Terms of Service

By accessing or using the fxFundedSim platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and fxFundedSim LLC ("fxFundedSim," "we," "us," or "our"). We reserve the right to update these Terms at any time. Continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.

fxFundedSim is a simulated trading platform designed for educational and practice purposes. The Service includes, but is not limited to: - A futures backtesting simulator using historical market data - AI-powered coaching and trade analysis (the "AI Mentor") - Community features including clans, tournaments, leaderboards, and social interactions - Performance analytics, journaling tools, and strategy evaluation - Educational content related to trading methodologies The Service does NOT involve real money, real brokerage accounts, or live market execution. All trading activity within fxFundedSim is simulated using historical data. No real financial transactions occur through the simulator.

To use certain features of the Service, you must create an account. By creating an account, you represent and warrant that: a) You are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. b) You will create only one account per person. Multiple accounts per individual are prohibited and may result in immediate termination without refund. c) All information you provide during registration is accurate, current, and complete. d) You will maintain the security of your account credentials and will not share your login information with any third party. e) You are solely responsible for all activity that occurs under your account. f) You will promptly notify us of any unauthorized use of your account. We reserve the right to suspend or terminate any account that violates these Terms or that we reasonably believe has been compromised.

fxFundedSim offers multiple subscription tiers: - Free Tier: Limited access to the simulator with restricted replay hours and limited features. No AI Mentor access. - Pro Tier ($19.99/month): Full simulator access, AI Mentor, clan system, tournaments, analytics, and all platform features. - MAX Tier (pricing announced at launch): Everything in Pro plus priority AI processing, extended data history, advanced analytics, and exclusive features. Billing and Payment: - Subscriptions are billed monthly on a recurring basis through Stripe, our third-party payment processor. - Your subscription automatically renews each billing cycle unless cancelled before the renewal date. - All prices are listed in United States Dollars (USD) and are exclusive of applicable taxes. Cancellation: - You may cancel your subscription at any time from your account settings. - Upon cancellation, you retain access to paid features until the end of your current billing period. - No partial refunds are provided for unused portions of a billing period. - We offer a 7-day money-back guarantee on your first month of any paid subscription. To request a refund, contact us within 7 days of your initial purchase. - We may grant additional refunds at our sole discretion on a case-by-case basis. Price Changes: - We reserve the right to change subscription pricing with at least 30 days written notice. - Founding Members who join during the beta period will have their rate locked in permanently. Beta / Early Access Notice: The Service is currently in beta (v0.1.0-beta). During the beta period: - Features may be added, changed, or removed at any time without notice. - Simulator accuracy is not guaranteed and may not reflect real market conditions, including differences in latency, fill execution, and slippage. - Data loss may occur during beta. We recommend exporting important data regularly. - The platform is provided "as is" and "as available" with no guarantee of uninterrupted or error-free operation. Force Majeure: We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to: natural disasters, server outages, third-party service disruptions (including cloud providers and APIs), internet connectivity issues, government actions, or pandemics.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to: a) Share, sell, transfer, or provide access to your account to any other person. b) Use the Service to develop, test, or promote any form of market manipulation strategy. c) Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service. d) Use automated scripts, bots, or other tools to interact with the Service in any unauthorized manner. e) Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure. f) Harass, abuse, threaten, or intimidate other users through community features, chat, clan interactions, or any other communication channel. g) Upload or transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable. h) Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity. i) Exploit bugs, glitches, or vulnerabilities in the simulator to gain unfair advantages in tournaments or leaderboards. j) Use the Service in any way that could damage, disable, overburden, or impair our servers or networks. Violations of this Acceptable Use Policy may result in immediate account suspension or termination without refund.

All content, features, functionality, code, design, graphics, logos, trademarks, and data associated with fxFundedSim are the exclusive property of fxFundedSim LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms. This license does not include: a) The right to modify, copy, distribute, or create derivative works based on the Service. b) The right to use any data mining, robots, or similar data gathering and extraction tools on the Service. c) The right to use the Service for any commercial purpose not expressly authorized by us. d) Any ownership rights in the Service or any component thereof. User-generated content (such as trade journals, clan names, or profile information) remains your property, but you grant fxFundedSim a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content within the platform for the purpose of providing the Service.

THIS IS THE MOST IMPORTANT SECTION OF THESE TERMS. PLEASE READ IT CAREFULLY. fxFundedSim is a SIMULATED TRADING PLATFORM for EDUCATIONAL and PRACTICE PURPOSES ONLY. The Service does NOT constitute financial advice, investment advice, trading advice, or any other form of professional advisory service. - All trading within fxFundedSim uses historical data and involves NO real money. - Performance within the simulator does NOT guarantee or predict future results in live markets. - The AI Mentor provides educational analysis, NOT trading signals or investment recommendations. - fxFundedSim is NOT a broker, dealer, registered investment advisor, or financial planner. - We are NOT affiliated with, endorsed by, or partnered with any proprietary trading firm (prop firm). - Prop firm rules and evaluation criteria simulated within the platform may not reflect current real-world conditions, as prop firms may change their rules at any time. You acknowledge that trading futures, forex, and other financial instruments involves substantial risk of loss and is not suitable for every individual. You should consult with a qualified financial advisor before making any investment decisions. Any decision to trade real markets is made entirely at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FXFUNDEDSIM LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR: a) Any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Service. b) Any loss of profits, data, goodwill, or other intangible losses. c) Any damages arising from decisions made based on information provided through the Service, including but not limited to the AI Mentor. d) Any trading losses incurred in real markets, regardless of whether such losses are related to strategies practiced or analyzed within the Service. e) Any unauthorized access to or alteration of your data or transmissions. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

We reserve the right to suspend or terminate your account and access to the Service for cause. Except in cases of abuse, fraud, or violation of these Terms, we will provide reasonable notice before termination. Grounds for termination include, but are not limited to: a) Violation of these Terms or our Acceptable Use Policy. b) Engaging in fraudulent, abusive, or illegal activity. c) Non-payment of subscription fees. d) Creating multiple accounts. e) Any conduct that we determine, in our sole discretion, to be harmful to other users, the Service, or our business interests. Upon termination: - Your right to use the Service ceases immediately. - We may delete your account data after 30 days, unless required by law to retain it. - Any outstanding subscription fees remain due and payable. - Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and governing law.

We reserve the right to modify these Terms at any time. When we make material changes, we will: a) Post the updated Terms on this page with a revised "Last Updated" date. b) Notify registered users via email or in-platform notification at least 30 days before material changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with any changes, you must stop using the Service and cancel your subscription before the changes take effect.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Lexington, Kentucky, and shall be conducted in English. You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against fxFundedSim LLC. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, United States of America, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Fayette County, Kentucky.

fxFundedSim may provide a blog and community features that allow users to post, share, or otherwise make available content including text, images, trade ideas, analysis, and commentary ("User Content"). Content Ownership and License: - You retain ownership of any User Content you create. - By posting User Content, you grant fxFundedSim a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your User Content in connection with operating and promoting the Service. - This license survives termination of your account for content that has been shared publicly or incorporated into platform features. Content Standards: - User Content must not contain financial advice, investment recommendations, or trading signals presented as guaranteed outcomes. - All User Content must comply with our Acceptable Use Policy (Section 5). - We reserve the right to remove any User Content that violates these Terms, without notice. Moderation: - fxFundedSim is not obligated to monitor User Content but reserves the right to do so. - We may remove, edit, or refuse to display any User Content at our sole discretion. - Repeated violations of content standards may result in account suspension or termination.

fxFundedSim may offer a Marketplace where users can buy, sell, or exchange digital items including but not limited to: strategy templates, journal templates, indicator configurations, custom overlays, and cosmetic items ("Marketplace Items"). Transactions: - All Marketplace transactions are processed through Stripe and are denominated in United States Dollars (USD). - Sellers are responsible for the accuracy and quality of their Marketplace Items. - Buyers are responsible for reviewing item descriptions before purchase. Refund Policy: - ALL MARKETPLACE SALES ARE FINAL. No refunds will be issued for Marketplace purchases. - Digital goods are delivered instantly upon purchase and cannot be "returned." - If a Marketplace Item is materially different from its description or non-functional, you may submit a dispute to our support team for review. Resolution is at our sole discretion. Seller Obligations: - Sellers must not list items that infringe on third-party intellectual property rights. - Sellers must not list items that contain malicious code, misleading claims, or content that violates these Terms. - fxFundedSim reserves the right to remove any Marketplace listing and suspend seller privileges at our discretion. Platform Fee: - fxFundedSim retains a platform fee on each Marketplace transaction. The current fee structure is displayed in the Marketplace interface and may be updated with 30 days notice.

fxFundedSim may offer a Referral Program that allows users to earn commissions by referring new subscribers to the platform. Eligibility: - The Referral Program is available to users with active paid subscriptions in good standing. - fxFundedSim reserves the right to modify eligibility requirements at any time. Commission Structure: - Referral commission rates and structures are displayed in your account dashboard and may be updated with 30 days notice. - Commissions are earned when a referred user completes a qualifying purchase (new paid subscription). - Commissions are calculated based on the referred user's first subscription payment only, unless otherwise specified. Payouts: - Referral earnings accumulate in your account and are paid out upon reaching the minimum threshold displayed in your dashboard. - Payouts are processed via Stripe and may take up to 30 business days. - You are solely responsible for any tax obligations arising from referral earnings. Prohibited Practices: - Self-referrals (referring your own alternate accounts) are strictly prohibited. - Spam, misleading advertising, or any deceptive practice to generate referrals will result in immediate disqualification and forfeiture of all pending earnings. - Referral links must not be disguised, cloaked, or presented in a misleading manner. - Cookie stuffing, click fraud, or automated referral generation is prohibited. Termination: - fxFundedSim may suspend or terminate your participation in the Referral Program at any time for violation of these terms or for any reason at our sole discretion. - Upon termination, unpaid commissions earned through legitimate referrals will be honored. Commissions earned through prohibited practices are forfeited.

fxFundedSim offers Clans (team-based groups) and Tournaments (competitive events) as part of the platform experience. Clan Rules: - Clan names and descriptions must comply with our Acceptable Use Policy. - Clan leaders are responsible for moderating their clan's activity and content. - fxFundedSim reserves the right to disband any clan that repeatedly violates platform rules. - Clan membership does not confer any special privileges outside of designated clan features. Tournament Rules: - Tournament rules, scoring criteria, prize structures, and eligibility requirements are defined for each individual tournament and published before registration opens. - All tournament trading is simulated and uses historical data. No real money is at risk in tournament trades. - Exploiting bugs, glitches, or platform vulnerabilities to gain competitive advantage in tournaments will result in immediate disqualification and potential account termination. - Tournament results are determined by the platform's scoring system and are final. Disputes must be submitted within 48 hours of tournament conclusion. Prizes: - Tournament prizes (if any) are described in each tournament's rules and are awarded at fxFundedSim's discretion. - Prize fulfillment may require identity verification and tax documentation. - fxFundedSim reserves the right to withhold prizes from participants who violate these Terms or tournament-specific rules.

The AI Mentor is an artificial intelligence feature powered by third-party language models. By using the AI Mentor, you acknowledge and agree to the following: NOT FINANCIAL ADVICE: - The AI Mentor provides EDUCATIONAL COMMENTARY ONLY. It does NOT provide financial advice, investment advice, or trading signals. - The AI Mentor's analysis, suggestions, and coaching are based on historical data and pattern recognition. They do NOT predict future market movements. - You should NEVER make real trading decisions solely based on AI Mentor output. Limitations: - The AI Mentor may produce inaccurate, incomplete, or misleading analysis. It is a machine learning system with inherent limitations. - The AI Mentor does not have access to real-time market data. Its analysis is based on simulated historical data within the platform. - The AI Mentor's coaching style and methodology may not be suitable for every trading approach or risk tolerance. Data Usage: - Conversations with the AI Mentor are stored to provide personalized coaching within your account. - Aggregated, anonymized interaction data may be used to improve the AI Mentor's capabilities. - Your individual AI Mentor conversations are not shared with other users. Liability: - fxFundedSim assumes NO LIABILITY for any trading decisions, financial losses, or other consequences arising from your use of or reliance on the AI Mentor. - The AI Mentor is provided "as is" without any warranty of accuracy, completeness, or fitness for any particular purpose.

If you have any questions about these Terms of Service, please contact us through our official Discord community or by email at the address provided on our website. fxFundedSim LLC Lexington, Kentucky, United States