Terms & conditions

1. Introduction

1.1 The terms and conditions in this agreement applies to and between you, the User of this Website and Finotive Funding (www.finotivefunding.com), a trading name of Finotive Group Global, with a registered office Omirou Street 64, Imperium Tower, P.C. 3096, Limassol, Cyprus (Company Registration Number: HE459785). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website and our service. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this website and service operated by Finotive Funding ("us", "we", or "our").

1.2 In this Agreement “you” and “your” refer to users and prospective users of our website, “we”, “company”, “us” and “our” refer to Finotive Funding and “Service” refers to the services provided by us. “Parties” and “Party” refers to both users and ourselves, or either the user or ourself respectively. All terms refer to the offer, acceptance and consideration necessary to undertake the process of our assistance to our customers in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

1.3 Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to users of our website and/or service. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.

1.4. By using www.finotivefunding.com (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.

2. Age Restriction

2.1 This Site is offered and available to users who are 18 years of age or older. By agreeing to these Terms and using our service, you represent that you are of legal age to use the website.

2.2 This age restriction may differ from country to country. By using this Site and our application, you represent and warrant that you are of legal age within your jurisdiction or country to form a binding contract and meet all of the foregoing eligibility requirements.

3. Unauthorised access

3.1 It is unlawful to try and gain unauthorised access to this site, its servers, or any computer or database connected to this Site. You must not attack this site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will be committing a criminal offence. In the event of such a breach, your right to use this Site will cease immediately. We will report any such breach to the relevant law enforcement authorities.

3.2 We will not be liable for any loss or damage caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on them, or on any website linked to them.

4. Our Services/Process

4.1 The Finotive Funding website (www.finotivefunding.com) provides analytical trading tools which can be used by users as an educational tool or as an ancillary service.

4.2 Finotive Funding is not a brokerage and holds no license to the MetaTrader platform.

4.3 Finotive Funding is an affiliate of Finotive Markets LLC.

4.4 Finotive Markets LLC is licensed with MetaQuotes and offers it's traders access to the MetaTrader5 trading platform.

4.5 You acknowledge that any trading that you perform through the Service is not real. Funds provided to you during Phase 1 and Phase 2 are simply for trading on a Live Non-Execute trading account and you have no right beyond the scope of their use within our service. You are not entitled to those funds and they will not be used for real live trading. Unless expressly agreed otherwise and in conjunction with our Funded Trader Agreement, you will not be paid any remuneration or profits based on the results of your simulated trading, nor will you be required to pay any losses.

4.6 Finotive Markets LLC services for FX, Metals, Commodities, Indices and are all only quoted 24/5, however cryptocurrencies are available 24/7. Although you can hold positions over the weekend we offer no pricing, thus meaning you cannot open, close or modify any positions from Friday market close until Sunday market open.

4.7 Due to the fact all trading with Finotive Markets LLC is on live servers however non-execute, all trading experience will be that of live conditions. This means you may experience positive or negative slippage. If you are holding positions over the unquoted weekend period positive or negative slippage may occur and be significate.

4.8. The services offered by Finotive Markets LLC and Finotive Funding are not intended for residents of the U.S., Iran and North Korea, officially the Democratic People's Republic of Korea or use by any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation.

4.9. By registering with Finotive Funding Services, the customer acknowledges and agrees to provide accurate personal information as required for account creation. In accordance with regulatory requirements, Finotive Funding Services may be entitled to request Know Your Customer (KYC) documentation to verify the accuracy of the provided information.

The customer understands that Finotive Funding Services reserves the right to also conduct additional due diligence at any time throughout the business relationship. This may encompass a range of verification measures, including, but not limited to, the submission of supplementary documentation, participation in video verification or consultation through approved virtual meeting platforms, and any other procedures necessary to ensure adherence to applicable laws and regulations, as well as to uphold the integrity of the trading account.

Finotive Funding Services may also implement simplified or enhanced due diligence protocols based on the assessed risk associated with the customer’s profile or transaction or trading activity. Such measures are designed to provide a tailored approach to compliance, ensuring that both basic and complex risk factors are adequately addressed.

The customer acknowledges that failure to comply with such verification and due diligence requests may result in restrictions being placed on the account, suspension of services, or, in severe cases, termination of the business relationship. By agreeing to these terms, the customer understands that these measures are put in place

5. Order Process

5.1 To process an order for the service, the user must first register to gain access to the dashboard. From here, the user may choose to Open a new account, either a 1-step/2-step Challenge account or an Instant Funding account.

5.2 Finotive Funding is not a brokerage and holds no license with MetaQuotes. Therefore, in order to successfully complete the account purchase process and participate in our services, the user must agree to both the terms and conditions of Finotive Funding, AND the terms and conditions of our partnered brokerage, Finotive Markets LLC.

5.3 The user can then download the MetaTrader desktop platform via Finotive Funding dashboard or from the Finotive Markets site.

6. Finotive Funding account

6.1 Finotive Markets LLC. shall provide the Customer with access to a trading account (the “Trading Account”), which will be used within the Finotive Markets LLC Licensed MT5 Trading Platform as part of the Finotive Funding Services.

6.2 Access to the Finotive Funding Dashboard will be with the login credentials chosen by you when registering.

6.3 Access to the Trading Account will be with login credentials emailed to you by Finotive Markets LLC after successfully completing the purchase process.

6.4 The Customer shall not make available or provide the login data to the Trading Account, the Trading Platform, or the Client Dashboard to any third party. The Customer is responsible for the protection of login data and the Finotive Funding Account and for all activities that are performed through the Finotive Funding Account or the Trading Platform. Finotive Funding shall not be liable, and the Customer is not entitled to any compensation, for any misuse of the Trading Account, Trading Platform, or any part of the Services and for any negative consequences thereof for the Customer, if such misuse occurs for any reasons beyond the control of Finotive Funding.

6.5 The Customer acknowledges that they are operating using fully simulated trading conditions from the broker, Finotive Markets LLC.

6.6 All data provided by the Customer to Finotive Funding must be complete, true, and up to date. In the event of any change in the Customer’s data, the Customer must immediately send a notification to Finotive Funding from the Customer’s registered e-mail address; the notification must be accompanied by documents evidencing the change, if applicable. The Customer is responsible for all the provided data being always accurate and up to date; Finotive Funding is not obligated to verify the data.

6.7 The Trading Account and the Services may not be always available, such as during maintenance, upgrades, technical errors, or for any other reason. Finotive Funding shall not be liable, and the Customer is not entitled to any compensation.

6.7.1 for the unavailability of the Trading Account, the Dashboard, or the Trading Platform,

6.7.2 for any damages or loss of any data or other content that the Customer uploads, transfers, or saves via the Finotive Funding Account, the Dashboard or the Trading Platform,

6.7.3 or for any Finotive Market’s interventions or alterations in the Customer’s Trading Account requested by the Customer.

6.8 The Customer is not entitled to any compensation, and it is entirely at the discretion of Finotive Funding whether compensation is provided to the Customer and in what form or amount; provided however, the limitation of liability within the meaning of Clause 11 is not to be affected thereby.

6.9 In order to use the Services, the Customer must obtain the appropriate technical equipment (smart phone, laptop or desktop PC) and software, including third-party software (e.g., software/operating system for the use of the Trading Platform), at the Customer’s own risk and expense.

6.10 Finotive Funding does not warrant or guarantee that the Services will be compatible with any specific equipment or software. Finotive Funding provides no warranty as to the compatibility of the Services with any device, program, or add-on.

6.11 The Customer must follow the terms and conditions of the Trading Platform.

6.12 Leverages and Margin Rates

The leverage offered by Finotive Markets LLC varies depending on the Finotive Funding account type, and is also affected by the Margin Rate of different instrument groups.

The table below shows the base leverage for different account types:

The table below shows the margin rates for different instrument groups, and their effective leverage for different account base leverages.

Finotive Markets LLC Reserves the right to adjust leverages and margin rates at it’s own discretion. In such a case, the client would be informed of the changes by email.

Finotive Funding reserves the right to request Finotive Markets LLC to reduce the leverage of individual Customer accounts if it deems is necessary from a risk-perspective to encourage the Customer to abide by the rules laid out in section 7. In such a case, the Customer would be informed of the changes by email.

7. Rules

7.1. General Trading Rules

(a) It is prohibited to perform any sort of High-Frequency Trading, Arbitrage or Straddling strategies, or any other approach which exploit errors in the service such as errors in the display of prices or delays in their update, or any approach which gives the Customer an unfair advantage.

(b) It is prohibited to perform trades in contradiction with how trading should be performed in the financial markets in a way which causes Finotive Funding Financial harm, for example, over-leveraging, over exposure, one-sided bets, account rolling, reverse trading etc.

(c) It is prohibited to hedge across accounts, for example, purchasing two accounts and hedging across them.

(d) It is prohibited to use any 3rd party account management or challenge passing services.

(e) Collusion Rule: It is prohibited to collaborate with other Customers in any way. For example, simultaneously entering opposite positions on different accounts, multiple Customers placing the same trades, Customers sharing account logins, Customers reverse trading together.

(f) Inactivity Rule: In order to efficiently re-allocate resources and to ensure our servers and our dashboard are running at optimal performance, we have an Inactivity Rule. If the Customer has been inactive for 30 days, Finotive Funding reserves the right to close the account with no refund.

(g) Trading Behaviour Rule: In order to ensure the longevity of your trading account, after achieving funded status on either a 1-Step or 2-Step Challenge or Pro account, the Customer must continue to use the same strategy used to pass the challenge.

The trader must not:

i.) Increase their Average/Max cash risk per trade since being funded by more than 10% for each Instrument Class.

Instrument Classes are:

Forex

Metals

Indices

Energies

Equities

Crypto

For example, if a trader has an average cash risk of $1000 for Forex symbols during their successful challenge stages, their average cash risk for Forex symbols when funded must not increase more than 10% of this, in this case, $1,100.

ii.) Increase their Average/Max lot size per trade since being funded by more than 10% for each Instrument Class.

For example, if a trader has an average lot size of 10.00 for Forex symbols during their successful challenge stages, their average lot size for Forex symbols when funded must not increase more than 10% of this, in this case, 11.00.

iii.) Introduce new instrument classes since being funded.

For example, if a trader only trades Forex during the challenge, they must only trade Forex when funded.

iv.) Introduction of new trading methods since being funded.

For example, if a trader trades only manually during the challenge, they must not use EAs when funded.

Upon successful completion of the challenge, the trader will receive an email containing their limits calculated from the challenge trade data, to guide them on how they should trade in funded status.

7.2. Daily Drawdown Rule

During any Trading Day (23:00:00 CET to 22:59:59 CET the following day), at no point is the Customer's account balance nor account equity permitted to drop by a specified percentage of the previous Trading Day's closing balance. This specified percentage depends on the type of account as shown below:

7.3. Max Drawdown Rule

At no point is the Customer's account balance nor account equity permitted to drop by a specified percentage of the initial account balance. This specified percentage depends on the type of account as shown below:

7.4. Total Risk Rule

To protect our capital and encourage responsible trading behaviour, at no point can the Customer's Total Risk on open positions add up to a specified percentage of the previous Trading Day's closing balance. This specified percentage depends on the type of account as shown below:

Note: This rule only applies to Instant Funding models.

7.5. Stop Loss Rule

The Customer must use a stop loss on ALL positions at all times. No trades may be closed without a stop loss present.

Please note that newly opened positions are given a 120 second grace period to ensure that a stop loss has been added to an appropriate level. After this 120 second window, the risk of this new position will be included in the Total Risk value.

Note: This rule only applies to Instant Funding models.

7.6. Gambling Rule

When using our services, Gambling or all-or-nothing behaviour is not permitted. This may include, but is not limited to Revenge Trading, Over-Leveraging, Over Exposure or any other approach which is deemed to show all-or-nothing qualities such as risking the majority or more than your drawdown limits on open trades. Decisions will be made at our discretion.

7.7. Outcomes

In the event that the Customer breaks any of the rules laid out in Section 7, the following outcomes apply:

7.8 Disclaimers

If we discover at a later time that the Customer has breached any of our Trading Rules, Finotive Funding may retrospectively take action.

Finotive Funding reserves the right to modify the rules for Accounts at any time. In which case an email will be sent to the Customer informing them of any changes.

If the Customer has breached any terms in this agreement, Finotive Group Global also reserves the right to permanently ban the Customer from all Finotive Products if Finotive Funding deems that their trading activity poses a risk of causing us financial harm.

8. Challenge Accounts

8.1. Fees

Challenge accounts are available in either a 1-Step or 2-Step format, and are available in either USD, EUR or GBP. Account sizes and fees are fixed and will simply be billed in the chosen currency.

This is a one-time fee and is only refundable if the account is in profit on the 30th day of achieving funded status.

8.2. Objectives

During each stage of the Challenge, the Customer's objective is to achieve the specified profit target without breaching any rules set out in Section 7.

Upon achieving the profit target with all positions closed, the Customer may then press 'Progress to the next stage' in their dashboard. Their account will then be reviewed to make sure their trading falls in line with all rules in Section 7, and if successful, they will be progressed to the next phase.

8.3. Withdrawing Virtual Profits

Upon achieving funded status, the Customer may start withdrawing virtual profits immediately. After each pay-out there is a 7-day cool down before the next pay-out can be requested. Please note the minimum pay-out amount is $25.

If the Customers account is terminated due to breaching any rules in Section 7, they will not be entitled to claim any un-withdrawn profits.

The virtual Profit Split rate depends on the account type and may also vary depending on the application of any coupon codes. The standard Profit Split rates can be seen below:

8.4. Account Scaling

When funded, the Customer may wish to exchange virtual profits in order to Scale their account, increasing their account capital and potentially their virtual Profit Split Rate. If the trader choses to scale, the trader understands that they fully forfeit the profits exchanged, as these cannot be withdrawn.

If the trader wishes to withdraw profits made on top of the scaling target, they must request the withdrawal BEFORE requesting the scaling to avoid losing the excess profits. The Scaling plan can be seen below:

8.5. Account Refresh

The Customer may choose to Refresh a funded Challenge account to start afresh. This may be done once per account, and the Customer will be required to recoup these losses from future pay-outs. To recoup the losses, future pay-outs will be reduced, where Finotive's split will go fully towards recouping the losses, which when covered, the profits split will return to normal.

To claim an Account Refresh, the Customer should email [email protected] with their account number and request an account refresh.

9. Instant Funding Accounts

9.1. Fees

Instant Funding accounts are available in either a Standard or Aggressive format, and are available in either USD, EUR or GBP. Account sizes and fees are fixed and will simply be billed in the chosen currency.

This is a one-time fee and is non-refundable.

9.2. Objectives

Instant Funding accounts have no phases or profit targets, they must simply not breach any rules set out in Section 7.

9.3. Withdrawing Virtual Profits

Upon purchasing an account, the Customer may start withdrawing virtual profits immediately. After each pay-out there is a 7-day cool down before the next pay-out can be requested. Please note the minimum pay-out amount is $25.

If the Customer's account is terminated due to breaching any rules in Section 7, they will not be entitled to claim any un-withdrawn profits.

The virtual Profit Split rate depends on the account type and may also vary depending on the application of any coupon codes. The standard Profit Split rates can be seen below:

9.4. Account Scaling

The Customer may wish to exchange virtual profits in order to Scale their account, increasing their account capital and potentially their virtual Profit Split Rate. If the trader choses to scale, the trader understands that they fully forfeit the profits exchanged, as these cannot be withdrawn.

If the trader wishes to withdraw profits made on top of the scaling target, they must request the withdrawal BEFORE requesting the scaling to avoid losing the excess profits. The Scaling plans differ for Standard and Aggressive account types, and can be seen below:

Instant Funding Standard:

Instant Funding Aggressive:

10. Pro Accounts

10.1. Fees

Pro accounts are available in either a 1-Step or 2-Step format, and are available in either USD, EUR or GBP. Account sizes and fees are fixed and will simply be billed in the chosen currency.

This is a one-time fee and is only refundable if the account is in profit on the 30th day of achieving funded status.

10.2. Objectives

During each stage of the Challenge, the Customer's objective is to achieve the specified profit target without breaching any rules set out in Section 7.

Upon achieving the profit target with all positions closed, the Customer may then press 'Progress to the next stage' in their dashboard. Their account will then be reviewed to make sure their trading falls in line with all rules in Section 7, and if successful, they will be progressed to the next phase.

10.3. Consistency Rules

The Consistency Rules are implemented to ensure that Customers maintain the same trading strategy in Funded Status as they did during their successful Challenge Stages. Two straightforward rules govern this consistency, operating on 7-calendar day weeks beginning 30 days after the trader attains funded status:

a. Trade Quantity Consistency

Within any given week, the Customer's total weekly trade quantity should not deviate by more than ±25% from the specified limit.

b. Symbol Consistency

The Customer is provided with their top 5 Symbols, determined by the volume traded during the successful Challenge Stages. Additionally, an average volume is given for 'Other' symbols not included in their top 5.

In any given week, the Customer's total volume on these top symbols should not vary by more than ±25% from the specified limit. Similarly, the Customer's total volume on any other symbols should not deviate by more than ±25% from the specified limit.

Failure to comply with the consistency rules within a week of funded status will lead to the account being downgraded to a standard, funded challenge account of equivalent type (ie. a 200k 2-Step Pro account would be downgraded to a funded 200k 2-Step Challenge account), losing all pro benefits including Salary, reduced comms etc.

10.4. Trading Breaks

Recognizing the importance of breaks, Pro Customers have the flexibility to plan vacation weeks, referred to as Trading Breaks.

Each Customer may schedule one week-long Trading Break per 90-day cycle. During this designated week, trading will be temporarily disabled, and the Consistency rules will not be enforced. It's essential to note that weeks are defined as 7-calendar day periods starting from the day of the first trade in Funded Status.

To reserve a Trading Break, Customers can easily submit a request by emailing [email protected] at least 72 hours before the intended start of the requested Trading Break.

10.5. Quarterly Profit Target

In Funded Status, customers are obligated to achieve a cumulative virtual profit of 5% per quarter. Since customers can transition to Funded Status at any point during the year based on the completion of Challenge phases, 'Quarters' will be defined as 90-day periods starting from the date the customer initiates their first trade in Funded Status.

The Quarterly Profit Target encompasses all virtual profits, even those requested for pay-outs or scaling by the customer. Failure to meet this target will lead to the account being downgraded to a standard, funded challenge account of equivalent type (ie. a 200k 2-Step Pro account would be downgraded to a funded 200k 2-Step Challenge account), losing all pro benefits including Salary, reduced comms etc.

10.6. Withdrawing Virtual Profits

Upon achieving funded status, the Customer may start withdrawing virtual profits immediately. After each pay-out there is a 7-day cool down before the next pay-out can be requested. Please note the minimum pay-out amount is $25.

If the Customer's account is terminated due to breaching any rules in Section 7, they will not be entitled to claim any un-withdrawn profits.

The virtual Profit Split rate will be 75% for the first 30 days of funded status before then increasing to 100% thereafter.

10.7. Monthly Salary

While in Funded Status, customers are eligible for a monthly salary equivalent to 1% of their present Capital allocation. This payment occurs every 30 days, commencing from the date the customer initiates their first trade in Funded Status.

Should a customer fail to adhere to the 10.3 Consistency Rules or not meet the 10.5 Quarterly Profit Target, their account will be demoted to a Funded Standard Challenge account. In such cases, any ad-hoc salary accrued during the current 30-day trading period will be disbursed.

Furthermore, if a customer's account is terminated due to a violation of rules in Section 7, they will still receive any ad-hoc salary earned within the current 30-day trading period.

10.8. Pro Fair Use Policy

Traders receive their monthly salary when consistently trading during the Funded Status, following the guidelines outlined in 10.3. Consistency Rules. If a trader is discovered intentionally attempting to circumvent the consistency rule to receive the monthly salary without engaging in genuine trading, Finotive Funding reserves the right to, at its discretion, downgrade the trader to standard funded status without Pro benefits, and reject that month's salary payment.

10.9 Scaling Plan

When in Funded Status, the Customer may wish to exchange virtual profits in order to Scale their account, increasing their account capital and potentially their virtual Profit Split Rate. If the trader choses to scale, the trader understands that they fully forfeit the profits exchanged, as these cannot be withdrawn.

If the trader wishes to withdraw profits made on top of the scaling target, they must request the withdrawal BEFORE requesting the scaling to avoid losing the excess profits. The Scaling plan can be seen below:

11. Payments

11.1. The fee for Finotive Funding Accounts vary on the option a user selects (and other factors such as the amount of the initial capital, the account type etc.) when purchasing an account.

11.2 Notwithstanding the foregoing under clause 11.1, we reserve the right to provide our service on different conditions to any individual or legal entity at our sole discretion. Prices/fees are not fixed and may be subject to change at any time without any reference to you. Any change in prices/fees only affect future orders. We may offer a discount or promo/vouchers from time to time, but this is subject to change and shall be at our sole discretion. Once the promo or discount/voucher ends, you will be charged the standard price for the product. We have the right to end this discount or promo at any time without any reference to you.

11.3 Payment of fees is accepted in either United States Dollars (USD), Euros (EUR) or Pound Sterling (GBP) depending on the user's selection. If payment is made using currencies not available on the website, the user agrees that such payment will be subject to the market exchange rate at the time of payment.

11.4 Payment can be made using credit/debit cards via Pay.com or using Cryptocurrency via NowPayments. Payments made will be taken immediately. The user agrees to pay all charges incurred in paying the fees through the user's selected payment service provider. The user agrees to make payment in full as quoted by Finotive Funding.

11.5 You may be asked to supply certain information relevant during payment. This may include, without limitation, your name, your phone number, house address, email address, billing address, card details and any such information needed by us for you to complete payments. None of this information will ever be seen, stored or held by Finotive Funding but will be encrypted by either Pay.com or NowPayments.

11.6 Service charges are inclusive of all taxes. If a user is a legal entity or a trader, it is his/her responsibility to pay all required taxes in relation to using the service.

11.7. In order to protect our service against illegal activity, please be aware that third-party payments are not available, and the payment method details must match up with KYC and withdrawal details.

11.8 Pay-outs will be credited to the customers Finotive Pay account balance. From there the customer pay withdraw via various payment options.

12. Refund and cancellation policy

12.1 Payments made on this website are final with no recourse to a refund. Fees paid on the website is for access to the Finotive Funding challenge or services provided under it.

12.2 Notwithstanding the foregoing under clause 12.1, a user may request a cancellation for the service or withdraw from the contract within 14 days of placing an order without giving a reason. The user must send an email to [email protected] to complete the withdrawal from the contract and cancel the order. Once we have received the email, we will send a confirmation and process a refund. Refunds will be made to the original payment method used by the user in placing the order. PLEASE NOTE THAT CANCELLATION AND REFUNDS UNDER THIS CLAUSE ARE NOT AVAILABLE IF A USER HAS MADE A TRADE ON THEIR ACCOUNT WITHIN THE 14 DAYS STATED UNDER THIS CLAUSE. SHOULD THE USER PLACE A TRADE ON THEIR ACCOUNT WITHIN 14 DAYS OF MAKING AN ORDER, THE USER SHALL NOT BE ENTITLED TO A REFUND UNDER THIS CLAUSE.

12.3 If a user chooses to cancel their account after trading on it or fails to meet the conditions of the Finotive Funding Challenge after completion or verification or violating any terms of this Agreement, then the user will not be entitled to a refund even if the order or contract is cancelled.

12.4 In the event of a defective service, where we have been unable to deliver the services as promised, you must notify us immediately of such defective service. Once we have been informed, we will within 30 days of receiving the complaint try and remedy the defective service. If we are unable to remedy the defective service after the said 30 days, you may choose to withdraw from the contract by sending an email to [email protected] or claim a reasonable discount. If you choose to withdraw from the contract, we will provide a refund of any fees already paid.

12.5 You must not unjustifiably dispute a fee or payment you made either through a chargeback, dispute services or other similar methods. If you make such illegitimate claim for a refund or cancellation (e.g., through chargeback services, dispute services, or other similar services), we reserve the right at our sole discretion to cancel our service to you and refuse any future use of our website and services.

13. Fraudulent transactions

13.1 If in any event, there is a claim that our service has been used fraudulently and/or for illegal activities, we will co-operate with authorities who shall investigate this and if they find this to be true, we will flag and blacklist such user from ever using our services.

13.2 In the event of any claim that your payment card has been used without your permission or any other fraudulent use of payment cards, we will assist the bank and police authorities with any investigations including providing them with all relevant details about you, card authentication and any communications through or related to the website and services previously ordered.

14. Intellectual property

14.1 Subject to other terms in these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Finotive Funding (www.finotivefunding.com), our affiliates or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable Intellectual Property right laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.

14.2 Finotive Funding hereby grants you a limited, non-exclusive, non- transferable, non-assignable, non-passable, and revocable permission to use the information provided on our website ((www.finotivefunding.com) for your personal, non-commercial use and in accordance with the purpose for which the Services are provided. You are not permitted to sell or otherwise transfer the use of such information to any third-party without the express written consent of Finotive Funding.

15. Links to other websites

15.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Finotive Funding (www.finotivefunding.com) or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out their use. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or those in control of them. We advise that you read through their terms carefully before using the linked sites.

16. Account and user information

16.1 You may be required to fill out some information when registering or completing the order form for the use of our service. You must not impersonate someone else, create or use someone else's identity other than your own.

16.2 By continuing to use this Website, you represent and warrant that

(a) all information you submit is accurate and truthful;

(b) you have permission to submit Payment Information where permission may be required; and

(c) you will keep this information accurate and up to date.

16.3 Any data provided on the order form can be changed, corrected or updated on your account/profile. You are responsible for the information you provide and agree to inform us should any of the information changes. We are not obligated to verify any data provided to us.

16.4 We accept no liability for any losses or damages incurred as a result of your login details or other information about your account being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Finotive Funding immediately to suspend transactions or trading on your account.

16.5 Users are only allowed one email account login. It is a violation of our terms for a user to create multiple accounts.

16.6 The total number of Finotive Funding challenge and verification per user could be limited depending on the amount of the initial capital for the option ordered by the user or other conditions as may be set by Finotive Funding. The initial capital should not be transferred between products (either individual or mutually combined). Users may not also transfer or combine performance, data, parameters or other information between products.

16.7 Access to your account and/or the platform is through your login details. You should not share access to your account with any third party without our express written approval. We will not be held responsible for any damage suffered from sharing your login details. If you are a legal entity (such as a company), you may share access with your employees, affiliates or representatives. Any activity performed on your account is your sole responsibility and we will not be held responsible for any misuse of your account or trading platform.

16.8 Users may at any time request the cancellation or termination of their account or Live Non-Execute trading platform by sending an email to [email protected]. Users understand that should we cancel or terminate their account upon request, all services will cease with no recourse to a refund.

16.9 As an entrepreneur (trader) using the service, you may be required to provide an identification number or a tax registration number. If you provide us with such information, you will be regarded as an entrepreneur and some terms or offers herein this Agreement may not be applicable to you.

16.10 The Trader gives Finotive Funding permission to use any Funded Status and Withdrawal certificates as promotional material, to be used on any platform. This allows Finotive Funding to use these certificates as proof to prospective Traders.

17. Use of this website

17.1 When using the website and our service, you shall act in accordance with the following rules:

(a) The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

(b) You must be polite to our staffs should you ever contact them. You shall not use any swear word or make any racist, sexist, threatening words towards them.

(c) You must not display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or website without our prior written consent;

(d) You must not use our site or services available on it for illegal activities;

(e) Any attempts to publish or send malicious content through spyware and viruses or other similar things, with the intent to compromise another member's account or computer environment is strictly prohibited;

(f) You must not use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content.

(g) You acknowledge that your access to and use of the Services may be restricted or prohibited by laws in some countries, and you undertake to only access and use the Services in accordance with applicable laws.

18. Termination and cancellation

18.1 We may terminate your transaction if we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, Finotive Funding reserves the right to terminate your account or contract with us at any time without any notice to you.

18.2 We may also terminate your contract or account with us as specified under the clauses of this Agreement.

19. Our responsibilities

19.1 Your safety when using our site is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet is 100% secure. While we strive to use commercially acceptable means to protect the users of our website, we cannot guarantee its absolute security.

19.2 We will do our best to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the Service for operational reasons (e.g., for repairs, planned maintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension. We will not be liable for any damages or losses suffered by a user due to the inoperability of the website.

19.3 If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees, affiliates, partners, a shutdown or interruption on the trading), we will not be liable for this.

20. Disclaimers

20.1 We do not make any warranty or representation that the Website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate.

20.2 You understand that the financial market is very volatile/unpredictable and could result to complete loss of any initial capital. Thus, we make no guarantee of any specific results from the use of our Service. The services provided ìas isî and we do not make any guarantee from the use of such service. You use our service at your own risk. We do not guarantee any profit or interest from using our platform. We shall not be held liable for any loss suffered if you act in any way outside of the service provided.

20.3 Whilst every effort has been made to ensure that all descriptions of Services available on www.finotivefunding.com correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.

20.4 Any previous performances and profits are not a guarantee or indication of any future earnings or trades.

20.5 Whilst we do our best to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their security, personal details and computers. You understand that to use our service, you may require some technical equipment and software. It is your responsibility to purchase such equipment and software (including third-party software such as the trading platform). All purchases of the equipment and software shall be at your own expense and risk. We make no guarantee that our service will be compatible with any specific equipment or software.

20.6 Third-party websites with links from the Site have not been verified or reviewed by Finotive Funding. Your use and access to such third-party websites are made at your own risk.

20.7 You acknowledge and agree that Finotive Funding is not in control or operates the trading platform. The trading platform's terms, and conditions, privacy and cookies policy will therefore apply to your transaction on such platform. We recommend that you read through their terms and conditions, privacy and cookies policy before using the trading platform.

20.8 Information provided on this website does not constitute investment advice, financial advice, trading advice, or any other sort of advice and you should not treat any of the website's content as such. We do not recommend that any trade should be entered into. All activities carried out on the trading platform are at your discretion and you shall not hold Finotive Funding responsible for such trading actions.

21. Modification of service and these terms and conditions

21.1 Finotive Funding (www.finotivefunding.com) reserves the right to change the Website, its Content, any function or conditions of the services provided or these Terms and Conditions at any time. We shall provide you with reasonable notice if we make any change to these Terms and conditions except where we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.

22. Limitation of liability

22.1 To the maximum extent permitted by law, www.finotivefunding.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, any information contained therein or use of our service. Users should be aware that they use the Website, its content, services at their own risk. We accept no liability for any disruption or non-availability of our Website, any third-party services or website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

22.2 Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:

(a) any incorrect or inaccurate information on the Site and all interruptions to or delays in updating our website/Service;

(b) the infringement by you of any third-party Intellectual Property Rights;

(c) any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Site, or from transmissions via emails or attachments received from www.finotivefunding.com or its licensees.

23. Indemnification

23.1 You agree to defend, indemnify and hold harmless Finotive Funding, its employees, directors' shareholders, from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

(a) your use of and access to our site (www.finotivefunding.com) and our Services;

(b) your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein;

(c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;

(d) your violation of any applicable law, rule or regulation;

(e) any fraudulent behaviour, wilful misconduct or gross negligence;

23.2 The parties hereby warrant to act in accordance with the principles of fair dealing in the performance of the contract and in mutual negotiations and, in particular, not to damage the good reputation and legitimate interests of the other party.

24. No waiver

24.1 Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.

25. Severability

25.1 In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

26. Resolving disputes

26.1 If a dispute between a user and Finotive Funding is not resolved through an informal discussion within 14 days from the date a dispute arises, the parties agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be binding on the parties. Any mediator or arbitrator must be a neutral party acceptable to the parties. The cost of any mediations or arbitrations shall be borne by the party bringing a claim.

26.2 Nothing stated herein shall prevent either Party at any time from:

(a) seeking interlocutory or other immediate relief where a risk of imminent harm exists for that Party for which there is no other adequate remedy;

(b) pursuing court proceedings, where that Party considers it reasonable to do so; or

(c) exercising any rights and remedies that may be available to it in respect of a breach of the provisions herein these Terms of service.

27. Previous terms and conditions

27.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, or any version of the Trading Rules, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

28. Third-party rights

28.1 Nothing in these Terms and Conditions shall confer any rights upon any third- party. The agreement created by these Terms and Conditions is between you and Finotive Funding.

29. Law and jurisdiction

29.1 These Terms and Conditions and the relationship between you and Finotive Funding shall be governed by and construed in accordance with the laws of Cyprus, and you agree to submit to the exclusive jurisdiction of the courts in the country.

30. Entire agreement

30.1 These Terms, the Privacy Policy, refund policy and any other agreement contained on the Site or agreed by the parties constitute the entire agreement between you and Finotive Funding.

31. How to contact us

31.1 If you have any questions about our company's Terms and Conditions, or you would like to exercise one of your data protection rights, please do not hesitate to contact us on our contact details provided on this website or email us at [email protected].