TERMS AND CONDITIONS OF SERVICE (hereinafter referred to as “T&Cs”)

These Terms and Conditions (hereinafter referred to as “T&Cs”) regulate the rights and obligations associated with the use of the services provided by My Funding Account PSA (hereinafter referred to as the “Services”), offered via the website www.myfundingaccount.com (hereinafter referred to as the “Website” or the “Service”). Please read the following T&Cs carefully. Acceptance of the T&Cs is voluntary, but necessary for the use of the services of www.myfundingaccount.com. By accepting the T&Cs you confirm that you fully understand them and consent to be bound by them.

DEFINITIONS

Customer – a person of legal age, residing in the Provider’s area of operation, using
one or more of the Services of the Website, acting on their own behalf or on behalf of an entity (legal entity) pursuant to an authorisation,

Provider – the owner of the Service, My Funding Account P.S.A.at Wojciecha Korfantego Av. 138A, 40-156 Katowice, Poland KRS: 0001023771 NIP: 6343021306 REGON: 524681980

PROVIDER’S CONTACT DETAILS: The email address to contact the Provider is contact@myfundingaccount.com.

Service – the entirety of the Content and functionality available at www.myfundingaccount.com.

Services – one or more functionalities of the Website. The Provider, as part of the Service, provides Digital Services.

Consumer – a customer who is a natural person making a legal transaction not directly related to their economic or professional activity.

Entrepreneur on the rights of a consumer – an entrepreneur making a legal transaction not related to their professional activity, a natural person concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions of the Central Register
and Information on Business Activity.

Customer Section – the user interface located on the Website through which the Customer is given access to certain functionalities of the Website,

MFA Challenge Account, Verification, MFA Trader Account  – trading accounts linked
to trading education courses provided as part of the Services by the Provider;

Prohibited Commercial Practices – commercial practices strictly prohibited during the use of
Services.

Trading Platform – an electronic interface provided by a third party on which the Customer conducts simulated transactions;

I. PRELIMINARY PROVISIONS

1. These T&Cs regulate the rights and obligations in connection with the use of the Services provided by the Website.

2. The Website provides the following Services:

a) browsing the content of the Website,

b) contacting the Provider via the form,

c) Registration on the Website – Creation of a Customer Section,

d) use of the Services after registration on the Website: Free Trial Period, MFA Challenge
Verification, MFA Trader, use of the Trading Platform,

3. In order to use the Service, it is necessary for the Customer to have appropriate computer equipment along with software, including third-party software (e.g. software for using the Trading Platform). The service requires access to the Internet and is accessible from public, standard web browsers.

4. The Provider does not charge additional fees for an Internet connection or for forms of direct contact with the Provider.

3. The contract with the Provider, depending on the type of Services used by the Customer, is concluded at the time of the first use of the Website or when the Provider confirms receipt of the registration form or order form. 

4. The Customer may be a person who is over 18 years old, residing in the country for which the Services are available, or a legal person (entrepreneur) registered in the country for which the Services are available and operating in one or more countries for which the Services are available. The Customer may not be a natural or legal person residing or having its registered office in one of the countries referred to in Annex 3 to these General Terms and Conditions.

5. By registering on the Website, the Customer confirms that they are over 18 years old and has full legal capacity, and in the case of a legal person, that they will authorize only adults with full legal capacity to act on their behalf.

6. The Customer is obliged to use the Services only from one of the countries for which the Services are available. The Customer undertakes to access and use the Services in accordance
with the applicable legislation.

7. The Provider does not provide Services to the Customer who:

– has citizenship or resides in countries for which the provision of the Services is excluded;

– has its registered office, branch or place of business in countries for which the provision of the Services is excluded; 

– is subject to applicable international sanctions;

– is negatively verified in relation to AML regulations

8. The Provider reserves the right to refuse, limit, or terminate the provision of the Services to the Customer if the provision of the Services violates in any way the provisions of national or international law, or violates these Terms and Conditions.
In particular, it applies to the Trading Platform Service and the Customer Section.

9. The Provider provides Services consisting of the provision of tools for simulated currency trading on the FOREX market or simulated trading of other instruments on other financial markets, the provision of analytical tools, the provision of training
and educational materials, the creation of and access to the Customer Section and other support services, in particular through the Customer Section or by providing access to applications provided by the Provider. The Provider can also act as an intermediary to access applications created by third parties.

10. The Provider informs that simulated trading involves the use of financial market information, whereby the transactions carried out by the Customer are not real. The Customer is provided with a pool of funds determined by the Provider for the purpose of carrying out simulated trading activities as part of the Service’s activities. The Customer shall not be entitled to transfer these funds to another platform, to use them outside the Service, or to withdraw the funds.

11. The Customer shall not be remunerated for the result of the simulated trading as well as profit commission. The Customer shall not be obliged to cover any losses incurred as a result of their actions in the course of simulated trading activities via the Service.

12. The Provider does not provide investment services, as defined by law, as part of the Service. The Provider does not provide tips, instructions, or information on how to execute transactions when using the Service or information on investment tools, nor does it accept such tips from Customers. The Services do not constitute investment advice or recommendations. The Provider has not authorised any of its representatives, employees, or staff members to give investment advice, and prohibits such advice from being given on its behalf. In the event that any of the statements made by the Provider’s representatives, employees, and staff shall be construed as investment advice or recommendation, such persons shall be personally liable for such actions, and shall not then act on behalf of the Provider, but for their own account.

13. The services provided by the Provider shall not consist in the provision of services for the execution of orders for the purchase or sale of property rights and securities or the maintenance of cash, investment, or similar accounts.

14. The Provider is not an investment firm or brokerage house and does not offer access to any financial instruments, in particular the conclusion of CFDs.

15. The Provider does not provide investment or other similar advice.

16. The Provider is not a news agency and is not responsible for the truthfulness
and reliability of the data published on the Transaction Platform.

17. All data published on the Trading Platform such as financial instrument prices, reports, and statements come from external providers, and the Provider has no influence on their content or frequency of publication, in particular on the delays in their publication.

18. The Provider shall only provide Prop-Trading services on the basis of these T&Cs.

19. Having read these T&Cs, you acknowledge that by using the services of the Provider you do not conclude transactions on real financial instruments and therefore do not receive any property claims against the Provider or other financial market participants for transactions concluded on the Trading Platform, in particular such as dividends or other benefits related to the conclusion of transactions on real financial instruments.

20. Any services provided by the Provider to Customers are clearly indicated
in these T&Cs.

21. The Provider does not accept cash deposits from the Customers, and any fees borne by the Customers under these T&Cs are paid to the Provider as remuneration for the services provided by the Provider.

II. USE OF THE WEBSITE, SERVICES AND OTHER CONTENT

1. The Website and all Services, including the Customer Section, their appearance and functionality, published content, source information, are protected by copyright, which is the copyright of the Provider or entities with which the Provider has concluded license agreements. The Customer may only use the Website for personal use, as part of the Services provided.

2. All trademarks, logos, trade names and other signs are the property of the Provider or the Provider’s licensors, and the Provider does not grant permission to use them.

3. Both the Customer and the Provider undertake to act in accordance with the principles of fair conduct 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. The Customer and the Provider shall resolve any possible misunderstandings or disputes between them in accordance with these T&Cs and applicable law.

4. When using the Service, it is prohibited:

– to use of any tool that may adversely affect the operation of the Website and Services or that would seek to exploit errors, malfunctions, or other inadequacies of the Website and Services;

– to take steps to circumvent geographical accessibility restrictions or other technical restrictions;

– to make copies or backups of the Website and any content;

– to reverse engineer, decompile, disassemble or otherwise modify the Website;

– to use automated means to view, display, or collect information available through the Website or Services;

– to use any other tool or means, the use of which could cause any damage to the Provider.

5. The provisions of the T&Cs are not intended to deprive the Customer of the Customer’s consumer rights, which cannot be excluded by law.

6. Entrepreneurs using the services of the Website are not entitled to warranty rights. The Provider shall not be liable to the Entrepreneur for any damages, including lost profits, loss of data, personal injury, or property damage arising from the use of the services or consisting of the use of any tool, functionality, information, or other content available in connection with the use of the services or elsewhere on the website. The Provider is not responsible for the products, services, applications or other third-party content that the customer uses in connection with the services. In the event that, despite the provision referred to in the previous sentence, the Provider’s liability is established in connection with the operation of the website or the provision of services, the liability towards the  Entrepreneur will be limited to an amount corresponding to the fee paid by the Customer for the services in connection with which the Customer suffered a loss.

7. The Provider reserves the right to modify, change, replace, add, or remove any elements and features of the Services at any time. If the change materially and adversely affects the access of the Consumer or Entrepreneur on the rights of the Consumer to the digital content or digital service, the Provider is obliged to inform the Consumer or Entrepreneur on the rights of the Consumer well in advance on a durable medium of the change details and its date. The Consumer may terminate the contract without notice within 30 days from the date of the change referred to above, or notification of that change if notification is later than the change. The entitlement does not apply if the Provider has provided the Consumer or Entrepreneur in right of the Consumer with the entitlement to keep, at no additional cost, the digital content or digital service in conformity with the contract in an unaltered state.

8. The Provider shall not be liable for any defects in the Services or the inoperability of the Service if this occurs as a result of force majeure beyond the Provider’s control, in the event of any global crisis, natural disaster, war, insurrection, pandemic, or other events, and if the Provider is unable to provide the Services as a result of obligations imposed by law or decision of the competent authorities.

9. All communication from the Provider or their partners in connection with the provision of the Services will take place via the Customer Section or the email address provided by the Customer.

III. PROVISIONS CONCERNING REGISTRATION FOR THE SERVICE

1.       Some of the Services provided by the Provider require registration on the Website, i.e. the creation of a Customer Section.

2.       The customer can make a request for registration by filling in the form available on the website.

3.       Upon receipt of the form, the Provider immediately proceeds to verify the Customer. Verification may involve, among other things, the provision of personal data of the Customer such as identity card, residential address, documents confirming tax residency, biometric data in terms of image for comparison with data from the identity card. After successful and positive verification, the Customer will receive login details for the Customer Section and/or the Transaction Platform at the e-mail address provided.

4.       The Customer is obliged to provide truthful data on the registration form. At each stage of the relationship with the Provider, the Customer is obliged to provide truthful data, including being obliged to immediately notify any change to the data and update it in the Customer Section. The Customer is responsible for ensuring that all data provided is accurate and up-to-date; while the Provider is entitled, but not obliged, to verify the data.

5.       The Customer is obliged to indicate on the registration form whether they are an Entrepreneur or a Consumer or an Entrepreneur with Consumer Rights. If the Customer indicates in the registration form that they are an Entrepreneur, the provisions of these Terms and Conditions concerning Consumers shall not apply.

6.       As part of the Customer Services, the Provider enables the use of: Free Trial Period, MFA Challenge, MFA Trader. These products may vary in the scope of the Services provided depending on the time of registration and the Provider’s current offerings available on the website (e.g. through the available Customer Analytics tools). With a Free Trial Period, the Customer may use certain Services to a limited extent and for a limited time free of charge. Completion of the Free Trial Period does not entitle the Customer to access any other Services.

7.       A Customer who is registered with the Service is given access to the MFA Challenge order form.

8.       There is a fee to use the MFA Challenge service. The fee applies to access to the order form as well as to the Services provided as part of the MFA Challenge and is calculated based on the option selected by the Customer in the MFA Challenge order form to use the Service, the degree of acceptable risk selected by the Customer, the parameters that must be met for the conditions of the MFA Challenge and the subsequent Verification to be satisfied, and the detailed configurations made in the order form. The Customer calculates the fee before selecting the Service. By making the payment, the Customer confirms that he has received information about the fee calculation and accepts the price. Moreover, when making the payment, the Customer requests immediate performance and delivery of the digital service and acknowledges that once he gains access to the digital service, he will lose the right to withdraw from the contract.

9.       For fee information, see: www.myfundingaccount.com

10.   The Provider admits the possibility of granting discounts, rebates, and organising temporary promotions. The Provider reserves the right to provide the Services also on terms and conditions individually agreed in the negotiation process, which is possible by e-mail contact with the Provider. Individual discounts and other benefits may not be combined, unless otherwise expressly agreed by the Provider.

11.   If the Provider remains ready to provide the Services and the Customer does not use the Services for reasons attributable to the Customer, the Customer shall not be entitled to a refund of the fees paid, except for guarantees under consumer law. This means that the Customer who resigns from the Customer Section, fails to complete the MFA Challenge or any other Service on the Website, for reasons attributable to them, is not entitled to claim a refund.

12.   If the Customer submits a payment-related complaint to the Provider, a bank, or a payment service provider (e.g. through chargeback services, dispute services, or other similar services), based on which the Customer will request a cancellation or a refund of the fee or part thereof, the Provider shall be entitled to suspend the use of the Services until the complaint is resolved. The submission of unsubstantiated payment complaints may result in the temporary or permanent blocking of the provision of Services to the Customer, if the Provider assesses the Customer’s actions as infringing practices of a fraudulent nature. 

13.   The Customer selecting the MFA Challenge options on the order form declares the selection for the first and each subsequent phase of the MFA Challenge. Subsequent Verification will be initiated with the same parameters and currency selected on the first order form submitted by the Customer. Changing the parameters is considered as taking part in another MFA Challenge and requires another order and payment.

14.   A Customer submitting an order form will receive an email with information on the conditions necessary to complete the various phases of the MFA Challenge and gain access to Verification.

15.   The Provider reserves the right to change the fees and parameters of the Services at any time, including the parameters for successful termination. The change does not apply to Services purchased prior to notification of the change. Notification of the change will be made by sending an e-mail to the Customer at least 7 days before the planned change. For Customers who purchase Services (not in the process of using the Service), the price list and offer available on the website or in the Customer Section on the day of ordering shall apply.

16.   Any data entered on the order form can be checked, corrected, and modified until a binding order for the Services is placed. The ordering of the selected Services is carried out by submitting an order form, after the Customer has accepted the T&Cs, the Privacy Policy, and accepted the price calculation. The Provider will immediately confirm receipt of the order to the e-mail address provided by the Customer. In the case of a Free Trial Period, the order is completed upon delivery of the confirmation to the e-mail address, as a result of which the contract is concluded.

17.   For Paid Services, including the MFA Challenge, the order is completed once payment has been made for the selected option. The Customer is granted access to the Services once payment has been credited to the Provider’s account.

18.   As part of the Service, the Customer has the option to use the Transaction Platforms of other providers. Each Trading Platform has its own terms of service and privacy policy. The Customer is obliged to read these documents before submitting the order form.

19.   Placing of an unusual number of orders for Services within a short period of time is deemed to be a potentially damaging behaviour by the Customer. The Provider may notify the Customer through the Customer Section as a precautionary measure of an identified potentially harmful action by the Customer, with a view to mitigating it. If such unreasonable behaviour continues after such notice, Provider reserves the right to suspend further orders of Services by the Customer. If the Provider determines that the unusual behaviour referred to in this paragraph is related to the Customer’s participation in Prohibited Business Practices, the Provider may take appropriate action as provided for in the body of these T&Cs. The Provider reserves the right to determine, at their sole discretion, the nature of the conduct described above and the reasonable limits of such determination.

IV. TERMS OF PAYMENT

1.       Fee amounts of MFA Challenge options are in US dollars. The fee can also be paid in other currencies offered by the payment intermediary of the Customer’s choice, from those available on the Website.  If the Customer wishes to pay in another currency, the amount of the fee for the selected MFA Challenge option will be converted according to the exchange rates accepted in the system of the respective payment intermediary – the Customer’s bank.

2.      The fees for the Services are gross prices.

3.      The Customer is obliged to fulfil all the tax obligations relating to the use of the Services in accordance with applicable law.

4.      On the Website, it is possible to make payments by payment card, and in addition other means of payment, visible and available at the time of ordering on the Website.

5.      In the case of payment by credit card or any other express payment method, payment must be made immediately, together with submission of the order form.

6.      If payment by bank transfer is available for the Service, the Customer will receive data in the Customer Section to make a bank transfer to the My Funding Account PSA account. The fee is considered paid when the amount is credited to the Provider’s account.

7.      The Customer shall be liable for any fees charged to the Customer by the selected payment service provider (in accordance with the applicable price list of the payment service provider) in connection with the transaction.

V. CUSTOMER SECTION AND TRANSACTION PLATFORM

1. It is allowed for one person or entity to have only one Customer Section
and all Customer Services must be maintained in the Customer Section.

2. The Customer has the opportunity to access the Customer Section and the Trading Platform after entering an individual login and password. The Customer is obliged to protect their password. It is forbidden to use one Customer Section by more than one person, share your login and password, unless the Customer Section has been established by an Entrepreneur who is a legal person.

2. The total number of MFA Challenges one Customer Section may be limited depending on the total sum of the initial capital amounts of the products ordered by the Customer, or based on other parameters related to the technical capabilities of the Website and legal restrictions.

3. The amounts of initial capital may not be transferred between individual products or combined with each other. You also cannot transfer or combine your scores, Service parameters, data, or any other information between products. The above rule may be temporarily changed by the Provider by introducing special actions, discounts, promotions, whereby Customers will be informed of the change in the Customer Section and by e-mail.

4. The service is available 7 days a week, 24 hours a day. The Provider reserves the right to interrupt the operation of the Service due to maintenance, updating, technical problems, or introduction of modifications.

5. The Provider shall make every effort to ensure that the data entered into the Service is not lost. However, the Provider does not guarantee that data will not be lost due to technical problems, modifications, or updates to the Service.

6. The Customer may request the removal of the Customer Section at any time by sending an e-mail to contact@myfundingaccount.com . Sending a request for cancellation of the Customer Section shall be deemed to be a request for termination by the Customer. The Provider will immediately acknowledge receipt of the request to the Customer by e-mail, as a result of which the contractual relationship between the Customer and the Provider will be terminated. In this case, the Customer is not entitled to use the Customer Section. The Customer does not receive a refund of fees or costs already paid.

VI. DEMO TRADING

1. The Demo Trading Service shall allow the Customer to make any transactions, unless they constitute prohibited strategies or trading practices within the meaning of the clause.

2. The Customer is obliged to comply with good, standard market rules and practices regarding trading in financial markets (e.g. risk management rules). Restrictions may also be imposed by the trading terms and conditions of the Trading Platform selected for trading.

3. The Provider shall have access to information about the transactions executed in the demo trading that the Customer executes on the Trading Platform.

4. A Customer who is an Entrepreneur by accepting the T&Cs consents to the Provider sharing this information with other persons/entities who are in a group with the Provider or are otherwise related to the Provider, and consents and authorises the Provider and these persons/entities to process this information at their discretion. These actions can be performed automatically without the need for further consent, consultation or approval from the Customer. In connection with the provision of transaction data, the Customer is not entitled to any remuneration. The Provider is aware that the Customer is not providing any investment advice or recommendations to the Provider through their demo trading.

5. The Customer may suspend your demo trading on the Trading Platform at any time.

6. The Provider indicates that the information displayed on the Trading Platform may contain inconsistencies, as well as interruptions, delays, or inaccuracies in the market information displayed via the Customer Section may arise, regardless of the Provider’s actions, due to technical problems.

VII.  PROHIBITED TRADE PRACTICES.

1. During demo trading, it is prohibited:

– the conscious or unconscious use of trading strategies that exploit service errors, such as errors in the display of prices or delays in updating them;

– executing transactions via an external or free data channel;

– the execution, either alone or in collaboration with others, including between linked accounts or accounts held in different MFA units, of transactions or combinations of transactions that are intended to manipulate trading, for example by entering into opposing positions simultaneously;

– executing trades in contravention of the terms and conditions of the provider and the trading platform;

– the use of any software, artificial intelligence, ultra-fast or mass data entry that may manipulate, abuse, or give an unfair advantage when using the systems or services;

– executing trade during the break by opening trades:

– when important global news, macroeconomic events, or corporate reports or earnings (“events”) are scheduled that may affect the relevant financial market (i.e. a market that allows the trading of financial instruments that can be affected by events). Those events are:

– 2 minutes or less before those events occur or 2 minutes after those events or more; or

– the execution of other transactions in contravention of actual trading on FOREX or any other financial market, or in a manner that gives rise to a reasonable concern that the Provider may suffer financial or other losses as a result of the Customer’s deliberate actions (e.g. excessive leverage, overexposure, one-sided betting, account postponement).

2. It is forbidden to:

– permit access to and trading in MFA Challenge accounts by another person or entity for the purpose of executing trades for the Customer,

– access any accounts of other Customers MFA Challenge, MFA Trader, trade on behalf of other Customers, operate or manage MFA Challenge, MFA Trader accounts on behalf of other Customers.

3. The Customer should not exploit the Services by trading without following the standard risk management rules of the financial markets, which include, but are not limited to, the following practices (i) opening significantly larger items compared to other Customer trades, whether on this or any other Customer account, or (ii) opening significantly smaller or larger items compared to other Customer trades, whether on this or any other Customer account.

The Provider reserves the right to determine, at their sole discretion, whether certain transactions, practices, strategies, or situations constitute the above indicated Prohibited Business Practices.

4. If the Customer conducts one or more of the Prohibited Business Practices

– The Provider may consider this as a failure to meet the conditions of a specific MFA Challenge or MFA Trader – the Provider may remove the offending trades from the Customer’s trading history and/or not include their results in the profits and/or losses achieved by the demo trade,

– immediately cancel all Services provided to the Customer  and consequently terminate this agreement,

– reduce the offered leverage on products to 1:5 on any or all Customer accounts.

5. In the event that some or all of the Prohibited Trading Practices are executed on one or more MFA Challenge accounts, MFA Trader accounts of one Customer, or accounts of different Customers,

or by combining trading through MFA Challenge Accounts and MFA Trader Accounts, then the Provider shall have the right to cancel all Services and terminate all relevant agreements relating to any and all MFA Challenge and Customer accounts and/or apply any other measures in the Clause.

6. The Provider may take any or all of the actions indicated above at their sole discretion.

7. If any MFA Trader accounts have been used for or have engaged in Prohibited Trading Practices, this can and will constitute a breach of the relevant terms and conditions and policies for the MFA Trader account and may result in the cancellation of all such user accounts and termination of the relevant contracts by the third party provider.

8. If the Customer repeatedly engages in any of the practices described in the points above and the Provider has previously notified the Customer and called on the Customer to stop, the Provider may prevent the Customer from accessing all or part of the Services, including access to the Customer Section and the Trading Platform, without any compensation. The Customer is not entitled to a refund of fees.

9. The Provider shall not be liable in any way for trading or other investment activities carried out by the Customer outside the relationship with the Provider, for example by using data or other information from the Customer Section, the Trading Platform, or otherwise related
to the Services in actual trading on the financial markets, even if the Customer uses the same Trading Platform for such trading that the Customer uses for demo trading.

10. The Customer acknowledges that changes in the financial markets occur frequently and suddenly. Trading the financial markets may not be profitable and may result in significant financial losses and no previous results and profits from a Customer’s demo trading are a guarantee or indication of any further results.

VIII. MFA CHALLENGE AND VERIFICATION

1. After paying the fee for the selected MFA Challenge option, the Customer will receive the relevant login details for the Trading Platform to the e-mail address provided by the Customer or in the Customer Section.

2. The Customer activates the MFA Challenge by purchasing the selected product.

3. A Customer who is a Consumer and an Entrepreneur with the rights of a Consumer when paying for the product, requests immediate performance and delivery of the digital service and acknowledges that once he gains access to the digital service, he will lose the right to withdraw from the contract.

4. The Customer shall activate the MFA Challenge within 30 calendar days of the Provider first making the Service available to the Customer. Failure to activate within this period will result in suspension of access to the Service. The Customer may request renewal of access via the Customer Section or by sending an email to contact@myfundingaccount.com within 3 months of suspension, otherwise the Provider will terminate the Services without the right to a refund of the fee.

5. In order for the Customer to meet the MFA Challenge, the Customer must simultaneously meet all the parameters set out in Annex 4. 

IX. MFA TRADER

If the Customer performs very well in the Provider’s assessment of the MFA Challenge, the Customer may receive an offer from the Provider, at their sole discretion, to participate in the MFA Trader Programme. The terms and conditions of participation in the MFA TRADER Programme are binding for the Customer. The Customer acknowledges and agrees, by ticking the relevant checkbox upon registration, that their personal data may be shared with a third party company for the purpose of considering offering participation in the MFA Trader Programme and that they accept, in such case, Annex 2 to these Terms and Conditions including the MFA Trader Terms and Conditions.

X. RIGHT OF WITHDRAWAL

1. The Consumer, and the Entrepreneur with the rights of the Consumer, shall have the right to withdraw from the contract without giving any reason within 14 days from the conclusion of the contract, unless they make a declaration to waive their right and request the commencement of the Services, before the expiry of the deadline for withdrawal.

2.  The statement of withdrawal from the contract should be sent to the e-mail address contact@myfundingaccount.com within the prescribed period.. The Provider will acknowledge receipt of the statement without undue delay. In the event of withdrawal from the contract, the Provider shall refund (no later than 14 days after withdrawal from the contract) all fees that the Customer has so far paid to the Provider, in the same manner in which they were received.

3. The Consumer and the Entrepreneur with the Consumer’s rights may withdraw from the contract without calling for the delivery of digital content or a digital service if:

– it is clear from the Provider’s statement or circumstances that it will not provide digital content or a digital service, or

– the Consumer (or/and Entrepreneur with Consumer Rights) and the Provider have agreed, or it is clear from the circumstances of the conclusion of the contract, that a specific deadline for the delivery of the digital content or digital service was of significant importance to the Consumer and the Entrepreneur with Consumer Rights, and the Provider failed to deliver within that time.

XI. FLAWS OF THE SERVICES PROVIDED

1. In relation to the Consumer and the Entrepreneur on the Consumer’s rights, the Provider is responsible for the non-compliance of the Services or Digital Content with the contract, on the terms resulting from the provisions of law.

2. In the event of non-compliance of the Services or Digital Content with the contract, authorized entities may request to bring it to a state consistent with the contract.

3. If it is impossible or would require excessive costs for the Provider to bring the Services or Digital Content into compliance with the Agreement, the Provider may refuse to bring the Services or Digital Content into compliance with the Agreement.

4. The Provider shall bring the Services or Digital Content into compliance with the Agreement immediately, no later than within 30 days of receipt of the request.

5. The Consumer or the Entrepreneur with the Consumer’s rights have the right to submit a statement of withdrawal from the contract or price reduction in the following cases:

– the Provider has refused to bring the Services or Digital Content into conformity with the Agreement;

– the Provider has failed to bring the Services or Digital Content into compliance with the Agreement;

– the non-conformity of the Services or Digital Content with the Contract continues even though the Provider has attempted to bring the Services or Digital Content into conformity with the Contract;

– the lack of conformity of the Services or the Digital Content with the Contract is such as to justify either a reduction in price or cancellation of the Contract without first having recourse to the remedies referred to above;

– it is clear from the Provider’s statement or other circumstances that they will not bring the Digital Services or Digital Content into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer or the Entrepreneur in the Consumer’s rights.

6. The reduced price must be in such proportion to the price resulting from the contract, in which the value of the Services or Digital Content inconsistent with the contract remains to the value of the Services or Digital Content provided without defects (in accordance with the contract). If the Services or Digital Content are provided in parts or on a continuous basis, the reduction of the Price shall take into account the time during which the Services or Digital Content were not in conformity with the contract.

7. In the event of submitting a statement of withdrawal from the contract or price reduction, the Provider shall return the due funds immediately, no later than within 14 days from the date of receipt of the statement of price reduction.

8. The right to withdraw from the Agreement is not granted if the Services or Digital Content are provided in exchange for payment of the price, and the non-compliance of the Services or Digital Content with the Agreement is irrelevant.

9. The Provider shall be liable for the non-conformity with the contract of digital content or digital service delivered in one go or in parts, which existed at the time of delivery and became apparent within two years of that time. Any lack of conformity of the digital content or digital service with the contract which becomes apparent before the expiry of one year from the time of delivery of the digital content or digital service shall be presumed to have existed at the time of delivery.

10. The Provider shall be liable for non-compliance with the contract of digital content or digital service provided in a continuous manner, which occurred or became apparent at the time when it was to be provided in accordance with the contract. The non-conformity of the digital content or digital service with the contract shall be presumed to have occurred within that time if it became apparent within that time.

XII. TERMINATION OF THE CONTRACT

1.       The Provider may terminate the Agreement for valid reasons on their side,
 at 30 days’ notice, in particular in the event of:

– changes in legislation, administrative decisions or other constraints beyond the Provider’s control

– a change in technical, organisational, or global conditions which will make it impossible to provide the Services or significantly hinder the provision of the Services,

– decision to close down the Service, transform the Service, or change the way it operates

2. Customers will be informed of the termination by e-mail and possibly additionally by a statement from the Provider published on the Website.

3. The Customer may terminate the Agreement at any time by sending a
notice of termination to the e-mail address.

XIV. AMENDMENTS TO THE GT&Cs.

1.       The Provider reserves the right to amend the T&Cs.

2.       The Provider shall notify the Customer of a change to the T&Cs at least 7 days before the change to the T&Cs takes effect, either via the Customer Section or by e-mail.

3.       If the Customer does not agree with the change, they have the right not to accept it. The Customer must do so no later than the last day before these changes take effect by sending a statement to the e-mail address contact@myfundingaccount.com. Upon receipt of such a rejection, the agreement will be terminated. If the Customer does not make a statement, they shall be deemed to have agreed to the new version of the T&Cs.

XV. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES

1.       The Consumer has the right to take advantage of non-judicial means of dealing with and asserting claims. The Consumer has the option:

– to apply to a permanent amicable consumer court for the settlement of a dispute arising from the concluded Agreement

– to obtain help of a regional (local) consumer rights advocate or a social organisation, which is in charge of consumer protection.

More detailed information can be sought by the Consumer at http://www.uokik.gov.pl.

2.       The Consumer may also use the ODR platform available at http://ec.europa.eu/consumers/odr. The platform is used for resolving disputes between consumers and entrepreneurs aiming at out-of-court resolution of disputes regarding contractual obligations resulting from an online sales contract or a service provision contract.

3.       Nothing in these Terms and Conditions is intended to infringe the Customer’s rights. They must not be interpreted in this manner, as in case of discrepancies between any parts of these terms and conditions and the legal provisions in force, the Seller declares that they will unconditionally obey by and apply the legal provisions instead of the questioned provisions of the terms and conditions.

XVI. CHOICE OF LAW AND COMPETENT COURT

1. The operation of the Service is subject to the laws of Poland. Any disputes will be settled by the courts in Poland.

2. The provisions of point 1 shall not deprive consumers of the protection afforded to them by the laws in force in the relevant Member State of the European Union or in any other jurisdiction, if the rules of international law do not settle the matter.

XVIII. FINAL PROVISIONS

(1) If any provision of the T&Cs is found to be invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision will not affect the validity of the remaining provisions.

2. Attachments to the T&Cs constitute an integral part of the T&Cs. In the event of a conflict between the content of the main text of the T&Cs and any of its appendices, the main text of the T&Cs shall prevail.

These T&Cs enter into force and are effective as of (date) 01.04.2024 .

ANNEX 1

MFA CHALLENGE OPTIONS and individual phases are always indicated on the Service page: https://myfundingaccount.com/.

ANNEX NO. 2

MFA TRADER CONDITIONS.

1.1.             The performance of the Customer’s demo trading will always be evaluated by the PROVIDER for a period of 14 days or depending on the product variant selected by the Customer, unless the Customer submits a withdrawal request before the end of this reference period (the “Reference Period”). The Reference Period always starts on the day of the first demo transaction in the MFA TRADER account and ends after 14 days or on the final day of the Profit Sharing Day (i.e. 23:59:59 Central European Summer Time (CE(S)T)) specified in the Customer’s withdrawal request, if the request is made in accordance with Section 3.7. The end of the Reference Period means the end of the day falling on the last day of the Reference Period (i.e. 23:59:59 Central European Time (CET)); for example, if the first day of trading is on 1 January, the Reference Period of 14 days will last until 23:59:59 CET on 14 January;

1.2.             The value of the initial demo capital for demo trading under this Agreement (referred to as “Capital”) and, where applicable, the currency, risk option, and other parameters that apply to demo trading under this Agreement are set out in Annex 1. The value and currency of the Capital must be the same as the amount and currency of the initial demo capital that the Customer has selected for demo trading under the Challenge and Verification services offered by the Provider (the “Evaluation Services”). If the Customer has successfully completed several Assessment Services, the Customer may request the PROVIDER to increase the Capital in the MFA TRADER account to an amount equal to the total of the initial demo capital amounts successfully completed under the Assessment Services (e.g. The Customer completes the Challenge and Verification service with a capital of USD 50,000 and Challenge and Verification with a capital of USD 100,000, in which case the Customer may request an MFA TRADER account with a capital of up to USD 150,000). The maximum total amount of Capital, individually or in combination, is USD 600,000 per Customer. The final decision to authorise an increase in Capital is always at the sole discretion of the PROVIDER, who may approve or reject the authorisation. The PROVIDER may make the increase of the Capital subject to the conclusion of a new agreement to replace this Agreement.

1.3.             If the Customer becomes entitled to the Award, demo trading within the respective trading cycle will be terminated and all open positions will be closed. The Customer is obliged to close all trading positions by the end of the Reference Period; if the Customer fails to close the items on time, the PROVIDER will automatically close all open items on behalf of the Customer. Once the legitimacy of the Customer’s entitlement to the Award has been verified, the Customer will be able to start a new trading cycle and the PROVIDER will either provide the Customer with new login details for the MFA TRADER account; or restore the Customer’s access to the account previously used by the Customer with the history and parameters of that account being reset to their initial values. All parameters of the MFA TRADER account will be reset to their initial values, including the value of the Capital (in other words, all gains and losses will be nullified), unless the Customer transfers the portion of the value, to which they are entitled to be paid out as Awards to the next trading cycle in accordance with clause 3.8.

1.4.             If the Customer is not entitled to an Award at the end of the Reference Period, the Customer will continue to trade the demo under the same conditions, i.e.:

A)    the reference period will automatically be extended by a further 14 days

B)     all parameters of the MFA TRADER account, including the current amount of Capital on the basis of which the Customer trades demo, will remain unchanged;

1.5.             If the Customer engages in any Prohibited Trading Practice, the Customer shall forfeit their entitlement to the Award for the relevant Reference Period and, in addition, (i) the PROVIDER may remove from the Customer’s trading history those demo trades that violate the prohibition, and/or (ii) not include their results in the gains and/or losses achieved in demo trading, and/or (iii) immediately close the Customer’s MFA TRADER account and subsequently terminate this Agreement, and/or (iv) limit the offered leverage on products to 1:5 on any or all of the Customer’s accounts. In the event that any Prohibited Trading Practices are used on one or more MFA TRADER accounts of the same Customer, on MFA TRADER accounts of different Customers, or through a combination of trading on an MFA TRADER account and trading within the Assessment Services (i.e. Challenge and Verification), the PROVIDER shall have the right to cancel all MFA TRADER accounts and terminate the relevant contracts used for or engaged in the Prohibited Business Practices and/or apply other measures at their sole discretion.

1.6.             If any user accounts of the Assessment service have been used to carry out or have been in any way involved in Prohibited Commercial Practices, the Provider shall have the right to delete the user accounts from the Services cancel access to the Services and/or invalidate the Customer’s performance on the Services and/or other services that have been used or have been in any way involved in Prohibited Commercial Practices. The Provider shall have the right to act at their own discretion to remedy the breach and protect against the risk of a repeat breach.

1.7.              Any losses incurred during demo trading are covered unilaterally by the Customer.

1.8.             The Customer may not, alone or in conjunction with others, including
with related accounts or accounts held with different entities, conduct the same trading strategy, i.e., execute the same trades at the same time in multiple MFA TRADER accounts while performing demonstration trading, unless the aggregate amount of Capital in all such MFA TRADER accounts is less than USD 100,000 for the MFA TRADER account. In the event that the PROVIDER has reasonable concerns that the Customer is not complying with this clause the PROVIDER may, at their sole discretion and without prior notice (i) permanently reduce the maximum amount of Capital in each such MFA TRADER account on a pro rata basis such that the aggregate Demonstration Capital in all such MFA TRADER accounts together amounts to the maximum amount of Capital referred to in clause 1.2, or (ii) cancel such accounts and/or (iii) immediately terminate the Agreement.

2.      PROCESSING OF DATA FROM DEMONSTRATION TRANSACTIONS

2.1.             The Customer acknowledges that the PROVIDER has access to information relating to demonstration transactions that the Customer executes in the MFA TRADER, MFA Challenge account. The Customer grants the PROVIDER permission to share this information with persons/entities who are members of the same group as the PROVIDER, or who are otherwise associated with the PROVIDER, and grants the PROVIDER and such persons permission and authorisation to freely use this information, including but not limited to trading all or some of the demo trades in the actual financial markets or using it in any other way. The Customer agrees that such activities may be performed automatically, without the need for further consent, consultation or approval by the Customer, without entitlement to any Award or remuneration related to the use of such data by the PROVIDER, or persons/entities that are members of the same group as or otherwise related to the PROVIDER, and without the Customer’s right to be informed about the specific handling of such information.

2.2.             The Customer acknowledges that the size of the Award or the payment of the Award in no way depends on whether or how the entities or persons referred to
in section 2.1. use the Demonstration Transaction Information. The Customer also acknowledges that the use of the Services and the MFA TRADER account under this Agreement is subject to its agreement to the provisions of clause 2.1 above. However, the Customer may discontinue or terminate the use of the Services as well as the MFA Trader account at any time – but this will not affect the processing and use of previously acquired data, with the Customer’s consent.

3.      AWARD

3.1.             The Customer’s entitlement to the Award and the amount of the Award are solely dependent on the Customer’s demo trading performance and the fulfilment of the parameters set by the PROVIDER for the payment of the Award. The Customer acknowledges that the entitlement to the Award or the amount of the Award does not depend in any way on the situation in the actual financial markets or on the value that the demonstration transactions would have in the actual financial markets.

3.2.             The Customer will only become entitled to the Award if all the conditions of the demo trade set out in this Agreement are fulfilled, in particular if the Customer fulfils all the parameters and conditions set out in sections 1.1 to 1.8 above, during the reference period  and successfully passes verification carried out by the risk department during an online video meeting, the purpose of which is to confirm that the Customer has independently performed transactions on a given account. If the Customer does not make a Profit at the end of the Reference Period, the Customer will not be entitled to any Award for the Reference Period. Only the Customer’s performance in demo trading on the MFA TRADER account will be taken into account to determine the Customer’s entitlement to the Award.

3.3.             The amount of the Award is 90% of the Profit, with the potential to be more, depending on the MFA TRADER account variant, as set out in Annex 1. Profit is understood to be the positive value representing the difference between the Customer’s account balance on the reference period end date and the Customer’s account balance on the reference period start date. For example, if at the beginning of the reference period the Customer’s account balance was USD 100,000 and at the end of the period it was USD 15,000, then the profit is USD 50,000.

3.4.             The Award is paid by an affiliate of the PROVIDER, i.e. MFA Traders Sp. z o.o. Al. Wojciecha Korfantego 138A, 40-156 Katowice, Poland KRS: 0001071997 1 NIP: 6343032273 REGON: 527066382 in the form of cash and will be taxed in accordance with Art. 21 sec. 1 point 68 of the Personal Income Tax Act of 26 July 1991, a 10% flat rate income tax. According to this provision, the following are exempt from income tax: 

·         68) the value of prizes won in competitions and games organised and broadcast (announced) by mass media (press, radio and television) and competitions in the field of science, culture, art, journalism and sports, as well as prizes related to premium sales of goods or services – if the one-time value of such prizes or prizes does not exceed PLN 2,000; the exemption from tax of prizes related to premium sales of goods or services does not apply to prizes received by a taxpayer in connection with his non-agricultural business activity, which constitute revenue from that activity;

3.5.             Award tax will not be charged on the Award paid to Customers
in connection with a bonus sale of the Services where:

a)        the one-off value of the Award will not exceed PLN 2,000,

b)      The Award is paid to a non-resident who has presented MFA Traders Sp. z o.o. with a certificate of tax residence in a country other than Poland,

c)       The Award is paid to a Customer who uses the MFA TRADER account as a trader, in which case the Award paid is final and includes all direct or indirect taxes, including VAT or similar taxes, fees and charges that may be applicable under applicable law.

3.6.             In the case referred to in paragraph . 3.5. The Customer is solely responsible for the payment of any taxes, direct or indirect, including VAT, GST or similar taxes, fees or charges that are applicable to the Customer in connection
with the Award received, in accordance with applicable law, and acknowledges and agrees that the PROVIDER as well as MFA Traders Sp. z o.o. shall not be liable for such obligations of the Customer. The currency of the Award and the payment of the Award to the Customer will be the same as the currency of the Capital in the MFA TRADER Account.

3.7.             The Award may be paid out after the end of each reference period of 14 consecutive days, whereby the first Award may be calculated
and paid out after 14 days of the Customer’s use of the MFA TRADER account,
depending on the variant of this account, as set out in Annex 1.

3.8.             At the end of each reference period referred to in paragraph 1, the following shall apply. 3.7. The Customer has the right:

a)       to request payment of the Award if the conditions for its accrual have been met,

b)      to transfer the amount of the accrued Award for a given billing period to the next billing period, in which case the amount of the accrued but unpaid Award will be increased by the Customer’s MFA TRADER account demonstration capital.

3.9.             Examples for determining the Award : if the Customer’s Capital corresponds to a demonstration amount of USD 100,000 and the Customer starts trading on 5 May 2024 and at the end of the reference period , the Customer has a demonstration amount of USD 200,000 in the MFA Trader Account, the Customer will be entitled to an Award of USD 90,000 (i.e. 90% of USD 100 000 [USD 200 000 minus USD 100 000] is USD 90 000).- depending on the product chosen in accordance with Annex 1

3.10.         However, the following situation may also arise under this Agreement:

If the Customer’s Capital corresponds to a demonstration amount of USD 100,000
and the Customer starts trading on 5 May 2024, and after the end of the reference period, i.e. the Customer has a demonstration amount of USD 92,000 in the MFA Trader Account, the Customer’s entitlement to the Award will be USD 0 (90% of the negative [USD 92,000 minus USD 100,000] is USD 0 for the purpose of calculating the Award).

3.11.         Payment of the Award is made at the end of the reference period if the conditions have been met (including if the Customer has submitted a withdrawal request)..

3.12.         If the Customer generates a Profit the PROVIDER will verify the validity of the Customer’s entitlement to the Award, calculate it and communicate the result to the Customer via the Customer Section. On the basis of this communication, the Customer should indicate on the form provided by the PROVIDER what part of the Prize he or she wishes to receive, how he or she wishes the Prize to be paid, and other mandatory information, and then submit the form via the Customer Section.

3.13.         If the Customer declares that they only wish to receive part of the Award, only the amount of the Award specified on the form will be paid. The unpaid portion of the Award will remain available to the Customer in a specified amount in the form of demonstration capital and will be added to the Capital for further trading in demonstration mode in the next settlement period (“Transferred Award”). The Customer cannot change this option once the form has been submitted. However, the Customer hereby acknowledges that the Transferred Award remains part of the Demonstration Capital and will therefore only be used for further Demonstration Trading in accordance with this Agreement and is subject to all Demonstration Trading terms and conditions set out herein. The Transferred Award will be taken into account (i.e. the loss will be calculated based on the amount of the Capital including the amount of the Transferred Award). For the avoidance of doubt, the Parties understand and agree that any unpaid portion of the Award has no monetary value and represents demonstration capital only.

3.14.         In the case of Customers using an MFA Trader account as a trader, the Award will be paid to the Customer on the basis of a tax document – an invoice. The details on the invoice must always correspond to the information provided by the customer in the form referred to in paragraph 1. 3.12. otherwise Mfa Traders sp. z o.o. is not obliged to pay the Award. The Customer is always responsible for the correctness of the invoice and its compliance with the relevant legal provisions, regardless of the method of issue.

3.15.          Mfa Traders Sp. z o.o. will pay the Award in the manner indicated by the Customer on the form in accordance with clause 3.12 by bank transfer to the Customer’s account that the Customer indicates on the form in accordance with clause 3.12, or by any other payment method acceptable to MFA Traders Sp. z o.o. and the Customer. All payment fees and costs charged to the Customer (e.g. charged by the payment service provider) shall be borne by the Customer.

ANNEX 3.

1.      List of Countries for which the Services are not available: Countries identified by reliable sources as a country with a high level of corruption or other criminal activity, a country that finances or supports the commission of terrorist acts, or with which the activities of terrorist organisations are associated.

2.      The ‘Golden Crescent’ countries (Afghanistan, Pakistan, Iran).

3.      Countries indicated in the Decree of the Minister of Finance of 28 March 2019 on the determination of countries and territories applying harmful tax competition with respect to corporate income tax, i.e. Principality of Andorra, Anguilla – Overseas Territory of the United Kingdom of Great Britain and Northern Ireland; Antigua and Barbuda; Sint-Maarten, Curaçao – countries forming part of the Kingdom of the Netherlands; Kingdom of Bahrain; British Virgin Islands – Overseas Territory of the United Kingdom of Great Britain and Northern Ireland; Cook Islands – Self-governing Territory associated with New Zealand; Commonwealth of Dominica; Grenada; Sark – Dependent Territory of the British Crown; Hong Kong – Special Administrative Region of the People’s Republic of China; Republic of Liberia; Macao – Special Administrative Region of the People’s Republic of China; Republic of Maldives; Republic of the Marshall Islands; Republic of Mauritius; Principality of Monaco; Republic of Nauru; Niue – Self-governing Territory Associated with New Zealand; Republic of Panama Independent State of Samoa; Republic of Seychelles Saint Lucia; Kingdom of Tonga United States Virgin Islands Non-Incorporated Territory of the United States, Republic of Vanuatu.

4.      States supporting or suspected of supporting terrorist activities, e.g. Iran, Libya, Sudan, Afghanistan, Pakistan,

5.      Countries against which the EU has implemented sanctions and countries with strategic deficiencies in their anti-money laundering and counter-terrorist financing (AML/CFT) regimes, high-risk third countries or countries based there under Regulation (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council (e.g. Bosnia and Herzegovina, Guyana, Iraq, Lao People’s Democratic Republic, Syria, Uganda, Vanuatu, Yemen, Iran, Democratic People’s Republic of Korea, Russian Federation.

6.      United States of America.

Annex 4 Conditions for fulfilling the MFA Challenge

1. In order to meet the conditions of the MFA Challenge, the Customer must simultaneously meet all the parameters specified below:

– The Customer has opened at least one demo transaction on at least five different calendar days;

– during any calendar day during the MFA Challenge, the Customer did not report a loss
from any demo trades opened and closed on that day that would exceed the percentage of initial capital for the relevant option as described below:

– at no time during the MFA Challenge did the Customer report a loss from any open and closed demo trades that, in aggregate, exceeded the percentage of initial capital for the relevant option as described below:

– The Customer has made a total profit on all closed demo trades of at least a percentage of the initial capital for the relevant option, as described below:

The aforementioned parameters are explained in more detail on the Provider’s website.

2.If the Customer has fulfilled the conditions of the first phase of the MFA Challenge as set out in the paragraph above, and at the same time has not breached these T&Cs, in particular the Demonstration Trading Rules, the Provider will assess the MFA Challenge as successful and will make the second phase available to the Customer, i.e. the MFA Challenge. Verification, free of charge, by sending the login data to the Customer’s e-mail address or to the Customer Section. The Provider does not have to assess the MFA Challenge if the Customer has not closed all transactions.

3. The Customer activates the second phase, i.e. Verification by opening the first demo transaction on the Trading Platform. If the Customer does not activate Verification within 30 calendar days of the date on which the Customer received new login details, the Customer’s access to Verification will be suspended. The Customer can request renewal of access via the Customer Section or by sending an email to contact@myfundingaccount within 3 months of suspension, otherwise the Provider will terminate the Services without the right to a refund.

4. In order for the Customer to meet the conditions of the second phase, i.e. Verification, they must simultaneously meet all of the following parameters:

– during Verification, the Customer has opened at least one demo transaction on at least five different calendar days;

– on no calendar day during the Verification period did the Customer report a loss on any open and closed demo trades that would exceed the percentage of initial capital for the relevant option, as described below:

– at no time during the Verification did the Customer report a loss on the sum of open
and closed demo trades that in total would exceed the percentage of initial capital for the relevant option, as described below:

– The Customer makes a total profit on all closed demo trades that is at least a percentage of the initial capital for the relevant option, as described below:

The above parameters are explained in more detail here on the Provider’s website.

– The Customer must successfully complete the KYC procedure in the manner specified by the Supplier and on the platform specified by the Supplier

5. For the Customer to meet the conditions of the second phase, i.e. Verification, they must comply with the following rules:

– The Customer has complied with the Verification conditions set out in section 4;

– The Customer has not breached these GT&Cs, in particular the rules of demo trading;

– The Customer has not exceeded the maximum aggregate capital allocation of USD 600,000 individually or in aggregate, per Customer or per trading strategy, as defined in the applicable MFA Trader Programme agreement, if the Customer is already participating in the MFA Trader Programme.

If the above conditions are met, the Provider will assess the second phase i.e. Verified as successful
and will recommend the Customer as a candidate for the MFA Trader programme. The Provider does not have to assess Verification if the Customer has not closed all transactions.

6. If during the first phase, i.e. MFA Challenge The Customer will not meet some of the conditions set out in point 1, MFA Challenge will be assessed as unsuccessful, and the Customer will not be granted access to the next phase, i.e. Verification. If, during Verification, the Customer fails to meet any of the conditions set out in section 4 Verification will be assessed as unsuccessful and the Customer will not be recommended as a candidate for the MFA Trader programme. In such cases, the Customer Section and Services will be cancelled without refund of fees already paid.

The agreement ends automatically and with immediate effect if the Customer, during the MFA Challenge, despite activating the service, does not open at least one demonstration transaction within a period of 30 consecutive days. In such cases, the Customer Section and Services will be cancelled without refund of fees already paid, unless the Customer requests the Provider to suspend access to the MFA Challenge before the expiry of 30 days.

7. Recommending a Customer as a candidate for the MFA Trader Programme in no way guarantees the Customer’s acceptance into the MFA Trader Programme. The Provider is not responsible for the Customer’s rejection by the MFA Trader Programme for any or no reason.

8. The MFA Challenge and Verification service agreement is for a fixed period of time until the MFA Challenge or Verification is completed.