Terms of Service
Last updated: August 24, 2026
These Terms of Service (the 'Agreement') are a binding contract between you ('Trader', 'User', or 'you') and FundYourEdge, Inc. ('FundYourEdge', 'we', 'us', or 'our'). By accessing or using any FundYourEdge service, purchasing any account, or clicking any acceptance button, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not access or use our Services.
1. Definitions & Interpretation
Capitalized terms used in this Agreement have the meanings set out below; terms not defined here take their meaning from context.
| Term | Definition |
|---|---|
| FundYourEdge / Company | FundYourEdge, Inc., a Wyoming corporation. |
| Services | All products, platforms, accounts, tools, and services offered by FundYourEdge. |
| Program | FundYourEdge's two-phase trader evaluation and simulated funding program, offered as the Prime and Clear products. |
| Simulated Environment | A virtual trading environment that replicates live-market conditions using real market data but does not involve real capital or live order execution. |
| Evaluation Account | A simulated account in which you attempt to reach a profit target within the drawdown and rule limits in order to qualify for a Funded Account. |
| Funded Account | A simulated funded account activated after you pass the Evaluation. Traders receive performance-based payouts on simulated results; no real capital is deployed. |
| Prime / Clear | The two product lines. They share the same prices and account sizes and differ in their risk and payout rules; the specifics are shown on our funding page and in your dashboard. |
| Performance Payout | Discretionary compensation paid by FundYourEdge to eligible Traders who meet the payout criteria on a Funded Account. |
| Platform Partners | Third-party providers including Rithmic (market data and trade execution), NMI / Tailored Pay (card payments), SumSub (identity verification), our payout-disbursement provider, and our trading-analytics provider (analysis of your executed trades, received under a pseudonymous reference). |
2. Eligibility & Account Registration
2.1. Age Requirement
You must be at least eighteen (18) years old to use the Services. By registering, you represent that you meet this requirement. We may request proof of age at any time.
2.2. Eligibility Restrictions
The following are not eligible to participate in the Program:
- Residents of jurisdictions we restrict, as published from time to time and as required by applicable law
- Individuals under 18 years of age
- Individuals previously banned or terminated from FundYourEdge for violating this Agreement
- Employees, contractors, officers, or directors of FundYourEdge or its Platform Partners
- Any person prohibited from participating in financial markets under applicable law
2.3. Account Registration
You must provide accurate, complete, and current information during registration, including your legal name, a valid email address, and the identity and tax information required for verification. You are responsible for keeping your login credentials confidential and for all activity under your account.
2.4. One Account Per Person
Each individual may maintain only one user account. Creating multiple user accounts is prohibited and may result in suspension, closure, forfeiture of balances, and a permanent ban.
2.5. Account Security
We offer two-factor authentication and strongly recommend that you enable it. You are responsible for safeguarding access to your account and for promptly notifying us of any suspected unauthorized use.
2.6. Geographic Restrictions
FundYourEdge operates from the United States. The Services are not directed to, and may not be used by, anyone in a jurisdiction where their use would be unlawful or where we do not offer them. We may restrict access from certain jurisdictions as required by applicable law and may add or remove jurisdictions at any time. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with your local laws.
3. The FundYourEdge Program — Prime & Clear
FundYourEdge offers a two-phase trader development and simulated funding program across two products — Prime and Clear — and four account sizes. All trading takes place in a Simulated Environment using virtual funds and real market data: no real capital is deployed and no live orders are executed.
First you purchase an Evaluation Account and demonstrate consistent, rule-compliant trading to reach a profit target. When you pass, we activate a simulated Funded Account on which you may earn Performance Payouts, with a 90% / 10% profit split in your favor. Prime and Clear share the same prices and account sizes and differ in their risk and payout rules; the objectives, drawdown, contract limits, and payout rules for each product are shown on our funding page and in your dashboard.
Funded Accounts are governed by a separate Funded Account Agreement that you review and accept when you activate the account.
Path to live trading
FundYourEdge currently operates entirely in simulation. After a set number of approved payouts on a funded account, the account becomes eligible to be moved to a separate live-funded program. That transition is offered at FundYourEdge's discretion and is governed by the separate terms provided to you at that time.
4. Evaluation Account
4.1. Purpose & Time Limit
The Evaluation Account is a simulated account in which you demonstrate your ability to reach a profit target while managing risk within the drawdown limits. You have thirty (30) calendar days from purchase to pass. The profit target, drawdown, contract limits, and other objectives for your account are shown when you purchase and in your dashboard.
4.2. Account Tiers
FundYourEdge offers four account sizes, available in both the Prime and Clear products. Current prices, any promotional pricing, and reset fees vary from time to time and are shown on our funding page and at checkout.
| Tier | Account Size |
|---|---|
| Silver | $25K |
| Gold | $50K |
| Platinum | $100K |
| Titanium | $150K |
4.3. Account Reset Policy
If an Evaluation Account is active or failed within its window, you may purchase a one-time reset to start over with a fresh balance, drawdown, and trading-day count, for the applicable reset fee shown at checkout. A reset purchased before your deadline keeps the same deadline; a reset purchased after the deadline starts a fresh 30-day window.
Resets apply to Evaluation Accounts only — Funded Accounts cannot be reset. Reset fees are non-refundable.
4.4. One-Time Purchase
Evaluation Accounts are a one-time purchase: the account itself has no recurring subscription, automatic renewal, or monthly fee, and activating a Funded Account after you pass is free. Optional add-ons — such as the Level 2 market-data feed — are billed separately as a recurring monthly subscription; see Section 10.
5. Funded Account
5.1. Nature of the Funded Account
The Funded Account is a simulated funded account that uses live market data to replicate real trading conditions. You receive Performance Payouts based on your simulated results. It is not a live brokerage account and does not involve the deployment of real capital, and activating it is free.
5.2. Profit Split
You receive ninety percent (90%) of your simulated net profits; FundYourEdge retains ten percent (10%). This split applies to both Prime and Clear.
5.3. Rules, Drawdown & Closure
Funded Accounts carry a maximum drawdown limit and product-specific rules. Breaching the drawdown level closes the account, and Funded Accounts cannot be reset. The full rules, drawdown mechanics, and payout terms that apply to your Funded Account are set out in the Funded Account Agreement you accept at activation and are shown in your dashboard.
6. Payout Terms & Conditions
6.1. Nature of Payouts
Performance Payouts are discretionary compensation, not returns on investment, wages, or guaranteed income. FundYourEdge may deny, delay, reduce, or claw back any payout where it identifies a rule violation, fraud, or risk-management concern.
6.2. Minimum & Timing
The minimum payout request is $500. Payouts are typically processed within three to five (3–5) business days, and approved payouts are typically disbursed within one to two (1–2) business days thereafter. These are typical timeframes, not guarantees.
6.3. Eligibility
Each product has its own payout eligibility rules, but both Prime and Clear allow up to five (5) payout cycles, after which the account becomes eligible to be moved to a live program. The specific minimums, consistency requirements, and per-payout caps that apply to your account are shown in your dashboard at the time of each request and in the Funded Account Agreement.
6.4. Payout Verification
Before your first payout is approved, you must complete payout verification through our payout-disbursement partner. Payouts are paid to you and not to any third party.
7. Trading Conduct & Platform Use
7.1. Good-Faith Trading
You agree to trade in good faith, using a defined, consistent, and explainable strategy, keeping positions within your account's limits, and closing positions by the applicable daily close-out deadline (no overnight or weekend holds). The complete trading rules and conduct rules that apply to your account are published in your dashboard, and the detailed rules for Funded Accounts are set out in the Funded Account Agreement.
7.2. Prohibited Conduct
Automated and algorithmic trading with your own proprietary strategy is permitted, and you may copy trades between your own accounts. Among other things, you may not, however, use off-the-shelf or commercially available trading bots, high-frequency trading, or arbitrage strategies; exploit the simulated environment; mirror or copy trades from other traders, signal services, or third-party copiers, or coordinate trading across accounts; share your account or trade on behalf of others; use gambling-style or manipulative trading; or trade through an unapproved platform. Violations may result in denial of payouts, account closure, forfeiture of simulated balances, and/or a ban, at our discretion following review.
7.3. Compliance Review
FundYourEdge may request a detailed account of your trading strategy at any time, including a live screen-share session and documentation of your tools and platforms. Refusal to cooperate may result in payout denial or account closure.
7.4. Acceptable Use of the Platform & Website
You also agree, when using our website and platform, not to:
- Use the Services in violation of any applicable law or regulation
- Introduce malware or any other material that is malicious or technologically harmful (for example, viruses, worms, or Trojan horses)
- Launch a denial-of-service attack or otherwise overburden, disable, or impair the platform, or interfere with anyone else's use of it
- Attempt to gain unauthorized access to any account, server, or system connected to the Services
- Impersonate FundYourEdge, our staff, or another user, or misrepresent your affiliation with any person or entity
- Send spam or unsolicited promotional material through the Services
- Use automated means to access the Services in a way that burdens or disrupts them, except as we expressly permit
- Circumvent geographic or other technical restrictions we put in place
8. Trading Hours & Contract Limits
8.1. Contract Limits
Each account has maximum contract limits that apply across all instruments at once; combining contracts across correlated instruments to exceed your limit is prohibited. The contract limits for your account are shown in your dashboard.
8.2. Trading Hours & Close-Out
All positions must be closed before the daily close-out deadline (by default 4:59 PM ET; agricultural products close earlier). You are solely responsible for ensuring your account is flat before each instrument's close, and FundYourEdge is not responsible for positions left open through market close or for resulting losses.
8.3. Violations of Contract Limits
A single accidental breach of the contract limit must be corrected immediately by closing the excess. Failure to correct, or repeated or blatant violations, may result in payout denial, account reset, or termination without refund or payout.
9. Identity Verification & KYC
9.1. Identity Verification
Before your account is provisioned for trading, you must complete identity verification through our partner, SumSub. If verification is finally rejected, your accounts are cancelled, your purchase is refunded, and you may be barred from the Services.
9.2. Payout Verification
Separately, before your first Performance Payout is approved, you must complete payout verification through our payout-disbursement partner.
9.3. Required Information
- Valid government-issued photo identification
- Proof of address where requested
- Tax identification appropriate to your jurisdiction
- Additional documentation we may request at our discretion
9.4. Compliance Audits
We may conduct compliance audits at any time, including requesting documentation, re-verifying identity, reviewing trading records, and requesting a live screen-share to confirm the registered owner is the person trading. Refusal to cooperate may result in suspension, payout denial, or closure.
10. Account Fees, Billing & Refund Policy
10.1. One-Time Purchase Model
Evaluation Accounts are sold as a one-time purchase, with no recurring subscription or monthly fee for the account itself. The only recurring charges are optional add-ons you choose to subscribe to — see 'Optional Subscriptions & Add-Ons' below. Card payments are processed by our payment partner (NMI / Tailored Pay); FundYourEdge does not store your full card number.
10.2. Non-Refundable Fees
Except as stated below, account fees and reset fees are non-refundable, including for accidental purchase, incorrect plan selection, or platform or data issues.
10.3. Refund on Identity Rejection
If your identity verification is finally rejected before your account is provisioned, your purchase is refunded in full because no service was rendered.
10.4. Promotional Pricing & Codes
Promotional prices and coupon codes must be applied at checkout and apply only to qualifying purchases made during the promotion. We do not provide retroactive adjustments for missed codes. Codes have no cash value and may be modified, conditioned, suspended, or cancelled at any time.
- Codes are single-use and personal to the recipient unless we state otherwise
- You may not sell, trade, publicly share, or stockpile codes, or use them across multiple accounts
- Exploiting loopholes in the code system is prohibited
10.5. Incorrect Purchases
If you select the wrong product or tier, no refund is available; you may purchase the correct one separately.
10.6. Payment Authorization & Taxes
By purchasing, you authorize us and our payment partner to charge your payment method for the amount shown at checkout, and you represent that you are an authorized user of that payment method and that it is personal to you. You agree to provide accurate, current payment information. Card payments are handled by a third-party processor and are subject to its terms. Prices and availability may change at any time; we may correct errors and revoke offers, including after an order is placed, and will refund any amount charged in error. You are responsible for any taxes arising from your purchases. A purchase is considered rendered in full once we provide access to the purchased account or service.
10.7. Optional Subscriptions & Add-Ons
We offer optional add-ons — such as the Level 2 market-data feed — that are sold as a recurring monthly subscription, separate from your one-time account purchase. When you subscribe, you authorize us and our payment partner to charge your saved payment method the amount shown at checkout at the start of each billing period, and the subscription automatically renews each period until you cancel. You may cancel at any time from your dashboard; cancellation takes effect at the end of the current paid period, and the add-on stays active until then. Add-on fees already charged are non-refundable, and we do not prorate partial periods. If a renewal payment fails, we may retry it and may suspend or cancel the add-on after a grace period. We may change add-on pricing or availability on a going-forward basis, and any change takes effect at your next renewal.
11. Risk Disclosure
CFTC RULE 4.41 — HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS
Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
11.1. Simulated Trading
All trading on FundYourEdge takes place in a Simulated Environment using virtual funds. No real capital is deployed. Simulated trading does not eliminate the emotional, psychological, or behavioral risks of trading, and does not guarantee equivalent performance in live markets.
11.2. Market Risk
Trading financial futures involves substantial risk of loss. Market volatility, slippage, liquidity gaps, and technical failures can produce losses. Past performance — whether actual or simulated — is not indicative of future results.
11.3. No Guarantee of Payouts
Meeting the stated payout criteria does not guarantee that a payout will be approved. FundYourEdge retains discretion to review, delay, reduce, or deny any payout where compliance, fraud, or risk concerns exist.
11.4. Simulated Balances Are Not Real Funds
The balances, profits, and capital shown in your account are simulated and are not real funds. You have no ownership of, and no right to withdraw, those simulated balances; your only entitlement is to the Performance Payouts you become eligible for under this Agreement, which are discretionary. You will not be charged for simulated losses.
12. Termination & Account Closure
12.1. Termination by FundYourEdge
We may suspend, restrict, or terminate your account and access to the Services at any time, with or without notice, for any of the following:
- Violation of any provision of this Agreement
- Suspected fraud, chargebacks, or account manipulation
- Failure to cooperate with identity verification or a compliance audit
- Any activity we determine, in our discretion, is harmful to the Program or other Traders
- Violation of applicable law or regulation
- Extended inactivity in a Funded Account
12.2. Consequences of Termination
On termination for cause, balances, pending payouts, and accrued amounts may be forfeited. FundYourEdge is not liable for any compensation, damages, or fees in connection with termination. Permanently banned Traders may not create new accounts or access the Services by any means.
12.3. Termination by You
You may close your account at any time through our support channel. Closing your account does not relieve you of obligations accrued before closure. Pending payouts that meet all eligibility criteria at the time of closure will be processed.
13. Intellectual Property & Confidentiality
13.1. FundYourEdge Intellectual Property
All content, technology, trademarks, logos, methodologies, and materials associated with FundYourEdge are the exclusive property of FundYourEdge, Inc. and are protected by applicable intellectual-property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services for personal trading only.
13.2. Prohibited Uses
- Reproducing, distributing, or publicly displaying FundYourEdge content without prior written consent
- Reverse engineering, decompiling, or deriving the source code of any platform component
- Using FundYourEdge trademarks or brand assets in any unauthorized manner
- Scraping, harvesting, or systematically extracting data from the platform
13.3. Confidentiality
You acknowledge that certain information we provide — including risk-management methodologies, internal pricing, rule calibrations, and payout-review processes — is confidential and proprietary, and you agree not to disclose it without our written consent.
13.4. Trademarks
The FundYourEdge name, logo, and related names, logos, and slogans are trademarks of FundYourEdge, Inc. You may not use them without our prior written permission. Other marks appearing on the Services belong to their respective owners.
13.5. Copyright Complaints
If you believe material on the Services infringes your copyright, send a notice through our support channel that includes: identification of the copyrighted work and of the allegedly infringing material; your contact information; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act for the owner; and your physical or electronic signature. We may remove allegedly infringing material and terminate repeat infringers.
14. Disclaimers & Limitation of Liability
14.1. No Financial Advice
Nothing in this Agreement, on our website, or in any communication from FundYourEdge constitutes financial, investment, tax, or legal advice. FundYourEdge is not a broker-dealer, futures commission merchant, commodity pool operator, commodity trading advisor, or registered investment adviser.
14.2. Disclaimer of Warranties
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FUNDYOUREDGE DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
14.3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNDYOUREDGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR TRADING LOSSES. IN NO EVENT SHALL FUNDYOUREDGE'S AGGREGATE LIABILITY EXCEED THE TOTAL FEES YOU PAID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
14.4. Force Majeure
FundYourEdge is not liable for any failure or delay caused by circumstances beyond its reasonable control, including exchange failures, government actions, natural disasters, cyberattacks, or third-party platform outages.
14.5. Reliance on Information
Information provided through the Services is general and for educational purposes; it is not an offer or solicitation to buy or sell any security, futures contract, or other instrument. We do not warrant the accuracy, completeness, or usefulness of any information, and any reliance you place on it is at your own risk. You are solely responsible for your trading decisions and should consult your own advisers.
14.6. Third-Party Links & Content
The Services may link to or include third-party sites and content. We do not control and are not responsible for them, and your use of them is at your own risk and subject to their own terms.
15. Dispute Resolution & Governing Law
15.1. Governing Law
This Agreement is governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws provisions, unless otherwise required by applicable local law.
15.2. Arbitration
Any dispute arising out of or relating to this Agreement or the Services shall be resolved by binding arbitration in Broward County, Florida, under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in English.
15.3. Class-Action Waiver
You waive any right to participate in a class action or class-wide arbitration against FundYourEdge. All disputes must be brought in your individual capacity only.
15.4. Time Limit on Claims
Any claim arising out of or relating to this Agreement must be filed within one (1) year after the claim arose, or it is permanently barred.
15.5. Forum & Venue
To the extent a dispute is not subject to arbitration, it shall be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to their jurisdiction and waive any objection to venue. We may also seek relief for a breach of this Agreement in your country of residence or any other relevant jurisdiction.
15.6. Jury-Trial Waiver
To the fullest extent permitted by law, each party waives any right to a trial by jury in any proceeding arising out of or relating to this Agreement.
16. Privacy & Data Protection
FundYourEdge collects, processes, and stores personal information in accordance with its Privacy Policy, which is incorporated into this Agreement by reference.
16.1. What We Process
- Identifiers and contact information (name, email, address, phone)
- Account and transaction data (trading history, order activity, payout records)
- Payment information — processed by our payment partner (NMI / Tailored Pay); we do not store your full card number
- Identity-verification documents (processed by SumSub)
- Device and usage data
16.2. How We Use It
We use this information for identity verification, account management, payout processing, fraud detection, compliance, regulatory obligations, and improving the Services. We do not sell your personal information.
17. Ambassador Program Terms
FundYourEdge offers an Ambassador Program through which approved Ambassadors earn commissions on qualifying purchases by referred Traders. Participation is subject to approval and the terms below.
| Rank | Referrals | Commission | Attribution Window |
|---|---|---|---|
| Starter | 0–49 | 10% | 30 days |
| Pro | 50–199 | 15% | 60 days |
| Elite | 200+ | 20% | 90 days |
17.1. Program Terms & Definitions
- Commission is earned on qualifying one-time purchases by referred Traders
- Attribution: a new visitor who clicks your link and purchases within your rank's attribution window (30, 60, or 90 days) is credited to you
- "Ambassador Link" means a unique tracking link or code provided by Company to Ambassador
- "Qualified Referral" means a customer who accesses Company's website via the Ambassador Link; purchases an evaluation or related product offered by Company; and is not refunded, charged back, or flagged for fraud within the applicable refund or review period
- "Commission" means the percentage or fixed amount payable to Ambassador for each Qualified Referral
- "Gross Revenue" means revenue actually received by Company from a Qualified Referral, excluding refunds, chargebacks, taxes, payment processing fees, and discounts
- Minimum payout: $500 in accumulated commissions
- Commissions are held for 45 days to account for refunds and chargebacks, unless otherwise agreed in writing
- Identity verification must be completed before your first Ambassador payout
- Self-referrals, artificial traffic, and undisclosed incentivized signups are prohibited and may result in closure
17.2. Eligibility
Ambassadors are expected to maintain an active, credible public presence in the trading or finance community. Applications from those operating coupon or discount-distribution services may be declined.
17.3. Ambassador Obligations
17.3.1. Marketing Methods
Ambassador may promote the Services through:
- Websites
- Social media
- Email marketing
- Video platforms
- Or other lawful channels approved by Company
17.3.2. Compliance with Laws
Ambassador shall comply with all applicable laws and regulations, including but not limited to:
- Advertising and consumer protection laws;
- FTC disclosure requirements (including clear disclosure of Ambassador relationships);
- Data protection and privacy laws; and
- Financial promotions regulations applicable in Ambassador's jurisdiction.
17.3.3. Prohibited Conduct
Ambassador shall not:
- Make misleading, false, or exaggerated claims regarding profitability, guaranteed income, or trading results;
- Represent itself as Company or as an employee or partner of Company;
- Bid on Company's brand name or trademarks in paid search without prior written consent;
- Use spam, misleading redirects, cookie stuffing, or other deceptive practices.
17.3.4. Social Media Conduct Standards
Ambassador will at all times disclose the nature of the relationship as an Ambassador, and never portray themselves as a partner, member, founder, or paid employee of FundYourEdge.
17.4. Commissions
17.4.1. Commission Eligibility
Commissions are earned only on Qualified Referrals tracked through the Ambassador Link and verified by Company's systems.
17.4.3. Chargebacks & Clawback
In the event that any referral results in a chargeback or fraudulent transaction within 180 (One Hundred Eighty) days, the Company reserves the right to claw back commissions paid to Ambassador from future earnings.
17.4.4. Taxes
Ambassador is solely responsible for all taxes arising from Commission payments. Before your first Ambassador payout you must complete identity verification and provide the tax and payout details we request, so that Commissions are paid correctly and any end-of-year IRS Form 1099 information is accurate.
17.5. Intellectual Property
17.5.1. License
Company grants Ambassador a limited, non-exclusive, non-transferable, revocable license to use Company's approved trademarks and marketing materials solely for promoting the Services during the Term.
17.5.2. Restrictions
Ambassador shall not modify Company's trademarks or create derivative works without prior written approval.
17.6. Confidentiality, Non-Disclosure, Non-Compete & Non-Conflict Representation
17.6.1. Confidentiality
Ambassador agrees to keep confidential all non-public information received from Company, including commission structures, conversion data, and business operations.
17.6.2. Non-Disclosure
Ambassador agrees not to disclose any information discussed with the Principals, Founders, and/or employees of the Company indefinitely unless given the express authorization of the Company.
17.6.3. Non-Compete
Ambassador agrees that they will not engage in the business of operating a Trading Evaluation firm themselves for a period of two (2) years beginning upon the termination of this Agreement.
17.6.4. Non-Solicitation
At no time, either during the term of this Agreement or in the event of a termination, mutual or otherwise, will the Ambassador attempt to solicit or "steer" customers of FundYourEdge away from the Company.
17.6.5. Subcontracting and Delegation
The Ambassador shall not subcontract, delegate, assign, transfer, or otherwise permit any third party to perform any portion of the Ambassador's obligations, duties, or responsibilities under this Agreement without first providing the Company with written notice identifying the proposed subcontractor or third party and obtaining the Company's prior written consent. Such disclosure shall include, at a minimum, the individual or entity's legal name, the nature and scope of services to be performed, and any other information reasonably requested by the Company.
The Company may approve or reject any proposed subcontractor or third party in its sole and reasonable discretion and may condition its approval upon such person or entity executing confidentiality, intellectual property, compliance, or other agreements reasonably required by the Company. The Company's approval of any subcontractor or third party shall not relieve the Ambassador of any obligations or liabilities under this Agreement.
The Ambassador shall remain fully responsible for the acts and omissions of all subcontractors, agents, representatives, affiliates, or other third parties engaged, directly or indirectly, by the Ambassador in connection with this Agreement, as though such acts or omissions were those of the Ambassador. The Ambassador shall ensure that each such person or entity complies with all applicable provisions of this Agreement, including without limitation all confidentiality, intellectual property, non-disclosure, data protection, compliance, and non-solicitation obligations applicable to the Ambassador.
17.6.6. Non-Conflict Representation and Warranty
The Ambassador represents, warrants, and covenants that, as of the date the Ambassador's application is approved and throughout the Term of this Agreement, (a) the Ambassador's execution, delivery, and performance of this Agreement does not and will not violate, conflict with, or result in a breach of any agreement, obligation, duty, restriction, or other commitment to which the Ambassador is a party or by which the Ambassador is otherwise bound; (b) the Ambassador is not subject to any obligation that would prevent, restrict, or materially interfere with the Ambassador's ability to fully and timely perform the Ambassador's obligations under this Agreement; and (c) the Ambassador's activities and performance under this Agreement will not create any actual or reasonably foreseeable conflict of interest that would materially impair the Ambassador's ability to act in accordance with the terms of this Agreement.
The Ambassador further represents and warrants that the Ambassador has disclosed to the Company, in writing, any existing relationship, engagement, or obligation that could reasonably be expected to create a material conflict with the Ambassador's duties or obligations under this Agreement. The Ambassador shall promptly notify the Company in writing upon becoming aware of any actual or potential conflict of interest or other circumstance that could reasonably be expected to interfere with the Ambassador's performance under this Agreement.
The Ambassador shall not enter into or maintain any agreement, arrangement, or relationship during the Term that would materially conflict with the Ambassador's obligations to the Company or impair the Ambassador's ability to perform such obligations without first providing written notice to, and obtaining the prior written consent of, the Company.
Any breach of this Section shall constitute a material breach of this Agreement and may, in addition to any other rights or remedies available to the Company, constitute grounds for immediate termination of this Agreement.
17.7. Term and Termination
17.7.1. Term
This Agreement commences when your Ambassador application is approved and continues until terminated by FundYourEdge, or on 30 days' written notice by Ambassador.
17.7.2. Termination for Convenience
Either Party may terminate this Agreement at any time with 30 days' written notice.
17.7.3. Termination for Cause
Company may immediately terminate this Agreement if Ambassador breaches this Agreement or engages in prohibited or unlawful conduct.
17.7.4. Effect of Termination
Upon termination, Ambassador shall cease use of all Ambassador Links and Company materials. Any unpaid but valid Commissions earned prior to termination shall be paid in accordance with this Agreement.
17.8. Disclaimers
17.8.1. No Guarantee of Earnings
Company makes no representations regarding earnings, profitability, or success from participation in the Ambassador Program.
17.8.2. Evaluation Nature of Services
Ambassador acknowledges that Company provides simulated trading evaluations and not investment advice or live trading services.
17.9. Limitation of Liability
To the maximum extent permitted by law, Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of this Agreement.
17.10. Indemnification
Ambassador agrees to indemnify and hold harmless Company from any claims, damages, or liabilities arising from Ambassador's marketing activities or breach of this Agreement.
17.11. Independent Contractors
The Parties are independent contractors. Nothing in this Agreement creates any partnership, joint venture, or employment relationship.
17.12. Representations and Warranties
Each of the parties hereto hereby represents and warrants to the other party hereto that (a) such party has all requisite company power and authority to execute and deliver this Agreement and to perform such party's obligations hereunder, (b) this Agreement has been duly authorized, executed and delivered by such party, and is a valid and binding obligation, enforceable against such party in accordance with its terms, (c) this Agreement will not result in a violation of any terms or conditions of any agreements to which such party is a party or by which such party may otherwise be bound or of any law, rule, license, regulation, judgment, order or decree governing or affecting such party, and (d) such party's entry into this Agreement does not require approval by any owners or holders of any equity or other interest in such party (except as has already been obtained).
17.13. Dispute Resolution
The parties shall cooperate to resolve any dispute pertaining to this Agreement efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each organization. In such situation, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. In the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior managers of each organization to attempt to resolve the dispute.
Any dispute under $10,000 (Ten Thousand U.S. Dollars) must first be attempted to be settled via independent third party arbitration (virtual venue shall be acceptable to the parties). In the event that a resolution cannot be achieved via independent third party arbitration, either party may resort to court to resolve the dispute.
This Agreement shall be governed by and construed in accordance with the laws of Florida, without regard to conflict of law principles. In the event a dispute shall arise out of this Agreement, the parties agree that specific venue shall be Broward County in the State of Florida. In the event of litigation between the parties regarding the provisions of this Agreement or other related agreements or the obligations of the parties hereunder, the prevailing party shall be entitled to recover from the other party its attorney's fees, legal fees, and costs in maintaining the litigation. Both parties waive trial by jury in any proceeding arising from this Agreement.
17.14. Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement (including payment obligations) to the extent said failure or delay is caused by Force Majeure. Force Majeure means any event beyond a party's reasonable control, including but not limited to, natural disasters, war, terrorism, or government action. The affected party must provide prompt notice to the other party and use reasonable efforts to mitigate the effects of the event.
17.15. Survival
All provisions regarding indemnification, warranty, liability, and limits thereon, and confidentiality, non-disclosure, and/or protections of proprietary rights and trade secrets shall survive the termination of this Agreement.
17.16. Miscellaneous
- Assignment: Ambassador may not assign this Agreement without Company's prior written consent.
- Entire Agreement: This Agreement constitutes the entire agreement between the Parties regarding its subject matter.
- Electronic Copies: Once executed by the Parties, an exchange of electronic copies shall be considered sufficient.
- Amendments: Company may update this Agreement upon 30 days written notice to Ambassador.
- Severability: If any provision is held unenforceable, the remaining provisions shall remain in effect.
18. Amendments & Miscellaneous
18.1. Amendments
We may modify this Agreement at any time. Material changes will be communicated by email, on the website, or through your dashboard. Changes are effective on posting unless otherwise stated, and your continued use of the Services constitutes acceptance.
18.2. Severability
If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in full force.
18.3. Entire Agreement
This Agreement, together with the Privacy Policy and any other policies incorporated by reference, constitutes the entire agreement between you and FundYourEdge regarding the Services and supersedes all prior agreements.
18.4. Assignment
You may not assign your rights or obligations without our prior written consent. FundYourEdge may assign this Agreement freely, including in connection with a merger, acquisition, or sale of assets.
18.5. Contact & Company Information
Questions about these terms can be raised through the in-app support widget.
- FundYourEdge, Inc. — a Wyoming corporation
- CME Registered Third-Party Assessment Provider
- Website: fundyouredge.com
- Privacy Policy: fundyouredge.com/privacy-policy
18.6. No Waiver
Our failure to enforce any provision of this Agreement is not a waiver of that or any other provision.
18.7. Relationship of the Parties
Nothing in this Agreement creates any partnership, agency, employment, fiduciary, or joint-venture relationship between you and FundYourEdge. Traders participate as independent contractors.
18.8. Modification & Availability of the Services
We may modify, suspend, or discontinue all or part of the Services at any time, with or without notice, and may impose, change, or waive fees. We are not liable to you or any third party for any modification, suspension, or discontinuance, or for any unavailability of the Services.
19. Indemnification
You agree to defend, indemnify, and hold harmless FundYourEdge, Inc. and its affiliates, officers, directors, employees, contractors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your violation of this Agreement, or your violation of any law or the rights of any third party.
Acceptance of Terms
By creating an account, purchasing any FundYourEdge product, or clicking 'I Agree', you confirm that you have read, understood, and agree to be bound by this Agreement, including all policies incorporated by reference.