exploit any error, delay, mismatch, glitch, defect, vulnerability, limitation or anomaly affecting price display, simulated execution, quotes, market data, data-feed updates, order handling, platform mechanics, calculation logic, rule monitoring, or any other system component. Without limitation, the User must not engage in latency trading, latency arbitrage, quote stuffing, feed arbitrage, trading based on slow/fast feed discrepancies, data-feed manipulation, or any conduct intended to benefit from delayed, stale, off-market, erroneous, incomplete or inconsistent data.

(b) Technical Flaw Exploitation; System Vulnerabilities. Using any system flaw, bug, technical error, security weakness, vulnerability, reverse-engineering, interference technique or other technical method to obtain an advantage is prohibited, including any attempt to degrade, overload, probe, interfere with, bypass, or otherwise compromise the security, stability, integrity or availability of the Website, the Platform, or any Provider or Third Party system.

(c) Arbitrage (Any Form) and Riskless/Artificial Profit Strategies. Any form of arbitrage intended primarily to exploit pricing differences, delays, simulation limitations, or execution/data mechanics (rather than genuine market exposure and risk-taking) is prohibited. Without limitation, prohibited arbitrage includes latency arbitrage, spatial arbitrage, triangular arbitrage, statistical arbitrage, market-making arbitrage, pairs arbitrage, volatility arbitrage, and any method designed to generate riskless or near-riskless profits through price discrepancies, execution anomalies, simulation constraints, or improper exploitation of platform mechanics.

(d) Gap Trading; Off-Market Exploitation; Illiquid Prints; Execution Anomalies. Trading strategies designed to exploit gaps, illiquid market prints, off-market quotes, abnormal spreads, outlier ticks, simulated execution anomalies, irregular pricing events, or conditions that would not reasonably reflect real market trading conditions are prohibited, where such conduct is primarily intended to game programme outcomes, circumvent risk parameters, or obtain an unfair advantage incompatible with the evaluation purpose.

(e) Fraud, Manipulation and Falsification. The User must not commit fraud, manipulate, distort or falsify results, records, activity, performance metrics, trading logs, account history, or any information related to the Services. Prohibited conduct includes any device, scheme, arrangement or practice intended to obtain an advantage incompatible with the legitimate purpose of evaluating skills in simulated trading, including the exploitation of systemic failures or any artificial behaviour designed to trigger or manufacture evaluation outcomes.

(f) Group Trading; Coordinated Trading; Collusion. Any coordinated trading designed to manipulate programme outcomes is prohibited. Without limitation, the User must not: (i) open opposite or offsetting positions across multiple accounts (whether the User's own accounts or other persons' accounts); (ii) engage in synchronised entries/exits intended to game rules or platform calculations; (iii) use collusive patterns, coordinated strategies, or any arrangement that defeats realistic evaluation; or (iv) participate in any group trading scheme (including by agreement, instruction, signalling, or shared strategy execution) intended to manipulate results or circumvent programme parameters.

(g) Hedging and Cross-Account Risk Neutralisation. Multiple hedged positions may be permissible within a single Challenge Account only to the extent permitted under the applicable programme rules and platform calculations. However, cross-account hedging (including hedging, mirroring, cross-hedging, or coordinated hedging) is prohibited where it undermines the evaluation programme, including any arrangement designed to neutralise risk, manipulate outcomes, or circumvent limits across: (i) the User's own accounts; (ii) related accounts; and/or (iii) accounts maintained at other firms.

(h) Copy Trading; Mirroring; Signal Following (Without Authorisation). Copy trading, mirroring, signal following, trade replication or any substantially similar activity (whether manual or automated) is prohibited unless expressly authorised in writing by the Provider and permitted under the applicable programme rules. For the avoidance of doubt, any replication of another person's trading activity, or systematic execution of trades based primarily on external signals, shared instructions, or third-party trade streams, may be treated as prohibited copying/mirroring.

(i) Account Management; Account Sharing; Third-Party Trading; "Passing Services". The User must not allow any third party to access, manage, control, or trade the User's account, and must not trade on behalf of any third party. The User must not sell, assign, lease, sublicense, share credentials, grant remote access, permit use by third parties, or use account management services, unauthorised copy trading, "passing services", or any third-party management arrangement (whether paid or unpaid).

(j) Abusive Multiple Accounts; Circumvention of Limits, Promotions or Geofences. The User must not create, operate or use multiple accounts in a manner intended to circumvent limits, parameters, promotions, geographical restrictions, eligibility rules, maximum account allocations, rule enforcement logic, or other programme rules. The Provider may treat patterns consistent with "account stacking", "account rolling", serial re-entries, or coordinated multi-account usage as abusive circumvention.

(k) Identity, Eligibility and Documentation; Misrepresentation. The User must not use a false identity, invalid, altered or third-party documents, misleading information, or any form of impersonation or misrepresentation to create, verify, access, or operate accounts. Any attempt to conceal identity, beneficial ownership, residency/jurisdiction, eligibility status, or sanction exposure is prohibited.

(l) Circumvention of Controls; Technical Restrictions; KYC/AML Bypass. The User must not attempt to bypass or defeat geographical blocks, KYC/AML verifications, eligibility requirements, antifraud controls, monitoring systems, device fingerprinting, IP/geo controls, or any technical restrictions imposed by the Provider. This includes use of VPNs, proxies, emulators, device spoofing, automation intended to circumvent controls, or any similar method.

(m) Unauthorised Automation; HFT; Mass-Order Behaviour; Platform Overload. The User must not use bots, scripts, algorithms, software, AI agents, or automated methods not expressly authorised by the Provider. Even where certain tools may be permitted under programme rules, the User must not use automation, high-frequency execution, mass-order behaviour, or mass data entry intended to manipulate platform behaviour, overload systems, interfere with monitoring, degrade performance, or create an unfair advantage.

(n) Unrealistic Trading Behaviour; Simulation Constraint Abuse; Platform Integrity. The User must not engage in trading behaviour that is inconsistent with typical market operations or that is primarily designed to exploit simulation constraints or programme calculations. Without limitation, prohibited patterns may include excessive one-sided exposure, repeated "all-in" bets, grid trading, tick scalping, unrealistic order patterns, artificial trade fragmentation, account rolling, or any comparable pattern which the Provider reasonably determines to be inconsistent with the evaluation purpose and indicative of abuse, manipulation, or circumvention.

(o) Abusive Position Sizing Anomalies. Opening positions that are conspicuously inconsistent with the User's own prior trading pattern, whether materially larger or materially smaller, may be flagged for review where indicative of rule circumvention, abuse, manipulation, or attempts to game evaluation metrics. The Provider may require additional verification, impose restrictions, or take enforcement action where such anomalies are reasonably determined to be abusive.

(p) Manipulative Practices; Artificial Conditions. Any manipulation of the evaluation environment, including attempts to trigger artificial conditions, exploit low-liquidity mechanics, force unrealistic fills (including limit order fills) in abnormal conditions, or otherwise manufacture outcomes inconsistent with a realistic trading evaluation, is prohibited.

(q) Unlawful Activities; Sanctions; Financial Crime. The User must not engage in, attempt to engage in, facilitate or benefit from money laundering, terrorist financing, violation of international sanctions, financial crimes, payment fraud, chargeback fraud, identity fraud, or any other unlawful activity in connection with the Services.

(r) Abuse of Promotions, Vouchers, Discounts and Referral Programmes. The User must not improperly exploit discounts, vouchers, campaigns, referral programmes, or any incentive mechanism in a manner incompatible with their legitimate purpose, including through multiple accounts, collusion, circumvention patterns, fabricated referrals, or other abusive conduct.

(s) Technical Interference; Security and Integrity. The User must not interfere with, disrupt, probe, scan, test, or compromise the security, stability, or integrity of the Website, Platform, or any Provider or Third Party systems, and must not introduce malware, bots, harmful code, or perform any action that could impair or degrade operations.

9.2. The Provider may consider as reasonable indications of abuse, among other factors, unusual trading patterns, coordinated activities across multiple Accounts, excessive similarity of strategies between users, use of shared devices or IP addresses, statistically anomalous results, or any technical indicators consistent with improper exploitation.

9.3. The User undertakes to cooperate in good faith with any investigations conducted by the Provider, providing information, documents, clarifications and access necessary to verify compliance.

9.4. If a violation of this Section 9, the Trading Rules or any provision of these Terms is identified, or if reasonable indications thereof exist, the Provider may, at its sole discretion and without prior notice, take one or more of the following measures:

(a) suspend, block or terminate the User's Account;

(b) reset results, targets, trading days or progress obtained;

(c) restart or cancel evaluations and phases;

(d) deny, withhold, reverse or cancel Performance Rewards;

(e) restrict access to the Website, the Platform and the Services;

(f) cancel related Orders and purchases;

(g) report suspicious activities to relevant authorities and partners;

(h) require applicable refunds, reimbursements and indemnification;

(i) impose, to the fullest extent permitted by applicable law, a contractual penalty of up to USD 25,000 for each Prohibited Conduct, including any attempt, facilitation or collusion, where the Provider reasonably determines that such amount reflects the seriousness of the breach and the need to protect the integrity, reputation and economic interests of the Services, without prejudice to additional damages, indemnification and other cumulative remedies where permitted by applicable law; and

(j) take appropriate administrative and legal action.

9.5. To the fullest extent permitted by applicable law, the Provider may withhold any amounts or benefits associated with the User while an investigation related to fraud, abuse, material breach of these Terms or the Trading Rules is ongoing.

9.6. The list of prohibited conduct above is illustrative only and does not limit the Provider's right to treat other practices incompatible with the legitimate purpose of the Services as breaches of these Terms.

9.7. Any tolerance by the Provider in relation to specific conduct shall not constitute precedent nor prevent the future application of the measures provided for in this Section 9.

9.8. The Provider shall have the final authority, acting reasonably and in good faith, to assess and determine: (a) whether the User has complied with these Terms, the Trading Rules and the applicable Policies; (b) whether any activity, result, performance, progression, metric, credit, benefit or account status is valid; and (c) whether the User is eligible for any phase migration, Funded Account Status, Performance Reward or other benefit made available under the Services. In making such determinations, the Provider may take into account, without limitation, trading records, account activity, device and access data, payment records, technical indicators, compliance findings, antifraud signals, account linkage analysis, behavioural patterns and any other information the Provider reasonably considers relevant. The User acknowledges and agrees that the Provider may, where it reasonably determines that a breach, anomaly, manipulation, abusive conduct, ineligible activity, irregular payment event or other circumstance incompatible with the legitimate purpose of the Services has occurred, invalidate results, deny progression, withhold, reduce, reverse or cancel any Performance Reward, credit or benefit, and/or take any other measure provided for in these Terms.

9.8.1. To the fullest extent permitted by applicable law, the User shall have no right to retain any Performance Reward, credit, benefit, phase migration, Funded Account Status, account advantage or other entitlement that arises, directly or indirectly, from any Prohibited Conduct, breach of these Terms, breach of the Trading Rules, irregular payment event, fraud, manipulation, invalid result, ineligible activity or any circumstance incompatible with the legitimate purpose of the Services. Any such amount, benefit or entitlement may, in the Provider's sole discretion, acting reasonably and in good faith, be denied, withheld, cancelled, reversed, recovered, set off and/or clawed back, in whole or in part, whether before or after being reflected, granted, notified, transferred or paid. No provisional credit, communication, account status, dashboard display or prior inaction by the Provider shall create any vested right or prevent the Provider from taking corrective action under these Terms. These rights apply cumulatively and independently of any other provision of these Terms, including without limitation Sections 7 and 10.

10. FUNDED STAGE AND FUNDED ACCOUNT STATUS

10.1. The User acknowledges and agrees that the Funded Stage and the Funded Account do not constitute the opening, maintenance or provision of a real trading account; do not involve custody, margin deposit, capital contribution, investment, financial intermediation, brokerage or management of the User's funds; and are entirely structured as access to a Simulated Trading environment and a conditional contractual benefit, in accordance with these Terms, the Trading Rules and the applicable Policies.

10.2. The provision of the Funded Stage may occur when, cumulatively, the User fulfils the requirements of the applicable Challenge (including targets, limits and rules); there are no indications of abuse, fraud, manipulation, exploitation of failures, material breach or technical inconsistencies; the User has completed, where required, the KYC/AML procedures and other verifications; and the Provider, following compliance review, approves the transition. The Provider may require additional information as a condition for the transition.

10.3. Access to the Funded Stage and the Funded Account constitutes a revocable contractual benefit, granted at the Provider's discretion, subject to continuous compliance with these Terms, the Trading Rules and the applicable Policies. Approval in the Challenge, or prior provision of a Funded Account, does not, by itself, create any vested right, legitimate expectation of continuation, obligation of continuity, or guarantee of future payments.

10.4. The Funded Stage shall be governed by these Terms; the Trading Rules specific to the relevant product/stage (including risk limits, strategy restrictions, trading hours, instruments, news and other parameters); and the applicable Policies (including KYC/AML, antifraud, geolocation and sanctions). In the event of conflict, the order of precedence set out in these Terms shall prevail.

10.5. The User acknowledges and agrees that the Provider may, at any time, monitor, audit and review the User's activity, performance and compliance in the Funded Stage, including through logs, metrics, pattern detection, IP/device verification, account correlation and other controls intended to preserve the integrity of the Services. The Provider may request clarifications and additional documentation and require the User's cooperation.

10.6. Without prejudice to other provisions of these Terms, the Provider may, at its sole discretion and to the fullest extent permitted by applicable law, suspend, terminate, downgrade or restrict the User's access to the Funded Stage, including cancellation of results and benefits, if it identifies, among other things, breach of Trading Rules, Terms or Policies; indications of fraud, abuse, manipulation, exploitation of failures or conduct inconsistent with good faith; irregularities in KYC/AML, sanctions or geolocation; chargeback/refund/payment dispute as set out in Section 7; material technical inconsistencies; or operational, regulatory or reputational risk.

10.7. The User acknowledges and agrees that the Funded Stage does not guarantee any Performance Reward; any Performance Reward is governed entirely by Section 12 and depends on the Provider's approval; and suspension, termination or restriction of the Funded Stage may affect eligibility, processing, withholding, denial, adjustment or reversal of Performance Rewards, in accordance with these Terms.

10.8. Where applicable, the Provider may offer products allowing direct access to the Funded Stage ("Instant Account") or variations with different parameters. In such cases, the provisions of this Section shall apply in full, as well as the specific rules of the selected product, as displayed at the time of purchase and in the applicable Trading Rules.

10.9. For the avoidance of doubt, this Section 10 operates cumulatively with Section 9 and does not limit, restrict or prejudice any rights, remedies or enforcement measures available to the Provider under these Terms.

11. COMPLIANCE CONTROLS

11.1. The User acknowledges and agrees that the Provider adopts User Due Diligence (CDD), Enhanced Due Diligence (EDD) and Know Your User (KYC) procedures, as well as controls for the prevention of money laundering, terrorist financing and fraud. For the purposes of access, Account maintenance, resets, phase migration and/or payment of Performance Rewards, the Provider may, at any time, require the submission of supporting information and documents.

11.2. The User undertakes to provide, when requested, valid, authentic and up-to-date documentation, including, without limitation:

(a) official photographic identification document issued by a competent authority (e.g., passport, or national identity card);

(b) recent proof of residence;

(c) source of funds declarations, where applicable;

(d) corporate documents and powers of representation, in the case of a legal entity; and

(e) any other documents or information reasonably required for compliance with legal and compliance obligations.

11.3. Expired, illegible, incomplete, inconsistent, altered or non-compliant documents may be rejected, and the User shall be responsible for resubmitting appropriate documentation within the indicated timeframe.

11.4. The User acknowledges that KYC/AML verifications may occur not only at the time of registration, but also periodically or at any time during the contractual relationship, particularly prior to the payment of Performance Rewards, relevant registration changes, behavioural changes or risk identification.

11.5. The User undertakes to cooperate in good faith with all verification procedures, promptly responding to requests, clarifications and additional documentation requirements. Failure to cooperate may be treated as a breach of these Terms.

11.6. Failure by the User to satisfactorily complete KYC/AML procedures, submission of false or inconsistent information, or unjustified refusal to provide requested documentation may result, at the Provider's discretion, in:

(a) suspension or blocking of the Account;

(b) invalidation, disqualification or suspension of evaluations or phases;

(c) ineligibility for or rejection of Performance Rewards;

(d) withholding of funds while verification is ongoing; and/or

(e) termination of the contractual relationship.

11.7. The Provider may refuse or discontinue its relationship with the User, without any liability, if it identifies:

(a) material risk of money laundering, terrorist financing or fraud;

(b) material inconsistencies in the information provided;

(c) inclusion of the User on sanctions or restriction lists;

(d) legal or regulatory impediment; or

(e) any circumstance that renders continuation of the Services inappropriate from a compliance perspective.

11.8. While any KYC/AML verification or investigation related to suspected irregularity is ongoing, the Provider may suspend access to the Services and withhold payments and benefits associated with the User.

11.9. The User authorises the Provider to share information and documents with Third Parties strictly necessary for the execution of verification procedures, fraud prevention and compliance with legal obligations, subject to the provisions of the Privacy Policy.

11.10. The User expressly consents to the Provider, its affiliates and duly appointed service providers carrying out compliance screening and background checks at onboarding and, where reasonably required, at any time during the contractual relationship for the purposes of regulatory compliance, fraud prevention, risk management and the protection of the Provider and its partners. Such checks may include identity verification, screening against sanctions and watchlists (including PEP screening), adverse media searches, verification of regulatory history, assessment of payment integrity and chargeback risk and, where lawful and appropriate, criminal background checks.

11.10.1. To the extent permitted by applicable law, the Provider shall not be obliged to disclose specific data sources, screening methodologies, internal risk criteria or underlying findings where such disclosure could compromise security measures, fraud prevention processes, compliance obligations or legitimate interests. Any personal data processed in connection with such screening shall be handled in accordance with the Privacy Policy and applicable data protection laws.

12. PERFORMANCE REWARDS

12.1. The User acknowledges and agrees that any Performance Reward that may be made available by the Provider does not constitute profit obtained in the real market, investment income, financial remuneration, commission, salary or equity participation; corresponds exclusively to a conditional contractual benefit granted by the Provider based on the User's performance in a Simulated Trading environment; and may only be paid if and when all requirements set out in these Terms, the Trading Rules and the applicable Policies are fully satisfied.

12.2. The mere achievement of numerical targets, performance parameters or positive results in Simulated Trading does not, in itself, create an automatic entitlement to any Performance Reward. Eligibility shall depend cumulatively on full and continuous compliance with all Trading Rules; compliance with these Terms and the applicable Policies; satisfactory completion of KYC/AML procedures and other required verifications; absence of indications of abuse, fraud, manipulation or material breach; and final approval by the Provider following compliance review.

12.3. Where applicable, the User must request the Performance Reward through the channels and procedures indicated on the Platform. The Provider may require additional information, documents and confirmations as a condition for payment processing.

12.4. Performance Rewards, when approved, shall be processed within the operational timeframes communicated by the Provider and may be paid through Payment Processors or other available methods. The User acknowledges that timeframes may be affected by compliance verifications, PSP requirements, banking holidays or factors beyond the Provider's control.

12.5. The Provider may, at any time and prior to actual payment, review, adjust, withhold, deny or reverse Performance Rewards if it identifies, among other things:

(a) breach of the Trading Rules;

(b) breach of these Terms or the Policies;

(c) technical or operational inconsistencies;

(d) indications of fraud, abuse, manipulation or exploitation of failures;

(e) irregularities in KYC/AML procedures; or

(f) material error in the calculation or determination of performance.
Such measures may be taken to the fullest extent permitted by applicable law.

12.6. The Provider may set off Performance Reward amounts against any sums owed by the User to the Provider, including outstanding fees, operational costs, refunds, chargebacks, penalties or damages arising from contractual breaches.

12.7. The User acknowledges that the payment of Performance Rewards may depend on procedures and rules of Third Parties (including Payment Processors), and that restrictions or refusals by such Third Parties may affect payment timeframes, methods or availability, without constituting a breach by the Provider.

12.8. Any taxes, duties, contributions, withholdings or charges that may apply to Performance Rewards shall be the sole responsibility of the User, who must comply with all applicable tax and regulatory obligations in their jurisdiction. The Provider does not provide tax advice and assumes no responsibility for the User's tax declarations or payments.

12.9. Previous payment of Performance Rewards to the User does not create any expectation, vested right or obligation on the part of the Provider to make future payments.

13. INTELLECTUAL PROPERTY AND LICENSE

13.1. All content, infrastructure, technology, systems, functionalities and materials made available on the Website and in the Services, including, without limitation, trademarks, logos, trade names, trade dress, texts, graphics, interfaces, layouts, data compilations, design, software, source and object codes, scripts, databases, rankings, metrics, parameters, Trading Rules, educational content, reports, dashboards, APIs, logs, algorithms, models, improvements, updates and any derivative works (collectively, "Materials"), are and shall remain the exclusive property of the Provider and/or its licensors, and are protected by intellectual property laws, unfair competition laws, trade secret laws and other applicable regulations.

13.2. Subject to full compliance with these Terms, the Provider grants the User a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Services and Materials exclusively:

(a) for legitimate purposes related to the product duly acquired;

(b) during the contractual term; and

(c) in strict compliance with these Terms, the Policies and the applicable Trading Rules.

No other right, title or interest in or to the Materials is granted or transferred to the User.

13.3. The User is expressly prohibited, directly or indirectly, in whole or in part, without the Provider's prior written authorisation, from:

(a) copying, reproducing, modifying, translating, adapting, creating derivative works, distributing, publishing, transmitting, making available to the public, selling, licensing, assigning, renting, leasing or commercially exploiting any Materials;

(b) performing reverse engineering, decompiling, disassembling, attempting to discover source code, circumventing technological protection measures, or interfering with the operation of the Website or the Services;

(c) engaging in scraping, crawling, harvesting, data mining or using robots, scripts or automated systems to access the Website/Services, extract data, circumvent rules, test limits, exploit latencies or manipulate evaluations — except for the use of automation (EAs/algorithms) only when expressly permitted by the Trading Rules and within the authorised platform;

(d) removing or altering copyright notices, trademarks, licensing notices or any indications of ownership;

(e) using the Materials to develop, train, feed or improve competing products, services or models, including artificial intelligence systems, machine learning systems or public comparative analyses ("benchmarking"), without the Provider's express consent;

(f) using FundedNext trademarks or confusingly similar distinctive signs in domains, subdomains, social profiles, advertisements, keywords, promotional materials or unauthorised public communications;

(g) using the Website or the Services for unlawful purposes, to violate third-party rights, circumvent technical controls, or bypass eligibility requirements, KYC/AML or geographic restrictions.

13.4. The User acknowledges that certain software and platforms used in connection with the Services are owned by third parties and are subject to their own terms and licences. The Provider does not transfer to the User any rights in such technologies, and the User is fully responsible for complying with the terms of use, licences and applicable technical/regulatory restrictions of such providers.

13.5. Any suggestions, ideas, comments, improvements or feedback provided by the User to the Provider ("Feedback") may be freely and unrestrictedly used, reproduced, modified and incorporated by the Provider, without any obligation of compensation and without any duty of confidentiality, unless applicable law requires otherwise.

13.6. The Provider may monitor the use of the Website and the Services for purposes of security, integrity, fraud prevention and compliance with these Terms. In the event of a breach of this Section 13, the Provider may, without prejudice to other rights:

(a) suspend or terminate the Account;

(b) restrict access to the Services;

(c) cancel associated results and benefits; and

(d) adopt appropriate technical, administrative and judicial measures to protect its rights.

13.7. All rights not expressly granted to the User under these Terms remain fully reserved to the Provider and/or its licensors.

14. USER CONTENT, FEEDBACK AND AUTHORISATIONS

14.1. If the User publishes, sends, transmits, uploads or otherwise makes available through the Website, the Platform or the Services any comments, messages, reviews, suggestions, feedback, images, texts, files or other materials ("User Content"), the User represents and warrants that:

(a) the User possesses all rights, authorisations and licences necessary to make such content available;

(b) the User Content does not infringe third-party rights, applicable laws or these Terms; and

(c) the User is fully responsible for the content submitted.

14.2. By making User Content available, the User grants the Provider a worldwide, royalty-free, irrevocable, non-exclusive, transferable, sublicensable and perpetual licence to use, reproduce, store, modify, adapt, translate, distribute, publish, display and exploit such content for operational, technical, service improvement, analysis, internal training, communication, marketing and any other legitimate purposes related to the Provider's activities, subject to the provisions of the Privacy Policy.

14.3. The User acknowledges that the Provider shall have no obligation to provide compensation, remuneration or attribution as a result of the use of User Content, except where required by applicable law.

14.4. The Provider may, at its sole discretion and without prior notice, moderate, edit, restrict, conceal or remove any User Content that:

(a) violates these Terms or the applicable Policies;

(b) infringes third-party rights;

(c) contains illegal, offensive, defamatory, abusive or inappropriate material; or

(d) is deemed incompatible with the internal standards, security or integrity of the Services.

14.5. The User acknowledges that the Provider has no obligation to pre-monitor User Content, nor to review or approve submitted materials, without prejudice to its right to do so at any time.

14.6. The User is solely and exclusively responsible for any User Content made available, as well as for any legal consequences arising from its publication, holding the Provider harmless from any and all liability in this respect.

14.7. The processing of the User's personal data by the Provider shall be carried out in accordance with the applicable Privacy Policy, which is incorporated into these Terms by reference. The User declares that they have read and understood the Privacy Policy and agrees to the processing of their data as described therein.

14.8. The User may only use the Provider's trademarks, logos, trade names or materials in public communications, testimonials or publications with the Provider's prior written authorisation.

15. THIRD PARTIES, PLATFORMS, LINKS AND OPERATIONAL LIMITATIONS

15.1. The User acknowledges and agrees that the Services depend, in whole or in part, on systems, platforms, networks, software and third-party service providers, including, without limitation, technology providers, servers, cloud hosting, data and quotation providers, trading platforms, monitoring tools, antifraud systems, KYC/AML verification services, gateways and Payment Processors (PSPs), banking networks and other related suppliers. The User accepts that the performance and availability of the Services may be impacted by such Third Parties, including when such entities are affiliated with the Provider, as indicated in Section 2.

15.2. Where applicable, access to and use of third-party platforms are subject to:

(a) the technical and operational availability of the respective provider;

(b) licensing terms, policies and restrictions imposed by the third party; and

(c) regulatory, technical or commercial limitations based on locality, IP address, jurisdiction or type of user.

The User acknowledges that certain offers, functionalities or integrations may be wholly or partially unavailable due to restrictions imposed by such Third Parties, without this constituting a breach by the Provider.

15.3. The Services are provided "as is" and subject to availability. The Provider does not guarantee continuous, uninterrupted or error-free access; minimum latency, absolute accuracy of data feeds, perfect synchronisation of simulated operations or permanent server stability; uninterrupted operation of platforms, integrations or APIs. The User accepts that scheduled maintenance, technical incidents, network failures, cyberattacks, Third Party unavailability, congestion or force majeure events may occur and temporarily affect the use of the Services.

15.4. The Website may contain links to third-party websites, applications or resources provided for convenience. Such links do not imply endorsement, guarantee or responsibility by the Provider. Access to such resources is at the User's sole risk.

15.5. The User acknowledges that:

(a) payments, refunds and transfers depend on Payment Processors, financial institutions and banking networks;

(b) such Third Parties may impose deadlines, additional verifications, blocks or refusals for risk and compliance reasons; and

(c) the initiation of chargebacks, disputes or payment claims may result in immediate suspension of the Account, internal investigation and enforcement measures, in accordance with these Terms.

15.6. The Provider may be required to modify, replace or discontinue platforms, integrations, payment methods, functionalities or operational conditions due to unilateral changes made by Third Parties, regulatory requirements or technical restrictions. Such changes shall not create an automatic right to indemnification, refund or compensation for the User, except where mandatory laws provide otherwise.

15.7. To the maximum extent permitted by applicable law, the Provider shall not be liable for acts, omissions, failures, delays, unavailability, interruptions, errors, breaches or decisions of Third Parties.

15.8. The Provider shall not be liable for any delay or failure in the provision of the Services resulting from events beyond its reasonable control, including, without limitation, power, internet or telecommunications failures, natural disasters, pandemics, governmental acts, wars, strikes, cyberattacks, supplier failures or any other force majeure event.

16. USER DECLARATIONS

16.1. The User declares and acknowledges that they use the Website and the Services of their own free will, at their own risk, and under their sole responsibility, understanding that the Services consist of a technological solution and evaluation/training programmes in Simulated Trading; any results, metrics, rankings, scores and performance are calculated and presented in an environment subject to the Provider's own parameters and Trading Rules; and such results may be influenced by technical and operational factors and by the conditions of the simulated environment, and do not constitute an absolute measure or guarantee of performance capability in the real market.

16.2. The User declares that they have independently assessed the suitability of the Services for their profile, experience and objectives, and acknowledges that the Provider does not provide financial advice, investment recommendations or personalised advisory services, and is not responsible for decisions taken by the User based on any content, informational materials or functionality made available on the Website/Platform.

16.3. The User acknowledges that access to and use of the Services may be subject to legal, regulatory, tax and/or compliance restrictions in their jurisdiction, and declares that they are solely responsible for verifying whether the use of the Services is permitted in the place where they are located or reside; obtaining authorisations, licences or registrations that may be required by local law; and complying with legal and tax obligations arising from their use of the Services. To the maximum extent permitted by applicable law, the Provider shall not be responsible for any consequences arising from the User's use of the Services in breach of local rules, including where such use results in sanctions, fines, restrictions or impediments in the User's jurisdiction.

16.4. The User declares that they are not in a Restricted Jurisdiction and that they will not use any means to circumvent geographical restrictions, eligibility checks or KYC/AML controls, acknowledging that any breach may lead to the measures provided for in these Terms, including suspension/termination of the Account and ineligibility for Performance Rewards.

16.5. The User acknowledges that the Provider's evaluation methodology, Trading Rules, parameters, risk controls, monitoring tools, scoring and ranking logic, pass/fail criteria, account reviews, audit findings, enforcement actions, and any related communications (including emails, notices, support tickets, internal remarks, warnings, breach reports, and decisions on eligibility, suspension, termination and/or Performance Rewards) may constitute confidential information and/or trade secrets of the Provider (the "Confidential Information"). The User shall keep the Confidential Information strictly confidential and shall not, directly or indirectly, publish, disclose, distribute, reproduce, paraphrase, summarise, screenshot, record, stream, or otherwise make available any Confidential Information to any third party or on any public channel (including social media, forums, review sites, messaging apps, X, Facebook, Tiktok, Instagram, Discord/Telegram servers, and similar platforms), except (i) to the User's legal advisers on a strict need-to-know basis and under confidentiality, or (ii) where disclosure is required by applicable law or a competent authority, provided that (to the extent legally permitted) the User gives the Provider prompt prior written notice and reasonably cooperates to seek protective measures. Any breach of this Clause constitutes a material breach and may result in immediate suspension/termination of the Account and/or ineligibility for Performance Rewards, without prejudice to any other rights or remedies available to the Provider.

16.5.1. The obligations under this Clause 16.5 shall survive termination, expiry, or any suspension of these Terms and/or the Account and shall remain in full force and effect thereafter for as long as the Confidential Information remains confidential, subject to applicable law.

17. DISCLAIMERS

17.1. To the maximum extent permitted by applicable law, the Website, the Platform and the Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. The Provider does not guarantee that the Services shall be uninterrupted, error-free, secure, accurate, complete or free from technical failures, vulnerabilities, delays, omissions or Third-Party failures.

17.2. The Provider does not guarantee that the User shall pass any evaluation stage; obtain or maintain Funded Account status; achieve specific performance; or receive Performance Rewards. Progression in Challenges, maintenance in the Funded Stage and any Performance Rewards are conditional and subject to full compliance with these Terms, the Trading Rules, verification procedures and internal compliance checks.

17.3. The User acknowledges that the simulated environment may include synthetic feeds, simulated conditions and operational parameters that differ from real market conditions, including in respect of liquidity, spreads, latency, slippage and order execution. The Provider does not warrant that the simulated environment shall accurately replicate real market conditions.

17.4. The Provider shall not be liable for failures, interruptions, delays, blocks, restrictions, refusals or technical issues arising from Third Parties, including, without limitation, trading platforms, data providers, technology providers, hosting providers, Payment Processors, banking institutions, KYC/AML verification providers and network providers.

17.5. The Provider shall not be liable for failures arising from events beyond its reasonable control, including, without limitation, internet failures, connectivity failures, hardware failures, software failures, power outages, cyberattacks, force majeure events, governmental acts, strikes, natural disasters or other technical or operational disruptions.

17.6. Informational content. Any informational materials, content, metrics, rankings, charts, indicators or information made available by the Provider are provided for informational and/or educational purposes only and do not constitute financial advice, investment recommendation or guarantee of performance.

18. LIMITATION OF LIABILITY

18.1. The Provider, its affiliates, directors, employees, partners, licensors and service providers shall not be liable, under any legal basis (contractual, tort, strict liability, negligence, warranty or any other theory), for any indirect, incidental, special, punitive, exemplary or consequential damages, including, without limitation, loss of profits; loss of opportunity; loss of revenue, earnings or economic advantages; loss or corruption of data; reputational damage; replacement costs; losses arising from volatility, market variation or trading decisions; or any losses that do not constitute direct and provable damage, even if the Provider has been previously advised of the possibility of such damages.

18.2. Without prejudice to the foregoing, the Provider shall not be liable for any losses, damages or harm arising, directly or indirectly, from:

(a) use, misuse, or inability to use the Website and/or the Services;

(b) technical failures, latency, connection instability, interruptions, unavailability, scheduled or emergency maintenance, cyber attacks, bugs, software errors, feed discrepancies, gaps, requotes, rejections, slippage, pricing differences or any operational limitations inherent to the simulated environment;

(c) acts, omissions, failures or decisions of Third Parties, including platform providers, data providers, infrastructure providers, KYC/AML providers, anti-fraud providers and Payment Processors;

(d) decisions of the User based on any information, content or functionality made available on the Website/Services;

(e) application of enforcement measures, automatic blocks, invalidations, restrictions, corrections or adjustments arising from breach of these Terms, the Trading Rules, the Programme Parameters, compliance policies or legal requirements;

(f) changes, suspension, discontinuation or unavailability of products, functionalities, integrations or third-party platforms;

(g) force majeure events; and

(h) any circumstances beyond the reasonable control of the Provider.

18.3. The User expressly acknowledges that the Services are predominantly simulated and evaluative in nature, and that any results, metrics, executions and data displayed do not correspond to operations in the real market. Accordingly, the User agrees that the Provider assumes no responsibility for differences between simulated results and results that could be obtained in a real environment.

18.4. Without prejudice to the exclusions and limitations set forth in these Terms, and to the maximum extent permitted by applicable law, the total and aggregate liability of the Provider for any proven direct damages arising from the same claim or from a set of related claims shall be limited to the amount effectively paid by the User to the Provider for the specific Service that gave rise to the claim.

18.5. The limit set forth in Clause 18.4 shall apply per event or per set of related events, regardless of the number of claims submitted by the User, constituting the maximum global cap of the Provider's liability in relation to such event or set of events.

18.6. Nothing in this Section 18 is intended to exclude or limit liabilities that, by virtue of mandatory applicable law, cannot be excluded or limited.

18.7. The User acknowledges that the limitations and exclusions set forth in this Section 18 constitute an essential part of the economic balance and contractual basis of these Terms, and that the Provider would not make the Services available without such limitations.

18.8. The User agrees that any claim, demand, action, arbitration or proceeding arising out of or relating to these Terms, the Website, the Services, any Account, evaluation, Funded Stage and/or Performance Reward must be initiated within a maximum period of six (6) months from the date on which the triggering event occurred. After such period, the claim shall be deemed definitively waived and time-barred, to the maximum extent permitted.

18.9. The User agrees that any dispute, claim, demand, arbitration or proceeding arising out of or relating to these Terms, the Website, the Services, any Account, evaluation, Funded Stage and/or Performance Reward shall be conducted exclusively on an individual basis, and not as a plaintiff or member of any class action, collective proceeding, representative proceeding, public interest action, consolidation of actions, or any other mechanism in which a party acts on behalf of a group, class or collective.

18.9.1. The User expressly waives any right to: (a) initiate or participate in a class action; (b) act as a class representative; (c) seek or obtain relief on a collective basis; or (d) consolidate their claim with that of third parties, unless the Provider expressly agrees in writing to such consolidation.

18.9.2. If any part of this Clause 18.9 is deemed invalid, unenforceable or limited by mandatory applicable law, such invalidity or limitation shall affect only the specific portion deemed invalid/limited, and the remaining provisions shall remain in full force and effect to the maximum extent permitted. In the event that the waiver of class actions is deemed unenforceable for a particular type of claim, the parties agree that such specific claim shall be conducted in the manner required by applicable law, without prejudice to the maintenance of arbitration and the other limitations set forth in these Terms, where valid.

19. INDEMNIFICATION

19.1. The User agrees to indemnify, defend and hold harmless the Provider, its affiliates, parent companies, related entities, successors and assigns, as well as their respective officers, directors, employees, representatives, agents, contractors, licensors and partners (collectively, the "Indemnified Parties"), against any and all claims, demands, actions, investigations, enforcement actions, losses, damages, liabilities, judgments, settlements, fines, penalties, costs and expenses (including legal fees and reasonable defence costs) arising out of or relating, directly or indirectly, to:

(a) any breach by the User of these Terms, Policies, Trading Rules, Programme Parameters and/or lawful instructions of the Provider;

(b) improper, abusive, irregular or unauthorised use of the Website/Platform/Services, including attempts to circumvent technical, geographical, KYC/AML or programme integrity controls;

(c) any alleged breach of applicable laws and regulations, including sanctions rules and export restrictions, anti-fraud regulations and/or the User's tax obligations;

(d) breach, misappropriation or infringement of third-party rights (including intellectual property, privacy, image rights, data, contracts and legal duties);

(e) fraud, wilful misconduct, false statements, provision of inaccurate information, use of third-party documents or identities, or attempts to conceal location/identity;

(f) chargebacks, disputes, reversals and/or improper payment disputes, as well as unauthorised use of payment methods, "friendly fraud", or breach of Payment Processor policies; and

(g) any acts or omissions of the User that cause, or may reasonably cause, losses, investigation costs, reputational damage or operational disruptions to the Provider or essential Third Parties (including platform providers, PSPs, KYC/AML and anti-fraud providers).

19.2. The Provider shall, whenever reasonably possible, notify the User of the claim subject to indemnification. Failure to provide immediate notice shall not relieve the indemnification obligation. The Provider may, at its discretion: (a) conduct the defence directly; or (b) allow the User to conduct the defence, provided that such defence is conducted by lawyers acceptable to the Provider and without conflict of interest. In any case, the User shall fully cooperate and provide requested documents/information.

19.3. The User shall not enter into any settlement, acknowledge liability, accept any obligation, or assume any commitment that imposes any duty, restriction, payment or admission upon the Indemnified Parties without the Provider's prior and express written consent.

19.4. To the maximum extent permitted, the Provider may set off any amounts owed by the User under this Clause 19 against any amounts that would otherwise be payable to the User, including Performance Reward. If any Performance Reward has been paid and is subsequently identified as improper due to events covered by this Section 19 (including fraud, chargeback, unauthorised use or material breach), the User shall fully reimburse such amounts upon request ("clawback"), without prejudice to additional collection costs and legal measures.

20. TERM, SUSPENSION, TERMINATION AND EFFECTS

20.1. These Terms shall enter into force on the date of acceptance by the User and shall remain in effect for as long as the User maintains an active Account, accesses or uses the Website/Platform/Services, or possesses any active, pending or under verification product, Account, evaluation or benefit under these Terms.

20.2. The Provider may, at any time, suspend, limit, restrict, place under review, or terminate the User's access to the Services, in whole or in part, with or without prior notice, where there is:

(a) breach of these Terms, Policies, Trading Rules or Programme Parameters;

(b) reasonable suspicion of fraud, abuse, manipulation of evaluation, attempts to circumvent technical or geographical limitations (including VPN/proxy/VPS), KYC/AML or anti-fraud controls;

(c) improper or unauthorised use of payment methods, chargeback, banking dispute, or chargeback risk;

(d) material discrepancies in the User's information, failure to verify identity, residence/location or ownership of the payment method;

(e) exploitation of technical failures, latency, feed inconsistencies, prohibited automation, prohibited arbitrage or any Prohibited Conduct;

(f) legal or regulatory requirement, order of a competent authority, or requirement of essential third parties (including payment processors, KYC/AML providers, anti-fraud providers and platform providers); or

(g) any circumstance that, in the Provider's reasonable discretion, represents a material compliance, reputational, operational, technical or financial risk to the Provider, to the integrity of the programme, or to essential third parties.

20.3. The User acknowledges and agrees that, in the circumstances above, the Provider may:

(a) submit the User's Account and/or results to review and audit;

(b) request additional documents and information;

(c) withhold any Performance Reward, benefit, migration to Funded Stage, reset, extension or any related processing, until the investigation is concluded; and

(d) invalidate operations, remove results and recalculate metrics where necessary to preserve programme integrity and compliance with applicable rules.

20.4. In the event of suspension/termination arising from breach of these Terms or Prohibited Conduct, the User may:

(a) immediately lose access to the Website/Services and the Account;

(b) have operations and/or results disregarded, removed or recalculated;

(c) lose eligibility for Funded Stage, Performance Reward, benefits, discounts, resets, extensions and any conditional amounts or advantages.

20.5. The User may terminate their Account at any time through the functionalities made available by the Provider or by submitting a request to support. Termination shall not eliminate outstanding obligations, nor create any right to refund or Performance Reward payment, unless expressly provided in an applicable specific policy or mandatory law.

20.6. The exercise, or failure to exercise, any right of the Provider under this Section 20 shall not constitute a waiver. The Provider may adopt cumulative and progressive measures, including partial suspension, automatic blocks, functional restrictions and permanent termination.

20.7. All provisions which, by their nature or purpose, should survive shall remain in full force and effect following any suspension, termination or rescission, including, without limitation, intellectual property, licence and usage restrictions, confidentiality, data and privacy, disclaimers, limitation of liability, maximum claim periods (time-bar), class action waiver, indemnification, set-off, clawback, applicable law, arbitration and dispute resolution.

21. COMMUNICATIONS, NOTICES AND CONSENTS

21.1. The User expressly consents to receive all communications, notices, notifications, confirmations, operational alerts, compliance messages, verification requests, contractual updates, Account information, Performance Reward information, investigation-related communications, support messages and any other communications relating to the Services by electronic means, including, without limitation, the registered e-mail address, user dashboard, in-Platform messages, Website notifications, applications, SMS (where applicable) and other reasonable means designated by the Provider.

21.2. The User acknowledges and agrees that all electronic communications sent by the Provider shall have the same legal effect as communications made in written physical form, and shall be deemed valid, effective and sufficient for all contractual and legal purposes.

21.3. Unless unequivocally proven otherwise, any communication sent to the User's registered e-mail address, or made available in their dashboard on the Platform, shall be deemed duly received:

(a) at the time of sending, when sent by e-mail; or

(b) at the time of availability, when published on the dashboard/Platform.

21.4. It is the sole responsibility of the User to:

(a) maintain accurate and up-to-date contact details, especially e-mail address and telephone number;

(b) regularly check their inbox, spam/junk folder and Platform dashboard; and

(c) ensure that the Provider's communications are not blocked by filters or security settings.

The Provider shall not be liable for any losses arising from outdated contact details, e-mail filters, failures of the User's service provider, or negligence in monitoring communications.

21.5. Communications may be conducted in the standard language adopted by the Provider (currently English), and courtesy translations may be provided. In the event of any discrepancy, the language defined in the applicable Terms shall prevail.

21.6. Electronic records maintained by the Provider and/or its authorised Third Parties (including, without limitation, transmission logs, access records, click-wrap/consent records, device/IP timestamps, Order records, payment authorisation/confirmation records, dashboard messages and communication histories) shall constitute valid and sufficient evidence of: (a) the User's acceptance of these Terms and the applicable Policies; (b) the formation, content and confirmation of any Order; and (c) the sending, receipt and content of communications between the Parties, to the maximum extent permitted by applicable law.

22. AMENDMENTS TO THESE TERMS

22.1. The Provider may, at any time and at its reasonable discretion, modify, update, supplement or replace these Terms, Policies, Trading Rules, Programme Parameters and other contractual documents, for technical, operational, commercial, security, programme integrity, regulatory compliance reasons, requirements of essential third parties (including platform providers and PSPs), or to comply with applicable law.

22.2. Whenever reasonably practicable, the Provider shall notify the User of material amendments by appropriate electronic means, including, without limitation: (a) publication of the updated version on the Website/Platform; (b) notification to the registered e-mail address; and/or (c) notice in the user dashboard. The most recent version of these Terms shall be the version made available on the Website/Platform and shall indicate its effective date.

22.3. The User acknowledges that it is their responsibility to periodically review these Terms and the Provider's communications in order to remain informed of any applicable amendments.

22.4. Unless mandatory applicable law requires a different form of consent, continued use of the Website and/or Services after the effective date of the amendments shall constitute full and binding acceptance of the updated version of these Terms.

22.5. If the User does not agree with the implemented amendments, they must immediately cease using the Services and may request termination of their Account. Termination alone shall not create any automatic right to refund, compensation or Performance Reward payment, unless expressly provided in an applicable specific policy or required by mandatory law.

22.6. The User acknowledges that certain amendments may take immediate effect without prior notice where necessary to comply with legal requirements, orders of competent authorities, compliance requirements, protection of programme integrity, or prevention of fraud and operational risks.

22.7. In the event of any conflict between versions of these Terms, the most recent version published by the Provider shall prevail, except for provisions that cannot be modified to the detriment of the User by virtue of mandatory legal provisions.

23. ASSIGNMENT AND SUBCONTRACTING

23.1. The User may not assign, transfer, delegate, sublicense, share, encumber or otherwise dispose of these Terms, their Account, their rights or their obligations, in whole or in part, to any third party, without the Provider's prior, express and written consent. Any attempt to assign or transfer in breach of this clause shall be deemed null and void and may result in immediate suspension or termination of the Account.

23.2. The Account and the rights arising therefrom are personal and non-transferable, and are intended exclusively for the registered User. It is prohibited to allow third parties to operate, manage or use the Account on behalf of the User.

23.3. The Provider may, at any time and without requiring the User's consent:

(a) assign or transfer these Terms, in whole or in part, to any affiliate, parent company, related entity, successor, asset acquirer or entity resulting from corporate reorganisation; and/or

(b) subcontract, outsource or delegate the performance of activities and obligations related to the Services to affiliates or qualified third parties, including platform providers, technology providers, compliance providers, KYC/AML providers, anti-fraud providers, infrastructure providers and payment processing providers.

23.4. Any assignment or subcontracting carried out by the Provider shall not prejudice the User's rights under these Terms, and the Provider shall remain responsible for contractual governance and for the performance of its essential obligations towards the User, to the applicable extent.

23.5. For the purposes of this Clause, any corporate change of the Provider, including merger, incorporation, demerger, asset sale or change of direct or indirect control, shall not be deemed a prohibited assignment.

23.6. The User acknowledges and agrees that the relationship established between the Parties under these Terms is strictly contractual and independent in nature, and shall not, under any circumstances, constitute a partnership, joint venture, franchise, agency, commercial representation, mandate, association, employment relationship, provision of professional services, fiduciary relationship, or any other form of relationship implying duties beyond those expressly provided in these Terms.

23.7. The User has no authority to act on behalf of the Provider, assume obligations, enter into contracts, make representations, issue public communications, represent interests or bind the Provider before third parties, authorities or any entity, except with the Provider's prior and express written authorisation.

23.8. The User undertakes not to present themselves as a representative, agent, partner, account manager, authorised consultant or intermediary of the Provider, nor to use trademarks, trade names or any element that may mislead third parties as to the existence of a representative relationship.

23.9. All activities, operations and decisions of the User within the scope of the Services are carried out at the User's sole risk and responsibility, and the Provider shall have no duty of supervision, guidance, management or advisory.

23.10. Nothing in these Terms shall be construed as creating any fiduciary duty, special duty of trust, enhanced duty of care, or manager/administrator liability on the part of the Provider in relation to the User.

24. NON-DISPARAGEMENT AND REPUTATIONAL PROTECTION

24.1. The User undertakes not to engage, directly or indirectly, in any acts of defamation, discrediting, disparagement, reputational attack or negative propaganda against the Provider, its Affiliates, its officers, employees, partners, service providers or suppliers (including, without limitation, Payment Processors, technology providers and liquidity providers), by any means, including social media, forums, online communities, messaging applications, review platforms, support tickets, e-mails, websites, media or communications to third parties ("Prohibited Statements").

24.2. For the purposes of this clause, Prohibited Statements shall include, without limitation: (a) false or misleading allegations; (b) accusations of fraud, scam, "does not pay", "theft", "manipulation" or similar terms without verifiable factual basis; (c) dissemination of content out of context with the intent to cause reputational harm; (d) incitement to "mass reports", "review bombing", coordinated campaigns or harassment of employees; (e) contacting or communicating with Third Parties (including PSPs and social media platforms) with the predominant purpose of harming, exerting improper pressure, disrupting operations, causing blocks/bans or degrading the commercial reputation of the Provider.

24.3. Upon verification, or reasonable indication of the occurrence of Prohibited Statements, the Provider may require the User, at any time: (a) immediate removal of the content; (b) cessation of further publications/replications; (c) public retraction in reasonable terms defined by the Provider; and/or (d) adoption of mitigation measures (including takedown requests to platforms), within a maximum period of 24 (twenty-four) hours from receipt of notification.

24.4. The Parties acknowledge that any breach of this Section 24 may cause significant reputational, operational and commercial harm to the Provider, the extent of which may be difficult to quantify in advance. Accordingly, the User agrees that, in the event of such breach, the Provider shall be entitled, to the fullest extent permitted by applicable law, to:

(a) impose a contractual penalty determined in a reasonable and proportionate manner, taking into account the nature, severity and duration of the breach, as well as the actual or potential harm caused; and

(b) recover any additional losses, damages, costs and expenses incurred, including legal fees, enforcement costs and any third-party liabilities.

Such contractual penalty is agreed as a genuine pre-estimate of loss and shall be without prejudice to any other rights or remedies available under these Terms or applicable law.

24.5. Breach of this Section shall constitute a material breach of these Terms, entitling the Provider, at its sole discretion and without prejudice to other rights, to: (a) suspend or terminate the User's Account; (b) cancel results, benefits and access; (c) withhold, deny, adjust or reverse Performance Rewards; and (d) refuse new purchases, resets or upgrades.

24.6. The User acknowledges that any breach of this clause may cause the Provider irreparable harm and/or harm that may be difficult to quantify or remedy. Accordingly, in addition to any damages, the Provider shall be entitled to seek and obtain specific performance, urgent interim relief and/or injunctive or other equitable measures (including removal/cessation orders), including (where permitted) from any competent court prior to the constitution of any arbitral tribunal, without the need to prove actual damages or immediate financial loss. To the extent permitted by applicable law and/or the powers of any competent court or arbitral tribunal, the User shall reimburse and indemnify the Provider for all reasonable costs, charges and expenses actually incurred by the Provider in connection with (i) enforcing this clause and/or any related takedown or cease-and-desist measures, and/or (ii) mitigating any resulting harm, including reasonable legal and professional fees, court/arbitration fees, expert fees, investigation and evidence-preservation costs, and platform/intermediary takedown and escalation costs.

24.7. The obligations set forth in this Section shall survive termination of the Account and/or termination of these Terms for an indefinite period, to the extent necessary to protect rights and remedy damages.

25. TECHNICAL ISSUES, DEFECTIVE PERFORMANCE AND COMPLAINTS

25.1. If the User becomes aware of any bug, outage, data discrepancy, execution delay, platform malfunction, or other technical incident that may affect the Services (each, a "Service Incident"), the User must notify the Provider without undue delay through the reporting channels indicated on the Website. The report must be made in writing, identify the relevant user account, and describe the incident in sufficient detail for us to assess it (including, where possible, the date and time of occurrence and any supporting screenshots/logs).

25.2. Once you have observed a Service Incident, any decision to continue placing or managing simulated trades before receiving confirmation from our team is taken at your own risk. You agree that you may be held responsible for the results of such simulated trades, including where the outcome may have been influenced by the Service Incident you observed or reported.

25.3. The User understands and accepts that the Provider may use automated systems and tools incorporating artificial intelligence to support the operation, monitoring, and technical support of the Services.

25.4. Where the Services are not delivered as agreed or do not meet the agreed specifications, the User may assert rights arising from defective performance. In that case, the remedies are limited to requesting either (i) that the Provider rectifies the defect, or (ii) that the Provider grants a reasonable price reduction. If rectification is not possible, the User may withdraw from these Terms or request a reasonable price reduction.

25.5. Any complaint or suggestion may be submitted by email. We will acknowledge receipt and seek to conclude our review as soon as reasonably practicable, and in any event within thirty (30) calendar days from receipt, with the outcome confirmed to you in writing.

25.6. If we do not address a complaint within the timeframe above and you are a Consumer resident in the European Union, you may withdraw from the relevant agreement or request a reasonable price reduction.

25.7. We may suspend access to the Services and refuse future provision of Services where, acting reasonably, we consider that a complaint regarding fees is unfounded, or where you initiate a payment dispute with your bank or payment service provider (including chargeback or reversal processes) seeking cancellation or refund of any fee, in whole or in part.

26. ENTIRE AGREEMENT

26.1. If any provision of these Terms (or any part thereof) is held to be invalid, illegal or unenforceable by a competent authority, such provision shall be enforced to the maximum extent permitted, by means of restriction, reduction or reformulation (blue-pencilling/reformation) strictly necessary to render it valid and enforceable, preserving, to the greatest extent possible, the commercial intent and economic effect originally intended by the parties. If it is not possible to render it valid and enforceable, the provision (or the invalid part thereof) shall be deemed severed and removed, and all remaining provisions of these Terms shall remain in full force and effect.

26.2. These Terms, together with the Policies, Trading Rules, Programme Parameters, Annexes and other documents expressly incorporated by reference, constitute the entire, final and exclusive agreement between the parties in relation to their subject matter, superseding any prior understandings, negotiations, communications, representations or agreements, whether oral or written. In the event of any conflict or inconsistency between (i) these Terms (main text) and (ii) any Policies, Rules, Annexes, FAQs, informational materials or communications, the main text of these Terms shall prevail, unless the conflicting document expressly states that it prevails over a specific provision of these Terms.

26.3. Any failure, tolerance or delay by the Provider in exercising any right, prerogative or remedy provided under these Terms shall not constitute a waiver, novation, precedent, contractual amendment or bar to future exercise. Any waiver shall only be valid if expressly made in writing by the Provider and shall be limited to the specific case for which it was granted.

26.4. Headings and subheadings are used for convenience and reference only and shall not affect the interpretation of any provision.

26.5. These Terms may be made available in more than one language for convenience. In the event of any discrepancy, the English version shall prevail.

27. GOVERNING LAW AND DISPUTE RESOLUTION

27.1. These Terms, as well as any legal relationship arising therefrom, shall be governed by and construed in accordance with the laws of the Emirate of Ajman and the federal laws of the United Arab Emirates, expressly excluding any conflict of laws rules that may determine the application of different legislation, save only for mandatory consumer protection rules that are legally applicable and cannot be derogated from.

27.2. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination (a "Dispute"), shall first be notified in writing by one Party to the other (a "Dispute Notice"). If the Dispute is not resolved within thirty (30) days of the Dispute Notice, it shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre (DIAC) in force at the time of submission, which Rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator. The seat (legal place) of arbitration shall be Dubai, United Arab Emirates. The language of the arbitration shall be English.

27.3. Notwithstanding the arbitration clause above, the Provider may, at any time, seek interim, injunctive or urgent relief before competent courts, including for: (a) protection of intellectual property rights; (b) prevention or cessation of fraud, abuse or breach of these Terms; (c) preservation of evidence; (d) enforcement of arbitral decisions; and/or (e) compliance with legal obligations or orders of authorities. The exercise of this right shall not constitute a waiver of arbitration. The User expressly waives the right to participate in any form of collective action, class action, joint representation or consolidated proceeding, as further set out in Clause 18.9 of these Terms, which shall apply cumulatively and independently.

27.4. The User acknowledges and agrees that any arbitral award or decision rendered pursuant to this Clause may be recognised and enforced in any competent jurisdiction, pursuant to applicable international conventions and treaties.

28. CONTACT

28.1. Unless expressly provided otherwise in these Terms, any and all formal notices, legal communications, dispute notices, infringement notices, legally relevant requests or communications required by law ("Formal Notices") must be made exclusively in writing and sent by e-mail, in accordance with this Section 28. The use or occasional acceptance of any other communication method by the Provider shall occur solely for convenience and shall not constitute a waiver, novation or amendment of the requirement that e-mail be the exclusive channel for Formal Notices.

28.2. Formal Notices addressed to the Provider must be sent exclusively to the following official electronic address:
E-mail: [email protected]
The Provider may update the electronic address for Formal Notices by publication on the Website/Platform and/or electronic communication to the User, and the new address shall become effective upon its disclosure.

28.3. Formal Notices addressed to the User shall be sent to the e-mail address registered in their Account, and it is the User's sole responsibility to maintain such address updated, valid and accessible. The User acknowledges that notices sent to the registered e-mail address shall be deemed valid and effective.

28.4. Unless unequivocally proven otherwise, Formal Notices sent by e-mail shall be deemed received on the date and time of sending, according to the sender's electronic records, provided that no automatic permanent delivery failure message ("hard bounce") is generated. Receipt failures resulting from spam filters, security settings, full inboxes or incorrect data provided by the recipient shall not invalidate the presumption of receipt.

28.5. Formal Notices must be drafted exclusively in English, unless mandatory applicable law requires a different language. If the User submits a Formal Notice in another language, the Provider may disregard it or require a certified translation at the User's expense.

28.6. Electronic records, transmission logs, e-mail headers and other technical evidence shall constitute valid and sufficient proof to demonstrate the sending, content and date/time of Formal Notices.