Legal Documents
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Terms and Conditions
This Bfunded Trading Account Agreement (the “Agreement”) governs rights and obligations in connection with the use of services provided by Bfunded Trading Ltd, offered through the www.bfunded.com website (the “Website”). Please read this Agreement carefully. You are under no obligation to use the Services if you do not agree or understand any portion of this Agreement, nor should you use the Services unless you understand and agree to these Terms.
This Agreement is entered into by you (“you”, “your”, or the “Customer”) and Bfunded Trading Ltd., with its registered office at Maakri 19/2, Tallinn, Estonia, Harjumaa, 10145 (“we”, “our”, or the “Bfunded Trading”). (Bfunded Trading and the Customer, hereinafter each referred to individually as a “Party” and collectively as the “Parties”)
This Agreement is concluded electronically as part of the registration for the Services on the Website. You accept the agreement by clicking, in the user interface of the website, on “Confirm and Proceed to payment”, by which this Agreement shall be concluded. During the registration, you are obligated to truthfully fill in all information about yourself and attach a scan of your identification document if needed, which will allow us to verify your identity. The information must correspond to the information provided by you during the purchase of the Bfunded Account Level. Otherwise, Bfunded Trading may refuse to enter into the Agreement with you. By filling in the information about yourself, you are confirming that all such information is true and accurate to the best of your knowledge at the time.
1. PURPOSE OF THE AGREEMENT
1.1. The purpose of this Agreement is to set out the conditions (i) under which the Customer shall be provided by Bfunded Trading with instruments for demo trading intended for advanced traders, including access to a trading account for demo trading (Bfunded Trading Account); (ii) under which the Customer may perform such demo trades using Bfunded Trading instruments; and (iii) under which the Customer shall be paid a set percentage from successful trading activity. The purpose of this Agreement is also to ensure the Customer's access to the instruments for demo trading provided under this Agreement through the user interface on the Website (the “Trader Portal”), or by the provision of access to applications provided by Bfunded Trading or third parties.
2. SUBJECT-MATTER OF THE AGREEMENT
2.1. The subject matter of this Agreement is Bfunded Trading's obligation to provide the Customer with instruments for demo crypto currency trading in the CRYPTO market or with other instruments in other financial markets, access to trading accounts for demo trading (Bfunded Trading Accounts), analytical instruments, training and educational materials, (if applicable) other accompanying services for advanced traders, to enable the Customer to access and use those services (the “Services”) and, subject to the terms and conditions set out in this Agreement, Bfunded Trading's obligation to pay the Customer a certain financial Profit Payout calculated according to the rules defined in this Agreement (the “Profit Payout”). Within the Services provided, Bfunded Trading shall, in particular, enable the Customer to access the electronic interface in which the Customer shall perform demo trades under this Agreement (the “Bfunded Futures Platform”).
2.2. The Customer further undertakes, when using the Services, and in particular when performing demo trades, to act in accordance with this Agreement, any third parties' terms and conditions, applicable legal regulations, and other rules which the Customer is obligated to adhere to when using the Services.
2.3. The meaning of the definitions, expressions, and abbreviations used in this Agreement can be found in clause 16.
3. CUSTOMER REPRESENTATIONS
3.1. The Customer represents and acknowledges that:
3.1.1. no performance provided by Bfunded Trading to the Customer under this Agreement, including all Services, may be considered as investment services or activities within the meaning of the legal regulations governing, in particular, investment services and capital markets; in particular, Bfunded Trading does not receive or execute in any case, whether directly or indirectly, any trading instructions, does not trade on its own account, does not provide or conduct investment or other advice, research, recommendations or analyses, and does not give or forward to the Customer any trading instructions, does not receive any assets from, or manage any assets for, the Customer, and does not provide any related crypto exchange services;
3.1.2. no employees or other staff or representatives of Bfunded Trading are authorised to provide services within the meaning of Clause 3.1.1;
3.1.3.
all trading that the Customer performs through the Services is simulated only and that the execution of a demo trade within the Services provided shall in no way constitute an instruction to trade in real financial markets or with real currency;
3.1.4.
the funds provided to the Customer for demo trading are not real and that the Customer has no right to deal with them beyond the scope of their use within the Services (in particular that they cannot be used for actual trading), that the Customer is not entitled to withdraw or transfer them, and that Bfunded Trading does not in any circumstances receive any funds or other assets from, or manage any funds or other assets for, the Customer within the Services;
3.1.5. performance with Bfunded Trading is not indicative of trading on real financial markets, and that past performance and demo gains are neither a guarantee nor an indication of any further performance; and
3.1.6. if the Customer's access to the Trader Portal is cancelled, irrespective of the reason for its cancellation, the Customer shall lose access to the Bfunded Trading Account, and thus to the Services, without being entitled to any compensation.
3.2. In case the Customer enters into this Agreement or uses the Services within its business (entrepreneurial) activities within the meaning of applicable laws, the Customer is obligated to notify Bfunded Trading about it and provide Bfunded Trading with Customer's business identifiers.
3.3. In performing this Agreement, the Customer shall comply with all applicable legal regulations and obtain, and maintain the validity of, all permits, licenses, consents, approvals or other acts issued by the competent authorities, which may apply to the Customer's activities under this Agreement, and fulfil all notification, tax, fee or other obligations that may arise in connection with the performance of this Agreement, and in particular with the Profit Payout. The Customer is authorised to access and use the Services only in accordance with the applicable legal regulations and is prohibited from circumventing any technical measures that may limit the availability of the Services in certain countries. In no event shall Bfunded Trading bear any responsibility for the failure of the Customer to fulfil any of its obligations.
3.4. Customer hereby acknowledges that the demo trading account balance has no monetary value and it's only a part of the Services provided to the Customer and Customer has no actual right, title or ownership to the demo trading account balance, and that the Bfunded Trading has all rights, interest and full ownership to demo trading account balance (as part of the Services). The Bfunded Trading Account and any and all rights related to the Services that are granted by the Bfunded Trading to the Customer by virtue of this Agreement are personal to the Customer and cannot be transferred by contract or otherwise, nor are eligible for inheritance.
4. Bfunded Trading Account
4.1. Bfunded Trading shall provide the Customer with access to a trading account for advanced users, which will be linked to access to the Bfunded Futures Platform (the “Bfunded Trading Account”), as part of the Services. The Bfunded Trading Account will always be activated by the performance of the first demo trade.
4.2. Access to the Bfunded Trading Account, and thus also to the Bfunded Futures Platform, is protected by access rights that Bfunded Trading will display in the Trader Portal. In case the Customer becomes entitled to a Profit Payout for the Reference Period, the current access shall expire at the end of the relevant Reference Period. In such a case, Bfunded Trading will provide the Customer with new access without undue delay after Bfunded Trading has verified the legitimacy of the Customer's entitlement to the Profit Payout. THE CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER WILL NOT BE ABLE TO PERFORM DEMO TRADES IN THE PERIOD FROM THE EXPIRATION OF THE PREVIOUS ACCESS UNTIL THE RECEIPT OF NEW ACCESS.
4.3. The Customer shall not make available or provide the access to the Bfunded Trading Account, the Bfunded Futures Platform, or the Trader Portal to any third party. In case the Customer is a legal entity, the Customer may allow its employees or other authorised staff and representatives to access and use the Services. The Customer is responsible for the protection of login data and the Bfunded Trading Account and for all activities that are performed through the Bfunded Traing Account or the Bfunded Futures Platform. The Bfunded Trading shall not be liable, and the Customer is not entitled to any compensation, for any misuse of the Bfunded Trading Account, Bfunded Futures Platform or any part of the Services and for any negative consequences thereof for the Customer, if such misuse occurs for any reasons beyond the control of Bfunded Trading.
4.4. The Customer acknowledges that the Bfunded Futures Platform is provided by Bfunded Trading.
4.5. All data provided by the Customer to Bfunded Trading must be complete, true, and up-to- date. In the event of any change in the Customer's data, the Customer must immediately send a notification to Bfunded Trading from the Customer's registered e-mail address; the notification must be accompanied by documents evidencing the change, if applicable. The Customer is responsible for all the provided data being accurate and up-to-date at all times; Bfunded Trading is not obligated to verify the data.
4.6. The Bfunded Trading Account and the Services may not be available at all times, in particular with respect to their maintenance, upgrades, technical errors, or for any other reason. In particular, Bfunded Trading shall not be liable, and the Customer is not entitled to any compensation, for the unavailability of the Bfunded Trading Account, the Trader Portal, or the Bfunded Futures Platform, for any damages or loss of any data or other content that the Customer uploads, transfers, or saves via the Bfunded Trading Account, the Trader Portal or the Bfunded Futures Platform, or for any Bfunded Trading's interventions or alterations in the Customer's Bfunded Trading Account requested by the Customer. Bfunded Trading may decide at its own discretion to compensate the Customer for the unavailability of the Services originating in technical reasons on the part of Bfunded Trading. The Customer is not entitled to any compensation, and it is entirely at the discretion of Bfunded Trading whether compensation is provided to the Customer and in what form or amount; provided however, the limitation of liability within the meaning of Clause 9 is not to be affected thereby.
4.7. In order to use the Services, the Customer must obtain the appropriate technical equipment and software, including third-party software (e.g. software for the use of the Bfunded Futures Platform), at the Customer's own risk and expense. Bfunded trading does not warrant or guarantee that the Services will be compatible with any specific equipment or software. Bfunded Trading provides no warranty as to the compatibility of the Services with any particular device, program, or add-on.
5. DEMO TRADING
5.1. The Customer will perform demo trades through the Customer's Bfunded Trading Account on the selected Bfunded Futures Platform. During the demo trading on the Bfunded Futures Platform, the Customer may perform any trades, subjectob to the conditions in Clause 5.2, and unless those trades constitute forbidden trading strategies or practises within the meaning of Clause 5.3. You also agree to follow good market standard rules and practices for trading on financial markets (e.g. risk management rules). Restrictions may also be imposed by the terms and conditions of the Bfunded Futures Platform.
5.2. The Customer is obligated to comply with the following parameters in the course of the demo trading under this Agreement for the applicable trading options:
5.2.1. during any Calendar day in the Reference Period, the Customer shall not, at any time, incur a loss from the demo trades opened and closed on that day which would exceed, in addition to the loss or profit currently open on the same day in the Bfunded Trading Account, the percentage of the Trading Account Balance for the respective option as described below:
Type | Trading Account |
Level | all levels |
Condition | in total 5% of the initial trading account balance |
5.2.2. the value of the simulated traading account balance in the Bfunded Trading Account which the Customer uses for the demo trading, including all positions opened in that account, may not at any time during the Reference Period fall below the percentage of the trading account balance for the respective option as described below:
Type | Trading Account |
Level | all levels |
Condition | in total 10% of the initial trading account balance |
5.2.3. the Customer may not perform demo trades at times when specific significant macroeconomic announcements are published that may have a significant impact on the financial instruments with which the Customer performs demo trades, in particular, the Customer may not open or close market positions on the affected instrument in the period of 2 minutes before to 2 minutes after the issuance of the reports and during extraordinary events, of which the Customer shall be notified by e-mail.
5.3. FORBIDDEN TRADING PRACTICES.
5.3.1. DURING THE DEMO TRADING, IT IS PROHIBITED TO:
(a) KNOWINGLY OR UNKNOWINGLY USE TRADING STRATEGIES THAT EXPLOIT ERRORS IN THE SERVICES SUCH AS ERRORS IN THE DISPLAY OF PRICES OR DELAY IN THEIR UPDATES;
(b) PERFORM TRADES USING AN EXTERNAL OR SLOW DATA FEED;
(c) PERFORM, ALONE OR IN CONCERT WITH ANY OTHER PERSONS, INCLUDING BETWEEN CONNECTED ACCOUNTS, OR ACCOUNTS HELD WITH DIFFERENT BFUNDED ENTITIES, TRADES OR COMBINATIONS OF TRADES THE PURPOSE OF WHICH IS TO MANIPULATE TRADING, FOR EXAMPLE BY SIMULTANEOUSLY ENTERING INTO OPPOSITE POSITIONS;
(d) PERFORM TRADES IN CONFLICT WITH THE TERMS AND CONDITIONS OF THE PROVIDER OF THE TRADER PORTAL AND THE TERMS AND CONDITIONS OF THE BFUNDED Futures Platform;
(e) USE ANY SOFTWARE, ARTIFICIAL INTELLIGENCE, ULTRA-HIGH SPEED, OR MASS DATA ENTRY WHICH MIGHT MANIPULATE, ABUSE, OR GIVE YOU AN UNFAIR ADVANTAGE WHEN USING OUR SYSTEMS OR SERVICES; OR
(f) OTHERWISE PERFORM TRADES IN CONTRADICTION WITH HOW TRADING IS ACTUALLY PERFORMED IN THE CRYPTO MARKET OR IN ANY OTHER FINANCIAL MARKET, OR IN A WAY THAT ESTABLISHES JUSTIFIED CONCERNS THAT BFUNDED TRADING MIGHT SUFFER FINANCIAL OR OTHER HARM AS A RESULT OF THE CUSTOMER'S ACTIVITIES.
5.3.2. As our Customer, you should understand and you agree that all our Services are for Customer's personal use only, meaning that only you personally can access your Bfunded Trading Account and perform trades. For that reason, you should not, and you agree not to,
(a) allow access to and trading on your Bfunded Trading Account by any third party nor you shall engage or cooperate with any third party in order to have such third party perform trades for you, whether such third party is a private person or a professional;
(b) access any third party Bfunded Trading Account, trade on behalf of any third party or perform any account management or similar services, where you agree to trade, operate or manage the Bfunded Trading Account on behalf of another user, all whether performed as a professional or otherwise.
Please note that if you act or behave in contradiction with the aforesaid, we will consider such action/behaviour as a Forbidden Trading Practice under this Section 5.3 with respective consequences as perceived under this Agreement.
5.3.3. Furthermore, you shall not exploit the Services by performing trades without applying market standard risk management rules for trading on financial markets, this includes, among others, the following practices (i) opening substantially larger position sizes compared to your other trades, whether on this or any other account of yours, or (ii) opening substantially smaller or larger number of positions compared to your other trades, whether on this or any other account of yours.
The Bfunded Trading reserves the right to determine, at its own discretion, whether certain trades, practices, strategies or situations are Forbidden Trading Practices.
5.4. The results of the Customer's demo trading will always be evaluated by Bfunded Trading for a period of one month, unless the Customer makes the Pay-out Request before the one-month period ends (the “Reference Period”). The Reference Period will always start on the day of the first demo trade in the Bfunded Trading Account and end in one month or at the end of the Profit Split Day (i.e. at 11:59:59 p.m. (hh:mm:ss) of UTC (Coordinated Universal Time) set in Customer's Pay-out Request, if the request was placed in accordance with Section 7.4. For the purpose of calculating the “one month” Reference Period the “one month period” means the end of the day of the following month (i.e. at 11:59:59 p.m. (hh:mm:ss) of UTC (Coordinated Universal Time), which corresponds by its numerical designation to the day on which the Customer performed the first demo trade, or, if no day corresponds by its numerical designation in that calendar month than at the end of the first day of the following calendar month; for example, if the first trading day is 1 January, then the Reference Period will last until 11:59:59 p.m. (hh:mm:ss) of UTC (Coordinated Universal Time), on 1 February; if the first trading day is 30 or 31 January, then the Reference Period will last until 11:59:59 p.m. (hh:mm:ss) of UTC (Coordinated Universal Time), on 1 March).
5.5. The value of the initial demo trading account balance for demo trading under this Agreement (the “Trading Account Balance”), and, where applicable, the currency, risk option, and other parameters that apply to the demo trading under this Agreement, are set out in Schedule A.
5.6. If the Customer becomes entitled to a Profit Payout, the demo trading within the given trading cycle shall be terminated, and all open positions shall be closed. The Customer is obliged to close all trading positions by the end of the Reference Period; if the Customer fails to close positions in time, Bfunded Trading will automatically close all open positions on behalf of the Customer. After verification of the legitimacy of the Customer's entitlement to the Profit Payout, the Customer shall be allowed to start a new trading cycle, and
5.6.1. Bfunded Trading will provide the Customer with new access for the Bfunded Trading Account;
5.6.2. all parameters of the Bfunded Trading Account will be reset to the initial values, including the value of the trading account balance (i.e. in particular all profits and losses shall be annulled), unless the Customer transfers a part of the value in respect of which the Customer is entitled to a payment in the form of a Profit Payout to the next trading cycle in accordance with Clause 7.6.
5.7. If the Customer is not entitled to a Profit Payout at the end of the Reference Period, the Customer will continue with demo trading under the same terms, i.e.
5.7.1. the Reference Period will automatically be extended by another month;
5.7.2. all parameters of the Bfunded Trading Account, including the current amount of the trading account balance with which the Customer performs demo trades, will remain unaffected;
5.8. If the Customer engages in any of the Forbidden Trading Practices described in Clause 5.3, the Customer will lose the right to a Profit Payout for the given Reference Period and, in addition, (i) Bfunded Trading may remove those demo trades that violate the prohibition from the Customer's trading history and/or (ii) not count their results in the profits and/or losses achieved by the demo trading, (iii) and/or to immediately cancel the Customer's Bfunded Trading Account and subsequently terminate this Agreement. In case when some or all Forbidden Trading Practices are executed on one or more Bfunded Trading Accounts of one Customer, or Bfunded Trading Accounts of various Customers, then the Bfunded Trading is entitled to cancel all Bfunded Trading Accounts, and terminate respective agreements, used for or involved in the Forbidden Trading Practices. Bfunded Trading may exercise any and all actions in this Clause 5.8 at its own discretion.
5.9. If any Trading Services' user accounts were used for or were anyhow involved in the Forbidden Trading Practices, this may and will constitute a breach of respective terms and conditions for Trading Services with a third-party provider and may result in cancellation of all such user accounts and termination of respective agreements by the third-party provider.
5.10. Bfunded Trading bears no responsibility for any information displayed on the Bfunded Futures Platform or for any interruptions, delays or inaccuracies in the market or statistical data displayed through the Bfunded Futures Platform or the instruments accessible within the Services provided.
5.11. The Customer shall not, alone or in concert with others, including between connected accounts, or accounts held with different Bfunded entities, perform the same trading strategy, i.e. perform the same trades in the same time, on multiple Bfunded Trading Accounts while performing demo trading with us, unless the total sum of trading account balance on all such Bfunded Trading Accounts is less than USDT 200,000. In case the Bfunded Trading has a reasonable concern that the Customer has not complied with this Clause 5.11, the Bfunded Trading may, at its own discretion and without prior notice (i) permanently decrease the maximum amount of the trading account balanceon each affected Bfunded Trading Account proportionally, in a manner that the total demo trading account balance on all affected Bfunded Trading Accounts shall together amount to a maximum amount of the trading account balance as provided in Clause 5.5 and/or (ii) cancel the concerned Bfunded Trading Accounts and/or (iii) immediately terminate this Agreement.
6. PROCESSING DEMO TRADES DATA
6.1. The Customer acknowledges that Bfunded Trading has access to information about the demo trades that the Customer performs through the Bfunded Futures Platform. The Customer grants Bfunded Trading a consent to share this information with persons/entities that are members of the same group as Bfunded Trading or are otherwise related to it, and grant the Bfunded Trading and those persons consent and authorisation to freely use this information, including, but not limited to, trade all or some of the demo trades in real financial markets or use them in any other manner. The Customer agrees that such activities may be performed automatically, without any further consent, consultation, or approval by the Customer being necessary, without the entitlement to any Profit Payout or yield associated with the use of such data by Bfunded Trading or persons/entities that are members of the same group as Bfunded Trading or are otherwise related to it, and without the Customer's entitlement to information about any specific handling of this information.
6.2. The Customer acknowledges that the amount of the Profit Payout or its payment does not in any case depend on whether or in what manner Bfunded Trading or the persons that are members of the same group as Bfunded Trading use the information about demo trades. The Customer further acknowledges that using the Services under this Agreement is conditional upon granting the consent under this Clause 6. The Customer may however interrupt or terminate the use of the Services at any time; this will however not affect the processing and use of any data obtained earlier.
7. PROFIT PAYOUT
7.1. The Customer's entitlement to the Profit Payout and its amount will depend exclusively on the results of the Customer's demo trading and fulfilment of the parameters set by Bfunded Trading for its payment. The Customer acknowledges that the entitlement or the amount of the Profit Payout does not in any way depend on developments in the real financial markets or on the value that the demo trades would have in the real financial markets.
7.2. The Customer will only become entitled to the Profit Payout if the Customer meets all the conditions for demo trading set out in this Agreement, in particular if the Customer meets all the parameters set out in Clause 5.2 in the Reference Period, at the end of the Reference Period, the difference between the value of the remaining balance of the demo trading account balance
in the Customer's Bfunded Trading Account (in which no positions are opened) and the value of the trading account balance is positive (the “Profit”), and if, the invoice is duly issued. If the Customer does not achieve a Profit at the end of the Reference Period, the Customer will not be entitled to any Profit Payout for the given Reference Period. For the purposes of determining the Customer's entitlement to the Profit Payout, only the Customer's results achieved within the Customer's demo trades in the Bfunded Trading Account will be taken into account.
7.3. The amount of the Profit Payout is 70% of the Profit. In case a Roll-over Profit Payout is included in the Profit, whether in full or in part, the Profit Payout shall be calculated as follows: (100% of the part of the Profit that equals amount of the Roll-over Profit Payout) + (70% of the Profit less the amount of the Roll-over Profit Payout). The amount of the Profit Payout determined as stated above is final and includes all taxes, whether direct or indirect, including VAT (Value Added Tax), GST (Goods and Services Tax), or similar taxes, levies and fees, which may apply to it under the relevant legal regulations. The Customer is solely responsible and liable for the payment of any and all taxes, whether direct or indirect, including VAT (Value Added Tax), GST (Goods and Services Tax), or similar taxes, levies or fees that apply to the Customer in relation to this Agreement under the applicable laws and acknowledges and agrees that Bfunded Trading shall not be liable for any such obligations of the Customer. The currency of the Profit Payout and the payment of the Profit Payout to the Customer will be the same as the currency of the trading account balance of the Customer's Bfunded Trading Account. The following clauses are included only to provide examples of calculation of the Profit Payout:
7.3.1. For example, the following situation may arise under this Agreement: If the Customer's trading account balance corresponds to a demo amount of USDT 100,000 and the Customer begins trading on 6 June 2025 and, after a month, i.e. on 6 July 2025, the Customer has a demo amount of USDT 200,000 in the Bfunded Trading Account, the Customer shall become entitled to a Profit Payout of USDT 70,000 (i.e. 70% of USDT 100,000 [USDT 200,000 minus USDT 100,000] equals USDT 70,000).
7.3.2. However, also the following situation may arise under this Agreement: If the Customer's trading account balance corresponds to a demo amount of USDT 100,000 and the Customer begins trading on 6 June 2025 and, after a month, i.e. on 6 July 2025, the Customer has a demo amount of USDT 92,000 in the Bfunded Trading Account, the Customer's entitlement to the Profit Payout will correspond to USDT 0 (70% of the negative value of [USDT 92,000 minus USDT 100,000] equals USDT 0 for the purpose of calculating the Profit Payout).
7.3.3. Furthermore, also the following situation may arise, if Roll-over Profit Payout is utilized by the Customer: If the Customer's trading account balance corresponds to a demo amount of USDT 100,000, the Customer utilized the Roll-over Profit Payout of USDT 10,000, and the Customer begins trading on 6 June 2025 and, after a month, i.e. on 6 July 2025, the Customer has a demo amount of USDT 200,000 in the Bfunded Trading Account, the Customer shall become entitled to a Profit Payout of USDT 73,000 (i.e. 100% of USDT 10,000 plus [70% of USDT 90,000 (USDT 200,000 minus USDT 100,000 minus USDT 10,000) is USDT 63,000] equals to USDT 73,000).
The amount of the Profit Payout may be increased in accordance with the terms of the Scaling Plan, if applicable, in which case this provision shall apply accordingly.
7.4.
Pay-out. The payment of the Profit Payout is automatic upon the end of the Reference Period, if conditions are met (including if the Pay-out Request by the Customer is made). The Customer may place its Pay-out Request and set the Profit Split Day via technical means in the Trader Portal during the Reference Period. The Pay-out Request can be made on the last day of the one-month Reference Period at the latest, otherwise the Reference Period ends. The Profit Split Day can be set in the following time range: (i) at the earliest after fourteen Calendar days from the start of trading, ie. on the 15th day of the Reference Period and (ii) at the latest on the 60th day of the Reference Period. Once the Pay-out Request is placed, the Customer is allowed to make up to two changes to the Profit Split Day. The last day, when changes to the Profit Split Day are allowed is the day before the Profit Split Day.
7.5. If the Customer generates a Profit in the Reference Period, Bfunded Trading will verify the legitimacy of the Customer's entitlement to the Profit Payout, calculate it and communicate the result to the Customer via Trader Portal. Based on this communication, the Customer shall state on the prescribed form to be provided by Bfunded Trading what part of the Profit Payout the Customer wishes to be paid, how the Customer wishes the Profit Payout to be paid, and other mandatory information, and shall upload the form via the Trader Portal.
7.6. If the Customer states that the Customer wishes to only be paid a part of the Profit Payout, only the Profit Payout in the amount specified in the form will be paid out. The unpaid portion of the Profit Payout will remain available at the given amount to the Customer in the form of demo trading account balance and will be added to the trading account balance for further demo trading in the next Reference Period (the “Roll-over Profit Payout”). The Customer cannot change this option after submitting the form. However, the Customer hereby acknowledges that the Roll-over Profit Payout remains part of the demo trading account balance and, therefore, it will only be used for further demo trading in accordance with this Agreement and is subject to all conditions of demo trading set forth herein. For the purpose of calculating parameters of maximum loss as per Clauses 5.2.1 and 5.2.2, the Roll-over Profit Payout shall be omitted (ie. loss as per Clauses 5.2.1 and 5.2.2 shall be calculated based on the amount of the trading account balance without considering the amount of the Roll-over Profit Payout). For the avoidance of doubt, the Parties understand and agree that any unpaid portion of the Profit Payout has no monetary value and only represents demo trading account balance at all times.
7.7. The Profit Payout will be paid to the Customer on the basis of a tax document – invoice. The data on the invoice shall always correspond to the information provided by the Customer in the form specified in Clause 7.5; otherwise, Bfunded Trading is not obligated to pay the Profit Payout. The Customer is always responsible for the correctness of the invoice and its compliance with the relevant legal regulations, irrespective of the method of its issuance. The invoice will be issued by Bfunded Trading on behalf of the Customer (self-billing mechanism) on the basis of authorisation by the Customer or directly by the Customer, if the authorisation is revoked, as further detailed in Clause 7.7.1 and 7.7.2.
7.7.1. Self-billing. The Customer hereby authorises Bfunded Trading to repeatedly issue electronic invoices for the payment of the Profit Payout on behalf of the Customer until such authorisation is revoked. The Customer may be requested to confirm this authorisation in the Trader Portal. The Customer shall comply with the following:
(a) The Customer must communicate to Bfunded Trading, no later than upon the first submission of the form specified in Clause 7.5, all data necessary for the issuance of an invoice in the form that will meet all the requisites set out by the relevant legal regulations, and in the event of any change in these data or requisites, promptly notify Bfunded Trading thereof; the notification must be accompanied by documents evidencing the change, if applicable;
(b) If the Customer fails to fulfil the obligations as per the previous paragraph, the Customer may not use the procedure for issuing invoices under this Clause 7.7.1; if the Customer fulfils the obligation under the previous sentence, the invoice will always be issued by Bfunded Trading on behalf of the Customer, unless the Customer revokes the authorisation by e-mail or via Trader Portal. A revocation made during a Reference Period is effective from the start of the following Reference Period. Any invoice issued directly by the Customer and send to Bfunded Trading while the authorisation to issue invoices on behalf of the Customer by Bfunded Trading is effective will be disregarded by Bfunded Trading.
(c) Invoices will be issued automatically no later than 7 Calendar days from the date on which Bfunded Trading receives the form under Clause 7.5 from the Customer. The invoices will be due in 14 days.
(d) If an invoice does not contain the requisites set out by the relevant legal regulations, the Customer may notify Bfunded Trading thereof within 10 Calendar days from the date of receipt of the invoice, stating the specific deficiencies and quantification of the applicable taxes and fees, and request a corrected invoice. After that period, Bfunded Trading is not obligated to correct invoices. Bfunded Trading will send a corrected invoice to the Customer within 10 Calendar days from the date of receipt of a relevant timely notification from the Customer. In such a case, the maturity period of the invoice will be interrupted and a new maturity period will begin upon the issuance of a corrected invoice. The Customer is responsible for the content of the invoice so issued and must check the accuracy of the data immediately upon receipt of the issued invoice.
7.7.2. In case the Customer revokes the authorisation for Bfunded Trading to issue invoices under Clause 7.7.1 by e-mail or via Trader Portal, the Customer shall issue the invoice itself. In such case, the Customer shall upload the invoice in an electronic form via the Client Area or send it to Bfunded Trading to the following e-mail address: support@bfunded.com. The maturity period of any invoice issued by the Customer must be at least 14 days from its delivery to Bfunded Trading. If an invoice issued by the Customer does not contain the requisites of a tax document under the relevant legal regulations, Bfunded Trading may return it to the Customer to correct the errors and complete the data within 10 Calendar days from the date on which Bfunded received the invoice. In such a case, the maturity period of the invoice will be interrupted and a new maturity period shall begin upon the delivery of the corrected faultless invoice to Bfunded Trading.
7.8. Bfunded Trading will pay the Profit Payout(s) in the manner specified by the Customer in the form under Clause 7.5 by wireless transfer to the Customer's account, which the Customer shall state in the form under Clause 7.5, or by any other payment method accepted by Bfunded Trading. All fees and costs of effecting the payment charged to the Customer (e.g. charged by a payment provider) are borne by the Customer.
8. USE OF THE SERVICES AND OTHER CONTENT
8.1. All Services, including the Bfunded Trading Account, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples and other content that may form the Services (including the Bfunded Trading Account), including any such content located on social networks of Bfunded Trading or persons/entities that are members of the same group as Bfunded Trading (the “Content”), are subject to legal protection under the legal regulations concerning copyright protection and other legal regulations, and are the property of Bfunded Trading or Bfunded Trading's licensors. Bfunded Trading grants the Customer a limited, non-exclusive, non-transferable, non-assignable, non-passable, and revocable permission to use the Content for the purpose of using the Services for the Customer's personal use and in accordance with the purpose for which the Services are provided. The Content is not sold or otherwise transferred to the Customer and remains the property of Bfunded Trading or its licensors.
8.2. All trademarks, logos, trade names, and other designations are the property of Bfunded Trading or Bfunded Trading's licensors and Bfunded Trading does not grant the Customer any right to use them, unless explicitly permitted in a written form.
8.3. Both the Customer and Bfunded Trading undertake to act in accordance with the principles of fair dealing in the performance of the Agreement and in mutual interactions and, in particular, not to damage the good reputation and legitimate interests of the other party. The Customer and Bfunded Trading shall resolve any possible disagreements or disputes between them in accordance with this Agreement and the applicable legal regulations.
8.4. Bfunded Trading, its affiliates or licensors, own and retain all rights, title and interest to the Services, Bfunded Futures Platform or any software provided hereunder or any part thereof, including all intellectual property rights thereto. Except for the rights expressly set out in this Agreement, Bfunded Trading does not grant the Customer any other rights relating to the Services and other Content. The Customer may only use the Services and other Content as set out in this Agreement.
8.5. When accessing the Services and other Content, it is prohibited to:
8.5.1. use any instruments that may adversely affect the operation of the Website and Services or that would be intended to misuse any errors, bugs, or other deficiencies of the Website and Services;
8.5.2. circumvent geographical restrictions of availability or any other technical restrictions;
8.5.3. make copies or back-ups of the Website and other Content;
8.5.4. reverse-engineer, decompile, disassemble, or otherwise modify the Website and other Content;
8.5.5. sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast, or use the Services or other Content otherwise than as permitted;
8.5.6. use automated means to view, display, or collect information available through the Website or Services; and
8.5.7. use any other instruments or means the use of which could cause any harm to Bfunded Trading.
8.6. If the Customer finds out that the Services or any other Content contain errors, bugs, or other deficiencies, the Customer shall notify Bfunded Trading thereof without undue delay in writing.
8.7. If the Customer violates any restriction or prohibition under Clause 8, the Customer is obligated to indemnify Bfunded Trading or companies that are members of the same group as Bfunded Trading, or their customers, employees, members of governing bodies, shareholders, business partners, licensors of these persons or any cooperating persons (the “Indemnified Persons”), for, and hold them harmless from, any claims of third parties against the Indemnified Persons to the extent of any claims made or lawsuits filed by a third party on the basis of which the third party alleges that the rights of that third party have been violated or that the applicable law is violated in connection with the Customer's conduct, and the Customer shall pay all damages, including lost profits, costs of legal proceedings, and legal representation and other financial or non-financial claims arising from the claims or lawsuits of that third party.
9. LIMITATION OF LIABILITY
9.1. THE CUSTOMER ACKNOWLEDGES THAT THE SERVICES AND OTHER CONTENT ARE PROVIDED “AS IS” WITH ALL THEIR ERRORS, DEFECTS, AND SHORTCOMINGS, AND THAT THEIR USE IS AT THE CUSTOMER'S SOLE RESPONSIBILITY AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY THE MANDATORY LEGAL REGULATIONS, Bfunded TRADING DISCLAIMS ANY STATUTORY, CONTRACTUAL, EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY RIGHTS.
9.2. TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF THE APPLICABLE LEGAL REGULATIONS, Bfunded TRADING IS NOT RESPONSIBLE FOR ANY HARM, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGE, INCLUDING LOST PROFIT, LOSS OF DATA, PERSONAL OR OTHER NON-MONETARY HARM OR PROPERTY DAMAGE CAUSED AS A RESULT OF USE OF THE SERVICES OR RELIANCE ON ANY INSTRUMENT, FUNCTIONALITY, INFORMATION, OR ANY OTHER CONTENT AVAILABLE IN CONNECTION WITH THE USE OF THE SERVICES OR ELSEWHERE ON THE WEBSITE. Bfunded TRADING IS NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES, APPLICATIONS OR OTHER CONTENT OF THIRD PARTIES THAT THE CUSTOMER USES IN CONNECTION WITH THE SERVICES. IN CASE THE Bfunded TRADING'S RESPONSIBILITY IS INFERRED BY A COURT OF JUSTICE OR ANY OTHER COMPETENT AUTHORITY IN CONNECTION WITH THE OPERATION OF THE WEBSITE OR PROVISION OF THE SERVICES, THIS RESPONSIBILITY SHALL BE LIMITED TO A MAXIMUM AMOUNT OF USD 10,000.
9.3. Bfunded Trading reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.
9.4. Bfunded Trading is not responsible for its failure to provide the Services if that failure occurs due to serious technical or operational reasons beyond Bfunded's control, in the case of any crisis or imminent crisis, natural disaster, war, insurrection, pandemic, a threat to a large number of people, or any other force majeure event, and/or if Bfunded Trading is prevented from providing the Services as a result of any obligations imposed by a legal regulation or a decision of a public authority.
9.5. Should any information or statement of any employee or other staff or representatives of Bfunded Trading be interpreted as investment advice or recommendation, Bfunded Trading is not responsible for such information or statement.
9.6. Bfunded Trading bears no responsibility for trading or other investment activities performed by the Customer outside the relationship with Bfunded Trading, for example by using data or other information from the Bfunded Trading Account, Bfunded Futures Platform or otherwise related to the Services in real trading in financial markets, not even if the Customer uses for such trading the same Bfunded Futures Platform that the Customer has selected for demo trading.
10. CONFIDENTIALITY
10.1. The Customer is obligated to maintain confidentiality regarding the terms and conditions of this Agreement, the existence of this Agreement, the manner in which the Services are provided, the content of communication with Bfunded Trading, all information that may constitute trade secrets, including know-how, and any information made available to the Customer by Bfunded Trading which is designated as confidential or which is to be considered as confidential by reason of the nature of the information and the circumstances in which it was disclosed (the “Confidential Information”).
10.2. The obligation to protect the Confidential Information under Clause 10 shall not apply to cases where (i) the information is publicly available or known at the time of its use or disclosure, unless its public availability or knowledge was due to a breach of a legal or contractual obligation; or (ii) the obligation to disclose the Confidential Information is required by law or any other legal regulation or based on a final decision of a court, arbitration body or administrative body.
10.3. The Customer undertakes to comply with the obligations under this Clause 10 without any time limit also after the termination of the Agreement.
11. COMMUNICATION
11.1. All communication made by Bfunded Trading or its partners in connection with the performance of this Agreement will take place via the registered e-mail address of the Customer, which the Customer must notify to Bfunded Trading.
11.2. All communication from the Customer in connection with the performance of this Agreement must take place via the following contact e-mail address of Bfunded Trading: support@bfunded.com, or shall be sent in writing to the following contact address: Maakri 19/2, Tallinn, Estonia, Harjumaa, 10145.
11.3. Written communication also includes written electronic communication by e-mail.
12. DURATION AND AMENDMENTS OF THE AGREEMENT
12.1. This Agreement is concluded for an indefinite period of time. This Agreement, however, terminates automatically, when the Customer fails to comply with one or more parameters as provided in Clause 5.2 or one of the Parties terminates this Agreement in accordance with this Clause 12.
12.2. Either Party may terminate this Agreement without specifying any reason by serving a written notice in accordance with Clause 11 on the other Party, with effect from the date of delivery of the notice. In such a case, the Bfunded Trading Account will be cancelled immediately and all trades will be closed.
12.3. Upon termination of the Agreement, the Customer may become entitled to a Profit Payout for the current Reference Period or part thereof. In such a case, the Reference Period will end on the day of cancellation of the Bfunded Trading Account, on which all trades shall also be closed. Clause 7 of this Agreement shall respectively apply to the calculation of the Profit Payout. In the events listed in Clause 12.4, the provisions of this Clause 12.3 shall not apply and the Customer will not be entitled to the Profit Payout.
12.4. The Customer is not entitled to the Profit Payout or a proportional part thereof in cases where Bfunded Trading terminates this Agreement for any of the following reasons:
12.4.1. any representation of the Customer given in Clause 3.1 proves to be untrue;
12.4.2. the Customer grossly violates any provision of this Agreement.
In particular, a repeated breach of any provision of the Agreement (i.e. more than three times) shall be considered a gross breach of the Agreement. The following (even if only one-off) violations shall also be considered gross violations: if the Customer accesses the Services in violation of Clause 3.3, if the Customer provides incomplete, untrue or outdated information in violation of Clause 4.5, if the Customer engages in any of the Forbidden Trading Practices described in Clause 5.3, if the Customer engages in any of the activities listed in Clause 8.5, if the Customer acts in violation of Clause 8.3, and/or if the Customer violates the confidentiality obligation under Clause 10.
12.5. Given that the provision of the Services requires active access of the Customer to the Trader Portal, this Agreement shall also be terminated at the moment when the Customer loses access to the Trader Portal, which is provided by a third party, irrespective of the reason for such loss. In such a case, Clause 12.3 shall apply regarding the entitlement to the Profit Payout.
12.6. Upon termination of this Agreement, the Customer shall return to Bfunded Trading all documents, instruments, electronic, or other storage media, or any other means lent to the Customer by Bfunded Trading and containing information about the activities of Bfunded. The Customer may not make any copies of the means mentioned in the previous sentence.
12.7. If, as a result of a change in legislation or the practice of the relevant supervisory authorities, or as a result of a change in legal interpretation, a need arises to regulate the legal relationship established by this Agreement differently from a material or formal point of view, the Customer and Bfunded Trading undertake to conclude an amendment to this Agreement or to replace this Agreement with a new agreement to meet any such need(s). If no such agreement is reached or the situation according to the previous sentence does not allow it or a decision of the relevant supervisory authority orders the termination of this Agreement, Bfunded Trading may withdraw from this Agreement with immediate effect. In such a case, the Customer shall have no claims against Bfunded due to the termination of the Agreement.
13. CHOICE OF LAW AND JURISDICTION
13.1. Any legal relations established by this Agreement or related to it, as well as any related non-contractual legal relations, shall be governed by the laws of Estonia without regard for its conflict of laws provisions. Any dispute that may arise in connection with this Agreement and/or any related agreements shall fall within the jurisdiction of the Estonian court having local jurisdiction according to the registered office of Bfunded Trading.
14. CONSUMER INFORMATION
14.1. Nothing in this Agreement is intended to deprive the Customer who concludes this Agreement or uses the Services as a consumer of the protection afforded by the mandatory laws of a Member State of the European Union or any other jurisdiction. The provisions of this Clause 14 apply only to Customers who conclude this Agreement or use the Services as consumers.
14.2. If the Services are not provided or do not correspond to what has been agreed, the Customer may file a complaint by sending an email to support@bfunded.com. Bfunded Trading will resolve the complaint as soon as possible, no later than within 30 Calendar days, and will confirm its receipt and settlement to the Customer in writing.
14.3. Clauses 14.3 and 14.4 apply only to a consumer who is at the same time an EU resident. The Customer has the right to withdraw from the Agreement without giving a reason within 14 days of its conclusion by sending a notice to support@bfunded.com. Bfunded Trading will confirm the receipt of the request to the Customer in text form without undue delay. If the Customer starts performing demo trades before the expiry of the specified time limit, the Customer expressly asks Bfunded Trading to provide the services before the expiry of the period for withdrawal, as a result of which the Customer loses its rights to withdraw from the Agreement.
14.4. The Estonian Consumer Disputes Committee (Tarbijavaidluste komisjon), with its registered office at Endla 10 a, 10122 identification no.: 7003218, this website is responsible for the out-of-court settlement of consumer disputes. You can also use the platform at the following website to resolve disputes online.
15. FINAL PROVISIONS
15.1. Bfunded Trading undertakes to process personal data in accordance with the Privacy Policy. If the Customer is a legal entity, the Customer is obligated to acquaint with those documents the individuals to whom the Customer allows the use of the Bfunded Trading Account and/or the Bfunded Futures Platform under the conditions set out in this Agreement.
15.2. Nothing in this Agreement is intended to limit any legal claims set out elsewhere in this Agreement or arising from the applicable legal regulations. If Bfunded Trading or any third party authorised thereto does not enforce the compliance with this Agreement, this shall in no way be construed as a waiver of any right or claim.
15.3. Bfunded Trading may assign any claim arising to it under this Agreement or any agreement to a third party without the Customer's consent. The Customer agrees that Bfunded Trading may, as the assignor, transfer its rights and obligations under this Agreement or any agreement (or any parts thereof) to a third party. The Customer may not transfer or assign the Customer's rights and obligations under this Agreement or any other agreement (or any parts thereof) or any receivables arising therefrom, in whole or in part, to any third party.
15.4. If any provision of the Agreement is found to be invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. No past or future practice established between the Parties and no custom maintained in general or in the industry relating to the subject-matter of the performance which is not expressly referred to in the Agreement shall be applied and no rights and obligations shall be derived from them for the Parties, and, in addition, they shall not be taken into account in the interpretation of manifestations of the will of the Parties.
15.5. This Agreement constitutes the entire agreement on the subject matter of this Agreement concluded between Bfunded Trading and the Customer and supersedes all prior agreements relating to the subject matter of the Agreement, whether verbal or written.
15.6. Prior to the mutual acceptance of this Agreement, the Parties have carefully assessed the possible risks arising from it and accept those risks. The Customer assumes the risk of a change of circumstances.
15.7. References to clauses and schedules used in this Agreement are references to clauses and schedules of this Agreement. The schedules to the Agreement form integral parts of the Agreement. In the event of any conflict between the wording of the body of the Agreement and any of its schedules, the body of the Agreement shall prevail. This Agreement has the following schedules:
— Schedule A – Demo Trading Parameters
16. DEFINITIONS, EXPRESSIONS AND ABBREVIATIONS USED
16.1. For the purposes of the Agreement, the following definitions shall have the following meanings:
16.1.1. „Agreement“ means this Bfunded Trading Account Agreement (as set out in the introductory provisions);
16.1.2. “Calendar day” means every full 24 hours calendar day, including weekends and public holiday, of the UTC (Coordinated Universal Time);
16.1.3. „Trading Account Balance“ means the value of the initial demo trading account balance for demo trading under Agreement (as set out in Clause 5.5);
16.1.4. „Trader Portal“ means the user interface on the Website (as set out in Clause 1.1)
16.1.5. „Confidential Information“ means the terms and conditions of this Agreement, this Agreement, information on the manner in which the Services are provided, the content of communication with Bfunded Trading, all information that may constitute trade secrets, including know-how, and any information made available to the Customer by Bfunded Trading which is designated as confidential or which is to be considered as confidential by reason of the nature of the information and the circumstances in which it was disclosed (as set out in Clause 10.1);
16.1.6. „Content“ means all Services, including the Bfunded Trading Account, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples and other content that may form the Services (including the Bfunded Trading Account), including any such content located on social networks of Bfunded Trading or persons/entities that are members of the same group as Bfunded Trading (as set out in Clause 8.1);
16.1.7. „Customer“ or „you“, „yours“ means a natural person or an entity that enters into the Agreement with Bfunded Trading (as set out in the introductory provisions);
16.1.8. „Bfunded Trading Account“ trading account for advanced users, which will be linked to access to the Bfunded Futures Platform (as set out in Clause 4.1);
16.1.9. „Bfunded Trading“ or “we”, “our” means company Bfunded Trading Ltd., with its registered office at Maakri 19/2, Tallinn, Estonia, Harjumaa, 10145 (as set out in the introductory provisions);
16.1.10. “Forbidden Trading Practices” means trading practices and strategies use of which is strictly prohibited, while using our Services, and as more detailed in Section 5.3;
16.1.11. „Indemnified Persons“ means companies that are members of the same group as Bfunded Trading, or their customers, employees, members of governing bodies, shareholders, business partners, licensors of these persons or any cooperating persons (as set out in Clause 8.7);
16.1.12. „Party“ means Bfunded Trading or the Customer individually and „Parties“ means Bfunded Trading and the Customer collectively (as set out in the introductory provisions);
16.1.14. “Pay-out Request” means a request for payout of the Profit Payout and setting a Profit Split Day by the Customer through the Trader Portal as detailed in Section 7.4;
16.1.15. „Profit“ means the positive difference between the value of the remaining balance of the trading account balance in the Customer's Bfunded Trading Account (in which no positions are opened) and the value of the trading account balance (as set out in Clause 7.2);
16.1.16. “Profit Split Day” means a last day of trading (and of the Reference Period) set by the Customer in the Pay-out Request;
16.1.17. „Reference Period“ means a period during which the results of the Customer's demo trading will be evaluated by Bfunded Trading (as set out in Clause 5.4);
16.1.18. „Profit Payout“ means a certain financial Profit Payout calculated according to the rules defined in this Agreement (as set out in Clause 2.1);
16.1.19. „Roll-over Profit Payout“ means the unpaid portion of the Profit Payout that will remain available at the given amount to the Customer in the form of demo trading account balance and will be added to the trading account balance for further demo trading in the next Reference Period (as set out in Clause 7.6);
16.1.20. „Services“ means the provision of instruments for demo cryptocurrency trading in the CRYPTO market or with other instruments in other financial markets, access to trading accounts for demo trading (Bfunded Trading Accounts), analytical instruments, training and educational materials, (if applicable) other accompanying services for advanced traders (as set out in Clause 2.1);
16.1.21. „Bfunded Futures Platfom means the electronic interface in which the Customer shall perform demo trades (as set out in Clause 2.1);
16.1.22. „Website“ means the www.bfunded.com website (as set out in the introductory provisions).
16.2. For the purposes of the Agreement, the following expressions and abbreviations shall have the following meanings:
16.2.1. “EUR” means the euro;
16.2.2. “GBP” means the GREAT BRITISH POUND;
16.2.3. “USDT” means the United States doll
16.2.4. “USD” means the United States dollar;
SCHEDULE A
DEMO TRADING PARAMETERS
Bfunded Trading Account with an initial trading account balance of 100 USDT to Bfunded Trading Account with an initial trading account balance of 300,000 USDT