These General Terms and Conditions (“GTC”) govern the relationship between TakeCapital For Traders LLC, headquartered at Hunkins Waterfront Plaza, Suite 556, Main Street, Charlestown, Nevis (“Provider”, “we”, “us”, “our”), and the user (“Client”, “you”, “your”) of the services offered primarily through the website https://takecapft.com/ (“Website”).
By registering on the Website or using the Services, you confirm you have read, understood, and irrevocably agree to be bound by these GTC. Please review them carefully. Do not use the Services if you do not agree with or understand any part of these Terms.
1. Services and Scope
1.1. Services Provided: The Provider offers services including tools for simulated trading on foreign exchange (FOREX) and other financial markets, analytical tools, educational materials, and access to the TCFT evaluation process (the “Services”).
1.2. Simulated Environment: The Client expressly acknowledges and agrees that all Services are provided exclusively within a simulated trading environment.
* Any trading activity conducted through the Services is not real.
* Funds provided for simulated trading are entirely fictitious and intended solely for simulation and evaluation purposes.
* The Client has no entitlement to these fictitious funds or any profits generated within the simulation, except as explicitly outlined for remuneration under the TCFT Trader Program (Section 6).
* The Services do not facilitate actual trading or the execution of orders in live financial markets.
1.3. No Investment Advice: The Services do not constitute investment services, advice, or recommendations. The Provider offers no guidance on actual trading decisions. Any market information or analysis provided is for educational and simulation purposes only and should not be construed as financial advice. The Provider disclaims liability for any real trading decisions made by the Client based on information obtained through the Services.
1.4. Eligibility: Services are intended only for individuals aged 18 years or older. No specific degrees or prior trading experience are required to participate. By registering, you confirm you meet the age requirement and are eligible according to these Terms.
1.5. Restrictions and Rejection Criteria: The Provider reserves the right to refuse, restrict, or terminate Services to any individual at its discretion. Specifically, Services will not be provided to:
* Individuals residing in or nationals of jurisdictions designated as restricted due to legal, regulatory, or political reasons. A current list of these Restricted Jurisdictions is maintained and published on the Website. It is the Client's responsibility to consult this list before registering or using the Services.
* Individuals identified as having links to financial crime or terrorism.
* Individuals who have previously violated these GTC or other agreements with the Provider, resulting in termination or restriction.
The use of tools (e.g., VPNs) to obscure location and circumvent these restrictions is strictly prohibited and constitutes a material breach of these GTC, potentially resulting in immediate Service termination without refund.
1.6. IP Address Consistency & Travel: Maintaining a consistent IP address region is required. Changes may trigger verification. Clients planning to travel must notify the support team in advance (support@takecapft.com) to ensure continued access and compliance.
1.7. VPS/VPN Usage: Use of VPS or VPN is permitted for secure access but not to bypass restrictions. Use of a static IP address, submitted to support for whitelisting, is strongly recommended to avoid access issues. Anomalous IP activity may lead to account review or suspension.
2. Contracting Services and Fees
2.1. Registration: Services are requested via the Website registration form. Accurate and up-to-date Client information is mandatory. Failure to maintain accurate data may result in Service restriction or termination.
2.2. Contract Formation: A contract is formed upon successful registration and, for paid services like the TCFT Challenge, upon payment of the applicable fee. The contract governs the provision of the selected Services.
2.3. Service Options: Clients select their desired Service option (e.g., TCFT Challenge level) during registration. This selection determines parameters like simulated initial capital and risk limits for the entire evaluation process (Challenge and Verification). Changes after selection are not permitted.
2.4. Fees: Fees vary based on the selected Service option and are displayed on the Website. Fees are payable in USD or other supported currencies via accepted payment methods (card, bank transfer, etc.). The Client is responsible for any fees charged by payment providers and applicable taxes.
2.5. No Refunds: Fees paid are generally non-refundable, including cases of Client cancellation, non-use of Services, failure to meet evaluation criteria, or violation of these GTC. Disputing legitimate fees (e.g., chargebacks) may result in immediate and future Service denial.
2.6. Third-Party Platforms: Services utilize third-party trading platforms. Clients must adhere to the terms, conditions, and privacy policies of these platforms. The Provider is not responsible for the operation or availability of these external platforms.
3. Simulated Trading Rules
3.1. General Conduct: All trading activity must occur within the provided simulated environment. Clients are expected to adhere to standard market practices and risk management principles for educational purposes.
3.2. Prohibited Practices: The following trading activities and strategies are strictly prohibited:
* Exploiting service errors (e.g., price feed latency, stale data).
* Using external or slow data feeds for an advantage.
* Manipulative trading patterns (e.g., coordinated opposite positions across accounts).
* Contradicting the terms of the third-party trading platform.
* Using HFT, automated data input, AI, or similar methods that manipulate systems or provide unfair advantages.
* Trading practices inconsistent with legitimate market activity (e.g., extreme over-leveraging, unrealistic position sizing relative to account history, account rolling strategies).
* Gap trading.
* Server spamming.
* Latency arbitrage.
* Toxic trade flow.
* Hedging across different accounts or platforms to exploit system rules.
* Long/Short arbitrage, Reverse arbitrage, Tick scalping.
* Trading between opposing accounts (explicitly or implicitly coordinated).
* Using third-party account management, signal-following, or copy trading services.
* Allowing any third party to trade or manage your account.
* Accessing or trading on behalf of any third party.
* Clarification: Clients are permitted to copy their own trades across multiple accounts held solely by them, provided this does not violate other rules (e.g., capital limits, prohibited strategies).
3.3. Risk Management Rules:
* Stop Loss Requirement: Opening a position without setting a valid stop loss order is a violation.
* Time to Set Stop Loss: A stop loss must be set within 3 minutes of opening a position. Failure results in a violation. All positions require a stop loss, regardless of duration.
* Maximum Risk Per Position: Risking more than 2% of the account balance on a single position, calculated based on the potential loss if the stop loss is triggered, is a violation.
* Violation Limits: A maximum of 2 risk management violations are permitted per evaluation phase. Profitable trades resulting from violating trades will not count towards performance objectives.
* Account Termination: An account will be automatically terminated upon the 3rd risk management violation.
* Definition of a Trade: An order, trade, or position refers to any position held in a specific asset. Multiple entries on the same asset around the same time with similar sizing may be considered a single trade for risk calculation.
3.4. Leverage and Weekend Holding:
* Leverage is provided up to 1:30 and cannot be increased.
* Holding positions over weekends is permitted. However, positions cannot be modified or closed while the market is closed.
3.5. Minimum Trading and Inactivity Rules:
* Minimum Positive Trading Days: At least 3 positive trading days are required during each evaluation phase (Challenge and Verification).
* Positive Trading Day Definition: A day where the net virtual profit from all closed positions is at least 1.0% of the simulated initial balance. At least one position must be opened on such a day. A multi-day trade counts only on the day it is closed (if profitable by >=1.0%).
* Inactivity & Activation Deadlines:
* Challenge Activation: Must place the first trade within 30 calendar days of receiving login credentials.
* Verification Activation: Must place the first trade within 20 calendar days of receiving login credentials.
* Ongoing Inactivity: Accounts with no trading activity for 20 consecutive calendar days will be suspended.
* Renewal: Suspended accounts can be reactivated upon request within 6 months of suspension via the Client Section or support@takecapft.com.
* Consequences: Failure to meet activation or renewal deadlines results in Service termination for that account without refund.
3.6. Drawdown Parameters:
* Maximum Daily Loss: 5% of the account Balance recorded at 00:00 UTC. This limit resets daily. If account Equity drops below the level defined by the starting Balance minus 5% during the UTC day, it is a violation.
* Maximum Loss Limit (Static): 10% of the simulated initial capital. Account Balance or Equity cannot drop below 90% of the initial capital at any time.
3.7. Capital Allocation and Management:
Maximum Active Capital, clientes are prohibited from exceeding a combined actiive capital limit of 200,000 USD across all their active accounts at any given time.
* Active Capital Definition: The sum of initial simulated capital of all accounts on which at least one trade has ever been placed, unless formally deactivated.
* Account Deactivation: Clients may request deactivation of accounts (with all positions closed) via support to manage their active capital limit. Deactivation typically occurs within 2 business days.
* Account Reactivation: Reactivation of deactivated accounts can be requested, subject to the active capital limit.
* Account Mergers: Merging multiple accounts is possible if: (a) none are in loss, (b) no pending withdrawals exist, and (c) all have reached the Funded Stage (Phase 3). Merged accounts are subject to standard drawdown rules based on the combined capital. Request via support.
3.8. Provider Not Liable for External Trading: The Provider is not responsible for any trading activities the Client undertakes outside the provided Services, even if based on information derived from the Services.
3.9. Market Risks Acknowledgement: The Client acknowledges that financial markets are volatile, trading involves significant risk of loss, and past simulated performance is not indicative of future results.
4. Evaluation Process (TCFT Challenge and Verification)
4.1. Challenge Activation (Phase 1): Activated by placing the first trade. Must occur within 30 days of receiving login (see 3.5).
4.2. Challenge Success Criteria:
* Meet Minimum Positive Trading Days (3.5.a).
* Adhere to Drawdown Parameters (3.6).
* Achieve a total virtual profit of at least 10% of the simulated initial capital.
* Comply with all rules in Section 3.
4.3. Verification Activation (Phase 2): Upon successful Challenge completion, the Provider will issue new login details for Verification. Activated by placing the first trade. Must occur within 20 days of receiving login (see 3.5).
4.4. Verification Success Criteria:
* Meet Minimum Positive Trading Days (3.5.a).
* Adhere to Drawdown Parameters (3.6).
* Achieve a total virtual profit of at least 5% of the simulated initial capital.
* Comply with all rules in Section 3.
* Not exceed the Maximum Active Capital limit (3.7.a) during either phase.
4.5. Evaluation Outcome: Failure to meet criteria in either phase results in the evaluation being unsuccessful, and the account/Services will be cancelled without refund. Successful Verification makes the Client eligible for consideration for the TCFT Trader Program but does not guarantee acceptance. The Provider does not need to assess phases if trades remain open.
5. TCFT Trader Program (Advanced Simulation)
5.1. Simulated Nature: Participation in the TCFT Trader Program remains entirely simulated. No real capital is used, and no orders are executed in live markets.
5.2. Offer and Agreement: Successful completion of Verification may lead to an offer, at the Provider's sole discretion, to participate under a separate internal agreement. This agreement governs participation and potential remuneration based on simulated performance (initially 80% of virtual profits, potentially rising to 90%).
6. Intellectual Property and Use Restrictions
6.1. Ownership: The Website, Services, and all associated content (text, graphics, data, software, etc.) (“Content”) are the property of the Provider or its licensors and protected by intellectual property laws.
6.2. Limited License: The Provider grants a limited, non-exclusive, non-transferable, revocable license to use the Content solely for personal use of the Services as intended.
6.3. Restrictions: Clients may not:
* Use tools to harm or exploit the Website or Services.
* Circumvent technical or geographical restrictions.
* Copy, reverse engineer, modify, sell, license, or distribute the Content.
* Use automated means to access or collect data.
* Engage in any activity harmful to the Provider.
7. Disclaimers and Limitation of Liability
7.1. "AS IS" Provision: The Services and Content are provided "as is" without warranties of any kind. Use is at the Client's sole risk.
7.2. Warranty Disclaimer: To the maximum extent permitted by law, the Provider disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
7.3. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO THE USE OF THE SERVICES OR CONTENT.
7.4. LIABILITY CAP: IF LIABILITY IS FOUND AGAINST THE PROVIDER, IT SHALL BE LIMITED TO THE AMOUNT OF THE FEE PAID BY THE CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
7.5. Service Modifications: The Provider reserves the right to modify or discontinue any part of the Services at any time without compensation.
7.6. Force Majeure: The Provider is not liable for service failures due to events beyond its reasonable control (e.g., natural disasters, pandemics, war, government actions, major technical failures).
8. Termination
8.1. Contract Duration: The contract is effective until the evaluation process is completed (successfully or unsuccessfully) or terminated earlier according to these GTC.
8.2. Termination by Client: The Client may request termination by providing 7 days' notice via email to support@takecapft.com. No refund is provided upon Client-initiated termination.
8.3. Termination by Provider (Without Cause): The Provider may terminate the contract by providing 7 days' notice via email or the Client Section.
8.4. Termination by Provider (For Cause): The Provider may terminate the contract immediately and without prior notice if the Client breaches any provision of these GTC, including but not limited to engaging in Prohibited Practices (3.2), violating Risk Management or Drawdown rules (3.3, 3.6), exceeding Capital Limits (3.7), providing false information (2.1), or violating Use Restrictions (6.3). Termination may also occur immediately if required by law or regulatory bodies.
8.5. Termination for Inactivity: The contract terminates automatically if activation or renewal deadlines under the Inactivity Rules (3.5.b) are missed.
8.6. No Refund on Termination: If the contract is terminated due to Client breach or failure to meet inactivity/activation deadlines, the Client is not entitled to any refund of fees paid.
9. Communications
9.1. All official communications from the Provider will be sent via the Client Section or the Client's registered email address. Electronic communication constitutes written communication.
9.2. Provider Contact: support@takecapft.com; Hunkins Waterfront Plaza, Suite 556, Main Street, Charlestown, Nevis.
10. Governing Law and Dispute Resolution
10.1. These GTC and any related disputes shall be governed by the laws of the Island of Nevis, without regard to conflict of law principles.
10.2. Disputes shall preferably be resolved amicably between the parties. Failing amicable resolution, disputes shall be subject to the exclusive jurisdiction of the competent courts of the Island of Nevis.
11. Changes to GTC
11.1. The Provider reserves the right to amend these GTC at any time in its sole discretion.
11.2. The current version will be published on the Website and/or help center. Amendments are effective immediately upon publication or as stated in the amended document.
11.3. It is the Client's responsibility to regularly review the GTC. Continued use of the Services after amendments constitutes acceptance of the revised terms. If the Client disagrees with amendments, they must cease using the Services and may terminate per Section 8.2.
12. Miscellaneous
12.1. Entire Agreement: These GTC constitute the entire agreement between the Client and Provider, superseding prior agreements.
12.2. Assignment: The Provider may assign its rights and obligations under this agreement to a third party without Client consent. The Client may not assign their rights or obligations.
12.3. Severability: If any provision is found invalid, the remaining provisions remain in effect. The invalid provision shall be replaced by one reflecting the original intent as closely as possible.
12.4. No Waiver: Failure to enforce any provision does not constitute a waiver of rights.
13. Definitions
13.1. Key terms used herein (e.g., Simulated Initial Capital, Prohibited Practices, Assessment Parameters) are defined within the relevant sections or have their commonly understood meaning within this context.
14. Contact Information
14.1. Email: support@takecapft.com
14.2. Address: Hunkins Waterfront Plaza, Suite 556, Main Street, Charlestown, Nevis