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Terms & Conditions
Updated over 2 months ago

These General Terms and Conditions of Take Capital For Traders ( “GTC” ) govern the rights and obligations related to the use of the services ( “Services” ) provided by TakeCapital For Traders LLC, a company headquartered at Hunkins Waterfront Plaza, Suite 556, Main Street, Charlestown, Nevis, offered mainly through the website https://takecapft.com/ ( “Website” ). On the other side, there is the service taker (“ Client ”), who after filling out the forms with his/her required data, has given express consent to the GTC . For this reason, please read this GTC carefully. You are not obliged to use the Services if you do not agree or understand any part of these Terms, nor should you use the Services unless you understand and agree to their conditions.

1. Introductory Provisions

1.1 This GTC regulates the rights and obligations of the user (“you”, “your” or “Client”) of the Services provided by Take Capital For Traders LLC, a company headquartered at Hunkins Waterfront Plaza, Suite 556, Main Street, Charlestown, Nevis (“we”, “our” or “Provider”), consisting of providing tools for simulating foreign exchange trading in the FOREX market or simulating trading with other instruments in other financial markets; providing analytical tools, training and educational materials and other ancillary services, with the purpose of enabling the Client to submit to the TCFT Challenge.

1.2 The Customer, when registering on the Website or using the Services for the first time, enters into a contract with the Supplier, the purpose of which is to provide the Services described in item 1.1, thus granting full, express and irrevocable consent to this GTC.

1.3 The Services are intended only for persons over 18 (eighteen) years of age. By registering on the Site, you confirm that you are over 18 (eighteen) years of age. If the Customer is under 18 (eighteen) years of age, it will not be possible to use the Services.

1.4 Supplier shall not provide Services to Customer who: (i) is a national of or resident in Restricted Jurisdictions; (ii) is established, incorporated or has its registered office in Restricted Jurisdictions; or (iv) has a criminal record relating to financial crimes or terrorism. In such cases, Supplier reserves the right to refuse, restrict or terminate the provision of any Services to Customer.

1.4.1 Restricted Jurisdiction means countries determined as such by the Provider and published on the Website.

1.4.2 The use of any tool by any person who is covered by the prohibitions set out in item 1.4 for contracting the services is strictly prohibited, in particular the use of VPN to mask the origin of the access. If the Supplier discovers the use of any such device, it may immediately, without prior notice, restrict or terminate the provision of any Services.

1.4.3 When accessing your account, it is essential that the region of the Customer's IP address remains consistent. If our team identifies a change in region, we will contact you to confirm the change and request proof.

1.4.4 If the Customer travels and needs to access their account in a location other than the original IP region, they must inform the support team at support@takecapft.com so that the feasibility of access in the region where the Customer is traveling can be verified.

1.4.5 The Customer may use a VPS or a VPN, provided that such use is not intended to circumvent the prohibition of access in a Restricted Region. However, the system may flag your account if it detects anomalies in the IP addresses. When requested, the Customer must provide documentation and proof of ownership.

1.4.6 The use of VPS or VPN must be done through a static IP, a necessary condition for support to be able to add the IP to the access permissions list.

1.5 The Customer expressly acknowledges and agrees that:

  • All financial market information is used EXCLUSIVELY in simulated trading.

  • Any trading conducted through the Services is NOT REAL

  • The funds provided for trading are ENTIRELY FICTITIOUS

  • The Client is not entitled to own such fictitious funds.

  • Fictitious funds are made available ONLY to enable the simulation

  • Funds CANNOT be used for any real trading

  • There is NO right to payment of these fictitious funds

1.5.1 Unless expressly agreed otherwise, the Client will not be paid any remuneration or profits based on the results of simulated trading.

1.5.2 For Funded Traders who successfully complete the TCFT Challenge and Verification, remuneration will be calculated based on 80% of the virtual profits generated. This percentage may be increased to 90% upon specific performance and consistency criteria, as established by the Provider.

1.6 The Customer expressly acknowledges that:

  • None of the services provided constitute an investment service.

  • The Provider does NOT provide ANY guidance, instructions or information on how to conduct actual transactions

  • The Services do NOT constitute investment advice or recommendations.

  • Any information or statement cannot and will NOT be construed as financial advice.

  • The Supplier expressly disclaims any liability for the use of the information in real operations in the capital markets.

2. Contracting of Services

2.1 The Customer may request the Services through the Website, by filling out a specific form. After registration, the Customer will receive an email with the login details for access.

2.1.1 All data provided by You must be complete, true and up to date. You must notify us immediately of any change to your data or update it in the Customer Section. If the Supplier finds any data to be inaccurate and if the true data implies any limitation or restriction on the use of the Services, the Supplier may, immediately and without prior notice, restrict or permanently cease the Services, without any right to compensation to the Customer.

2.2 By registering, the Customer declares to have read, understood and expressly agreed to all the terms of this GTC. 2.3 The services contracted may include, among others, free evaluation, TCFT challenge and product verification. You must, at the time of registration, indicate which Services will be used.

2.3.1 You acknowledge that the free trial has a limited scope and time period.

2.3.2 In the case of the TCFT Challenge, the order is completed upon payment of the fee for the selected option, and the contract between the Customer and the Supplier is executed, the object of which is the provision of the TCFT Challenge and, if the conditions of the Challenge are met, the Verification.

2.3.2.1 The contract is concluded in English and filed in electronic format.

2.4 The TCFT Challenge fee varies according to the option selected and depends on the amount of simulated initial capital, the acceptable risk level, the parameters that must be met in order for the TCFT Challenge conditions and subsequent verification to be met. The final fee will be determined based on the option that the Client selects when filling out the form to request the TCFT Challenge.

2.4.1 The Supplier reserves the right to also provide the Services under individually agreed conditions, with the Supplier being solely responsible for determining such conditions, such as discounts and other non-cumulative benefits.

2.5 The fee paid allows you to access the TCFT Challenge. The Customer will not have any right to a refund of the fee if, for example, (i) he/she cancels the Customer Section; (ii) requests termination of the contract; (iii) does not use the contracted Services; (iv) does not complete the Challenge; (v) does not comply with the conditions of the Challenge or Verification; or (vi) if he/she violates the terms of this GTC.

2.5.1 If the Customer submits an unjustifiable complaint regarding the fee paid or disputes the fee paid with the bank or payment service provider (such as chargeback, dispute and other similar services), the Supplier shall have the right, at its sole discretion, to stop providing the Customer with any services and refuse any future provision of any services.

2.6 The TCFT Challenge option selected when placing the order will also be applied to the subsequent Verification. The Client will start the subsequent Verification and possibly other related products, with the parameters and the same currency that correspond to the TCFT Challenge option selected by You. Once the selection has been made, it is not possible to change it.

2.7 The Provider reserves the right to unilaterally change the rates and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the services purchased prior to the notification of the change.

2.8 You acknowledge that in order to use the Services, you must obtain the appropriate technical equipment and software, including third party software (e.g. software for use of the Trading Platform), at your own risk, and access to the internet, such equipment and software not being covered by the Services. The Provider does not guarantee that the Services will be compatible with any and all specific equipment or software.

2.8.1 You further acknowledge that the operators of the trading platforms are separate persons or entities from the Supplier and that there will be terms, conditions and privacy policies specific to these trading platforms, over which the Supplier has no influence or control.

3. Payment terms

3.1 The fees for contracting the Services will be charged in US dollars (USD). The fee may also be paid in other currencies listed on the Website, however, in this case, the fee amount for the selected TCFT Challenge option will be converted at the rates applied by the Supplier, which will display the total amount of the payment in the chosen currency. The Customer acknowledges that if payment is made in a currency other than that chosen on the Website, the amount will be converted in accordance with the exchange rates in force at the time of payment.

3.2 The customer may pay the fee for the selected TCFT Challenge option by payment card, bank transfer or other payment method accepted by the Supplier, as specified on the Website.

3.2.1 In the case of using a payment card or any other express payment method, payment will be made immediately. If bank transfer is chosen as the payment method, a proforma invoice will be sent in electronic format with the amount of the fee corresponding to the chosen Challenge. You undertake to pay the amount within the period specified on the invoice. The fee will be considered paid when its full amount is credited to the Supplier's account. Failure to pay by the due date will result in cancellation of the order.

3.2.2 The Customer shall bear all fees charged by the selected payment service provider.

3.3 Service fees are inclusive of all taxes. If the Customer is an entrepreneur (trader), he is obliged to fulfill all his tax obligations related to the use of the Services in accordance with applicable legislation and, in case of obligation, is obliged to pay taxes or other fees appropriately.

4. About the Simulated Trading Platform

4.1 The TCFT Challenge will be held in the Simulated Trading Platform environment, access to which is protected by a personal and non-transferable password made available to the Client after approval of the contract.

4.1.1 In the case of a Client registered as a legal entity, it will be its responsibility to allow the use of the Simulated Trading Platform only to authorized employees and representatives.

4.2 The total number of Challenges per Customer may be limited depending on the total sum of the simulated initial capital values of the products ordered by the Customer or based on other parameters defined by the Supplier.

4.2.1 Unless the Supplier grants an exception to the Customer, simulated initial capital amounts cannot be transferred between individual products or combined with each other.

4.2.2 The Client will also not be permitted to combine the performance of different Challenges for the purpose of obtaining Verification to operate in Phase 2.

4.3 The Client is responsible for all activities carried out through the Simulated Trading Platform, and the Provider shall not be liable for any improper use of the Simulated Trading Platform or for any negative consequences of its use, if such improper use occurs due to any conduct attributable to the Client.

4.4 The Client acknowledges that the Services may not be available 24 hours a day, especially when maintenance, updates or any other reasons that affect the availability of the Services are required. In particular, the Provider assumes no responsibility, and the Client is not entitled to any compensation, for the unavailability of the Simulated Trading Platform and for damage to or loss of any data or other content that the Client uploads, transfers or saves on the Simulated Trading Platform.

5. Simulated Trading

5.1 The Client expressly acknowledges that ALL trades are conducted in a PURELY SIMULATED environment on the Simulated Trading Platform. This environment is for educational and training purposes ONLY. The Client may conduct any simulated transactions, provided that they do not constitute trading strategies or practices prohibited in Clause 5.5.

5.2 For educational and skill development purposes, the Client agrees to follow good practice and standard market practices for simulated trading (such as risk management rules). These practices are implemented solely for learning and simulation purposes.

5.3 The Customer declares to understand that:

  • The entire trading environment is ENTIRELY SIMULATED

  • No transaction made has any real or monetary value.

  • Market data is used for simulation purposes ONLY

  • There is no actual trading or effective execution of orders.

  • All capital and profits are PURELY FICTITIOUS

5.4 The Provider is not responsible for the information displayed on the Simulated Trading Platform, nor for any interruption, delay or inaccuracy in the market information displayed through its Client Section.

5.5 The following practices are strictly prohibited:

5.5.1 During simulated trading, it is prohibited to:

a) USE, EVEN IF NOT DELIBERATELY, TRADING STRATEGIES THAT EXPLOIT ERRORS IN THE SERVICES, SUCH AS ERRORS IN THE DISPLAY OF PRICES OR DELAYS IN UPDATING THEM;

b) TRADES USING AN EXTERNAL OR SLOW DATA FEED;

c) CONDUCT, ALONE OR IN JOINTLY WITH ANY OTHER PERSON, INCLUDING CONNECTED ACCOUNTS OR ACCOUNTS HELD WITH DIFFERENT ENTITIES, BUSINESSES OR COMBINATIONS OF TRADING WITH THE PURPOSE OF MANIPULATING THE TRADING, SUCH AS SIMULTANEOUSLY ENTERING INTO OPPOSITE POSITIONS;

d) CONDUCT TRADING IN CONTRADICTION WITH THE TERMS AND CONDITIONS OF THE SIMULATED TRADING PLATFORM; e) USE ARTIFICIAL INTELLIGENCE, ANY SOFTWARE, ULTRA-HIGH SPEED, OR BULK DATA INPUT THAT MAY MANIPULATE, OR GIVE YOU AN UNFAIR ADVANTAGE WHEN USING THE SYSTEMS, OR SERVICES;

f) PERFORM GAP NEGOTIATION WHEN OPENING BUSINESS:

(I) WHEN MAJOR GLOBAL NEWS, MACROECONOMIC EVENTS OR CORPORATE REPORTS OR EARNINGS ("EVENTS") ARE SCHEDULED, WHICH MAY AFFECT THE RELEVANT FINANCIAL MARKET, IT IS NOT PERMITTED TO OPEN POSITIONS IN THE 5 MINUTES BEFORE AND AFTER A HIGH IMPACT NEWS RELEASE. IT IS PERMITTED TO KEEP TRADES OPEN DURING THIS PERIOD.

g) IT IS NOT PERMITTED TO CONDUCT TRADING IN CONTRADICTION WITH THE WAY TRADING IS ACTUALLY CONDUCTED IN THE FOREX MARKET OR IN ANY OTHER FINANCIAL MARKET, OR IN A WAY THAT ESTABLISHES JUSTIFIED CONCERNS THAT THE PROVIDER MAY SUFFER FINANCIAL OR OTHER DAMAGE AS A RESULT OF THE CLIENT'S ACTIVITIES (FOR EXAMPLE, OVER-LEVERAGE, OVEREXPOSURE, UNILATERAL BETTING, ACCOUNT ROLLOVER, ETC).

5.5.2 Considering that the Services are personal and non-transferable, You agree not to adopt the following conducts:

a) allow access and trading in your TCFT Challenge accounts by third parties and do not cooperate with third parties to carry out trading on your behalf, whether such third party is an individual or legal entity;

b) access any third party TCFT Challenge accounts; trade on behalf of any third party; or perform any account management or similar services.

5.5.3 The Client shall not exploit the Services by entering into trades without applying standard financial market risk management rules, which include, but are not limited to, the following practices (i) opening substantially larger positions compared to other positions of the Client in other trades, whether in this or any other account of the Client, or (ii) opening a substantially smaller or larger number of positions compared to other trades of the Client, whether in this or any other account of the Client.

5.5.4 The Supplier reserves the right to define, at its own discretion, other negotiations or strategies as prohibited practices, in addition to those stipulated in this contract.

5.5.5 In the event that the Client engages in any Prohibited Practice, as defined in section 5.5.14, the Provider may, at its sole discretion, take the following measures, regardless of gradation: (i) remove the transactions that violate the trading prohibition and/or not account for the results in profits and/or losses achieved in demo trading; (ii) immediately cancel all Services made available to the Client and terminate this agreement; (iii) reduce the leverage on any or all of the Client's accounts; or (iv) take any measure it deems appropriate to remedy the prohibited trading practice.

5.5.6 If prohibited practices are carried out using one or more TCFT Challenge accounts of the Client or third parties, or even through combination with a trader account, the Supplier may, at its sole discretion, cancel all Services and terminate all respective contracts of the Client and apply other measures provided for in this contract.

5.5.7 Risk Management Rules:

a) Opening a position without a stop loss order or risking more than 2% of the account balance on a single position will be considered a risk violation.

b) The Client has 3 minutes to protect his trade with a stop loss. If no stop is added within the 3-minute time frame, the trade will be flagged.

c) Up to 2 violations are allowed, but positive results from these operations that violate risk management rules will not be counted.

d) Any account with 3 violations will be automatically terminated.

5.5.8 Trading Rules During News:

a) It is permitted to keep open trades, but it is not permitted to open new positions in the 5 minutes before and after a high-impact news release.

b) Pending orders added but not executed during this period are not affected.

c) High-impact news events on Forex Factory fall within this restriction period and only instruments directly affected by the high-impact news are restricted. For example, USD-related news restricts trading on all USD-denominated pairs, indices, commodities and cryptocurrencies.

d) Up to 2 violations are allowed, but positive results from these trades that violate the trading rules during news will not be counted.

e) Any account with 3 violations will be automatically terminated.

5.5.9 Leverage and Position Rules:

a) The leverage offered is up to 1:30 and cannot be increased.

b) It is permitted to keep positions open during weekends.

5.5.10 Prohibited Trading Strategies:

The following practices are expressly prohibited:

  1. Gap trading

  2. High-frequency trading

  3. Server Spamming

  4. Latency arbitration

  5. Toxic Trading Flow

  6. Hedge

  7. Long/Short Arbitrage

  8. Reverse arbitrage

  9. Tick scalping

  10. Trading between opposing accounts

  11. Use of third-party trade copy services

  12. Allow someone else to manage your account

5.5.11 Minimum Trading Requirements and Inactivity Rules:

a) Trading Day Requirements:

  • It is necessary to trade at least 3 positive days during each phase of the assessment process (TCFT Challenge and Verification)

  • A day is considered positive when closed positions result in a positive virtual profit of at least 1.0% of the simulated initial balance.

  • At least one market position must be opened on each of these days.

b) Inactivity Rules and Deadlines:

  • Initial Activation: The Client has 30 (thirty) calendar days after receiving the login to activate the TCFT Challenge

  • Inactivity During Phases: Accounts will be suspended after 20 (twenty) consecutive days without trading

  • Verification Activation: The Customer has 20 (twenty) calendar days after receiving the Verification login to activate it.

  • Access Renewal: In case of suspension, the Customer has 6 (six) months to request renewal via the Customer Section or support@takecapft.com

  • Travel: The Customer must inform the support team in advance to manage the situation.

  • Consequence: After the above deadlines, the provision of the Services will be terminated.

5.5.12 Risk and Drawdown Parameters:

a) Loss Limits for TCFT Challenge and Verification:

  • Maximum Daily Loss: 5% of simulated initial capital

  • Total Maximum Drawdown: 10% of simulated initial capital

  • Calculation Basis: Considers the highest number between "Balance" or "Net Capital" at the beginning of the day

  • Period: Daily loss limit is reset every day at 00:00 CE(S)T/server

b) Calculation Examples:

  • If you start with a $100,000 account, your Equity cannot fall below $90,000 (maximum loss limit)

  • If at the beginning of the day the capital is $110,000, it cannot fall below $104,500 that day (daily loss)

  • If at the beginning of the day the balance is $102,000 and principal $101,000, the basis will be $102,000 and the limit $96,900.

5.5.13 Leverage and Position Rules:

a) The leverage offered is up to 1:30 and cannot be increased.

b) It is permitted to keep positions open during weekends.

5.5.14 Account Capital Allocation Limit:
Exceeding the $200,000 active capital limit across all active accounts is strictly prohibited. 'Active accounts' are defined as the total simulated capital in accounts that have ever had trades on them. Accounts found exceeding this limit may be suspended as per these terms and conditions.

For the purpose of these terms, 'active capital' is defined as the total sum of simulated capital in all accounts that have ever had a trade placed on them, unless such accounts have been formally deactivated. This measurement determines compliance with the maximum active capital limit of $200,000

Violation of this Account Capital Allocation Limit will result in account suspension, as outlined in these Terms and Conditions.

5.5.15 Account Deactivation and Reactivation
To ensure compliance with the active capital limit, Clients may deactivate accounts. An account can only be deactivated if all trades are closed. To request deactivation, the Client must submit a request via the Client Section/contact support. Deactivation requests will be processed within 2 business days. Once deactivated, the simulated capital in that account will no longer count towards the active capital limit. Reactivation of a deactivated account may be possible by the same procedure.

5.6 The Provider is not responsible for any trading or other investment activities carried out by the Client outside the demo trading platform, using, for example, data or other information from the platform, especially if the Client uses such information for trading on the financial market.

5.7 THE CLIENT DECLARES HIS EXPRESS, UNEQUIVOCAL AND IRREVOCABLE KNOWLEDGE THAT (I) THE DEVELOPMENTS IN THE FINANCIAL MARKET ARE SUBJECT TO FREQUENT AND ABRUPT CHANGES**;** (II) TRADING IN THE FINANCIAL MARKETS MAY NOT BE PROFITABLE AND MAY RESULT IN SIGNIFICANT FINANCIAL LOSSES; (III) ANY PAST PERFORMANCES AND PROFITS FROM THE CLIENT'S DEMO TRADING ARE NOT A GUARANTEE OR INDICATION OF ANY FUTURE PERFORMANCE.

6. Challenge and verification rules (Phases 1 and 2)

6.1. Once the fee for the selected TCFT Challenge option has been paid, the Client will receive the login details for the Trading Platform at the email address provided during registration. The TCFT Challenge (“Phase 1”) is activated when the Client opens the first demo trade on the Trading Platform. Therefore, the Client EXPRESSLY AND UNEQUIVOCALLY DECLARES THAT, WHEN OPENING THE FIRST DEMO TRADE, THE COMPLETE CONTRACTED SERVICES WILL BE AVAILABLE, WHICH WILL AFFECT THEIR RIGHT OF WITHDRAWAL, AS SPECIFIED IN MORE DETAIL IN CLAUSE 13. If the Client does not activate the TCFT Challenge within 30 (thirty) calendar days from the date on which the login is made available, access will be suspended. The Customer may request renewal of access through the Customer Section or by sending an email to support@takecapft.com within 06 (six) months after the start of the suspension, otherwise the provision of the Services will be terminated without any right to a refund of the fee.

6.2. The TCFT Challenge will be considered completed if the Client meets the Assessment Parameters set out below:

a) Comply with the Minimum Trading Requirements as per section 5.5.11;

b) Respect the Risk and Drawdown Parameters as per section 5.5.12;

c) the Client must make a total profit on all closed demo trades in the amount of at least 10% of the simulated initial capital.

6.2.1. The above parameters are also detailed on the website https://takecapft.com/

6.2.2. The Supplier will not need to assess the TCFT Challenge if the Client has not closed all trades.

6.3. If the Client has fulfilled the conditions of the TCFT Challenge specified in Clause 6.2 and at the same time has not violated any other provisions of this GTC, in particular the trading and demo rules contained in Clause 5.5 above, the Provider will assess the TCFT Challenge as successful and open the Verification stage (“Phase 2”) for the Client by sending the login data to the registered email.

6.4. The Client shall activate Verification by opening the first demo trade on the Trading Platform. If the Client fails to activate Verification within 20 (twenty) calendar days from the day the Client received the new login details, the Client’s access to Verification shall be suspended. The Client may request renewal of access via the Client Section or by sending an email to support@takecapft.com within 06 (six) months after the suspension, otherwise the provision of the Services shall be terminated without any right to refund.

6.5. Verification will be considered completed if the Client meets the Assessment Parameters defined below:

a) Comply with the Minimum Trading Requirements as per section 5.5.11;

b) Respect the Risk and Drawdown Parameters as per section 5.5.12;

c) the Client must make a total profit on all closed demo trades in the amount of at least 5% of the simulated initial capital.

6.5.1. The above parameters are also detailed on the website https://takecapft.com/.

6.6. In order for the Customer to fully comply with the Verification conditions, the Customer must meet the following, cumulatively:

a) The Client has met the Verification conditions specified in clause 6.5;

b) The Client has not violated this GTC, in particular the demo trading rules, pursuant to Clause 5.5;

c) During the TCFT Challenge and Verification phases, the Client has not exceeded the maximum total active capital allocation amount of USD 200,000 across all active accounts.

6.6.1 The Supplier does not need to assess Verification if the Customer has not closed all transactions.

6.7. If during the TCFT Challenge the Client fails to meet any of the conditions specified in Clause 6.2 and its sub-items, the TCFT Challenge will be assessed as unsuccessful, and the Client will not have access to subsequent Verification. If during Verification the Client fails to meet any of the conditions specified in Clause 6.5 and its sub-items, the Verification will be assessed as unsuccessful and the Client will not be recommended as a candidate for the TCFT Trader Program. In such cases, the Client's account and Services will be cancelled without refund of the fees already paid.

6.8. The Supplier recommending the Client as a candidate for the TCFT Trader Program does not in any way guarantee the acceptance of the Client into the said Program. The Supplier is not responsible for the rejection of the Client by the TCFT Trader Program for any or no reason.

7. TCFT Trader Program - Advanced Simulation Level

7.1 The Customer expressly acknowledges that:

  • The TCFT Trader program is an advanced level of the simulated environment

  • There is no trading with real capital

  • There is no real execution of orders in the market

  • The entire environment remains exclusively simulated

  • Any "profit" or "loss" is purely fictitious.

7.2 A Client who is successful in both the TCFT Challenge and Verification may be offered a contract by a third party company, at its sole discretion, to participate in the TCFT Trader Program. The terms, conditions and agreement between the Client and a third party company are strictly between the Client and the third party company.

Take Capital For Traders LLC is in no way involved with the TCFT Trader Program agreement – or lack thereof – executed between the third party company and the Client. The Client acknowledges that his/her personal data may be shared with a third party company for the purposes of considering the offer of such an agreement.

8. Use of the website, services and other content

8.1. The Website and all Services, including but not limited to the Customer Section, its appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples and any other content that may form the Website and the Services (collectively referred to as “Content”) are subject to legal protection in accordance with copyright laws and other legal regulations and are the property of the Provider or the Provider’s licensors. The Provider grants the Customer a limited, non-exclusive, non-transferable and revocable permission to use the Content for the purpose of using the Services for its 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 the Provider or the Provider’s licensors.

8.2. All trademarks, logos, trade names and other designations are the property of the Supplier or the Supplier's licensors, and the Supplier does not grant the Customer any authorization to use them.

8.3. The Customer and the Supplier undertake to act in accordance with the principles of fair dealing in the execution of the contract and in mutual dealings and, in particular, not to harm the good reputation and legitimate interests of the other party. The Customer and the Supplier shall settle any possible disagreements or disputes between them in accordance with this GTC and applicable law.

8.4. Except for the rights expressly set forth in these GTC, the Provider does not grant you any other rights in relation to the Services and other Content. The Customer may only use the Services and other Content as set forth in these GTC.

8.5. When accessing the Services and other Content, the following is prohibited:

a) use any tools that may adversely affect the operation of the Site and Services or that are intended to take advantage of errors, bugs or other deficiencies of the Site and Services;

b) circumvent geographical availability restrictions or any other technical restrictions;

c) make copies or backups of the Site and other Content;

d) reverse engineer, decompile, disassemble or otherwise modify the Site or any other Content;

e) sell, rent, lease, license, distribute, reproduce, disclose, transmit or otherwise use the Services or other Content in any manner other than as permitted;

f) use automated means to view, display or collect information available through the Site or Services; and

g) use any other tools or means whose use may cause damage to the Supplier.

9. Disclaimer and Risks

9.1. IMPORTANT NOTICE: SIMULATED NATURE OF THE SERVICES

CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT:

ALL SERVICES ARE PURELY SIMULATED AND EDUCATIONAL

NO TRADING HAS REAL OR MONETARY VALUE

THE RESULTS OBTAINED ARE EXCLUSIVELY FOR LEARNING AND SIMULATION PURPOSES

9.2. THE CUSTOMER ACKNOWLEDGES THAT THE SERVICES AND CONTENT ARE PROVIDED "AS IS", INCLUDING ANY ERRORS OR FAILURES, AND THAT THEIR USE IS AT THEIR SOLE RESPONSIBILITY AND RISK.

9.3. TO THE MAXIMUM EXTENT PERMITTED BY MANDATORY LAWS, SUPPLIER DISCLAIMS ALL 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.

9.4. TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF APPLICABLE LAWS, THE PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, PERSONAL OR OTHER NON-MONETARY DAMAGES OR DAMAGE TO PROPERTY, ARISING OUT OF THE USE OF THE SERVICES OR RELIANCE ON ANY TOOL, FUNCTIONALITY, INFORMATION OR ANY OTHER CONTENT AVAILABLE IN CONNECTION WITH THE USE OF THE SERVICES OR OTHERWISE. PROVIDER IS NOT RESPONSIBLE FOR ANY THIRD PARTY PRODUCTS, SERVICES, APPLICATIONS OR OTHER CONTENT THAT CUSTOMER USES IN CONNECTION WITH THE SERVICES.

9.5. IF THE SUPPLIER'S LIABILITY IS INFERRED IN CONNECTION WITH THE OPERATION OF THE SITE OR THE PROVISION OF THE SERVICES BY A COURT OF LAW OR ANY OTHER COMPETENT AUTHORITY, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT CORRESPONDING TO THE FEE PAID BY THE CUSTOMER FOR THE SERVICES RELATED TO WHICH THE CUSTOMER INCURRED THE LOSS.

9.6. The Provider reserves the right, at any time and without any compensation, to modify, alter, replace, add or remove any elements and functions of the Services.

9.7. The Supplier shall not be liable for failure to provide the Services if such failure occurs due to serious technical or operational reasons beyond the Supplier's control, in the event of any crisis, whether established or imminent, natural disaster, war, insurrection, epidemics, pandemics, threat to a large number of people or other force majeure events, and/or if the Supplier is prevented from providing the Services as a result of any obligations imposed by law or by decision of a public authority.

10. Violation of the GTC

IF THE CLIENT VIOLATES ANY PROVISION OF THIS GTC IN A WAY THAT MAY CAUSE ANY DAMAGE TO THE SUPPLIER, IN PARTICULAR IF THE CLIENT (I) ACCESSES THE SERVICES IN CONFLICT WITH CLAUSE 1.3 OR 1.4; (II) IF THE CLIENT PROVIDES INCOMPLETE, FALSE OR NOT UPDATED INFORMATION IN CONFLICT WITH CLAUSE 2.1.1; (III) IF THE CLIENT ACTS IN A WAY THAT MAY DAMAGE THE GOOD REPUTATION OF THE SUPPLIER; (IV) IF THE CLIENT VIOLATES THE DEMO TRADING RULES IN ACCORDANCE WITH CLAUSE 5.5; (V) IF THE CLIENT ACTS IN CONFLICT WITH CLAUSE 8.3; AND/OR (VI) IF THE CLIENT PERFORMS ANY OF THE ACTIVITIES REFERRED TO IN CLAUSE 8.5, THE PROVIDER MAY PREVENT THE CLIENT FROM REQUESTING ANY OTHER SERVICES AND RESTRICT, IN WHOLE OR IN PART, THE CLIENT'S ACCESS TO ALL OR ONLY SOME SERVICES, INCLUDING ACCESS TO THE CLIENT SECTION OF THE TRADING PLATFORM, WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY COMPENSATION.

11. Communications

11.1. The Customer acknowledges that all communication from the Supplier or its partners in connection with the provision of the Services will take place via the Customer Section or via the Customer’s email address registered at the time of registration. Written electronic communication by email or via the Customer Section is also considered written communication.

11.2. The Supplier’s email address is support@takecapft.com and our contact address is Hunkins Waterfront Plaza, Suite 556, Main Street. Charlestown, Nevis.

12. Duration and termination of contract

12.1. The contract is concluded for a defined period until the TCFT Challenge or Verification is approved or disapproved in accordance with Clauses 6.2 and 6.5 respectively.

12.2. The contract terminates automatically and with immediate effect, without any right to refund or compensation, in accordance with the Inactivity Rules set out in section 5.5.11.

12.3. The Client may request, by giving 7 (seven) days’ notice, the termination of the contract without cause by sending an email to support@takecapft.com. Sending a cancellation request is considered as a request for termination of the contract by the Client, and the Client will no longer be entitled to use the Services, including the Client Section and the Trading Platform. The Provider will confirm receipt of the request to the Client by email, whereby the contractual relationship between the Client and the Provider will be terminated. IN THIS CASE, THE CLIENT IS NOT ENTITLED TO ANY REFUND OF FEES ALREADY PAID OR COSTS OTHERWISE INCURRED.

12.4. The Supplier may also, at any time and without just cause, terminate the contract, by giving 7 (seven) days' notice, by sending a communication to the Customer's email or in the Customer Section.

12.5. The Supplier has the right to terminate the contract in the event of any breach by the Customer specified in these GTC. The termination shall take effect from the date of the commission of the breach, in the cases so permitted by these GTC, or on the day of delivery of the notice of termination to the Customer's email address or via the Customer Section.

12.6. The Supplier may also terminate this contract for just cause and with immediate effect when the provision of the Services under the contract affects the Supplier's ability to comply with its legal obligations or orders or decisions of governmental or other regulatory bodies.

12.7. In no event of termination of the contract due to fault of the Customer will the Customer be entitled to a refund of any amount paid or costs incurred.

12.8. If the services do not correspond to what was agreed or have not been provided, the Customer must notify the Supplier of the defect, and the Supplier must remedy the defect within 30 (thirty) calendar days of notification. If the defect cannot be corrected, the Customer may terminate the contract or request a discount.

13. Changes to the GTC

13.1. The Supplier reserves the right to amend this GTC from time to time, with effect for the contract previously concluded by the Customer. The Supplier shall notify the Customer of the amendment to the GTC at least 07 (seven) days before the amendment comes into effect, via the Customer Section or by email. If the Customer does not agree with the amendment, the Customer has the right to reject it. The Customer shall do so no later than the last business day before these amendments come into effect by sending the rejection to the email address support@takecapft.com. Upon receipt of such rejection, the contract shall be terminated. If the Customer does not reject the amendment, the Customer shall be deemed to have agreed to the new version of the GTC.

13.2. If the change offers the Customer a new service or other additional features or if this change is exclusively for its benefit, the Supplier may inform the Customer about this change within a period of less than 07 (seven) days from the effective date of such change, but no later than the day before its effectiveness.

14. Extrajudicial resolution of disputes regarding the law and jurisdiction applied.

14.1. Any and all conflicts arising from the execution of the Services will be resolved as a matter of priority out of court, directly between the Supplier and the Customer, applying the terms of this GTC and applicable laws.

14.2. Any legal relationships established in or related to this GTC, as well as any related non-contractual legal relationships, shall be governed by the Laws of the Island of Nevis. Any dispute that may arise in relation to this GTC and or related agreements shall be subject to the jurisdiction of the Court of the Island of Nevis having jurisdiction of the place according to the registered office of the Supplier.

15. Final provisions

15.1. This GTC constitutes the complete terms and conditions agreed between the Customer and the Provider and supersedes all previous agreements, whether oral or written.

15.2. Nothing in this GTC is intended to limit any legal claims set forth elsewhere in this GTC or arising under applicable law. If Supplier or any authorized third party fails to require compliance with this GTC, this shall in no way be construed as a waiver of any right or claim.

15.3 The Supplier may assign any right, interest or claim under this GTC or any agreement with the Supplier to any third party without the consent of the Customer. The Customer agrees that the Supplier may, as assignor, transfer its rights and obligations under this GTC or any agreement or parts thereof to any third party. The Customer is not authorized to transfer or assign the Customer's rights and obligations under this GTC or any agreement or parts thereof, or any receivables arising therefrom, in whole or in part, to any third party.

15.4. If any provision of this GTC is considered invalid or ineffective, it will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of a provision will 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 economic sector related to the subject matter of this GTC, which is not expressly mentioned in the GTC, will be applied and no right or obligation will be derived from them for the parties, nor will they be taken into account in the interpretation of the expressions of will of the parties.

15.5. Prior to mutual acceptance of this GTC, the parties have carefully assessed the possible risks arising therefrom and accepted these risks.

16. Definitions, expressions and abbreviations

16.1. For the purposes of this GTC, the expressions below shall have the following meanings:

16.1.1. Simulated initial capital: means a fictitious amount that the Client chose when selecting the TCFT Challenge option and that the Client will use to carry out simulated negotiations;

16.1.2. Customer: means the user of the Services;

16.1.3 TCFT Challenge and Verification Account: means the demo trading accounts relating to financial education courses provided as part of the Services by the Provider;

16.1.4. Prohibited Practices: means all practices listed in section 5.5.14 of this document;

16.1.5. Assessment Parameters: means the criteria established in sections 6.2 and 6.5 for approval in the program phases;

16.1.6. Supplier: means TakeCapital For Traders LLC, a company with registered office at Hunkins Waterfront Plaza, Suite 556, Main Street, Charlestown, Nevis;

16.1.7. Services: means all services offered by the Supplier through the Site;

16.1.8. Website: means the website https://takecapft.com/;

17. Contact Information

17.1. For all communications with the Supplier:

Address: Hunkins Waterfront Plaza, Suite 556, Main Street, Charlestown, Nevis

This GTC shall come into force and shall produce effects from the date of its publication on the website https://takecapft.com/.

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