Effective Date: August 25, 2024
END USER AGREEMENT
BY SELECTING A CHECKBOX TO INDICATE ACCEPTANCE, EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS AND CONDITIONS, OR BY USING OR ACCESSING THE SERVICES PROVIDED BY TICKFUNDING.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THIS “AGREEMENT”). IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND ARE PROHIBITED FROM USING THE SERVICES OFFERED BY THE COMPANY.
This Agreement, made between you (“Customer”) and Tickfunding.com (“The Company”), becomes effective on the date of your acceptance (the “Effective Date”) and governs your use of the services outlined in this document. The Company reserves the right to amend or modify parts of this Agreement at any time. Any changes will be posted on the Company’s website with an update to the revision date at the top of the page. Changes will typically become effective no earlier than thirty (30) days after posting, but changes for new service functions or legal compliance may take effect immediately. Your continued use of the Services after such changes indicates your acceptance of the new terms. Both the Company and the Customer are individually referred to as a “Party” and collectively as the “Parties.” Your use of the Services is subject to this Agreement and all related terms, agreements, and policies referenced herein. By accepting this Agreement, you also agree to these additional terms, agreements, and policies.
ARTICLE 1: AGREEMENT OVERVIEW AND ACCEPTANCE OF TERMS
1.1 This End User Agreement (“Agreement”) forms a binding contract between you (“the Customer”) and Tickfunding.com (“The Company”). It regulates your access to our Services, encompassing, but not limited to, account setup, utilization of our platform, and the mechanics of rewards and payouts. Your engagement with our Services implies your comprehension and agreement to abide by this Agreement.
1.2 By utilizing our Services, you affirm that you are at least 18 years old, the minimum age for entering into contracts, and possess the legal capacity to agree to this Agreement.
1.3 This Agreement comprehensively governs your interactions with the Company, including your use of our platform, participation in activities, entitlement to rewards, and adherence to tax and legal obligations.
1.4 We reserve the right to amend this Agreement as needed. Any changes will take effect in the user agreement. Your continued use of our Services signifies your acceptance of these changes.
1.5 We advise regular review of this Agreement for awareness of modifications. For inquiries or clarifications, our customer support team is available, dedicated to assisting you in understanding and adhering to this Agreement’s terms.
1.6 This Agreement is segmented into Articles, each addressing specific facets of our Services. These Articles detail your rights and responsibilities, the reward system, and dispute resolution procedures. Please review each Article thoroughly to ensure understanding of the stipulations.
ARTICLE 2: DEFINITIONS AND INTERPRETATIONS
2.1 Within this Agreement, the terms below are defined as follows for clarity and specific meaning:
(a) Platform: Our proprietary platform, specifically designed to facilitate Synthetic Trading and can be accessed exclusively at Tickfunding.com.
(b) Payout: This term refers to the cash reward you are eligible to receive based on your performance in Synthetic Trading activities. The disbursement of these rewards is as per the set criteria by the Company.
(c) Package: The entry fee or ticket required to access to different amounts of Fictitious Capital and varied trading conditions on the platform.
(d) Trading (In Context of Agreement): In this Agreement, ‘trading’ specifically denotes engaging in Synthetic Trading activities using the Trading Platform.
(e) Account Size: The amount of Fictitious Capital allocated to your account upon purchasing a Package. This capital sets the scale of your trading activities on the platform.
(f) Maximum Drawdown: A predefined limit on the Fictitious Capital loss that your account can sustain. This threshold is designed to educate the User in managing risk..
(g) Profit: Theoretical gains are calculated based on your Trading. These fictitious profits are measured by Account Size growth, based on performance within the Platform, and serve as a measure of trading efficacy. Profit is rewarded with Rewards to encourage and reinforce this behavior.
(h) Synthetic Trading: This involves trading activities within a simulated environment on our Platform. These activities do not occur in real markets, and thus, the resulting profits and losses are theoretical, intended solely for simulating real-world trading scenarios. The data feed used in the platform is actual, to best reflect a real trading experience.
(i) Fictitious Capital: These are virtual funds allocated to your Account for engaging in Synthetic Trading. It’s crucial to understand that this capital is fictitious, serving to simulate trading experiences.
(j) Services: Encompasses all offerings by the Company, including but not limited to access to the Trading Platform, participation in Synthetic Trading, and involvement in trading contests with accompanying prizes.
(k) Environment: The simulated setting within the Trading Platform where Synthetic Trading takes place.
(l) No-Refund Policy: Once a Package is purchased, the entry fee is non-refundable and neither is eligible for payout, as per this policy.
(m) Content & Prizes: Pertains to the trading contests hosted on the Trading Platform, detailing the disclosure of winners and the value of prizes awarded.
(n) User Activity Oversight: Indicates the company’s monitoring of user activity on the platform to prevent exploitation, including the use and sharing of data from executed positions.
(o) Compliance with Regulatory Bodies: Our adherence to guidelines set by various financial regulatory bodies, with the clarification that the Company is not directly regulated by these entities.
(p) Termination of Services: Specifies conditions under which the company may terminate a user’s account, including cheating or posing a risk to the company.
2.2 Interpretation Rules:
(a) Words in singular form shall include their plural forms, and vice versa.
(b) Terms denoting a specific gender shall be interpreted as inclusive of all genders.
(c) The term ‘person’ encompasses individuals, partnerships, corporations, and other legal entities.
(d) References to legal statutes include their amendments, updates, or replacements.
(e) Titles and subtitles in this Agreement serve solely for ease of reference and shall not influence the interpretation of any clause herein.
(f) References to any Article or Schedule are to be understood as pertaining to those within this Agreement.
ARTICLE 3: SERVICES AND SCOPE
3.1 By using the Company’s Services, the Customer agrees to the terms of this Agreement, which govern the provision of Services including Synthetic Trading and the use of the Trading Platform.
3.2 Our primary Services include providing access to the Trading Platform for Synthetic Trading and administering the Payout system based on the Customer’s trading performance with Fictitious Capital in a simulated Environment.
3.4 The Services focus on Synthetic Trading and do not involve real financial transactions. However, it should be noted that the entry fee for participation and the Rewards (cash-prizes) are real financial transactions. Payouts are based on performance within our provided trading environment, which is closely tied to real-world market movements; however, orders are executed only within our internal environment. Any profits or losses are, therefore, theoretical and simulated.
3.5 Customers are required to provide accurate personal information for their account on the platform. Additional information, such as financial details for payouts, and identity verification, may be requested for compliance purposes.
3.6 Customers must use the Services legally and are responsible for their trading decisions in the environment. The Company does not offer investment advice.
3.7 The Company is not liable for any losses or damages resulting from the use of the Services, including those caused by technical issues or unforeseen events affecting the Trading Platform.
3.8 Customers intending to use the Services for business purposes must inform the Company in electronic writing and undergo a pre-approval process. Approval is at the Company’s discretion. Until such approval is granted, use of the Services is considered personal. If the usage is determined to be non-personal without requisite approval, the Company reserves the right to terminate the account or withhold any payout requests.
3.9 Services are not available to Customers 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 United States Person as defined by the United States Internal Revenue Service or a resident of any forbidden countries.
3.10 The Company reserves the right to refuse, restrict, or terminate Service provision to any Customer, particularly those from Restricted Jurisdictions or involved in prohibited activities.
3.11 Mission Statement and Regulatory Compliance:
3.11.1 Our company is dedicated to creating a Paradigm shift in trading, by providing a creative educational investor experience to equip users with the skills and confidence needed to ultimately engage in the financial markets. We do this by offering an innovative synthetic trading platform, equipped with intuitive tools, designed to enhance users abilities to subsequently navigate the financial market. Users gain entry by purchasing a package, consisting of fictitious capital. Users are thus able to learn without actual monetary exposure.This risk-free, gamified setting is fundamental to our approach, where performance rewards, in the form of payouts, are integral. The rewards are not merely incentives, they are crucial to ensure serious engagement and to therefore maximize the educational value, encouraging proficiency.
3.11.2 We diligently strive to align with regulations and regulatory bodies, which are ongoing and may not be conclusive at this time. In the current landscape, our company needs not be regulated by any financial regulatory agency, due to the nature of the services we provide. We are not a broker, nor an exchange. We do not take deposits, users cannot make withdrawals and we are not executing orders.Our company proactively stays up to date with the developing regulatory landscape to ensure the continuation of compliance.
ARTICLE 4: TRADING PLATFORM AND TRADING
4.1 The Company grants the Customer access to its Trading Platform, designated for Synthetic Trading as part of our Services. This platform is tailored for simulating trading activities using Fictitious Capital.
4.2 The Trading Platform’s infrastructure, provided by the Company, is powered by various technological partners. While the Company strives to ensure continuous availability and accuracy, it cannot guarantee these aspects and is not responsible for any performance issues or other complications arising from the use of the platform.
4.3 Trading on this platform is for educational purposes and is based on your Account Size, depending on your Package, and is risk-free due to your assets not being exposed. However, customers should be aware that while the financial risks are not real, ‘Profit’ as defined in Article 1 may earn rewards, and losses could lead to account termination, including the loss of the entry fee.
4.4 The Customer is accountable for their own trading activities, including trade execution, position monitoring, and strategy adaptation. The Customer acknowledges their sole responsibility for these decisions, with the Company offering no investment advice or performance guarantees.
4.5 Compliance with the trading conditions outlined in Article 5.2 is mandatory for Reward eligibility. Non-compliance may disqualify the Customer from receiving Rewards.
4.6 The Company monitors Customer trading activities to assess Reward eligibility. The Customer consents to this oversight and agrees to provide necessary cooperation and information as requested.
4.7 The Company may respond to Agreement violations at its discretion, including access termination to the Trading Platform, Reward adjustment, or legal action.
4.8 Package Options:
- “Bronze” Package: The entry fee of the Bronze Package is 859 € , granting access to an Account to be used on the Platform with an Account Size of $25,000 where the Customer is entitled to receive Payouts of 70% of the Profits as a reward for performance. The Maximum drawdown is 5% of the Initial Account Size.
- “Sliver” Package: The entry fee of the Silver Package is 1,699 €, granting access to an Account to be used on the Platform with an Account Size of $50,000 where the Customer is entitled to receive Payouts of 75% of the Profits as a reward for performance. The Maximum drawdown is 5% of the Initial Account Size.
- “Gold” Package: The entry fee of the Gold Package is 3,499 € granting access to an Account to be used on the Platform with an Account Size of $100,000 where the Customer is entitled to receive Payouts of 80% of the Profits as a reward for performance. The Maximum drawdown is 5% of the Initial Account Size.
- “Platinum” Package: The entry fee of the Platinum Package is 7,399 € granting access to an Account to be used on the Platform with an Account Size of $200,000 where the Customer is entitled to receive Payouts of 85% of the Profits as a reward for performance. The Maximum drawdown is 5% of the Initial Account Size.
- “VIP” Package: The entry fee of the VIP Package is 14,799 € granting access to an Account to be used on the Platform with an Account Size of $400,000 where the Customer is entitled to receive Payouts of 90% of the Profits as a reward for performance. The Maximum drawdown is 5% of the Initial Account Size.
These packages, each with specific terms, supplement the Agreement’s other conditions.
4.9 To remain active, a trader needs to perform at least 5 numbers of trades per month. The company has the right to close accounts who are not active more than 2 consecutive months.
ARTICLE 5: TRADING PARAMETERS AND CONDITIONS
5.1 Customers utilizing the Platform must comply with the specific parameters and conditions outlined in this article. Non-compliance may render the Customer ineligible for Payouts or lead to other actions as determined by the Company.
5.2 Trading Parameters:
5.2.1 Maximum Loss: Customers must not exceed the maximum loss limit set as a percentage of the Account Size. This limit applies to individual trades and the cumulative loss in the Customer’s account. Once this threshold is reached, the Account will automatically expire, and the account will be permanently closed. The Customer may then be eligible to purchase another entry.
5.3 The Company will oversee Customer adherence to these parameters. Failure to comply may result in disqualification from Payouts or other measures.
5.4 The Company may modify these trading parameters and conditions at any time. Customers agree to abide by such changes, which will be reflected in the User Agreement.
5.5 Customers are responsible for regularly reviewing these parameters and conditions to ensure ongoing compliance during their use of the platform. They must immediately inform the Company of any non-compliance or issues affecting Payout eligibility.
5.6 In case of disputes regarding compliance, the Customer must provide evidence to support their position. The Company will review the evidence and make a final decision.
5.7 The parameters and conditions set forth in this article are carefully designed to replicate the dynamics of actual financial markets. This approach aims to provide Customers with a realistic trading environment, thereby enhancing the educational value of the platform and preparing them for real-world trading scenarios.
ARTICLE 6: TRADING PLATFORM, TECHNICAL SUPPORT, AND COMMISSION SYSTEM
6.1 Customers must use the Company’s provided environment to utilize the Account purchased in order to participate. The Customer cannot utilize the purchased Package in any other environment or on any other platform unrelated to the Company’s.
6.2 Unique login credentials for the Trading Platform, intended solely for the customer’s use, will be provided by the Company. Customers are responsible for securing these credentials and must not share them with third parties.
6.3 Customers are expected to familiarize themselves with the Trading Platform’s features, which are designed to stimulate the learning curve of the user and foster good trading habits. This includes engaging with simulated trade scenarios and understanding the platform’s educational tools for managing theoretical risks. It’s important to note that all activities within the platform environment are synthetic and not actual transactions. Errors in using the platform are the sole responsibility of the Customer and can impact their eligibility for simulated Payouts.
6.4 The Company may offer demonstrational calls, account management and technical support for the Trading Platform, ensuring Customer understanding and satisfaction, or addressing issues such as software setup and connectivity. Customers must report technical problems promptly. The Company, however, does not guarantee uninterrupted access and is not liable for losses due to technical issues or downtime. Any communication by representatives should not be considered a replacement for the User Agreement or as financial advice. The Company cannot guarantee the correctness of statements or information beyond the End User Agreement.
6.5 Customers should be aware that Synthetic Trading may differ from live trading scenarios, including factors like latency and liquidity. Synthetic trading results may not fully reflect live trading potential.
6.6 The Company may impose limits on the use of the Trading Platform, such as on open positions or trading volume. Customers must adhere to these limitations.
6.7 We offer no commissions on FX with competitive spread.
6.8 A commission of $0.007 per share traded on the Trading Platform will be charged, deducted directly from the Customer’s account at trade execution.
6.9 The minimum commission for any buy or sell transaction is $1.25, applicable to each separate transaction.
6.10 Commission fees are automatically applied and are non-refundable.
6.11 These commissions help cover operational costs associated with trade execution and management. Commission rates may change at the Company’s discretion.
6.12 Any changes to commission rates will be notified to the Customer in a timely manner. Continued use of the Services after such notification implies acceptance of the new rates.
6.13 To ensure that our Customers receive an authentic trading experience, the limitations and features of the Platform, including the commission system, are structured to reflect actual market conditions. These aspects are integral in providing a realistic simulation that educates users on the nuances of live trading, thereby aiding in their overall development and preparedness for engaging in real financial markets.
ARTICLE 7: REWARD, PAYOUTS, AND INVOICING
7.1 The Company will disburse Payouts to Customers based on their performance and adherence to this Agreement’s terms. The Payout ranges from 70% to 90% of the Profit generated in the environment, varying by the Customer’s choice of package. Please note that the entry fee paid for accessing different amounts of Fictitious Capital is not considered part of the Profit and is not eligible for Payouts. This fee is a non-refundable payment for access to the platform’s trading conditions and resources, and does not contribute to the calculation of Profit or Payouts.
7.2 Customers can request Payouts between the 1st and 9th of each month, with a minimum payout amount of $200. Payout requests must be submitted through the client portal. At the time of the request, the Account starting size plus an increase of $500 must be available in the User’s account. Payouts will be processed by the 15th day of that month.Any losses incurred during this period until the 15th of the month, will be deducted from the Payout.
7.3 Payouts are issued for the previous month’s Profit, aligning with our educational approach to promote good trading habits. For example, Profit earned in April can be requested in May. Any additional Profit gained early in the next month must wait until the subsequent month for payout eligibility.
7.4 The Company will confirm the legitimacy of the Reward, calculate the amount, and notify the Customer. Customers must provide their preferred payout method and relevant details via the prescribed form.
7.5 If only a portion of the Payout is withdrawn, the remaining balance continues as Fictitious Capital in the account, available for ongoing engagement on the platform. For example, if a Customer retains $500 of a $1,000 Payout, the remaining $500 stays in the account for future engagement.
7.6 Payouts are made using the Customer’s chosen method, including wire transfer or electronic payments. Customers are liable for any associated fees or costs. Because the platform accounts are in USD, all Payouts will be requested in U.S. dollars (USD). However, they can be delivered in euros (EUR) upon the client’s request. For non-USD Payouts, currency conversion rates may apply.
7.7 The Company reserves the right to alter or update any aspects of the Services without compensation.
7.8 To enhance the educational and engaging nature of our platform, the Company intends to regularly host trading contests. Participation in these contests is not mandatory and takes place on a newly generated account, ensuring it does not affect the existing account of a User. These contests are open to both platform users and invited non-users, adding an extra layer of gamification and proficiency assessment. In the spirit of transparency and celebrating excellence, we disclose the winners and the value of the prizes awarded. The contests not only gamify the learning experience but also provide tangible recognition and rewards to top performers. This aligns with our mission to offer a comprehensive educational trading environment. The Company may host these contests for free or charge an additional entry fee at its own discretion.
NOTE: Please note that for all types of payments, including the purchase of packages, but also the payouts the Company may utilize third-party services or entities to process payments or distribute payouts. This ensures seamless transactions and enhances the overall customer experience.
ARTICLE 8: LIMITATION OF LIABILITY AND FORCE MAJEURE EVENTS
8.1 The Company is not liable for any service interruptions, whether due to general technical issues, unforeseen circumstances, or force majeure events such as natural disasters, crises, wars, pandemics, or legal regulations. These circumstances are beyond our control.
8.2 The Company is not responsible for the consequences of any statements made by its employees or representatives being construed as investment advice. Customers bear the responsibility for their investment decisions and risks associated with their Trading activities.
8.3 The Company is not accountable for the Customer’s trading or investment activities outside of our Services. This includes the use of information or the Trading Platform for real or simulated trading with other providers.
8.4 Customers acknowledge the risks involved in real financial market trading and understand that the Services provided are solely intended to promote their learning curve. However, Customers agree not to purchase more packages than they can afford to lose. The Company will not be liable for any losses or damages incurred through the Customer’s Trading activities.
8.5 The Company is not responsible for any errors, interruptions, or issues related to the Services, including data handling and communication failures.
8.6 Our total liability to the Customer for any claims related to this Agreement shall not exceed the amount paid by the Customer for the Services.
8.7 The Customer is responsible for securing their login data for the Company Account and Trading Platform and for all activities conducted through their account. The Company is not liable for misuse of the account or platform due to reasons beyond our control.
8.8 Advertisements or promotions by the Company are not financial advice and should not be interpreted as such. They are for educational purposes only, and the Company is not responsible for any decisions or actions taken based on these materials.
ARTICLE 9: FORBIDDEN TRADING PRACTICES
9.1 Customers must not exploit errors in the Services, including inaccuracies in price displays or delays in updates, to gain unfair advantages within the platform. If any exploitation is determined, it will be corrected in the account.
9.2 Customers are forbidden from executing trades, either individually or in coordination with others, that manipulate outcomes. This includes entering into opposing positions across multiple Company accounts.
9.3 All trades must comply with the terms of both the Service provider and the Trading Platform.
9.4 The use of software, artificial intelligence, ultra-high speed trading, or mass data entry techniques to manipulate or unfairly advantage trading on the Company’s systems is not allowed.
9.5 Services are for personal use only. Customers must not permit third parties to access or trade on their Account, nor should they trade on behalf of others or manage third-party accounts.
9.6 Customers agree not to bypass standard market risk management techniques during the use of the platform. This includes avoiding significantly larger or smaller position sizes or number of positions compared to typical trades, on their own or others’ accounts.
9.7 The Company retains the discretion to determine what constitutes Forbidden Synthetic Trading Practices.
ARTICLE 10: CONSEQUENCES OF FORBIDDEN PRACTICES
10.1 In the event a Customer engages in Forbidden Practices as outlined in Article 9, the following consequences will apply:
The Customer will forfeit their right to receive any Payout for the relevant period.
The Company may:
(i) Exclude the offending trades from the Customer’s Synthetic Trading history.
(ii) Disregard these trades in calculating the Customer’s profits or losses.
(iii) Terminate the Customer’s Account and end this Agreement immediately without reimbursement.
10.2 The Company reserves the right to take any or all of these actions at its discretion.
ARTICLE 11: AMENDMENTS, MODIFICATIONS, AND TERMINATION
11.1 The Company may revise or change any part of this Agreement at any time, including terms related to the Services, Synthetic Trading Platform, and other aspects of this Agreement. Customers agree to abide by such changes, which will be reflected in the User Agreement.
11.2 The Company reserves the right, at its discretion, to terminate this Agreement or suspend access to the Services at any time, with or without prior notice. Termination or suspension may result from a breach of this Agreement, involvement in illegal or fraudulent activities, or actions deemed harmful to the Company’s interests.
11.3 Customers may terminate this Agreement at any time by sending written notice to the Company’s physical mailing address. Upon termination, access to the Services ceases, and any pending Payouts or obligations will be resolved as per the terms of this Agreement. Please note that the entry fee will not be reimbursed.
11.4 In the unlikely event of the Company’s insolvency, all operations will cease. There is no refund of the entry fee. This provision is included to inform customers of the risks associated with such an unlikely event. Following termination, Customers must cease using the Services and destroy or delete all related materials and information obtained from the Company. Additionally, Customers are prohibited from engaging in any form of disparagement or derogatory statements about the Company or its Services.
11.5 Certain provisions of this Agreement, such as those regarding confidentiality, liability limitations, intellectual property rights, and data protection, are intended to survive the termination and will remain in effect post-termination.
11.6 The Company disclaims any liability for losses or damages incurred by Customers as a result of the termination or suspension of this Agreement or the Services, in accordance with the terms set forth herein.
11.7 The sale of Packages is final and non-refundable. By purchasing a Package, Customers acknowledge and agree to this No-Refund Policy. Upon purchase, the Company generates an account on the platform, which is considered utilization of the entry fee ‘ticket’. As this account is generated and the entry fee is thus ‘used’, it reinforces the non-refundable nature of the transaction.
11.8 The resale or transfer of Account to third parties is strictly prohibited. Customers must not engage in any activities that involve the selling, leasing, sharing, or transferring of their accounts provided by the Company. Any attempt to resell or transfer an account will be considered a violation of this Agreement and may result in immediate suspension or termination of the account. The Company reserves the right to take legal action against any Customer found to be in breach of this policy.
ARTICLE 12: CONFIDENTIALITY AND DATA PROTECTION
12.1 Both the Company and the Customer are committed to maintaining the confidentiality of all confidential and proprietary information exchanged in connection with this Agreement. This encompasses not only the Customer’s personal and financial data but also extends to Synthetic Trading strategies, algorithms, and other proprietary details (collectively referred to as “Confidential Information”). This information is to be utilized solely for the purposes outlined in this Agreement.
12.2 Each party is responsible for safeguarding the other party’s Confidential Information. Appropriate technical and organizational measures must be implemented and maintained to protect this information against unauthorized access, disclosure, alteration, or destruction.
12.3 The Customer consents to the Company processing their personal data in line with applicable data protection laws and the Company’s Privacy Policy, available on its website. This data may be used for various purposes, including service provision, identity verification, legal compliance, and as outlined in the Privacy Policy.
12.4 The Customer agrees to provide accurate, complete, and current information necessary for the provision of Services. They must also promptly inform the Company of any changes to this information.
12.5 The Company will handle the Customer’s personal data in compliance with data protection laws. Adequate measures will be taken to secure personal data against unauthorized access or breaches.
12.6 The Customer authorizes the Company to share their personal data with third-party providers, subsidiaries, or affiliate entities as necessary to facilitate the operation of our Services. This includes, but is not limited to, service provision, legal compliance, and protecting the Company’s legitimate interests. Such sharing will be conducted in compliance with applicable data protection laws. In alignment with this, the Company may also share data with technological partners due to its reliance on third-party technological solutions. Furthermore, the Company reserves the right to inform the source of the customer referral (such as an Affiliate) about the customer’s engagement, including purchase activities.
12.7 The Company may record communications with the Customer, including calls, emails, and chat messages, for quality control, training, and legal compliance. Customers are expressly prohibited from recording any such communications.
12.8 Customers have rights to access, correct, or delete their personal data held by the Company, except as limited by law. Requests for data access or modification can be made via email, and the Company will respond in accordance with legal standards.
12.9 The privacy policy on the Company’s website details the handling of customer data. Customers are advised to review the policy regularly. Continued use of the Services signifies agreement to the privacy policy and any amendments.
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
13.1 All intellectual property rights in the Services, Trading Platform, the Company Account, software, systems, infrastructure, algorithms, data, and materials provided under this Agreement are the exclusive property of the Company or its licensors.
13.2 The Customer is granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Trading Platform solely for educational and practice purposes within the scope of Synthetic Trading. This license does not transfer any ownership or additional rights in the intellectual property to the Customer.
13.3 Customers are prohibited from reverse-engineering, decompiling, disassembling, creating derivative works, or exploiting the Company’s intellectual property in any way, except as allowed by law or with the Company’s written consent.
13.4 Use of the Company’s trademarks, trade names, logos, or other intellectual property without prior written consent is forbidden. Customers must not falsely represent an affiliation or endorsement by the Company.
13.5 Customers must inform the Company of any known or suspected intellectual property rights infringements and assist in their protection, with costs borne by the Company.
13.6 The Company may modify, update, or improve its Services, Trading Platform, and other intellectual property at its discretion without notice or liability. Customers acknowledge that these changes may affect the performance or functionality of the Services and that the Company is not liable for any related losses or damages.
ARTICLE 14: LIMITATION OF LIABILITY
14.1 The Company, including its directors, officers, employees, agents, and licensors, shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, such as loss of profits, data, or goodwill, related to this Agreement, the Services, or the Trading Platform, to the extent permitted by law. This applies even if the Company has been advised of potential damages.
14.2 The total liability of the Company to the Customer under this Agreement is limited to the amount of fees paid by the Customer for the Services in the 12 months preceding the liability claim.
14.3 Liability limitations do not apply to cases of fraud, gross negligence, willful misconduct by the Company, or where such limitations are not permitted by law.
ARTICLE 15: INDEMNITY
15.1 The Customer agrees to indemnify and hold the Company and its affiliates harmless against any claims, liabilities, losses, costs, or expenses, including attorney’s fees, arising from the Customer’s breach of this Agreement, use of the Services or Trading Platform, or violations of laws or regulations.
15.2 The Company may take over the defense of any claim for which the Customer is required to indemnify the Company, and the Customer must assist in this defense as needed.
ARTICLE 16: GOVERNING LAW AND DISPUTE RESOLUTION
16.1 This Agreement is governed and interpreted according to the laws of the jurisdiction where the Company is registered, irrespective of conflict of law principles.
16.2 Disputes related to this Agreement, including issues of validity, interpretation, performance, or termination, will first be attempted to be resolved through good faith negotiations. If no resolution is reached within 30 days, either party may initiate binding arbitration under the rules of the relevant arbitration body in the Company’s jurisdiction. The arbitrator’s decision will be final and enforceable in any court with proper authority.
16.3 The Company may seek injunctive or equitable relief in competent courts to protect its intellectual property rights, Confidential Information, or other proprietary interests, notwithstanding the above arbitration agreement.
ARTICLE 17: ASSIGNMENT
17.1 The Customer cannot assign, transfer, or sublicense their rights or obligations under this Agreement without the Company’s prior written consent. The Company may assign, transfer, or sublicense its rights and obligations without the Customer’s consent, ensuring that such actions do not adversely affect the Customer’s rights under this Agreement.
ARTICLE 18: NOTICES
18.1 All notices and communications under this Agreement must be in writing. They are considered duly given when delivered by hand, sent via registered mail, or emailed to the addresses specified in this Agreement or as subsequently updated by the Parties.
ARTICLE 19: SEVERABILITY
19.1 Should any part of this Agreement be deemed invalid, illegal, or unenforceable by a competent court, the remaining sections remain effective. The affected provision will be amended minimally to ensure its validity, legality, and enforceability.
ARTICLE 20: WAIVER
20.1 Neither Party’s failure or delay in exercising any rights, powers, or remedies under this Agreement constitutes a waiver. Any exercise of these rights, powers, or remedies is independent and does not prevent further or other exercises thereof or any other rights, powers, or remedies.
ARTICLE 21: LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ALONG WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS WEBSITE OR ANY LINKED WEBSITES, OR FROM THE INABILITY TO USE THESE RESOURCES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, DATA, AND OTHER SUCH LOSSES, WHETHER THEY ARISE FROM TORT (INCLUDING NEGLIGENCE), CONTRACT BREACHES, OR OTHER CAUSES, AS LONG AS SUCH LOSSES ARE FORESEEABLE.
The above limitation of liability does not cover any damages resulting from our own gross negligence or willful misconduct, nor does it apply to any liabilities for death or physical injury caused by products purchased through the site. This limitation of liability clause does not override any legal rights that cannot be waived or limited by contract.
ARTICLE 22: INDEMNIFICATION
You agree to protect, indemnify, and keep harmless the Company and its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorney fees). This indemnification is in response to any claims or damages arising from your violation of this End User Agreement, or in connection with your use of the Website. This includes, but is not limited to, your contributions as a user, any use of the Website’s content, services, and products beyond what is explicitly authorized in these Terms of Use, or your use of any information obtained from the Website.
ARTICLE 23: ENTIRE AGREEMENT
This document, represents the exclusive and complete agreement between you and BCOS Services Limited in relation to the use of the Website. It replaces and supersedes all previous agreements, understandings, commitments, and communications, both written and verbal, pertaining to the Website.
ARTICLE 24: CONTACT INFORMATION AND ADDRESSING CONCERNS
This website is managed and operated by BCOS Services Limited, located at:
karaiskaki 19, 3032 Limassol, Cyprus with Reg. Number: ΗΕ 424605
For any inquiries, feedback, requests for technical support, or communications relevant to the Website, please contact hello@tickfunding.com.
ACKNOWLEDGEMENT:
This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, discussions, representations, and proposals, whether oral or written.
By signing up for and using the Services provided by the Company, the Customer acknowledges that they have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement. The Customer also represents and warrants that they have the legal authority and capacity to enter into and be bound by this Agreement.
