Effective date: January 1, 2023
Last updated on October 26, 2024 at 13.37pm

USER AGREEMENT

1. INTRODUCTION

1.1 User Agreement Overview

This User Agreement ("Agreement") is entered into by and between Ufunded LLC, operating as Ufunded.com ("Ufunded.com" or "Company"), with a registered business address at Arthur L. Evelyn Building, Suite 5, Main Street, Charlestown, Nevis, West Indies, and a registration number No. L23321. The Company's registered agent is Equity Management & Accountancy Corp. Ufunded LLC is organized under the Nevis Limited Liability Company Ordinance CAP. 7.04. The Company, its subsidiaries, and affiliates (whether now in existence or to be formed in the future) are collectively referred to as "The Company" or "our." The individual User ("User" or "You") is the other party. Each of The Company and You shall be referred to as a "Party," and collectively, the "Parties." This Agreement governs the terms and conditions under which The Company provides its Services to the User. By utilizing our Services, the User agrees to have read and understood the User Agreement and agrees to comply with all terms and conditions set forth in this Agreement

1.2 Age Requirement

The Services provided by Ufunded.com are exclusively for individuals who are at least 18 years old. By agreeing to these terms, you confirm that you are above the age of 18 years old. Ufunded.com reserves the right to request verification of age and may suspend or terminate the account of any User who does not meet this requirement.

2. USER DATA

2.1 Data Accuracy

All data provided by the User to Ufunded.com must be true, accurate, and up to date. This includes, but is not limited to, personal information, contact details, and any other information required for account setup and maintenance. The User warrants that the information provided is accurate and acknowledges that inaccurate information may result in the suspension or termination of their account.

2.2 Notification of Changes

The User must immediately notify Ufunded.com of any changes in their personal data. This includes updates to contact information, changes in address, or any other relevant personal details. Failure to update personal data in a timely manner may affect the User's ability to access or receive Services from Ufunded.com.

2.3 User Responsibility for Data

The User is solely responsible for the accuracy and timeliness of the data provided. Ufunded.com is not responsible for verifying the accuracy of the User's data. The User agrees to indemnify and hold harmless Ufunded.com for any losses or damages arising from the provision of inaccurate or outdated information.

2.4 Ownership of Data and Intellectual Property (IP)

The User acknowledges that the ultimate owner of the data and any intellectual property (IP) associated with the Services provided by Ufunded.com may be a third-party entity. The User consents to the collection, use, and processing of their data by Ufunded.com and its affiliated third-party entities as outlined in this Agreement.

3. DEFINITIONS

3.1 Trading or Trade

In the context of this Agreement, "Trading" specifically denotes engaging in activities using Our Platform only.

3.2 Platform

The platform is accessible as a web application where the User can access and utilize their account. The Platform includes various tools and features, such as real-time market quotes, charting tools and reinforced learning elements, such as a performance dashboard and journal.

3.3 Environment

Our web application is located on app.ufunded.com where the Platform is accessible through your Account. This includes all digital interfaces, databases, and network resources necessary to support the functionality of the Platform.

3.4 Datafeed

The real-time market quotes provided through the Platform consist of real-time market quotes but do not include any actual liquidity from a liquidity provider. The data is delivered without enhancements, delays, or modifications to ensure that Users receive the most accurate and timely information available.

3.5 Profit

"Profit" refers to the theoretical gain calculated from the starting account balance as a result of the User's engagement with our Platform. Profit is determined by the difference between the initial account balance and the increased balance after a specified period.

3.6 Profit Split

The predetermined percentage of Profit that the User is able to request to be paid out from the Profit made on their account, as defined in the Account Conditions section of this Agreement. The specific Profit Split percentage varies based on the account tier chosen by the User and is outlined in the respective Account Conditions.

3.7 Payout

The financial reward is tied to successfully increasing the starting balance of the User’s account, which the User may request based on the Profit Split. Payouts are subject to verification and approval procedures. Users must meet the minimum payout threshold and comply with all account conditions to qualify for a Payout.

3.8 Funding

Funding is deployed by the Company into the User’s unique account upon purchase. Upon receipt of the account credentials and the associated funding, the User is immediately eligible for payouts, as detailed in the payout article. Funds provided by Ufunded.com are exclusively deployed in the User's Account within the provided Platform, and, besides in the form of Payouts of Profit generated by the User, cannot be withdrawn. The funds provided for the entire duration of this agreement, are fictitious, which does not in any way adversely affect the User and is merely to mitigate the risk of the Company.

3.9 Account

For each User, a unique account is deployed to the Platform and is provided by Ufunded.com based on the package chosen by the User. The Account credentials are delivered to the email of the User upon purchase. The Account conditions are determined by the Package chosen by the User. A User can only have 1 active Account at a time.

3.10 Intrinsic Nature of Funds

As Ufunded.com is providing instant funding to its’ Users, to mitigate risk, synthetic funds are deployed into the User’s Account. Any and all of the trades executed on the platform are not executed on any Exchange. The orders are executed internally, however, the Profit or Loss outcome is based on real-market movement. And in the case of Profits, a User is eligible to request a Payout, according to this Agreement. The market quotes provided on the Platform, and thus the pricing, responsible for indicating your P&L, is powered by the leading exchange, CBOE. CBOE is exclusively supplying our Environment with Market Quotes, to accurately reflect the market, emulating a realistic trading experience.

3.11 Maximum Drawdown

A predefined limit of the theoretical loss that your Account can sustain. This threshold is designed to educate the User in managing risk. The Maximum Drawdown is higher than the Purchase Price of the Account. Thus, you are able to lose more than the cost of your Purchase.

3.12 Package

This refers to the required entry fee or ticket that grants you access to different amounts of Funding and varied Payout conditions on the platform.

3.13 Context

Any reference to assets, instruments, forex, commodities, metals, indices, or stocks within the context of this Agreement pertains solely to the emulation of real market conditions and does not imply actual ownership, trading, or investment in any financial instruments. Ufunded.com neither engages in nor facilitates the buying or selling of real assets; all related activities are purely theoretical. Additionally, any reference to balance or dollar amounts, except for payouts, refers to fictitious funds and does not represent actual currency or financial value.

4. SERVICE PROVISION

4.1 Access To Platform

Ufunded.com provides each User with an individual account, depending on the package of choice, which gives access to the Ufunded.com platform. On the platform, a User gets access to real-time market quotes and charting abilities, where the User is able to deploy the deployed fictitious funding, emulating financial market conditions. The educative elements in the platform, such as the performance dashboard, and the journal, provide a reinforced learning experience to the User. Ufunded.com further utilizes the data generated by the User, based on the interactions on the platform. In the event of successful performance, measured by hypothetical Profit generated by the User, the User is rewarded in the form of a Payout, which is real monetary compensation for their performance, which consists of valuable data generation for the Company.

4.2 Data Utilization

The data generated from the User's interactions within the Platform may be further utilized by Ufunded.com, subsidiary entities, or third-party entities for various purposes, including but not limited to capitalisation and improving our services. This includes, but is not limited to, analyzing trading behavior, trade executions, algorithmic analysis, IP address tracking, and geolocation data. By using the Platform, the User agrees that their data may be used by Ufunded.com, its subsidiaries, or third-party entities for any purpose deemed necessary by Ufunded.com. The User acknowledges and consents to this data usage without entitlement to any remuneration.

4.3 Client Acceptance

Ufunded.com accepts Users as natural persons only, not as entities or on behalf of someone else. By agreeing to this Agreement, the User confirms that they are entering into this Agreement as an individual and not on behalf of any entity or another person. The User agrees that the individual opening the account will be the person using the account and will be the person listed on the KYC in the event of a payout. Ufunded.com reserves the right to deny entry to any User without explanation to ensure the sustainability and integrity of our Services, to pace sustainable growth, and to ensure longevity. The platform is invite-only through selected affiliates, referred to as partners. In the event that a User has not been invited by a partner, the User will be considered in breach of this Agreement.

4.4 Third-Party Service Delivery

The User acknowledges that some or all parts of the Services or products provided by Ufunded.com may be delivered by third parties. This includes, but is not limited to, data feed providers, charting tools, and other third-party service providers that Ufunded.com may utilize to deliver a comprehensive experience. Ufunded.com does not guarantee the performance or reliability of these third-party services and shall not be held liable for any issues arising from their use.

4.5 Termination of Service

Ufunded.com reserves the right to change, terminate, or discontinue, in whole or in part, any Service, any Terms, or any portion or feature of the foregoing, for any or no reason and at any time, without liability or other obligation to the User. Ufunded.com may, at its sole discretion, provide the User with prior written notice of any such termination.

4.6 Fictitious Funding

The funds deployed into a User’s account by the Company are fictitious funds to mitigate the risk exposure of the Company. The User can deploy those funds within the platform, engaging with the real-time emulated markets and assets available within the environment, achieving a theoretical Profit or Loss. Despite the nature of the funds being fictitious, the User is eligible to reap real monetary reward in the form of Payouts, based on the interactions achieved on the platform. In the event of successful performance, measured by hypothetical Profit generated by the User, the User is rewarded in the form of a Payout, which is real monetary compensation for their performance.

4.7 No Execution

Aside from the purchase of an Account and any Payout(s) disbursed to a User, Ufunded.com does not engage in real financial transactions nor execute trades on any exchange. The funds allocated to the User are fictitious, and any assets presented on the Platform are not actually purchased or held by the User; all Profit and Loss is theoretical, as market conditions are emulated by real-time market quotes. Consequently, the User is not participating in any real financial transactions, nor is Ufunded.com involved in the offering or trading of securities, including security-based swaps, commodities, foreign exchange currencies, metals, or any other financial instruments. According to the above, the Company does not fall under the purview of the SEC, CFTC, or any similar financial regulator. The Company is compliant with the Ordinance CAP. 7.04 of Nevis.

4.8 Liability Disclaimer for Technical Issues

Ufunded.com is not liable for any losses or damages resulting from technical issues or unforeseen events affecting the Platform. This includes, but is not limited to, interruptions in service, data inaccuracies, or any other technical malfunctions. Ufunded.com may compensate Users at its sole discretion.

4.9 Business Use Pre-Approval

Users intending to use the Services for business purposes must inform Ufunded.com in electronic writing and undergo a pre-approval process. Approval is at Ufunded.com’s discretion. Until such approval is granted, use of the Services is considered personal. If usage is determined to be non-personal without requisite approval, Ufunded.com reserves the right to terminate the account or withhold any payout requests. Any User that can be considered a professional trader is deemed to be using the Services for business purposes and must inform the Company by mailing pro@ufunded.com.

4.10 Restricted Jurisdictions and Backgrounds

The Services are not available to Users in Restricted Jurisdictions, those subject to international sanctions, or with criminal records related to financial crime or terrorism. Restricted Jurisdictions are listed on our Website. By accessing our Services, you agree that you are not a resident of any forbidden countries. Ufunded.com reserves the right to refuse, restrict, or terminate Service provision to any User, particularly those from Restricted Jurisdictions, involved in prohibited activities, or from any country that, due to regulatory policies, does not approve our Services.

5. TRADING CONDITIONS

5.1 Live Market Data

To accurately emulate real-time financial market movement, all pricing within the Platform is based on live, real-time market data supplied by the world’s largest data feed provider, CBOE. This data is not enhanced, delayed, or in any other way modified to ensure the best possible trading experience for the User. The primary data feed provider ensures real-time market quotes.

5.2 Charting Engine

The Platform’s default charting engine is TradingView, to which a User gets access to by default upon opening an Account. Additionally, the Platform offers a native charting solution.

5.3 Spread

For stocks, Ufunded.com does not add spread on top of the natural spread, which is the difference between the real-time bid and ask prices based on our market quotes provider, CBOE. For Forex and Metals, the spread is set at 1 pip, to accurately reflect typical trading conditions.

5.4 Commissions

To accurately reflect typical trading conditions, commissions upon execution are being charged from the Account Balance. The commission is 7 cents per share, with a minimum imposed commission of $1.25 per execution. Commissions are automatically deducted from the User’s Account Balance and will reflect in the User’s Account Statement.

5.5 Overnight Limit

Users may maintain their open positions overnight, limited to 20% of their available Account Balance. If the overnight condition is not adhered to, our systems will automatically adjust and limit the position to comply with this restriction, ensuring proper risk management and safeguarding the User, as well as preserving the sustainability of our Service.

5.6 News Trading

News trading is allowed on the Platform, except for certain restricted events, which may be limited at the discretion of Ufunded.com. In rare cases, instruments may become unavailable and positions may be adjusted as a consequence of restricted events.

5.7 Pre-market Data

Pre-market data is available on the Platform; however, the respective instruments are only tradable during regular market hours.

5.8 Leverage

A leverage of 1:5 is provided for Forex, Metals, and Indices, allowing Users to amplify their positions. As an example, an Account with $360.000 in funding, can open a position up to five times its’ Account Balance, in this case, $1,800,000, on asset classes eligible to apply leverage on as per the above.

5.9 Swaps

5.9.1. Any open transactions held by the User at the end of the trading day of the Underlying Market or over the weekend when the relevant Underlying Market is closed, shall automatically be rolled over to the next business day to avoid an automatic close and physical settlement of the transaction. The User acknowledges that when rolling such transactions to the next business day, a Swap will be either added or subtracted from their Account with respect to such transaction (“Rolling"). The Swap amount is a constant percentage of the position value and is based on a number of factors including, among others, whether the transaction is a Buy or a Sell, interest rates, Underlying Asset differentials, daily price fluctuations, and other economic and market-related factors. The Swap for each Asset/Underlying Asset is displayed for each specific Asset/Underlying Asset on the Platform and/or Ufunded.com’s website and is subject to amendments.

5.9.2. In deciding whether to open a transaction for a specific Underlying Asset, the User acknowledges that they are aware of the Swap displayed on Ufunded.com’s website (indicative) and should consult the Platform and the instrument specifications for the applicable rates/swaps before opening any position.

5.9.3. It is further acknowledged that in case of any miscalculation and/or error of a swap rate due to a malfunction of the Platform and/or bug and/or error of any nature, Ufunded.com has the right to update and charge the User’s account with the accurate swap, affected on the User’s account balance.

5.9.4. Ufunded.com reserves the right in its discretion to disable and/or enable trading without a Swap rate charge (“swap free trading”) for the User’s account at any given time. Without prejudice to the generality of the foregoing, the imposition of a Swap rate charge can occur if the User abuses Ufunded.com’s trading conditions/systems or where the User’s trading strategy imposes a threat.

5.10 Maximum Loss Limit

Users must not exceed the maximum loss limit set as a percentage of the Account Size, defined in the available Packages. This limit applies to individual trades and the cumulative loss in the User's account. Once this threshold is reached, the Account will automatically expire, and the account will be closed. The User may then be (temporarily) eligible to purchase another Package, depending on the availability of such Account, as well as the User’s trading style. The eligibility of repurchasing another entry is at the discretion of Ufunded.com, safeguarding the best interest of the User as well as the Company’s.

5.11 Company Monitoring

Ufunded.com will oversee User adherence to set trading parameters. Non-compliance may disqualify the User from receiving Payouts or lead to other measures, including potential account termination.

5.12 Consequences for Non-Compliance

Ufunded.com may respond to Agreement violations at its discretion, including access termination to the Platform, Payout Adjustment, or legal action. Non-compliance with trading parameters and conditions may result in the disqualification from Payouts or other corrective actions deemed necessary by Ufunded.com. In case of any termination of Account or disqualification from Payout, out of leniency considerations, Ufunded.com may, at its sole discretion, consider refunding the purchase value of the account.

6. MARKET HOURS

6.1 US Stocks and Indices

Trading hours for US stocks and indices on the Platform follow the original market hours and market holidays, typically opening at 9:30 AM Eastern Time and closing at 4:00 PM Eastern Time.

6.2 Forex Markets

Forex markets operate 24 hours a day, five days a week, starting from Sunday evening, when trading begins in Sydney, to Friday evening, when trading closes in New York. The trading sessions cover various time zones. There may be imposed market breaks at the Company’s discretion.

6.3 Metal Markets

Trading hours for metal markets generally follow similar hours to those of stocks and indices.

7. PAYOUTS

7.1 Payout Request

The User’s portion of the Profit Split, determined by the Package and its respective conditions, can be requested as a Payout in the first 10 days of every new month, based on the previous month’s realized Profit. Users must submit a Payout request through the Platform, adhering to the procedures outlined by Ufunded.com, including those in this Agreement.

7.2 Payout Processing

Payout requests are processed within 1 business day after verifying the eligibility of the Users’ payout request, which serves as an invoice. If you do not provide Ufunded.com with an invoice, Ufunded.com may generate one on your behalf. Ufunded.com ensures timely processing of payouts, subject to the completion of all necessary verifications and approvals. Ufunded LLC reserves the right to utilize payment agents, third-party payment processors, or other third-party entities, collectively referred to as "payment agents," to facilitate such transactions. The User acknowledges and agrees that any entity engaged in the transaction shall not alter or define the relationship between the User and Ufunded LLC. Notwithstanding any involvement of third parties, the User explicitly acknowledges that their dealings are exclusively with Ufunded.com as represented by Ufunded LLC in Nevis.

7.3 Payout Fees

There are no Payout Fees, making Payouts Free. However, administrative costs and imposed fees necessitate a minimum payout amount of $500. Users are responsible for any fees imposed by their receiving bank or financial institution.

7.4 Payout Limit

To ensure sustainable practices and to discourage improper risk management, a maximum payout per month per account is imposed, limiting the maximum monthly Payout to 10% of the User’s account size. For example, a $360,000 account may request up to $36,000 in Payout each month. Any surplus can be requested the following month, or any subsequent month.

7.4.1. Proportional Distribution of Profit

We do not support irresponsible trading; rather, we seek serious traders due to our data utilization practices. Accordingly, there is a requirement for a minimum number of trades to be executed per account before a payout can be requested. Profits eligible for Payout must not be generated from a single large trade. The minimum number of trades must be proportionately distributed over the relevant period and cannot be artificially met by opening and closing numerous small trades.

7.5 Identity Verification

As part of our Anti-Money Laundering (AML) and Know Your Customer (KYC) policies, Users may be required to provide identity verification and proof of address during the payout request process. This is to ensure compliance with applicable regulations and to safeguard the integrity of the Platform.

7.6 Non-Refundable Entry Fee

The entry fee paid for an Account shall be deemed non-refundable upon the release of the Account Credentials, irrespective of any activity conducted within the User's account. Upon the release of Account Credentials, the User's account shall be deployed and configured on Ufunded.com’s servers in accordance with the package selected. Such configuration includes, but is not limited to, access to real-time market data and TradingView charts. The configuration process is resource-intensive, necessitating the allocation of back-office personnel and the assignment of an account manager. By remitting the entry fee, the User expressly acknowledges that the resources utilized for such deployment and configuration require substantial investment and infrastructure, thereby rendering the entry fee strictly non-refundable.

7.7 Partial Payout Retention

If only a portion of the Profit is requested by a User, the remaining Profit Continues as Balance in the account, available for ongoing engagement on the platform, and for potential future Payout. For example, if a User achieves a Profit of $15,000, requests $10,000 to be paid out and retains $5000, the remaining $5000 stays in the account for future engagement, and naturally results in a higher maximum drawdown.

7.8 Payout Methods

Payouts are made using the User's chosen method amongst the options that the Company supports, including wire transfer. Users are liable for any associated fees or costs.

8. ACCOUNTS AND ACCOUNT CONDITIONS

8.1 Account Packages

Ufunded.com offers various account packages, each available through a one-time-purchase. The package determines the funding, maximum drawdown limit and the profit split. The Package chosen by the User will be configured as described below and deployed on the Platform with unique Account Credentials that will be distributed to the User.

Besides the platform being available only to invited Users to receive instant funding, not all packages may be available for purchase, as their availability is solely determined at the discretion of the Company. Users may be able to upgrade their account to the next tier, which is also based on availability and acceptance, solely determined at the discretion of the Company.

Sailor:

Account Size: $45.000

Maximum Drawdown: $2000

One-Time-Payment: $1,500

Profit Split: 70%

Commander:

Account Size: $90.000

Maximum Drawdown: $4000

One-Time-Payment: $3000

Profit Split: 75%

Captain:

Account Size: $180.000

Maximum Drawdown: $8000

One-Time-Payment: $6000

Profit Split: 80%

Admiral:

Account Size: $360.000

Maximum Drawdown: $16.000

One-Time-Payment: $12.000

Profit Split: 85%

Kraken:

Account Size: $720.000

Maximum Drawdown: $32.000

One-Time-Payment: $24.000

Profit Split: 85%

Whale:

Account Size: $1,035.000

Maximum Drawdown: $46.000

One-Time-Payment: $34.500

Profit Split: 85%

These packages, each with specific terms, supplement the Agreement's other conditions.

8.2 Account Purchase

Accounts are configured and deployed solely upon a one-time purchase by the User, which is available only upon invitation. The purchase is contingent upon the User's acceptance of the invitation to acquire the chosen account. Ufunded LLC reserves the right to utilize payment agents, third-party payment processors, or other third-party entities, collectively referred to as "payment agents," to facilitate such transactions. The User acknowledges and agrees that any entity engaged in the transaction shall not alter or define the relationship between the User and Ufunded LLC. Notwithstanding any involvement of third parties, the User explicitly acknowledges that their dealings are exclusively with Ufunded.com as represented by Ufunded LLC in Nevis. The User understands and agrees that any invoice requested or provided will exclusively contain the details of Ufunded LLC and will not include the information of any payment agent utilized to facilitate the transaction.

8.3 Maximum Drawdown

Each account package has a defined Maximum Drawdown, which is the maximum allowable drawdown for the account. Upon reaching this drawdown limit, the User’s account will be closed. A User may be allowed to Repurchase another package, or Revive the current Account, solely at the discretion of the Company.

8.4 Profit Split

The Profit Split is the predetermined percentage of Profit that the User receives from the theoretical Profit made on their Account. The specific Profit Split percentage is defined by the package chosen by the User and is detailed in the respective Account Conditions.

8.5 Account Termination

Ufunded.com reserves the right to terminate a User's Account under specific circumstances, including prolonged inactivity. This measure is crucial for managing server resources. Accounts may be subject to permanent expiration if there is no trading activity for a continuous period. This is essential to ensure the ongoing viability of our platform and services. Upon termination due to these specific circumstances or prolonged inactivity, the entry fee is non-refundable, and such termination cannot be undone.

9. SERVICE AND SUPPORT

9.1 Account Access

Upon purchase of an account, the User will be provided with unique credentials to log into the Platform and access their account. This access includes the ability to utilize all trading tools and features available within the Platform.

9.2 In-Platform Support

Users can access in-platform support for immediate assistance with any issues related to their account or the Platform. This support is available through the Platform’s support interface. The In-Platform Support serves as the primary point of contact for any complex issues or guidance needed by the User. In cases where in-platform support is not accessible or further assistance is required, Users can contact support via email at support@ufunded.com.

9.3 Account Manager

Users may or may not be provided with a personal Account Manager. If assigned, the Account Manager will offer further personalized support and guidance.

9.4 Demonstrational Calls and Technical Assistance

Ufunded.com may complimentary offer demonstrational calls, account management, and technical support for the Platform, ensuring User understanding, or assisting with platform onboarding. Users must report technical problems promptly. Ufunded.com, however, does not guarantee uninterrupted access and is not liable for losses due to technical issues or downtime caused locally.

9.5 Artificial Intelligence Tool

An AI tool based on ChatGPT is integrated in the support widget of the platform for educational purposes. It provides informational and educational support but should not be considered for financial advice. Decisions made based on AI interactions are the sole responsibility of the User. Ufunded.com disclaims any liability for the accuracy or use of the AI-provided information.

9.6 No Replacement for User Agreement

Any communication by representatives, whether human support, artificial intelligence support or from an account manager or any other representative of the Company, should not be considered supplementary to or as a replacement of the User Agreement, nor as financial advice. Ufunded.com cannot and does not guarantee the correctness of statements or information beyond the User Agreement.

9.7 No Advice or Information

No advice or information, whether oral or written, obtained by the User from Ufunded.com, or through or from the Services, will create any warranty not expressly stated in the terms.

10. ACCOUNT RESTRICTIONS AND UPGRADES

10.1 Account Availability

In addition to operating on an invite-only basis, even upon invitation, certain packages may not be available or may be restricted for initial purchase. Users may upgrade to the superseding package if permitted or invited by Ufunded.com. The availability of accounts is subject to the discretion of Ufunded.com, ensuring the user is exercising proper risk management as well as consistency. This measure is implemented for the sustainability and longevity of our Services, and serves as a Merit reward to Users who are adhering to proper risk management, providing more valuable data to the Company.

10.2 Multiple Accounts

Users may not have multiple accounts or trade on others’ accounts. Ufunded.com employs technological measures to detect such abuse. If a User is found to be using multiple accounts, copying other accounts or allowing third parties to trade on their behalf, all accounts linked to the suspected abuse will be deemed ineligible for any payout and may be suspended or terminated without a refund.

10.3 Account Upgrades

Users can upgrade to the next account package, if permitted or invited by Ufunded.com. An upgrade requires an additional purchase, and the existing account will be upgraded to the higher tiered package, respecting the maximum account limit of one per User as defined in this Agreement. Ufunded.com reserves the right to restrict or limit the selling of accounts, including upgrades or revivals.

11. FORBIDDEN PRACTICES

11.1 Exploitation of Errors

Users must not exploit errors in the Services, including inaccuracies in price displays or delays in updates, to gain unfair advantages within the platform. Any detected exploitation will be corrected in the account. Suspected exploitation will be deemed ineligible for any payout and may be suspended or terminated without a refund.

11.2 Manipulative Trade Execution

Users are forbidden from executing trades, either individually or in coordination with others, that manipulate outcomes. This includes entering into opposing positions across multiple accounts. Suspected manipulation will be deemed ineligible for any payout and may be suspended or terminated without a refund.

11.3 Use of Unauthorized Software

The use of software, artificial intelligence, ultra-high-speed trading, or mass data entry techniques to manipulate or gain unfair advantages in trading on Ufunded.com’s systems is strictly prohibited. Suspected use of unauthorized software will be deemed ineligible for any payout and may be suspended or terminated without a refund.

11.4 Multiple Account Control

Users are prohibited from controlling more than one account at a time. Any variation in IP addresses or other indicators suggesting multiple account control will lead to the suspension of all related accounts. Users may not purchase or control more than one account simultaneously. Suspected multiple account control will be deemed ineligible for any payout and may be suspended or terminated without a refund.

11.5 Reverse Engineering

Users must not directly or indirectly attempt to reverse engineer or decompile any product and/or service or any component thereof, or attempt to create a substitute or similar service through the use of or access to Ufunded.com's product and/or service.

11.6 Consequences of Forbidden Practices

In cases of account suspension due to forbidden practices, the entry fee may be reimbursed at our sole discretion, and you will not be eligible for a payout. The User will be notified in any case of suspension due to forbidden practices. Ufunded.com reserves the right to determine the occurrence of forbidden practices and take appropriate action without further consultation or approval from the User.

12. USER DATA UTILIZATION

12.1 Data Sharing

All interactions with the platform are considered data points. User data, including but not limited to trade execution details, may be shared with subsidiary entities or third parties. Ufunded.com utilizes User data for various purposes, including, but not limited to, analyzing trading behavior, trade executions, such data analysis may be manual or performed algorithmically by the Company. The User gives the Company full authorization to further capitalize upon any data considered relevant by the Company. The User agrees to be contacted by Ufunded.com or a subsidiary entity in relation to Ufunded.com, should they wish to further discuss any proposal beyond the scope of this User Agreement.

12.2 Consent and Authorization

By using the Platform, the User grants Ufunded.com consent and authorization to handle and share their data with persons/entities affiliated with Ufunded.com. These activities may be performed automatically without further consent, consultation, or approval from the User.

12.3 Remuneration for Data Use

The User acknowledges that they are not entitled to any remuneration or revenue associated with the use of their data by Ufunded.com. Data derived from the Platform may be used by Ufunded.com, its subsidiaries, or third-party entities for any purpose.

12.4 Confidentiality and Data Protection

Both Ufunded.com and the User are committed to maintaining the confidentiality of all confidential and proprietary information exchanged in connection with this Agreement. This encompasses not only the User's personal and financial data but also extends to other proprietary details, as well as to any and all (digital) communication with any representatives of Ufunded.com (collectively referred to as "Confidential Information"). This information is to be utilized solely for the purposes outlined in this Agreement.

12.5 User Responsibility for Data Accuracy

The User agrees to provide accurate, complete, and current information necessary for the provision of Services. They must also promptly inform Ufunded.com of any changes to this information. Ufunded.com will handle the User's personal data in compliance with data protection laws and adequate measures will be taken to secure personal data against unauthorized access or breaches. The User agrees to indemnify and hold Ufunded.com harmless for any losses or damages arising from the provision of inaccurate or outdated information.

12.6 Licenses Granted by User

The User hereby grants Ufunded.com the following worldwide, non-exclusive, non-transferable, non-sublicensable licenses: Ufunded.com has the right to use payout certificates awarded to the User for the creation of marketing or advertising materials that feature the certificate, provided that the User's complete personal information is not compromised. Additionally, Ufunded.com is permitted to create written case studies regarding the User’s engagement and results on the Platform, again ensuring that the User’s complete personal information is not disclosed. In the event of a mutually agreed-upon case study, the User may choose to disclose their identity.

12.7 No Further License Grant or License Challenges

Except as set forth in this Agreement, nothing in this Agreement shall grant or shall be deemed to grant the User any right, title, or interest in or to any intellectual property of Ufunded.com. All use by the User of Ufunded.com’s intellectual property will vest to the sole and exclusive benefit of Ufunded.com. The User hereby agrees that, to the maximum extent permitted by applicable laws, at no time during or after this Agreement is effective, will the User challenge or assist others to challenge any Company intellectual property or the registration thereof by Ufunded.com, nor will the User attempt to register any branding that are confusing or similar to any portion of Ufunded.com’s intellectual property in any way (including but not limited to sound, appearance, and spelling). The User acknowledges and agrees that Ufunded.com (or Ufunded.com’s licensors and their suppliers, as applicable) own all legal rights, title, and interest in the intellectual property, including any intellectual property rights that exist in the intellectual property, throughout the world (whether registered or not).

13. PLATFORM FEATURES

13.1 Overall Platform

The Platform provided by Ufunded.com, accessible at app.ufunded.com, is a web application environment where Users can access and utilize their Account that has been configured as a result of a Package purchase. The Platform is a comprehensive all-in-one platform including various tools and features, configured in workspaces. The Platform as well as the workspaces are configurable by the User. The functionality of which is elaborately outlined in the Platform Guide, which Users receive upon receipt of the Account Credentials, which is also accessible from within the Platform. Users agree to fully comprehend the Platform Guide to ensure understanding of all features prior to engaging with the Platform. This Article outlines the major features in the platform.

13.2 Charting Tools

The platform has a native integration with TradingView, providing access to TradingView’s Advanced Charts that are integrated natively with the platform’s other features. Alternatively, the platform also supports the native charting tools provided by the Company, since the integration of TradingView, accessible and addressed as legacy charts. The User is at liberty to select their preferred charting solution within the platform.

13.3 Scanner

The Scanner is a powerful tool that assists Users in identifying potential opportunities based on narrowing down the instruments to trade according to specific criteria set by the User, such as percentual price movement, volume, and other technical specifications.

13.4 Journal

The Journal is an educative and reinforced learning tool within the Platform that automatically documents and tracks the User's execution activity on their account. This feature may help Users analyze their behavior, review past executions, and improve their strategies through detailed record-keeping.

13.5 Performance Dashboard

The Performance Dashboard offers Users a centralized interface to monitor their performance based on the executions in the platform and fungates as an educative and reinforced learning tool.

13.5 Announcements, Support, AI and News widget

Besides a widget for announcements, live support and artificially intelligent support, the Platform includes a personalized news feed based on frequently engaged with instruments. All news events are reviewed by AI Sentiment Analysis, which provides Users with insights into market sentiment based on relevant data. This feature is for educational and informational purposes only as it leverages artificial intelligence to analyze and interpret market trends. It is designed to help Users gauge market mood.

13.6 Positions, Orders and Order History

Any execution made within the Platform is documented either as a Position, an Order, and will appear in the Order History reflecting all details from the execution. Executions are according to Article 4.7.

13.7 Platform Guide

The detailed specifications of all features and instructions on how to operate the platform are located in the Platform Guide, provided to the User upon purchase, and available within the Platform. The User agrees to have comprehended fully this User Agreement, including the Platform Guide, prior to engaging with the Platform.

14. PLATFORM CONDITIONS

14.1 Market Engagement

The platform emulates real-time financial market movement and conditions, powered by real-time market quotes from CBOE. The User explicitly agrees and understands that there is no liquidity or underlying asset being bought or sold upon execution on the Ufunded.com platform. Orders are not executed on an exchange, and there are no "security-based swaps" or transactions taking place as one would expect at a brokerage, which for the avoidance of doubt, Ufunded.com is not. Users are trading fictitious funds, and any gains or losses are purely theoretical and not actualized due to this framework. The platform allows Users to generate valuable data for Ufunded.com while trading in an environment where the User cannot lose more than their entry fee. This limits the downside risk for the User to the entry fee but exposes them to higher upside potential. Any theoretical Profit will be paid out in real financial rewards (USD) as outlined under "Payouts" in Article 7, in exchange for the valuable data generated, as detailed in Article 4.2. The User's goal is to make gains in their account and request payouts, while Ufunded.com aims to further leverage the User's data.

14.2 Remuneration for Market Engagement

The User has the opportunity to earn real financial rewards based on the theoretical realized Profit generated on their Account. Profits are calculated from the starting account balance, and Users can request Payouts in accordance with Article 7, and receive a portion of their Profit based on the individual package conditions.

15. JURISDICTION AND ELIGIBILITY

15.1 Restricted Jurisdictions

Ufunded LLC, operating as Ufunded.com, does not provide services to Users in jurisdictions where the use of our Services is prohibited by law or in jurisdictions deemed restricted. Ufunded.com also does not provide services to Users in jurisdictions where our product is not in alignment with the regulatory requirements of said jurisdiction. It is the User’s responsibility to ensure that their use of the Platform, including but not limited to receiving Payouts, complies with all applicable laws and regulations in their jurisdiction. Ufunded.com reserves the right to refuse access to the Platform, including but not limited to a Payout, to Users from restricted jurisdictions without prior notice to safeguard its legal interests.

15.2 Eligibility Criteria

The Services provided by Ufunded.com are exclusively available to natural persons who are at least 18 years old. By agreeing to these terms, you confirm that you meet this age requirement. Ufunded.com reserves the right to request age verification and may suspend or terminate the account of any User who does not meet this requirement.

15.3 Invite-Only

Ufunded.com operates on an exclusive, invite-only basis to ensure the integrity and sustainability of our Services. Access to the platform is by invitation only, and Ufunded.com reserves the right to deny entry to any User without explanation. Should Ufunded.com notice that a User is using the platform without an invitation from one of our partners, affiliates, or communities we collaborate with, the User may be refunded at the sole discretion of the Company and their account deactivated.

16. SERVICE LIMITATIONS

16.1 Disclaimer of Liability

Ufunded.com disclaims any liability for losses or damages resulting from interruptions, delays, or other unforeseen circumstances affecting the Services. While we strive to provide a reliable and consistent service, we cannot guarantee uninterrupted access to the Platform.

16.2 Emulative Purpose

The Platform is intended to emulate financial market conditions, and the results from synthetic trading activities are used to determine rewards and proficiency. The Platform should not be construed as providing investment advice or recommendations.

16.3 Non-Investment Advice

Ufunded.com expressly disclaims any and all forms of investment advice or recommendations. No employees, staff members, or representatives of Ufunded.com are authorized to provide investment advice or recommendations, and any information or statements made by Ufunded.com personnel shall not be construed as such. Ufunded.com does not provide any legal, fiscal, investment, or other financial advice. Users are solely responsible for their own investment decisions and are encouraged to conduct their own research and due diligence. All information presented on the website or through any other publicly available sources is intended solely for informational and educational purposes. Ufunded.com makes no representations or warranties regarding the accuracy, reliability, or completeness of any statements or information provided, and cannot guarantee the correctness of such information beyond what is expressly stated in the User Agreement. No advice or information, whether oral or written, obtained by the User from Ufunded.com or through the Services shall create any warranty or obligation not expressly articulated in the terms of this Agreement.

17. DISCLAIMER OF WARRANTIES

17.1 Services Provided "As Is"

The Services and other content provided by Ufunded LLC, operating as Ufunded.com, are offered "as is," with all errors, defects, and shortcomings. The use of these Services is at the User’s sole responsibility and risk. To the maximum extent permitted by mandatory laws, Ufunded.com disclaims any statutory, contractual, express, and implied warranties of any kind, including warranties of quality, merchantability, fitness for a particular purpose, or non-infringement of rights. Advertisements or promotions by Ufunded.com should not be construed as financial advice.

17.2 Limitation of Liability

To the fullest extent permitted by applicable law, Ufunded.com shall not be liable for any harm, including but not limited to indirect, incidental, special, punitive, or consequential damages. This includes, without limitation, lost profits, loss of data, personal injury, or property damage arising from the use of the Services or reliance on any content available on the Platform. Ufunded.com makes no representations or warranties regarding the accuracy, reliability, or completeness of any information provided and shall not be held responsible for any actions taken based on such information. Furthermore, Ufunded.com shall not be liable for any damages resulting from interruptions, errors, or failures of the Platform, regardless of the cause. The User acknowledges and agrees that any reliance on the Services is at their own risk.

17.3 Modification of Services

Ufunded.com reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without compensation to the User. Such modifications are intended to improve the quality and functionality of the Platform and Services.

17.4 Force Majeure

Ufunded.com shall not be liable for any failure to provide the purchased Services resulting from circumstances beyond our control, including but not limited to serious technical or operational issues, crisis situations, natural disasters, war, insurrection, pandemics, or other force majeure events. Ufunded.com is also not liable for interruptions due to legal obligations or actions taken by public authorities, including issues related to third-party providers of essential services such as data feeds. Additionally, any regulatory changes that impede our ability to continue operations shall not incur liability for Ufunded.com.

17.5 Exclusion of Warranties

The User expressly understands and agrees that their use of the Services and Content is at their sole risk and that the Services and Content are provided "as is" and "as available." In particular, Ufunded.com and its licensors do not represent or warrant to the User that the use of the Services will be uninterrupted, timely, secure, or free from error. Furthermore, there is no guarantee that any information obtained by the User as a result of their use of the Services will be accurate or reliable. Additionally, Ufunded.com does not warrant that defects in the operation or functionality of any software provided as part of the Services will be corrected

18. VIOLATION OF THE USER AGREEMENT

18.1 Consequences of Violations

If the User violates any provision of this User Agreement in a manner that may harm Ufunded.com, the Company may take appropriate action. This includes, but is not limited to, accessing the Services in violation of the terms, providing incomplete, untrue, or outdated information, or engaging in conduct that could damage Ufunded.com’s reputation. The User shall not post negative reviews or make public statements that could harm Ufunded.com’s standing. Ufunded.com reserves the right to prevent the User from ordering any additional Services and to restrict access to all or some Services without prior notice and without compensation. Consequences for violations may include forfeiture of payouts and the potential for legal action.

18.2 Access Restriction

Ufunded.com reserves the right to completely or partially restrict the User’s access to the Platform and Services in cases of User Agreement violations. This includes access to the Platform. Such restrictions are at the discretion of Ufunded.com and may be implemented without prior notice to the User.

19. COMMUNICATION

19.1 Communication Channels

All communication from Ufunded.com or its partners in connection with the provision of Services will take place through the User’s registered email address, and in certain cases, through audio or video communication. Any and all written or verbal electronic communication is considered confidential and may not be shared or distributed without authorization. When contacting your account manager, ensure that you are communicating with an email address that has the @ufunded.com domain or a verified public phone number. Ufunded.com cannot be held responsible for phishing attempts. If in doubt, verify through the in-platform live support chat or by contacting support@ufunded.com.

19.2 Confidentiality of Communication

All communications between the User and Ufunded.com are considered confidential. The User agrees not to share, distribute, or disclose any communications received from Ufunded.com without prior written consent. Any violation of this provision will be considered a breach of this User Agreement, and the consequences are outlined herein, including but not limited to potential legal action.

19.3 Contact Information

Users may contact Ufunded.com for support or inquiries. The first point of contact should be the in-platform live support. Alternatively, Users can escalate their support ticket to their account manager should they have been assigned with one. Otherwise, Users may reach out to support@ufunded.com.

20. REFUND POLICY

20.1 Non-Refundable Entry Fee

The entry fee for purchasing a package is non-refundable and non-withdrawable. Upon successful email delivery of the User’s account credentials, which is deemed successful once sent from the company's servers to the email address provided by the User upon purchase of an account, the entry is considered utilized, making the entry fee non-refundable. The provision of credentials signifies the commencement of the Service, as the company has fulfilled its duty of opening and deploying an account for the User, which involves considerable resources, including connecting the User's account to real-time market quotes and TradingView charting. The User is responsible for providing the company with the correct email address. Upon entry, the User becomes immediately eligible to receive payouts, as per the terms outlined in this Agreement.

20.2 Account Closure and Re-purchase

Funds provided within the Platform are non-withdrawable as they are fictitious funds provided and deployed by Ufunded.com. If the User reaches the maximum drawdown limit according to the specifications of their package, their account will be closed. Users may have the option to repurchase or revive an account, subject to Ufunded.com’s discretion and risk management policies, safeguarding the best interest of the User. Additional requirements, such as gaining theoretical understanding and conducting a review session, may be imposed to prevent future account closures. Repeated identical behavior may lead to temporary or permanent denial of eligibility for re-entry to safeguard the User’s interests.

21. GENERAL CONDUCT

21.1 Fair Dealing

Both the User and Ufunded.com commit to fair dealing principles in performing the Agreement and engaging in mutual negotiations. This includes refraining from actions that damage the reputation and legitimate interests of the other party.

21.2 Non-Defamation and Non-Disparagement

The User and Ufunded.com agree to uphold non-defamation and non-disparagement standards. Neither party shall engage in activities that harm the reputation or interests of the other party. Any violation of this provision will be considered a breach of this User Agreement.

21.3 Dispute Resolution

Any disagreements or disputes arising under this User Agreement will be resolved according to applicable laws. Both parties agree to seek amicable resolutions to disputes and, if necessary, engage in formal dispute resolution processes to settle conflicts. In the event that disputes cannot be resolved amicably, both parties consent to submit to the exclusive jurisdiction of the courts of Saint Kitts & Nevis for dispute resolution.

22. AMENDMENTS AND MODIFICATIONS

22.1 Right to Amend

Ufunded.com reserves the right to amend, modify, update, or change this User Agreement at any time without prior notice to the User. Such amendments, modifications, updates, or changes will become effective immediately upon their posting on the Platform or through other communication channels employed by Ufunded.com. It is the User's responsibility to regularly review the User Agreement and stay informed of any changes to ensure continued compliance with the terms and conditions. Furthermore, Ufunded.com reserves the right to transfer its rights and obligations under this Agreement to any entity at its discretion, without the necessity of obtaining the User's consent.

22.2 User's Obligation to Comply

The User agrees to comply with any and all amendments, modifications, updates, or changes to this User Agreement. Failure to adhere to the updated terms may result in the suspension or termination of the User's account, and the User will be responsible for any consequences arising from non-compliance.

23. TERMINATION

23.1 Termination by User

The User may terminate this Agreement at any time by ceasing to use the Platform and Services and by providing written notification to Ufunded.com of their intent to terminate. Upon receipt of such notification, Ufunded.com will deactivate the User's account. Termination by the User does not entitle the User to any refund of fees paid or remuneration for fictitious funds provided or unused Services. The User remains eligible for any payout according to the payout conditions if any profit has been made, which may be requested according to the terms outlined in this Agreement.

23.2 Termination by Ufunded.com

Ufunded.com reserves the right to terminate this Agreement and the User's access to the Platform and Services at any time, with or without cause, and without prior notice. Grounds for termination may include, but are not limited to, violations of this User Agreement, prohibited practices, including manipulation or abuse, or actions that may harm the integrity or reputation of Ufunded.com. Termination by Ufunded.com will not entitle the User to any compensation, damages, or refunds. However, out of good faith, this will be reviewed on a case-by-case basis. In case of termination by Ufunded.com, the User may be refunded the latest entry fee (purchase amount).

23.3 Effect of Termination

Upon termination of this Agreement, whether initiated by the User or Ufunded.com, the User's right to access and use the Platform and Services will immediately cease. The User must discontinue all use of the Platform and Services and must not attempt to access their account. Furthermore, the User shall not open another account upon termination, regardless of whether the termination was initiated by the User or Ufunded.com. Any provisions of this Agreement that by their nature should survive termination, including those related to data utilization, indemnity, and limitation of liability, will remain in effect. Ufunded.com may retain User data in accordance with its data retention policies and applicable laws.

23.4 No Ownership Over Funding

The User acknowledges that they have no ownership over the funding provided by Ufunded.com beyond the scope of this Agreement. The funding is fictitious and is provided solely for designated activities within the Platform and are non-withdrawable. The only real-world monetary use lies within the payouts processed upon successfully reaching profit on the account and receiving a payout as a reward for the generated data, which is considered as performance, as detailed in this Agreement.

24. INDEMNITY

24.1 User Indemnity

The User agrees to indemnify, defend, and hold harmless Ufunded.com, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, and any related or third-party entities from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to the User's use of the Platform and Services, violation of this Agreement, infringement of any intellectual property or other right of any person or entity, or any other actions or omissions by the User.

25. GOVERNING LAW AND JURISDICTION

25.1 Governing Law

This Agreement, its interpretation, and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of Saint Kitts & Nevis, without regard to its conflict of law principles. This includes, but is not limited to, any local, state, national, or international laws that may apply.

25.2 Jurisdiction

The User agrees to submit to the exclusive jurisdiction of the courts located within the State of Wyoming, United States, for the resolution of any disputes arising out of or related to this Agreement or the User's use of the Platform and Services. The User waives any objections to the jurisdiction or venue of such courts, including any claim that the forum is inconvenient. This section does not limit Ufunded.com’s right to seek injunctive relief in any appropriate jurisdiction, including interim or preliminary relief to enforce any right or obligation under this Agreement.

26. GENERAL

26.1 Entire Agreement

This Agreement, together with any policies or documents incorporated by reference, constitutes the entire agreement between the User and Ufunded.com regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral. No oral or written information or advice given by Ufunded.com, its agents, or employees will create a warranty or in any way increase the scope of the obligations under this Agreement.

26.2 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable, reflecting the parties' original intent as closely as possible.

26.3 Waiver

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Ufunded.com to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Ufunded.com.

26.4 Assignment

Ufunded.com may assign, transfer, or delegate this Agreement or any rights or obligations under it to any subsidiary, affiliate, or an entity that is a surviving entity of a merger with, or an entity that succeeds to all or substantially all of Ufunded.com's assets and business, or an entity to which Ufunded.com sells or otherwise transfers all or a material part of its business, or through a general restructuring of corporate assets resulting in successor companies. The User may not assign, transfer, or delegate any rights or obligations arising from this Agreement without the prior written consent of Ufunded.com. Any attempted assignment, transfer, or delegation without such consent will be null and void.

26.5 Headings

The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision. They are included only for ease of reference and do not define, limit, or describe the scope or intent of the provisions they precede.

26.6 Language

This Agreement is written in English. If this Agreement is translated into another language, the English version shall prevail in the event of any conflict or discrepancy between the English version and the translated version. All communications and notices made or given pursuant to this Agreement must be in English.