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FTMO GENERAL TERMS AND CONDITIONS
These FTMO General Terms and Conditions (the “GTC”) govern rights
and obligations in connection
with the use of services provided by FTMO Evaluation Global s.r.o. (the
“Services”), offered mainly
through the www.ftmo.com website (the “Website”). Please read these
GTC carefully. You are
under no obligation to use the Services if you do not agree or understand
any portion of these Terms,
nor should you use the Services unless you understand and agree to
these Terms.
1. INTRODUCTORY PROVISIONS
1.1. These GTC govern your (“you”, “your”, or the “Customer”) rights and
obligations in
connection with the use of the Services provided by FTMO Evaluation
Global s.r.o., with
its registered office at Purkyňova 2121/3, Nové Město, 110 00 Prague 1,
Czech Republic,
identification no.: 092 13 651, registered in the Commercial Register
maintained
by the Municipal Court in Prague, file no. C 332660 (“we”, “our”, or the
“Provider”).
1.2. By registering on the Website or, where registration is not required,
not later than by your
first use of the Services, you are entering into a contract with the
Provider, the subject of
which is the provision of the Services of your choice. The GTC form an
integral part of
such a contract and, by executing the contract with the Provider, you
express your
agreement to these GTC.
1.3. The Services are only intended for persons over the age of 18
residing in the country
for which the Services are available. By registering on the Website, you
confirm that you
are over 18 years of age. If you are under 18 years of age, you may not
use the Services.
You undertake to access the Services solely from one of the countries for
which
the Services are available. You acknowledge that your access to and use
of the Services
may be restricted or prohibited by law in some countries, and you
undertake to only access
and use the Services in accordance with applicable laws.
1.4. The Provider shall not provide Services to Customer that: (i) is of
nationality or is residing
in Restricted Jurisdictions; (ii) is established or incorporated, or has a
registered office in
Restricted Jurisdictions; (iii) is subject to the relevant international
sanctions; or (iv) has
a criminal record related to financial crime or terrorism. Restricted
Jurisdictions means
countries determined as such by the Provider and published here on the
Website. The
Provider reserves the right to refuse, restrict or terminate the provision of
any Services to
Customer as per this Clause 1.4. and such Customer is prohibited to use
the Services,
which also includes the use of the Client Section and/or Trading Platform.
1.5. The Services consist of the provision of tools for simulated foreign
exchange trading
on the FOREX market or simulated trading with other instruments on
other financial
markets, provision of analytical tools, training and educational materials,
the access to
the Client Section, and other ancillary services, in particular through the
Client Section or
by the provision of access to applications provided by the Provider or third
parties.
Financial market information is used in the simulated trading; however,
you acknowledge
that any trading that you perform through the Services is not real. You
also acknowledge
that the funds provided to you for demo trading are fictitious and that you
have no right
to possess those fictitious funds beyond the scope of their use within the
Services, and in
particular that they may not be used for any actual trading and that you
are not entitled
to the payment of those funds. Unless expressly agreed otherwise, you
will not be paid
any remuneration or profits based on the results of your simulated
trading, nor will you
be required to pay any losses.
1.6. NONE OF THE SERVICES PROVIDED TO YOU BY THE
PROVIDER CAN BE CONSIDERED
INVESTMENT SERVICES IN ACCORDANCE WITH APPLICABLE
LAWS. THE PROVIDER DOES
NOT GIVE OR PROVIDE TO YOU ANY GUIDANCE, INSTRUCTIONS,
OR INFORMATION
ABOUT HOW OR IN WHICH MANNER YOU SHOULD PERFORM
TRANSACTIONS WHEN
USING THE SERVICES OR OTHERWISE, OR ANY OTHER SIMILAR
INFORMATION ABOUT
THE INVESTMENT TOOLS TRADED, NOR DOES THE PROVIDER
ACCEPT ANY SUCH
GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM YOU. NONE
OF THE SERVICES
CONSTITUTE INVESTMENT ADVICE OR RECOMMENDATIONS. NO
EMPLOYEES, STAFF, OR
REPRESENTATIVES OF THE PROVIDER ARE AUTHORIZED TO
PROVIDE INVESTMENT
ADVICE OR RECOMMENDATIONS. SHOULD ANY INFORMATION OR
STATEMENT OF ANY
EMPLOYEE, STAFF, OR REPRESENTATIVES OF THE PROVIDER BE
INTERPRETED AS
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INVESTMENT ADVICE OR RECOMMENDATIONS, THE PROVIDER
EXPLICITLY DISCLAIMS
THAT THE SAME IS INVESTMENT ADVICE OR RECOMMENDATIONS
AND SHALL NOT BE
RESPONSIBLE FOR THEM.
1.7. Your personal data is processed in accordance with the Privacy
Policy.
1.8. The meaning of the definitions, expressions, and abbreviations used
in these GTC can be
found in clause 18.
2. SERVICES AND THEIR ORDER
2.1. You can order the Services through the Website by completing the
appropriate registration
or order form. After registration, we will e-mail you the login details for the
Client Section
and/or Trading Platform and allow you to access them.
2.2. The Services include, among other things, the Free Trial, FTMO
Challenge, and Verification
products; these products may differ in the scope of the Services provided
(e.g., by analytical tools available to the Customer). With the Free Trial,
you may use
some of the Services within a limited scope and for a limited period free of
charge.
Completing the Free Trial does not entitle you to access any other
Services.
2.3. All data that you provide to us through the registration or order form,
the Client Section,
or otherwise must be complete, true, and up to date. You must
immediately notify us
of any change in your data or update the data in your Client Section. The
Customer is
responsible for all the provided data being accurate and up to date; the
Provider is not
obligated to verify the data.
2.4. You acknowledge that if you provide an identification number, tax
registration number
or other similar information in the registration or order form or in the Client
Section,
or if you state that you are a legal entity, you will be considered as an
entrepreneur
(trader) for the purposes of these GTC and when using the Services, and
the provisions
of these GTC or the applicable law that grant rights to consumers will not
apply to you.
2.5. The fee for the FTMO Challenge varies according to the option
selected and depends on
the amount of the initial capital, the degree of the acceptable risk, the
parameters that
must be fulfilled so that the conditions of the FTMO Challenge and the
subsequent
Verification are met, and possibly other configurations. More detailed
information on
individual options and fees for those options are provided on our Website
here. The final
fee will be determined based on the option you select when completing
the form for
ordering the FTMO Challenge. The Provider reserves the right to also
provide the Services
under individually agreed conditions. All individually agreed conditions
shall be determined
by the Provider at its own discretion. Individual discounts and other
benefits may not be
combined, unless expressly stipulated otherwise by the Provider.
2.6. The fee is paid for allowing you to access the FTMO Challenge, or
the Services provided
under the FTMO Challenge. The Customer is not entitled to a refund of
the fee, for
example, if the Customer cancels the Customer’s Client Section or
requests the
cancellation by e-mail, if the Customer terminates the use of the Services
prematurely
(for example, fails to complete the FTMO Challenge or the Verification),
fails to meet the
conditions of the FTMO Challenge or the Verification, or violates these
GTC.
2.7. If the Customer lodges an unjustifiable complaint regarding the paid
fee or disputes
the paid fee with the Customer’s bank or payment service provider (e.g.
through
chargeback services, dispute services, or other similar services), on the
basis of which
an annulment, cancellation or refund of the fee or any part thereof is
requested,
the Provider is entitled, at its own discretion, to stop providing to the
Customer any
services and refuse any future provision of any services.
2.8. Your choice of the option of the FTMO Challenge that you select
when making an order
shall also apply to the subsequent Verification. You will start the
subsequent Verification
and, possibly, other products related thereto, with the parameters and the
same currency
that correspond to the option of the FTMO Challenge selected by you.
Once you make a
selection, it is not possible to change it.
If you are ordering a new FTMO Challenge, the restrictions specified in
this clause 2.8
shall not apply.
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2.9. The Provider reserves the right to unilaterally change the fees and
parameters
of the Services at any time, including the parameters for their successful
completion.
The change does not affect the Services purchased before the change is
notified.
2.10. Any data entered in the order form can be checked, corrected, and
amended until
the binding order of the Services. The order of the Services of your choice
is made by
submitting the order form. The Provider will immediately confirm the
receipt of your order
to your e-mail address. In the case of the Free Trial, the order is
completed upon the
delivery of the confirmation to your e-mail address, whereby the contract
is executed.
In the case of the FTMO Challenge, the order is completed upon the
payment of the fee
for the selected option (more on this in clause 3.4), whereby the contract
between you
and the Provider is executed, the subject of which is the provision of the
FTMO Challenge
and, if the conditions of the FTMO Challenge are met, the Verification.
The contract is
concluded in English. We archive the contract in electronic form and do
not allow access
to it.
2.11. You acknowledge that in order to use our Services, you must obtain
the appropriate
technical equipment and software, including third-party software (e.g.,
software for
the use of the Trading Platform), at your own risk and expense. The
Website is accessible
from the most commonly used web browsers. The internet access,
purchase of the
equipment, and purchase of the web browser and its updates are at your
own risk
and expense. The Provider does not warrant or guarantee that the
Services will be
compatible with any specific equipment or software. The Provider does
not charge any
additional fees for the internet connection.
2.12. You acknowledge that the operators of trading platforms are
persons or entities different
from the Provider and that their own terms and conditions and privacy
policies will apply
when you use their services and products. Before sending an order form,
you are obligated
to read those terms and conditions and privacy policies.
2.13. If the Customer places an unusually large number of orders for the
Services within an
unreasonably short period of time, the Provider may notify the Customer
through the
Client Section as a protective precaution to mitigate potentially harmful
behaviour of the
Customer. If such unreasonable behaviour continuous after such notice,
we reserve the
right to suspend any further orders of the Services by the Customer. If we
identify that
the unusual behaviour as per this paragraph relates to the Customer’s
involvement in
Forbidden Trading Practices, we may take respective actions as
perceived in Section 5 of
this GTC. The Provider reserves the right to determine, at its own
discretion, the nature
of the behaviour described above and reasonable boundaries for such
determination.
3. PAYMENT TERMS
3.1. The amounts of fees for the FTMO Challenge options are in euros.
The fee can also be paid
in other currencies that are listed on the Website. If you select any other
currency than
the euro, the amount of the fee for the selected option of the FTMO
Challenge shall be
converted by our rates and it will automatically display your payment total
in your chosen
currency, so you know how much you are paying before you confirm the
order. The
Customer acknowledges that if the payment is made in a currency other
than the one the
Customer has chosen on the Website, the amount will be converted
according to the
current exchange rates valid at the time of payment.
3.2. Service charges are inclusive of all taxes. If the Customer is an
entrepreneur (trader), he
is obliged to fulfil all his tax obligations in connection with the use of our
Services in
accordance with applicable law, and in the event of an obligation, he is
obliged to pay tax
or other fees properly.
3.3. You can pay the fee for the selected option of the FTMO Challenge
by a payment card, via
a bank transfer, or using other means of payment that the Provider
currently offers on the
Website.
3.4. In the event of payment by a payment card or via any other express
payment method,
the payment shall be made immediately. If you select a bank transfer for
payment, we
will subsequently send you a proforma invoice in electronic form with the
amount of the
fee for the option of the FTMO Challenge you have chosen on the
Website. You undertake
to pay the amount within the period specified in the proforma invoice. The
fee is
considered paid when its full amount is credited to the Provider’s account.
If you do not
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pay the amount on time, the Provider is entitled to cancel your order.
Customer bears all
fees charged to Customer by the selected payment service provider
(according to the valid
pricelist of the payment service provider) in connection with the
transaction and the
Customer is obliged to ensure that the respective fee for the selected
FTMO Challenge is
paid in full.
4. CLIENT SECTION AND TRADING PLATFORM
4.1. Only one Client Section is permitted per Customer and all of the
Customer’s Services must
be maintained in the Client Section.
4.2. The total number of FTMO Challenges and Verifications per one
Client Section may be
limited depending on the total sum of the initial capital amounts of the
products ordered
by the Customer or on the basis of other parameters. Unless the Provider
grants an
exception to the Customer, the initial capital amounts may not be
transferred between the
individual products or mutually combined. You may also not transfer or
combine your
performance, Service parameters, data, or any other information between
the products.
4.3. Access to the Client Section and Trading Platform is protected by
login data, which
the Customer may not make available or share with any third party. If the
Customer has
registered as a legal entity, the Customer may allow the use of the
Services through the
Customer’s Client Section to the authorized employees and
representatives. The Customer
is responsible for all activities that are performed through the Customer’s
Client Section
or Trading Platform. The Provider bears no responsibility, and the
Customer is not entitled
to any compensation, for any misuse of the Client Section, Trading
Platform, or any part
of the Services, nor is the Provider responsible for any negative
consequences thereof for
the Customer, if such misuse occurs for any reasons on the part of the
Customer.
4.4. The Customer acknowledges that the Services may not be available
around the clock,
particularly with respect to maintenance, upgrades, or any other reasons.
In particular,
the Provider bears no responsibility, and the Customer is not entitled to
any compensation,
for the unavailability of the Client Section or Trading Platform and for
damage or loss
of any data or other content that Customer uploads, transfers or saves
through the Client
Section or Trading Platform.
4.5. The Customer may at any time request the cancellation of the Client
Section by sending
an e-mail to support@ftmo.com. Sending a request for the cancellation of
the Client
Section is considered as a request for termination of the contract by the
Customer, with
the Customer being no longer entitled to use the Services, including the
Client Section
and Trading Platform. The Provider will immediately confirm the receipt of
the request to
the Customer by e-mail, whereby the contractual relationship between the
Customer and
the Provider will be terminated. In such a case, the Customer is not
entitled to any refund
of the fees already paid or costs otherwise incurred.
5. RULES OF DEMO TRADING
5.1. During the demo trading on the Trading Platform, you may perform
any transactions,
unless these constitute forbidden trading strategies or practices within the
meaning
of clause 5.4. You also agree to follow good market standard rules and
practices for trading
on financial markets (e.g., risk management rules). Restrictions may also
be imposed by
the trading conditions of the Trading Platform that you have selected for
trading.
5.2. You acknowledge that the Provider has access to information about
the demo trades that
you perform on the Trading Platform. You grant the Provider your consent
to share this
information with persons/entities who are in a group with the Provider or
who are
otherwise affiliated with the Provider, and you grant the Provider and
these
persons/entities your consent and authorization to handle this information
at their own
will. You agree that these activities may be performed automatically
without any further
consent, consultation, or approval on your part being necessary, and that
you are not
entitled to any remuneration or revenue associated with the use of the
data
by the Provider. The Provider is aware that you do not provide the
Provider with any
investment advice or recommendations through your demo trading. You
acknowledge that
you may suspend your demo trading on the Trading Platform at any time.
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5.3. The Provider bears no responsibility for the information displayed on
the Trading Platform,
nor for any interruption of, or delay or inaccuracy in the market
information displayed
through your Client Section.
5.4. FORBIDDEN TRADING PRACTICES.
5.4.1. DURING THE DEMO TRADING, IT IS PROHIBITED TO:
(a) KNOWINGLY OR UNKNOWINGLY USE TRADING STRATEGIES
THAT
EXPLOIT ERRORS IN THE SERVICES SUCH AS ERRORS IN DISPLAY
OF PRICES OR DELAY IN THEIR UPDATE;
(b) PERFORM TRADES USING AN EXTERNAL OR SLOW DATA FEED;
(c) PERFORM, ALONE OR IN CONCERT WITH ANY OTHER
PERSONS,
INCLUDING BETWEEN CONNECTED ACCOUNTS, OR ACCOUNTS
HELD
WITH DIFFERENT FTMO ENTITIES, TRADES OR COMBINATIONS OF
TRADES THE PURPOSE OF WHICH IS TO MANIPULATE TRADING,
FOR
EXAMPLE BY SIMULTANEOUSLY ENTERING INTO OPPOSITE
POSITIONS;
(d) PERFORM TRADES IN CONTRADICTION WITH THE TERMS AND
CONDITIONS OF THE PROVIDER AND THE TRADING PLATFORM;
(e) USE ANY SOFTWARE, ARTIFICIAL INTELLIGENCE, ULTRA-HIGH
SPEED,
OR MASS DATA ENTRY WHICH MIGHT MANIPULATE, ABUSE, OR
GIVE
YOU AN UNFAIR ADVANTAGE WHEN USING OUR SYSTEMS OR
SERVICES;
(f) PERFORM GAP TRADING BY OPENING TRADE(S):
(I) WHEN MAJOR GLOBAL NEWS, MACROECONOMIC EVENT OR
CORPORATE REPORTS OR EARNINGS (“EVENTS”), THAT MIGHT
AFFECT THE RELEVANT FINANCIAL MARKET (I.E. MARKET THAT
ALLOWS TRADING OF FINANCIAL INSTRUMENTS THAT MIGHT BE
AFFECTED BY THE EVENTS), ARE SCHEDULED; AND
(II) 2 HOURS OR LESS BEFORE A RELEVANT FINANCIAL MARKET IS
CLOSED FOR 2 HOURS OR LONGER.; OR
(g) OTHERWISE PERFORM TRADES IN CONTRADICTION WITH HOW
TRADING IS ACTUALLY PERFORMED IN THE FOREX MARKET OR IN
ANY
OTHER FINANCIAL MARKET, OR IN A WAY THAT ESTABLISHES
JUSTIFIED CONCERNS THAT THE PROVIDER MIGHT SUFFER
FINANCIAL
OR OTHER HARM AS A RESULT OF THE CUSTOMER’S ACTIVITIES
(E.G.
OVERLEVERAGING, OVEREXPOSURE, ONE-SIDED BETS,
ACCOUNT
ROLLING).
5.4.2. As our Customer, you should understand and agree that all our
Services are
for Customer’s personal use only, meaning that only you personally can
access
your FTMO Challenge and Verification accounts and perform trades. For
that
reason, you should not, and you agree not to,
(a) allow access to and trading on your FTMO Challenge and Verification
accounts by any third party nor you shall engage or cooperate with any
third party in order to have such third party perform trades for you,
whether such third party is a private person or a professional;
(b) access any third-party FTMO Challenge and Verification accounts,
trade
on behalf of any third party or perform any account management or
similar services, where you agree to trade, operate or manage the FTMO
Challenge and Verification accounts on behalf of another user, all
whether
performed as a professional or otherwise.
Please note that if you act or behave in contradiction with the aforesaid,
we
will consider such action/behaviour as a Forbidden Trading Practice
under
Section 5.4. with respective consequences as perceived under this GTC.
5.4.3. Furthermore, Customer shall not exploit the Services by performing
trades
without applying market standard risk management rules for trading on
financial markets, this includes, among others, the following practices (i)
opening substantially larger position sizes compared to Customer’s other
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trades, whether on this or any other Customer’s account, or (ii) opening
substantially smaller or larger number of positions compared to
Customer’s
other trades, whether on this or any other Customer’s account.
The Provider reserves the right to determine, at its own discretion,
whether certain trades,
practices, strategies, or situations are Forbidden Trading Practices.
5.5. If the Customer engages in any of the Forbidden Trading Practices
described in clause 5.4,
(i) the Provider may consider it as a failure to meet the conditions of the
particular FTMO
Challenge or Verification, (ii) the Provider may remove the transactions
that violate
the prohibition from the Customer’s trading history and/or not count their
results in the
profits and/or losses achieved by the demo trading, (iii) to immediately
cancel all Services
provided to the Customer and subsequently terminate this Agreement, or
(iv) reduce the
offered leverage on products to 1:5 on any or all Customer’s accounts.
5.6. In case when some or all Forbidden Trading Practices are executed
on one or more FTMO
Challenge and Verification accounts of one Customer, or accounts of
various Customers,
or by combining trading through FTMO Challenge and Verification
accounts and FTMO
Trader accounts, then the Provider is entitled to cancel all Services and
terminate all
respective contracts related to any and all Customer’s FTMO Challenge
and Verification
accounts and/or apply other measures in Clause 5.5. The Provider may
exercise any and
all actions in Clauses 5.5 and 5.6 at its own discretion.
5.7. If any FTMO Trader accounts were used for or were involved in the
Forbidden Trading
Practices, this may and will constitute a breach of respective terms and
conditions for
FTMO Trader account with third-party provider and may result in
cancellation of all such
user accounts and termination of respective agreements by the third-party
provider.
5.8. If the Customer engages in any of the practices described in clause
5.4 repeatedly,
and the Provider has previously notified the Customer thereof, the
Provider may prevent
the Customer from accessing all Services or their parts, including access
to the Client
Section and Trading Platform, without any compensation. In such a case,
the Customer is
not entitled to a refund of the fees paid.
5.9. The Provider does not bear any responsibility for trading or other
investment activities
performed by the Customer outside the relationship with the Provider, for
example
by using data or other information from the Client Section, Trading
Platform, or otherwise
related to the Services in real trading on financial markets, not even if the
Customer uses
for such trading the same Trading Platform that the Customer uses for
demo trading.
5.10. DEVELOPMENTS IN FINANCIAL MARKETS ARE SUBJECT TO
FREQUENT AND ABRUPT
CHANGES. TRADING ON FINANCIAL MARKETS MAY NOT BE
PROFITABLE AND CAN LEAD
TO SIGNIFICANT FINANCIAL LOSSES. ANY PREVIOUS
PERFORMANCES AND PROFITS OF
THE CUSTOMER’S DEMO TRADING ARE NOT A GUARANTEE OR
INDICATION OF ANY
FURTHER PERFORMANCE.
6. FTMO CHALLENGE AND VERIFICATION
6.1. After paying the fee for the selected option of the FTMO Challenge,
the Customer will
receive the relevant login data for the Trading Platform at the e-mail
address provided by
the Customer or in the Client Section. The Customer activates the FTMO
Challenge by
opening the first demo trade in the Trading Platform. IF YOU ARE A
CONSUMER, YOU
ACKNOWLEDGE THAT, BY OPENING THE FIRST DEMO TRADE, YOU
EXPRESSLY DEMAND
THE PROVIDER TO COMPLETE THE SERVICES BEFORE THE
EXPIRY OF THE PERIOD FOR
WITHDRAWAL FROM THE CONTRACT, WHICH AFFECTS YOUR
RIGHT TO WITHDRAW FROM
THE CONTRACT, AS SPECIFIED IN MORE DETAIL IN CLAUSE 12. If
you do not activate the
FTMO Challenge within 30 calendar days of the date on which it was
made available to
you, your access to it will be suspended. You can request the renewal of
access via the
Client Section or by sending an e-mail to support@ftmo.com within 6
months of the initial
suspension, otherwise we will terminate the provision of the Services
without any right to
a refund of the fee. The FTMO Challenge lasts for 30 calendar days from
the date of its
activation.
6.2. In order for the Customer to meet the conditions of the FTMO
Challenge, the Customer
must fulfil all of the following parameters at the same time by the end of
the FTMO
Challenge:
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6.2.1. during the FTMO Challenge, the Customer has opened at least one
demo
trade on at least four different calendar days;
6.2.2. in the course of none of the calendar days during the FTMO
Challenge did
the Customer report a loss on any demo trades opened and closed on
that
day, which would exceed the percentage of the initial capital for the
respective option as described below:
FTMO Challenge FTMO Challenge
Aggressive FTMO Challenge Swing
in total 5% of the
initial capital
in total 10% of the
initial capital
in total 5% of the
initial capital
6.2.3. at no time during the FTMO Challenge did the Customer report a
loss on
any opened and closed demo transactions, which would exceed in total
the percentage of the initial capital for the respective option as described
below:
FTMO Challenge FTMO Challenge
Aggressive FTMO Challenge Swing
in total 10% of the
initial capital
in total 20% of the
initial capital
in total 10% of the
initial capital
6.2.4. during the FTMO Challenge, the Customer reported a total profit on
all
closed demo trades amounting to at least the percentage of the initial
capital for the respective option as described below:
FTMO Challenge FTMO Challenge
Aggressive FTMO Challenge Swing
in total 10% of the
initial capital
in total 20% of the
initial capital
in total 10% of the
initial capital
The above parameters are explained in more detail here on the Website.
6.3. If the Customer has met the conditions of the FTMO Challenge
specified in clause 6.2, and
at the same time has not violated these GTC, in particular the rules of
demo trading under
clause 5.4, the Provider will evaluate the FTMO Challenge as successful
and will make the
Verification available to the Customer free of charge by sending login
details to the
Customer’s e-mail address or Client Section. The Customer may request
the evaluation of
the FTMO Challenge at any time by sending a request to
support@ftmo.com or via the
Client Section. The Provider does not have to evaluate the FTMO
Challenge if the Customer
has not closed all trades.
6.4. The Customer activates the Verification by opening the first demo
trade in the Trading
Platform. If the Customer does not activate the Verification within 30
calendar days from
the day on which the Customer received the new login data, the
Customer’s access to the
Verification will be suspended. The Customer may request the renewal of
access via the
Client Section or by sending an e-mail to support@ftmo.com within 6
months of the
suspension, otherwise we will terminate the provision of the Services
without any right to
a refund. The Verification lasts for 60 calendar days from the date of its
activation.
6.5. In order for the Customer to meet the conditions of the Verification,
the Customer must
fulfil all of the following parameters at the same time by the end of the
Verification:
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6.5.1. during the Verification, the Customer has opened at least one
demo trade
on at least four different calendar days;
6.5.2. in the course of none of the calendar days during the Verification
did the
Customer report a loss on any demo trades opened and closed on that
day, which would exceed the percentage of the initial capital for the
respective option as described below:
Verification Verification
Aggressive Verification Swing
in total 5% of the
initial capital
in total 10% of the
initial capital
in total 5% of the
initial capital
6.5.3. at no time during the Verification did the Customer report a loss on
the
sum of the opened and closed demo trades, which would exceed in total
the percentage of the initial capital for the respective option as described
below:
Verification Verification
Aggressive Verification Swing
in total 10% of the
initial capital
in total 20% of the
initial capital
in total 10% of the
initial capital
6.5.4. at the end of the Verification, the Customer reported a closed profit
from
all performed demo trades amounting to at least the percentage of the
initial capital for the respective option as described below:
Verification Verification Aggressive Verification Swing
in total 5% of the
initial capital;
in total 10% of the
initial capital
in total 5% of the
initial capital
The above parameters are explained in more detail here on the Website.
6.6. For the Customer to meet conditions of the Verification, the Customer
shall comply with
the following:
6.6.1. Customer has met the conditions of the Verification specified in
clause
6.5;
6.6.2. Customer has not violated these GTC, in particular, the rules of
demo
trading under clause 5.4; and
6.6.3. Customer has not exceeded the maximum total amount of the
capital
allocation of USD 400,000 (USD 200,000 for the Aggressive option),
individually or in combination, per Customer or per each trading strategy,
within the meaning of applicable FTMO Trader Program agreement, if
Customer is already participating in the FTMO Trader Program.
If the above conditions are met, the Provider will evaluate the Verification
as successful
and will recommend the Customer as a candidate for FTMO Trader
program. The Customer
may request the evaluation of the Verification at any time by sending a
request
to support@ftmo.com or via the Client Section. The Provider does not
have to evaluate
the Verification if the Customer has not closed all transactions.
6.7. If during the FTMO Challenge the Customer does not comply with
some of the conditions
specified in clause 6.2, the FTMO Challenge will be evaluated as
unsuccessful, and the
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Customer will not be allowed access to the subsequent Verification. If
during the
Verification the Customer does not comply with any of the conditions
specified in clause
6.5, the Verification will be evaluated as unsuccessful, and the Customer
will not be
recommended as a candidate for the FTMO Trader program. In such
cases, the Customer’s
account and Services will be cancelled without refund of fees already
paid.
6.8. Provider recommending Customer as a candidate for the FTMO
Trader Program in no way
guarantees Customer’s acceptance into the FTMO Trader Program. The
Provider is not
responsible for Customer being rejected by the FTMO Trader Program for
any or no reason.
7. FTMO TRADER
If the Customer is successful in both the Challenge and Verification, the
Customer may be
offered a contract by a third-party company, in its sole discretion to
participate in the
FTMO Trader Program. The terms, conditions, and agreement between
the Customer and
a third-party company are strictly between the Customer and the third-
party company.
FTMO Evaluation Global s.r.o. is in no way involved with the FTMO
Trader Program
agreement—or lack thereof—executed between the third-party company
and the
Customer. The Customer acknowledges their personal data may be
shared with a third-
party company for purposes of considering offering such a contract.
8. USE OF THE WEBSITE, SERVICES AND OTHER CONTENT
8.1. The Website and all Services, including the Client Section, their
appearance
and all applications, data, information, multimedia elements such as texts,
drawings,
graphics, design, icons, images, audio and video samples, and any other
content that may
form the Website and the Services (collectively as the “Content”), are
subject to legal
protection pursuant to copyright laws and other legal regulations and are
the property of
the Provider or the Provider’s licensors. The Provider grants you limited,
non-exclusive,
non-transferable, non-assignable, non-passable, and revocable
permission to use the
Content for the purpose of using the Services for your personal use and
in accordance
with the purpose for which the Services are provided. The Content is not
sold or otherwise
transferred to you and remains the property of the Provider or the
Provider’s licensors.
8.2. All trademarks, logos, trade names, and other designations are the
property of the
Provider or Provider’s licensors, and the Provider does not grant you any
authorization to
use them.
8.3. Both the Customer and the Provider undertake to act in accordance
with the principles
of fair dealing in the performance of the contract and in mutual
negotiations and, in
particular, not to damage the good reputation and legitimate interests of
the other party.
The Customer and the Provider will resolve any possible disagreements
or disputes
between them in accordance with these GTC and the applicable law.
8.4. Except for the rights expressly set out in these GTC, the Provider
does not grant you any
other rights relating to the Services and other Content. You may only use
the Services
and other Content as set out in these GTC.
8.5. When accessing the Services and other Content, the following is
prohibited:
8.5.1. to use any tools that may adversely affect the operation of the
Website and Services or that would be intended to take advantage of
errors, bugs or other deficiencies of the Website and Services;
8.5.2. to circumvent geographical restrictions of availability or any other
technical restrictions;
8.5.3. to make copies or back-ups of the Website and other Content;
8.5.4. to reverse-engineer, decompile, disassemble or otherwise modify
the Website and other Content;
8.5.5. to sell, rent, lend, license, distribute, reproduce, spread, stream,
broadcast or use the Services or other Content otherwise than
as permitted;
8.5.6. to use automated means to view, display or collect information
available through the Website or Services; and
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8.5.7. to use any other tools or means the use of which could cause
any damage to the Provider.
8.6. The provisions of clause 8 are not intended to deprive the Customer
of the Customer’s
consumer rights which cannot be excluded by law.
9. DISCLAIMER
9.1. YOU ACKNOWLEDGE THAT THE SERVICES AND OTHER
CONTENT ARE PROVIDED “AS IS”
WITH ALL THEIR ERRORS, DEFECTS AND SHORTCOMINGS, AND
THAT THEIR USE IS AT
YOUR SOLE RESPONSIBILITY AND RISK. TO THE MAXIMUM
EXTENT PERMITTED BY THE
MANDATORY LAWS, THE PROVIDER DISCLAIMS ANY STATUTORY,
CONTRACTUAL,
EXPRESS, AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING
ANY WARRANTY OF
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-
INFRINGEMENT OF ANY RIGHTS.
9.2. TO THE EXTENT PERMITTED BY THE MANDATORY
PROVISIONS OF THE APPLICABLE
LAWS, THE PROVIDER IS NOT RESPONSIBLE FOR ANY HARM,
INCLUDING ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST
PROFIT, LOSS OF DATA, PERSONAL OR OTHER NON-MONETARY
HARM OR PROPERTY
DAMAGE CAUSED AS A RESULT OF USE OF THE SERVICES OR
RELIANCE ON ANY TOOL,
FUNCTIONALITY, INFORMATION OR ANY OTHER CONTENT
AVAILABLE IN CONNECTION
WITH THE USE OF THE SERVICES OR ELSEWHERE ON THE
WEBSITE. THE PROVIDER IS
NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES,
APPLICATIONS OR OTHER THIRD-
PARTY CONTENT THAT THE CUSTOMER USES IN CONNECTION
WITH THE SERVICES. IN
CASE THE PROVIDER’S LIABILITY IS INFERRED IN CONNECTION
WITH THE OPERATION
OF THE WEBSITE OR PROVISION OF THE SERVICES BY A COURT
OF JUSTICE OR ANY
OTHER COMPETENT AUTHORITY, THIS LIABILITY SHALL BE
LIMITED TO THE AMOUNT
CORRESPONDING TO THE FEE PAID BY THE CUSTOMER FOR THE
SERVICES IN
CONNECTION WITH WHICH THE CUSTOMER HAS INCURRED THE
LOSS.
9.3. The Provider reserves the right to modify, change, replace, add, or
remove any elements
and functions of the Services at any time without any compensation.
9.4. The Provider is not responsible for its failure to provide the
purchased Services if that
failure occurs due to serious technical or operational reasons beyond the
Provider’s
control, in the case of any crisis or imminent crisis, natural disaster, war,
insurrection,
pandemic, a threat to a large number of people or other force majeure
events, and/or
if the Provider is prevented from providing the Services as a result of any
obligations
imposed by law or a decision of a public authority.
9.5. The provisions of Clause 9 are not intended to deprive the Customer
of the Customer’s
consumer or other rights that cannot be excluded by law.
10. VIOLATION OF THE GTC
10.1. IF THE CUSTOMER VIOLATES ANY PROVISION OF THESE GTC
IN A MANNER THAT MAY
CAUSE ANY HARM TO THE PROVIDER, IN PARTICULAR, IF THE
CUSTOMER ACCESSES THE
SERVICES IN CONFLICT WITH CLAUSE 1.3 OR 1.4, IF THE
CUSTOMER PROVIDES
INCOMPLETE, UNTRUE OR NON-UPDATED INFORMATION IN
CONFLICT WITH CLAUSE 2.3,
IF THE CUSTOMER ACTS IN A MANNER THAT MAY DAMAGE THE
PROVIDER’S GOOD
REPUTATION, IF THE CUSTOMER VIOLATES THE DEMO TRADING
RULES PURSUANT TO
CLAUSE 5.4, IF THE CUSTOMER ACTS IN CONFLICT WITH CLAUSE
8.3, AND/OR
IF THE CUSTOMER PERFORMS ANY OF THE ACTIVITIES
REFERRED TO IN CLAUSE 8.5,
THE PROVIDER MAY PREVENT THE CUSTOMER FROM ORDERING
ANY OTHER SERVICES
AND COMPLETELY OR PARTIALLY RESTRICT THE CUSTOMER’S
ACCESS TO ALL OR ONLY
SOME SERVICES, INCLUDING ACCESS TO THE CLIENT SECTION
AND TRADING
PLATFORM, WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY
COMPENSATION.
11. COMMUNICATION
11.1. You acknowledge that all communication from the Provider or its
partners in connection
with the provision of Services will take place through the Client Section or
your e-mail
address, which you register with us. Written electronic communication by
e-mail
or through the Client Section is also considered to be written
communication.